Terms & Conditions
Effective Date: January 1, 2023
1. ACCEPTANCE TERMS OF SERVICE
We (hereafter referred to as "Provider", "we", "us" or "our") deliver content that promotes physical and mental wellbeing, optimized for mobile devices. These services are available as a browser-based application (“Services”).
By visiting the website ("Sites") and/or registering for the Services, you accept that you are entering into a binding contract with us governed by the Terms of Service, Additional Terms if applicable, and Privacy Policy.
Please take the time to read and understand the Terms of Service. If you do not agree with the Terms of Service, Additional Terms as well as the Privacy Policy, please don’t use the Sites or any of the Services.
The Terms of Service, Additional Terms and Privacy Policy may be updated without prior written notice to you at any time. These changes will form part of the Terms of Service, even if you do not re-use the Sites. You are responsible for being familiar with any amendments or modifications of the Terms of Service, Additional Terms and Privacy Policy.
2. ACCESS AND AVAILABILITY
3. AGE RESTRICTION
4. FEES
The charges will be invoiced through the mobile bill you receive from the mobile operator of your network or through any other selected payment method. Separate text message fees and/or network fees from your mobile operator or payment processor can apply.
In the free welcome message or email you will find information about the Service fee and the frequency of the Service. We ask you to check and store this welcome message or email.
All fees, including fees for existing subscription contracts, are subject to change upon notice from us. We will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription effective immediately upon termination
5. SECURITY AND REGISTRATION OBLIGATION
6. CHANGES OF THE SERVICES
7. CODE OF CONDUCT
8. BREACHING TERMS
9. PRIVACY POLICY
10. INDEMNIFICATION
11. CANCELLATION AND TERMINATION
When your country of residence is part of the European Union and you have purchased a subscription, you have the right to withdrawal from a subscription within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of purchase of subscription. To exercise the right of withdrawal you must inform us of your decision to withdraw from the purchase by an unequivocal statement. You may use enclosed European model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from the purchase, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdrawal from the purchase. You will not incur any fees as a result of such reimbursement. If you us the Service during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the subscription, in comparison with the full coverage of the subscription. The right of withdrawal does not apply for renewal of subscription.
12. ADVERTISING
13. INTELLECTUAL PROPERTY RIGHTS
You are aware and agree that software used in connection with the Service (“Software”), the Sites as well as the Services contain information and marks that is protected by valid and applicable copyright law, trade secret law, trademark law and any other intellectual property rights and laws. Except as otherwise set forth herein, all now known and hereafter rights of every nature worldwide pertaining to the Sites, Services and Software in or as part of any version, belongs to us at all times (“Intellectual Property Right”).
You agree to make no claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms of Service and/or Additional Terms.
You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so.
Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with the Terms of Service and Additional Terms, as long as you do not copy, alter or amend any Software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.
We respect the intellectual property rights of others and expect you to do the same. We enforce third party’s intellectual property rights and can, in appropriate circumstances, suspend or terminate the accounts of subscribers or users who are infringers. We will respond expeditiously to claims of copyright infringement committed using our Services and/or Sites, if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the our website by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to our Designated Copyright Agent. Upon receipt of the notice as described below, we will take whatever action, in own sole discretion, it deems appropriate, including removal of the challenged content from the Services and/or Sites.
To file a DMCA Notice of Alleged Infringement, please:
1) Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of copyrighted works that you claim have been infringed.
2) Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Services and/or Sites or the exact location where such material may be found. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
3) Provide your full legal name and your electronic or physical signature.
4) Include both of the following statements in the body of the notice: “I hereby state that I have good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)” and “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”.
Finally, deliver this notice, along with all items completed to our Designated Copyright Agent:
Jarvine Limited, Filias 6, 2660 Nicosia, Cyprus.