Terms of Use

TERMS AND CONDITIONS

Last updated: December 13, 2017

Please read these Terms and Conditions ("Terms", "Terms and Conditions”, “Terms of Service”, “Terms of Use”) carefully before clicking the “I Agree”, downloading or using the buddhify (“Application”) and its associated websites and apps including buddhify.com and the buddhify Alexa Skill, and buddhify content provided by 3rd party sites (“buddhify”, “Buddhify”, “the service”).

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

Buddhify is made and operated by Mindfulness Everywhere Ltd (“Mindfulness Everywhere”, ”us", "we", or "our"). Mindfulness Everywhere’s registered address is 20-22 Wenlock Road, London, UK N1 7GU. Mindfulness Everywhere’s company number is 09242925 and VAT number is 204655818. Mindfulness Everywhere is based at 221 South Block, 60 Osborne Street, Glasgow, United Kingdom G1 5QH.

This Agreement is a legal agreement between you (either an individual or a single entity) and Mindfulness Everywhere Ltd and it governs your use of the Application made available to you by Mindfulness Everywhere.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

The Application is licensed, not sold, to you by Mindfulness Everywhere for use strictly in accordance with the terms of this Agreement.

LICENSE

Mindfulness Everywhere grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. 

RESTRICTIONS

You agree not to, and you will not permit others to:

license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

copy or use the Application for any purpose other than as permitted under the above section 'License'.

modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Mindfulness Everywhere Ltd or its affiliates, partners, suppliers or the licensors of the Application.

INTELLECTUAL PROPERTY

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Mindfulness Everywhere Ltd.

Buddhify is for your personal use. By agreeing to these terms you agree to not replicate buddhify or any part of it. You also agree to not share buddhify or any part of it with 3rd parties. 

If you breach these terms, you lose your right to use our application, and must destroy or return any copies you have made of the application or any part of it. We may cancel any account you hold with us. You may also be liable for legal redress by Mindfulness Everywhere Ltd.

USING THE PRODUCT / SERVICE

Buddhify is for people over the age of 18. People under the age of 18 should only use buddhify with the consent and involvement of a parent or guardian. This also applies to the buddhify content designed for children and young people.

We allow buddhify to be used with other people on a non-commercial basis in a private setting. If you wish to use buddhify for commercial reasons and/or in a public setting you must receive written permission from us.

Buddhify should not be used when driving, operating heavy machinery, or any other activity which requires your full concentration to avoid harming yourself or others.

Devices and operating systems: The buddhify mobile application requires either an Apple iOS device or an Android device to operate. The Android buddhify application will operate on Android devices using the operating system 4.1 (Jelly Bean) or more recent. The iOS buddhify application will operate on Apple devices using the operating system iOS 10 or more recent. 

We reserve the right to change the versions of the operating systems that buddhify is compatible with. This means that overtime, some devices and operating systems will be able to access the latest version of buddhify.

Medical and wellbeing disclaimer

Buddhify is not made for therapeutic use and therefore if you have any diagnosed or suspected mental health issues you should consult a professional before use.

You accept that the usage of buddhify does not guarantee an improvement in wellbeing.

ACCOUNTS

Creating an account: You can use buddhify without creating an account, although creating an account grants you full access to all of the buddhify mobile application features. 

You can create your account and manage your account anytime within the buddhify mobile application. Your buddhify account is managed by Mindfulness Everywhere Ltd. For more details on how we manage data please see our Privacy Policy. 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to provide us with correct information, notify us of a data breach or unauthorised use of your account constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Terminating your account: You can terminate your buddhify account at anytime within the application. Terminating your account will remove your account and all your details from your buddhify app, and your data will be removed from our database. Account termination cannot be reversed.

Terminating your account does not mean that you will refunded any payments you have made. 

Terminating your account will not remove buddhify from your device, just your account details. To remove buddhify from your device you must follow the instructions for deleting applications from your device provider.

Refunds: Issues or questions pertaining to payment or refunds for the app, should be taken up with the relevant app store since payments are governed by their own terms and conditions. Please note that Apple and Android have their own terms for refunds.

Changing fees and charges: We reserve the right to change the pricing of the app and the pricing terms for membership at any time. This may include changes at different points in different territories. 

We will notify you of any changes at least one month in advance, and highlight changes that affect you. No charges will be claimed retroactively. 

Future functionality and content: You agree that your purchase of buddhify is not contingent on the delivery of any content, functionality, features or associated products, or dependent on any communications from Mindfulness Everywhere.

Terminating your account: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

YOUR SUGGESTIONS

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Mindfulness Everywhere Ltd with respect to the Application shall remain the sole and exclusive property of Mindfulness Everywhere Ltd.

Mindfulness Everywhere Ltd shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

MODIFICATIONS TO APPLICATION

Mindfulness Everywhere Ltd reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

UPDATES TO APPLICATION

Mindfulness Everywhere Ltd may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Mindfulness Everywhere Ltd has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

THIRD-PARTY SERVICES

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Mindfulness Everywhere Ltd shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Mindfulness Everywhere Ltd does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Links to meditation teachers: Buddhify works with meditation teachers from around the world. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any of our teachers outside of our buddhify content.  

You further acknowledge and agree that Mindfulness Everywhere Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available from any teacher we work with.

PRIVACY POLICY

Mindfulness Everywhere Ltd collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at www.buddhify.com. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or Mindfulness Everywhere Ltd.

Mindfulness Everywhere Ltd may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Mindfulness Everywhere Ltd, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of Mindfulness Everywhere Ltd's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

INDEMNIFICATION

You agree to indemnify and hold Mindfulness Everywhere Ltd and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

NO WARRANTIES

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Mindfulness Everywhere Ltd, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Mindfulness Everywhere Ltd provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Mindfulness Everywhere Ltd nor any Mindfulness Everywhere Ltd's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Mindfulness Everywhere Ltd are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

LIMITATIONS OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of Mindfulness Everywhere Ltd and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall Mindfulness Everywhere Ltd or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Mindfulness Everywhere Ltd or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

AMENDMENTS TO THIS AGREEMENT

Mindfulness Everywhere Ltd reserves the right, at its sole discretion, to modify or replace this Agreement and Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

GOVERNING LAW

The laws of United Kingdom, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact us.

ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between you and Mindfulness Everywhere Ltd regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Mindfulness Everywhere Ltd.

You may be subject to additional terms and conditions that apply when you use or purchase other Mindfulness Everywhere Ltd's services, which Mindfulness Everywhere Ltd will provide to you at the time of such use or purchase.

Your access to and use of buddhify is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using buddhify you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access buddhify.