TERMS OF USE

Last Updated: January 22, 2026

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

This Terms of Use (“Agreement”) is a legally binding contract between you (“User”) and 123 Pray LLC (“Company,” “we,” “us,” or “our”). By downloading, installing, or using the 123 Pray mobile application (the “App”), you agree to be bound by these terms. If you do not agree, you must immediately cease use and delete the App.

You acknowledge that this Agreement is between you and 123 Pray LLC only, and not with Apple, Inc. 123 Pray LLC is solely responsible for the App and its content. Apple has no obligation to furnish any maintenance or support services for the App. To the maximum extent permitted by law, Apple will have no warranty obligation whatsoever with respect to the App.

1. NO PROFESSIONAL OR RELIGIOUS ADVICE; NO DUTY OF CARE

The App is a technology-based spiritual resource provided "AS-IS" for informational and entertainment purposes only.

No Clergy-Penitent Privilege: Use of the App does not constitute a religious, confidential, or privileged relationship.
Mental Health Warning: We are not a medical or mental health provider. If you are experiencing a crisis, suicidal ideation, or a medical emergency, you must contact professional emergency services (e.g., 988 or 911).
Assumption of Risk: You acknowledge that spiritual practices are deeply personal. You assume all risk for any emotional, psychological, or spiritual distress you may experience. 123 Pray LLC disclaims all "Duty of Care" for your physical or mental well-being.

2. AI-GENERATED CONTENT & SYNTHETIC MEDIA DISCLOSURE

In accordance with 2026 Federal and State AI Transparency mandates:

Synthetic Audio: All prayer audio is generated via Artificial Intelligence (ElevenLabs). You acknowledge these are "Synthetic Performers" and not real human beings.
Error Disclosure: AI may produce linguistic errors, hallucinations, or "glitches." We make no warranty regarding the theological accuracy or pronunciation of the prayers.
No Impersonation: These voices are generic synthetic models and are not intended to impersonate any specific living or deceased individual.

3. DATA PRIVACY, ANONYMITY, AND LOCAL STORAGE

No Account Collection: We do not collect names (beyond what is stored on your device), emails, or phone numbers.
Zero-Server Knowledge: Your prayer history and entered name are stored locally on your device. We cannot see, access, or restore this data.
Data Loss: If you delete the App or lose your device, your data is permanently destroyed. 123 Pray LLC is not liable for any "loss of spiritual record" or data loss.
Supabase/Technical Logs: To deliver content, we use Supabase. While we do not "identify" you, your IP address is briefly processed for security (DDoS) and delivery purposes only.

4. ACCESSIBILITY "NOTICE AND CURE" (ADA SAFE HARBOR)

123 Pray LLC strives for WCAG 2.1 Level AA compliance. To prevent predatory litigation:

Mandatory Pre-Suit Notice: Before filing any lawsuit (under the ADA or similar state laws) regarding accessibility barriers (e.g., screen reader compatibility), you MUST provide us with a written description of the barrier at contactus at 123prayapp.com
60-Day Remediation Period: You agree to give us sixty (60) days to remediate the barrier. You waive the right to file a claim until this period has expired. This "Notice and Cure" clause is a condition precedent to any legal action.

5. 2026 AGE ASSURANCE COMPLIANCE

Minimum Age: 123 Pray is intended for users of all ages. If you are under the age of 18 (or the age of majority in your jurisdiction), you represent that your parent or guardian has reviewed and agreed to these Terms on your behalf.
Parental Supervision: If you are between 13 and 17, you represent that your parent or guardian has read and agreed to these terms. We rely on the age-verification settings provided by the Apple App Store and Google Play Store.

6. INTELLECTUAL PROPERTY & PROHIBITED CONDUCT

Ownership: The software (Flutter), database (Supabase), and AI-generated outputs are the property of 123 Pray LLC.
Prohibited Acts: You shall not:
1. Use the AI audio to create "deepfakes" or unauthorized voice clones.
2. Scrape, crawl, or spider our database of prayer texts.
3. Record and sell the audio for commercial gain.
4. Use the App to express hate speech or promote violence.

7. MANDATORY ARBITRATION & CLASS ACTION WAIVER

THIS SECTION LIMITS YOUR RIGHT TO SUE IN COURT.

Individual Arbitration: All disputes arising out of this Agreement shall be settled by binding individual arbitration through the American Arbitration Association (AAA).
Class Action Waiver: YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.
Jury Trial Waiver: You waive your right to a trial by jury in any court.

8. LIMITATION OF LIABILITY (THE "CEILING")

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 123 PRAY LLC SHALL NOT BE LIABLE FOR ANY DAMAGES BEYOND THE TOTAL AMOUNT YOU PAID US IN THE LAST 12 MONTHS, OR $50.00 USD, WHICHEVER IS GREATER. This cap applies to all claims, including negligence, AI errors, or technical outages.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 123 Pray LLC and its developers from any third-party claims (including lawyer fees) resulting from your breach of these Terms or your use of the App in a way that violates the rights of others.

10. THIRD-PARTY SERVICES

Our App utilizes services from Apple, Google, Supabase, and ElevenLabs. You agree that 123 Pray LLC is not responsible for the performance, privacy practices, or downtime of these third-party providers.

11. SAFE OPERATION & PROHIBITED USE

Distracted Operation Warning: The Service is intended to be used as a tool for connection and reflection. You expressly agree that you will not use the App, read notifications, or engage with "Ripples" while driving, operating a motor vehicle, or operating heavy machinery. You acknowledge that engaging with mobile applications while operating a vehicle is a serious safety hazard and may be a violation of local laws.

Assumption of Risk: You use this App at your own discretion and risk. You are solely responsible for complying with all applicable traffic laws and safety regulations. [App Name] shall not be liable for any injury, death, property damage, or legal violations resulting from your failure to maintain your primary attention on the safe operation of a vehicle or machinery.

High-Risk Activities: This Service is not intended for use in any environment or situation where the failure of the Service, or a delay in receiving a notification, could lead to death, personal injury, or severe environmental damage.

Hands-Free Compliance: If you choose to interact with the Service via voice commands or hands-free technology, you remain responsible for ensuring such use does not distract from the safe operation of your vehicle.

12. WELLNESS AND BREATHING FEATURES (MEDICAL DISCLAIMER)

Not a Medical Device: The breathing exercises and techniques provided within the App are for informational and educational purposes only. 123 Pray is not a medical device, nor should it be used for the diagnosis, treatment, or prevention of any medical condition. The content provided is not a substitute for professional medical advice, diagnosis, or treatment.

Consultation with Healthcare Provider: You are strongly advised to consult with a qualified healthcare professional or doctor before beginning any new breathing technique or wellness program, especially if you:

Have a history of respiratory issues, asthma, or lung disease.
Have cardiovascular disease or high blood pressure.
Are pregnant or nursing.
Experience frequent dizziness, fainting, or shortness of breath.

Safety and Immediate Cessation: If at any time during a breathing exercise you feel dizzy, lightheaded, faint, nauseous, or experience any physical discomfort or shortness of breath, you must immediately stop the exercise and return to your normal breathing pattern. If symptoms persist, seek medical attention immediately.

Proper Environment for Use: Breathing exercises should only be performed in a safe, seated, or lying position. You must never use the breathing feature while driving, swimming, operating machinery, or in any environment where a temporary loss of focus or lightheadedness could lead to injury or death.

Assumption of Risk: By using this feature, you acknowledge that you are doing so voluntarily and at your own risk. To the maximum extent permitted by law, [App Name] and its developers shall not be held liable for any physical or mental injury, complication, or health issue arising from your participation in these exercises.

13. MONTHLY SUPPORT OPTION

If you choose an optional support option/"subscription", your payment will be charged to your Apple ID account. This monthly support option automatically renews unless they are canceled at least 24 hours before the end of the current period. You can manage and cancel your subscriptions in your App Store account settings.

14. MODIFICATIONS AND GOVERNING LAW

Changes: We may update these Terms at any time. Your continued use of the App constitutes acceptance of new terms.
Governing Law: This Agreement is governed by the laws of the State of California and the Federal Arbitration Act.