Last updated 28/4/2021
We, Modern Mindset Lifestyle Limited of 86-90 Paul Street, London EC2A 4NE , license you to use:
as permitted in these terms.
We do not make any guarantee about the results that you will experience in using the App. The App and its content is not any substitute for professional medical advice, diagnosis or treatment, counselling services or any other therapy.
Not all activities described within the App are suitable for everyone. Please do not attempt any of our deep breathing techniques without first consulting a medical doctor as to your suitability for these practices. Do not attempt any of our breath work techniques if you suffer from epilepsy, asthma, obesity, heart problems, psychological conditions such as anxiety and depression or are pregnant. Do not use the App while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the services (content) within the App.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You are responsible
The ways in which you can use the App and Documentation may also be controlled by the Apple App Store’s and Google Play Store’s rules and policies and such rules and policies will apply instead of these terms where there are differences between the two.
This app requires an Apple device with a minimum of ios 14 operating system.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by email or by pre-paid post, using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
You must be 18 or over to accept these terms and buy the App and by clicking on Accept, you are warranting that you are 18 or over.
We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
We charge for the Services in advance and the price is as published on the App at the time that you sign up for the Services. All charges payable are non-refundable except as specifically set out in these terms.
All charges include VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
We may offer subscription services where charges are automatically recurring for the period of the subscription. By subscribing to any ongoing Service, you authorise us to charge you on a periodic basis until such time that you cancel the subscription. Refunds will not be provided for ongoing subscriptions that you have failed to cancel. To cancel the subscription, you will need to process this through either the Apple App Store or the Google Play Store (as appropriate).
We reserve the right to change the subscription charges from time to time and if we do so, we will provide you with advance notice so that you can cancel your subscription prior to the new charges coming into effect.
We may from time to time offer free trials for our Services. If we do so, we may require that you provide your payment details and at the end of such free trial will start charging you for such Services at the level advised to you when you signed up for the free trial. If you fail to cancel the Services before the free trial ends we will charge you as notified and no refunds will be provided.
If for any reason (such as a payment card expiring), ongoing payments aren’t made for the use of the Services, we may cancel or suspend your account and the provision of the Services without any notice to you.
Our obligation to provide the Services only arises once we have confirmed your subscription to the Services by email.
All payments (and any refunds payable in accordance with these terms) will be made in pounds sterling.
It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
As all of our Services and Documentation are provided digitally and are immediately available for access and you agree that we can deliver the Services and Documentation to you immediately, under the Consumer Contracts Regulations 2013 you do not have the right to cancel the contract and you hereby acknowledge and agree to this.
As the Services involve the provision of digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. Hence:
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or for commercially necessary or desirable reasons.
We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service and you may apply to the Appstore for a refund, which will reflect the period the App and the Service have been available to you prior to cancellation.
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
We may change the Services (and the Documentation) to reflect changes in relevant laws and regulatory requirements, to implement minor technical adjustments and improvements, for example to address a security threat. If these changes affect your use of the product, we will notify you of such impact. In addition, we may make more significant changes to the Services (and the Documentation) and if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
Certain Services within the App may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your devices.
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for third party content. To the extent permissible by law, we disclaim all liability for any third party content included in the App, the Services or the Documentation.
We do not warrant that the App will be error free, secure or that defects will be corrected or that the App (or any communications in relation to the App) is virus free and we shall not be liable for any loss, damage, fine, penalty, fee or any other liability suffered by you or anyone else as a result of there being errors or defects with the App (or any communications in relation to the App).
We do not warrant that the App, the Services or the Documentation will be available at all times. There may from time be down time in availability where you will not be able to access the App, the Services or the Documentation, such as for planned down time or the introduction of new Services or functionality. In such instances we will provide you with as much advance notice of as possible. We will not in any circumstance be liable to refund you for loss of availability, except where such loss of availability has continued for 96 consecutive hours or more.
We do not make any warranties or representations about any links to third party sites. Similarly we do not make any warranties or representations about any products or services or advice that are provided at such sites. We shall not be liable for any reliance that you place on any content on such sites or for any services or products bought through such sites.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Please keep passwords and logins confidential and do not share them with anyone else. The security of your account is your responsibility and we shall not be liable for any failure by you to access your account due to forgotten logins or passwords. We may monitor your password and logins and require you to change passwords and/or logins where we deem this necessary.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way or if any payment for the Services is outstanding. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
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