Terms of Use

1. Agreement to These Terms

These Terms of Use ("Terms") form a binding agreement between you and Kinda Smart Inc., doing business as DizzOut ("DizzOut," "we," "us," or "our"). They govern your use of dizzout.com, the DizzOut mobile applications, quizzes, direct checkout pages, subscriptions, audio sessions, guidance, and related services (collectively, the "Services").

By accessing or using the Services, creating an account, or purchasing a subscription, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 16 years old, or the minimum age required to consent to the Services where you live. If you are under the age of legal majority, your parent or legal guardian must review and agree to these Terms and is responsible for your use. You may not use the Services if prohibited by law.

3. What DizzOut Provides

DizzOut provides audio-based wellness sessions, educational materials, travel guidance, quizzes, and digital features intended to support users who experience motion-related discomfort. Features, content, availability, and supported devices may change over time.

4. Medical and Safety Disclaimer

Not medical care.

DizzOut does not provide medical advice, diagnosis, treatment, or emergency services and is not a substitute for a qualified healthcare professional.

No guaranteed result.

individual experiences vary. Statements about typical timing, comfort, or outcomes are informational and do not guarantee a particular result.

Passenger use only.

do not use the Services while driving, piloting, cycling, operating machinery, crossing roads, or performing any activity requiring full attention.

Stop if needed.

discontinue use if audio causes discomfort, pain, hearing changes, dizziness, or other concerning effects. Seek medical care for severe, new, persistent, or worsening symptoms.

Ask a clinician.

consult a healthcare professional before use if you have an ear or neurological condition, are pregnant, use the Services for a child, or have concerns about your health.

5. Accounts and Accurate Information

You are responsible for information submitted through the Services, maintaining the confidentiality of account credentials, and activity conducted through your account. Notify us promptly of unauthorized access. You agree to provide accurate information and not impersonate another person.

6. Limited License

Subject to these Terms, DizzOut grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own lawful, non-commercial purposes. No ownership rights are transferred to you.

7. Acceptable Use

You may not:

• Copy, distribute, sell, license, publicly perform, or commercially exploit the Services except as expressly permitted.
• Reverse engineer, decompile, disassemble, scrape, bypass access controls, or attempt to derive source code, proprietary audio, models, or methods except where law expressly permits.
• Interfere with security, availability, payment systems, or other users; introduce malware; or use automated systems without written permission.
• Use the Services unlawfully, fraudulently, to infringe rights, or to submit harmful, deceptive, or unauthorized content.
• Share subscription access outside your household or organization unless the applicable plan expressly allows it.

8. Subscriptions, Billing, and Automatic Renewal

Some features require a paid subscription. The checkout page identifies the selected plan, amount due today, billing interval, currency, and applicable discount before purchase. By purchasing, you authorize the applicable payment provider to charge the displayed amount and future recurring charges until cancellation.

Direct website purchases.

processed through Stripe or another provider identified at checkout. DizzOut does not store complete card details.

App-store purchases.

processed by Apple App Store or Google Play and subject to the store's billing terms, cancellation tools, and refund process.

Automatic renewal.

subscriptions renew at the interval and price disclosed at checkout unless cancelled before the renewal date. We recommend cancelling at least 24 hours before renewal.

Discounts and offers.

eligibility, duration, and renewal price are disclosed with the offer. Unless stated otherwise, promotional pricing applies only for the stated promotional period.

Taxes and currency.

applicable taxes, exchange rates, and bank fees may be added or imposed by payment providers or financial institutions.

Price changes.

we may change future subscription prices with notice required by law. Continued use after the effective date constitutes acceptance, subject to any required affirmative consent.

9. Cancellation and Refunds

You may cancel a subscription at any time using the method described in the DizzOut Cancellation Policy. Cancellation generally prevents future renewals and does not immediately terminate access for the paid billing period. Refund eligibility is governed by the DizzOut Refund Policy and any mandatory consumer rights. App-store refund requests must normally be submitted to the applicable store.

10. Intellectual Property

The Services, including software, audio, text, graphics, branding, designs, databases, and underlying technology, are owned by DizzOut or its licensors and protected by intellectual-property laws. DizzOut and associated marks may not be used without prior written permission. All rights not expressly granted are reserved.

11. Feedback

If you provide suggestions or feedback, you grant DizzOut a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, and incorporate that feedback without restriction or compensation, provided we do not publicly identify you without permission.

12. Third-Party Services

The Services may rely on or link to third-party services, including app stores, payment processors, analytics providers, and external websites. Third-party terms and privacy policies govern those services. DizzOut is not responsible for third-party content, availability, or conduct.

13. Updates and Availability

We may update, suspend, or discontinue any part of the Services and may require software updates for continued use. We do not guarantee uninterrupted or error-free operation, permanent availability of any feature, or compatibility with every device, operating system, headset, or network.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DIZZOUT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIZZOUT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIZZOUT FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100. These limitations do not apply where prohibited by law or to liability that cannot lawfully be limited.

16. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless DizzOut and its affiliates from claims, losses, liabilities, and expenses arising from your unlawful use of the Services, violation of these Terms, or infringement of another person's rights. This section does not apply to the extent prohibited by consumer law.

17. Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms, create security or legal risk, fail to pay amounts due, or use the Services fraudulently. Provisions that by their nature should survive termination will remain effective, including intellectual property, disclaimers, liability limits, and dispute provisions.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Subject to mandatory consumer protections and any court with non-waivable jurisdiction, disputes will be brought in the state or federal courts located in Delaware, and each party consents to their jurisdiction. Before filing a claim, please contact us so we can attempt to resolve the issue informally.

19. Changes to These Terms

We may update these Terms to reflect changes in the Services, law, or business practices. We will post the updated Terms with a new effective date and provide additional notice where required. If you do not agree to a material change, you must stop using the Services and cancel any subscription before the next renewal.

20. Miscellaneous

These Terms, together with referenced policies and checkout disclosures, are the entire agreement concerning the Services. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a corporate transaction or by operation of law.