We’re happy you’re here! Please take a few minutes to read this. It’s a legal document, and there is important information for you in there.
These Terms of Services apply when you use our mobile applications (our “Apps”), as well as the services related to our Apps (together, the “Services”).
These Terms of Services are between the user of the Services (each, a “user” and collectively, the “users”, also referred to as “you” and “your”) and Roman Makarenko.
If you wish to access and use our Services, you must accept and agree to be bound by and comply with these Terms of Services. If you do not agree with these terms and conditions, do not use the Services. Continued use of our Services indicates your continued acceptance of the Terms of Services.
Please read these Terms of Services carefully, as they contain important information regarding your legal rights, remedies and obligations. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. You will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.
The Terms of Services are effective on the earlier of the date: (i) you first access the Services; (ii) when you download our Apps.
If you have any questions on our Terms of Services, you can reach out to us:
Scope of the Terms of Services
You acknowledge and agree that these Terms of Services are between you and us, and not with any third party platforms such as Apple, Google or Amazon (the “Mobile Operators”). We are solely responsible for our Apps and the Content (as defined below). However, Mobile Operators may have their own terms and conditions that apply when you use our Apps.
These Terms of Services govern the Services, as well as all content included in or made available through the Services, such as text, graphics, logos, images, audio clips, stories, meditations and digital downloads (the “Content”), as well as Updates (as defined below). For greater clarification, the use of the expression “Services” is intended to include the Content.
Our Services are not intended for anyone under the age of 18 years old. By using our Services, you represent and warrant that you are over 18 years old. If you are under 18 years old, please cease immediately the use of our Services.
When you use our Services, you can create an account with us.
You agree that you are responsible for the confidentiality of your credentials, and for any activity resulting from the use of your account. You agree to make reasonable efforts to prevent unauthorized access to, or use of, the Services.
You may not share your account and password, allow third parties to use your account nor assist anyone who is not a registered User to gain access to the Services. You agree to take reasonable confidentiality and security measures for using and securing your device, our Apps and related data. You are fully responsible for all use of your account and for any actions that take place through your account.
You agree to notify us immediately if you become aware of any unauthorized use of your login credentials, and to change your credentials immediately using the built-in functionalities made available to you.
Language and Availability of Services
You agree that the Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location.
When you use our Services, we ask that you follow very simple housekeeping rules. We also ask you not to encourage others to break this rule, or to help them doing so - that would also be considered a breach by you of our housekeeping rules.
The rules are the following. Please do not:
decompile, disassemble, reverse engineer, investigate, modify, create derivative works from, or otherwise access any non-UI portion of our Services;
attempt to gain unauthorized access to the Services, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions or graphics of the Services;
use the Services in any manner that may harm or target minors;
impersonate any person, including registering by using someone’s else identity to create accounts;
access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam to any of our users or through our Services;
abuse referrals or promotions to get more credits than deserved;
attempt to scan, probe, or test the vulnerability of our Services;
provide payment information belonging to a third party which you are not authorized to use;
harm or threaten to harm other Users in any way or interfere with, or attempt to interfere with, the access of any User’s account, host or network including , without limitation, by overloading the Apps;
authorize, permit, enable, induce or encourage any third party to do any of the above.
If you do any of the foregoing, we reserve our right to suspend your access to the Services. If we believe you’re about to breach our housekeeping rules, we may suspend your access preemptively and until we conduct our inquiry. If we determine, in our reasonable discretion, that you were effectively attempting to breach these housekeeping rules, we can maintain the suspension longer, or indefinitely. If you paid for our Services, we have no obligation to reimburse you if the suspension is caused by a breach of our housekeeping rules.
All titles, ownership rights and intellectual property rights in and to the Services and any and all copies thereof, are owned by us. All rights are reserved, except as expressly stated in these Terms of Services. The Content included in or made available through the Services is our property. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by these Terms of Services.
Subject to the limitations set forth in these Terms of Services, in the event of a breach of a third party’s intellectual property rights by the Services, we are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, at the exclusion of any third parties, including Mobile Operator
Notwithstanding anything to the contrary, we are the sole owner of any suggestions, enhancement requests, recommendations or other feedback provided by you to us, so long as they relate to the Services, and you hereby assign to us, without limitation of any kind, all of your rights, titles and interests therein, and we accept such assignment
Updates, New Releases and Upgrade
Any updates, new releases or upgrades (together, “Updates”) are subject to these Terms of Services. Updates are provided when available, at our sole discretion, and may include bug fixes, security updates, new features and enhancements to existing features. Updates do not include new applications, new third-party tools and/or new functionalities, to the extent that these are subject to additional fees, as determined by us.
Once an Update is released, it is your responsibility to update your Apps diligently. We may not support previous versions of our Services, and we have no liability or responsibility for supporting and maintaining them, including for security patches. It’s important to update your Apps to ensure that you are using a secured version of our Apps.
Our Apps are licensed, not sold, to you.
Subject to your respect of these Terms of Services, and during the Term, we grant you a revocable, non-exclusive, non-transferable, limited and worldwide license to download, install, use and access our Services for your personal use. This license applies to the devices that you own or control, and is subject to the Mobile Operators terms and conditions, such as Apple’s Usage Rules. There are a few limits to this license:
You may not distribute or make the licence available over a network where it could be used by multiple devices at the same time, unless through family sharing or similar functionalities made available by your Mobile Operator;
You may not transfer, redistribute or sublicense our Apps and, if you sell your device to a third party, you must remove our Apps from your device before doing so;
You may not copy (except as permitted by the Terms of Services), reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of our Apps, any updates or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with our Apps).
You acknowledge and agree that Mobile Operators, and their subsidiaries, are third party beneficiaries of these Terms of Services to the extent that they relate to our Apps. As of the Effective Date, the Mobile Operators will have the right (and will be deemed to have accepted the right) to enforce these Terms of Services against you as a third party beneficiary thereof regarding the Apps.
Subscription Fees and Payments
We offer paid subscriptions on a monthly or semi-annual basis.
Subscriptions are auto-renewing at the end of each periodic subscription term. You understand and agree that (i) after your initial subscription period, this period will automatically renew for an additional equivalent period and (ii) your account will be billed continuously for each subscription, until you terminate it.
You can terminate and manage your Apps subscription(s) directly from your mobile devices, or directly within our Services in the settings. If you terminate your subscription, you will continue to have access to the paid Services until the end of the subscription period that you already paid for, and we will not charge you additional fees after the end of this subscription period.
You hereby authorize us to collect payments for each paid subscription period to which you subscribed on your credit card or through the payment method(s) that we make available to you and you have selected. You agree to pay all fees and applicable taxes incurred by you or anyone using your account registered to your name.
You agree to provide accurate, complete and current financial information. If your financial information changes, we will not be able to process the payment for your subsequent subscription term until you update your financial information.
We reserve our right to revise our subscription fees and offerings at any time. If the subscription fees change, we will advise you before processing your next payments. If you do not agree to such changes, you can terminate your subscription before the next payment.
We use third party service providers to process your payment as part of our Services, such as Google Payments. They process your financial information in accordance with their privacy policies, and conduct fraud prevention and anti-money laundering monitoring for legal compliance purposes. In no event will we be responsible for the actions or inactions of third party payment processors, including, but not limited to, system downtime or payment service outages, unless such actions are in breach of these Terms of Services.
Promotion and Discount Codes
From time to time, we may decide to offer promotions and discounts codes. You cannot combine promotions and discounts. We may decide to offer promotions and discounts only to a certain group of users or to potential new users. You agree and understand that you may not qualify for all available promotions and discounts. Unless stated otherwise, promotions and discounts only apply to the initial subscription periods, and any renewals will be charged at the then-current rates for our subscriptions.
You agree and understand that the Services and gifting codes are non-refundable and we do not issue credits for the Services and gifting codes. If we suspend your account in accordance with these Terms of Services, or if you close your account voluntarily, you agree and understand that you will receive no refund or exchange of any kind for the Services, except as set forth in applicable laws. If we discontinue the Services, we will either provide the Services until the end of your subscription period, or reimburse you for the Services paid in advance in proportion of the time remaining in your current subscription period.
Maintenance and Support
The Services do not include maintenance and support services, although we try to help all our users and respond to their requests. You can write to us at email@example.com if you have any requests regarding maintenance and support. Mobile Operators are not responsible for providing any maintenance or support services for our Apps.
Our Services may enable access to third party services, applications and websites (the “External Services”). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not have any liability whatsoever for any such External Services. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
We reserve our right to change, suspend, remove, disable or impose access restrictions or limits on any External Services, at any time, and without notice or liability to you.
Note that your Mobile Operator may collect, use and maintain certain usage statistics from your device and other data in accordance with their respective privacy policies.
You agree that we can analyze, combine and aggregate your data, and publish and distribute such aggregated data if your identity cannot be reasonably ascertained.
Disclaimer - No Medical Advice; For Informational Purpose Only
The Services are for informational purposes only, are not for advice and should not be treated as such, and the information without the Services is provided without any representations or warranties, express or implied, and without limiting the generality of the foregoing, we do not warrant or represent that the Content will be constantly available, or available at all, true, accurate, complete, current or non-misleading.
You must not rely on any information provided as part of the Services as an alternative to medical advice from your doctor or other healthcare professional. If you have any specific questions about any medical matter, you should consult your doctor or other healthcare professional provided. If you think you may be suffering from any medical condition, you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of any information provided as part of our Services, the Service or the Content.
Our Services are intended for your well-being, but neither the Services nor the Content should ever be interpreted as medical advice, diagnoses, or treatment, and should not be relied on as an alternative to any advice given by a qualified healthcare professional.
Disclaimer - Use of the Services
If you experience any discomfort when using our Services, cease the use of the Services immediately. The Content includes the possibility for users to integrate brainwaves and autonomous sensory meridian response (“ASMR”) as part of the music and sounds they can create in the Services. Such functionalities may not be adapted to some individuals, such as individuals with epilepsy or post-traumatic stress disorder. Please consult a doctor if you have any medical conditions prior for using these functionalities, and if you experience any discomfort while using these functionalities. Subject to applicable laws, we assume no liability if you decide to use these functions, they are provided at your own risks.
Disclaimer of Warranties
Although we will do our best to provide constant, uninterrupted access to the Services, we do not guarantee this. We accept no responsibility or liability for any interruption, suspension, unavailability or delays in the access or use of the Services.
Except as set forth in these Terms of Services and subject to applicable laws, we make no representations or warranties of any kind, whether express or implied, to you relating to the Services or the Content, which are provided to you on an ‘as is’, ‘as where’ and ‘as available’ basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by Roman Makarenko or its authorized representative shall create a warranty.
In the event that our Apps fail to conform with applicable warranties, you may notify your Mobile Operator and they may refund the purchase price for the Apps based on their own policies. To the maximum extent permitted by applicable law, Mobile Operators will have no other warranty obligations whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
We are solely responsible for addressing any of your claims relating to our Apps, including, but not limited to, claims arising under consumer protection, privacy or similar legislation, including in connection with our Apps’ use of the Healthkit framework. Mobile Operators have no such responsibility.
Limitation of Liability
Subject to applicable laws, in no event will you or us have any liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Services or with these Terms of Services, your sole and exclusive remedy is to discontinue use of the Services, except as otherwise set forth in these Terms of Services.
You agree to defend, indemnify, and hold Roman Makarenko and its representatives harmless from and against any third party claims, demand, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees, arising out of or in any way connected with your material breach of these Terms of Services. We reserve our exclusive right, at your expense, to conduct the defense of any such claims and assume control of any matter, subject to indemnification by you, in which event you shall cooperate with us in asserting any and all available defenses.
Changes to the Service
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue the Services or a portion thereof.
We can change the Content that we make available as part of the Services at any time without notice or liability, and for any reason whatsoever.
We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so. We determine the content of the Services at our sole discretion.
We will make commercially reasonable efforts to notify Users of discontinuation of the Services in advance. We disclaim any liability for any inconvenience.
Term; Termination; Effect of Termination
These Terms of Services are effective on the Effective Data and continue as long as you use our Services, including for as long as our Apps are installed on your mobile, and as long as you do not delete your account with us (the “Term”).
We can terminate these Terms of Services at any time subject to a prior written notice of at least five (5) days. Services paid for in advance will be reimbursed as set forth in these Terms of Services.
If these Terms of Services are terminated for any reasons, all provisions that by their nature should survive the Term will survive the Term, including, without limitation, any disclaimers and limitations of liability.
You may not use or otherwise export or re-export our Services (including any technical information related thereto) except as authorized by applicable laws, including Canadian or American laws. In particular, but without limitation, our Apps may not be re-exported (a) into any US-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using our Apps, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use our Services for any purposes prohibited by Canada, the United States or international laws, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Changes to the Terms of Services
We may change our Terms of Services at our sole discretion. If we do so, we will provide a notice to our users through the Services or otherwise. If you continue to use the Services after receiving such notice, you will be deemed to consent to such changes, regardless of whether we requested your explicit consent.
For your convenience, we included the date of the latest change to these Terms of Services above.
Governing Laws and Jurisdiction
Subject to applicable law, these Terms of Services and the relationship between you and us shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. You and us agree to submit to the non-exclusive jurisdiction of the courts located in Montreal, Quebec. Specifically excluded from application to the Terms of Services is that law known as the United Nations Convention on the International Sale of Goods.
Prohibition of Class and Representation Actions and Non-Individualized Relief
You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless we both agree otherwise, the courts may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the courts may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
General Legal Stuff
Nothing in these Terms of Services shall be construed as forming any relationship of employment, partnership, agency, trust, franchise, or joint venture between you and us. Nor do they create any fiduciary duties.
No waiver or consent to depart from the requirements of any provision of the Terms of Services will be binding. Our failure to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision.
If any provision of the Terms of Services is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
The parties acknowledge that they have required this Agreement and all related documents to be prepared in English only. Les parties reconnaissent avoir demandé que le présent contrat ainsi que tous documents qui s'y rattachent soient rédigés uniquement en langue anglaise.