The buddhify.com website, the buddhify Android application and the buddhify iOS application (collectively “buddhify“) are run by the nice people at 21awake Ltd “21awake“. We created buddhify because we wanted to fill a gap – that of a fresh and accessible way for people to be introduced to meditation. To that end, it’s important all our users and fans act in a way that’s encouraging, nurturing and friendly. It is unacceptable to use the service for stuff like spam, viruses, or hate content, or anything that might hurt buddhify, 21awake or anyone else. If you find someone who’s behaving in a bad way, please report it to via http://buddhify.com/contact
This TOS is based on the one at http://en.wordpress.com/tos/- so thanks very much to the kind people at WordPress.com for allowing the world to re-use their content via a Creative Commons Attribution-Sharealike license. Naturally, this TOS too is therefore under the same licence too.
It’s quite a lot of legal chat but we have to put it here so thank you for your patience.
Terms of Service
The following terms and conditions govern all use of the buddhify service. For extra clarification this relates to not just the iOS and Android applications we provide, but also the web-service behind it and the buddhify.com websites.
Please read this Agreement carefully before accessing or using any part of buddhify. By accessing or using any part of buddhify, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access buddhify or use any services. If these terms and conditions are considered an offer by 21awake, acceptance is expressly limited to these terms. buddhify is available only to individuals who are at least 13 years old.
You agree to indemnify and hold harmless 21awake, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of buddhify, including but not limited to your violation of this Agreement. It goes without saying that buddhify should not be used while driving or similar activity which requires your full concentration. You also acknowledge that you are responsible for your own health and body and that it is your responsibility to ensure that any meditation you undertake is at your own risk and that while some meditation products are designed for therapeutic use buddhify is not, therefore if you have any clinical mental health issues or are in doubt you should contact your doctor or therapist for alternative courses of action. You acknowledge that the usage of buddhify does not guarantee an improvement in wellbeing. You acknowledge that meditation, walking and exercise can be tiring and cause your body to perspire and you take on the risk of your perspiration damaging any equipment you utilise whilst using buddhify (including but not limited to your mobile device and associated peripherals). It is up to you to protect against such damage.
2. Limitation of Liability
In no event will 21awake, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to 21awake under this agreement during the twelve (12) month period prior to the cause of action. 21awake shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
3. Fees and Payment
Some services including the iOS and Android applications themselves will be made available for a fee.
4. Intellectual Property
This Agreement does not transfer from 21awake to you any 21awake or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 21awake. 21awake, buddhify, the buddhify logo, and all other trademarks, service marks, graphics and logos used in connection with buddhify, or buddhify are trademarks or registered trademarks of 21awake or 21awake’s licensors. Other trademarks, service marks, graphics and logos used in connection with buddhify may be the trademarks of other third parties. Your use of buddhify grants you no right or license to reproduce or otherwise use any 21awake or third-party trademarks.
4. Disclaimer of Warranties
buddhify is provided “as is”. 21awake and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, wellbeing and non-infringement. Neither 21awake nor its suppliers and licensors, makes any warranty that buddhify will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, buddhify at your own discretion and risk.
21awake reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to buddhify following the posting of any changes to this Agreement constitutes acceptance of those changes. 21awake may also, in the future, offer new services and/or features through buddhify (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
21awake may terminate your access to all or any part of buddhify at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your buddhify account (if you have one), you may simply discontinue using buddhify. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. buddhify data
8. General Representation and Warranty
You represent and warrant that
(ii) your use of buddhify will not infringe or misappropriate the intellectual property rights of any third party.
This Agreement constitutes the entire agreement between 21awake and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 21awake, or by the posting by 21awake of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of buddhify will be governed by the laws of England, Great Britain, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in England, Great Britain. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 21awake may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.