Terms of Use
Welcome to Inner Journey: Mental Clarity App!
This app is the property of AffirmedYou LLC (“company” or “we”) which operates the Inner Journey: Mental Clarity Application (“application”), related websites of the company, its affiliates or agents with links to this terms of use (collectively, the “website”) and any related services and resources available or enabled via the website or application (each a “service” and collectively, the “services”). Please read these terms and conditions (the “terms and conditions”) carefully. By accessing or using this website, services, or application, completing the registration process, and/or browsing the website, or downloading the application, you represent that:
i) You have read and understood these terms and conditions and you agree by each and every provision therein.
ii) You have attained age of majority or legal age to enter into a contractual obligation with us.
iii) You are authorized to enter into the legally binding agreement personally or on behalf of the company you have named as the user, and to bind that company to these terms and conditions.
Throughout the site, the terms “we”, “us” refer to AffirmedYou LLC, its website and app whereas, “you”, “your” “client” refers to the individual users of our website or/and app and collectively called as parties. The word “agreement” used hereunder refers to these terms and conditions. Moreover, the words denoting the gender in these terms and conditions include the masculine, feminine and neuter whereas, references in these terms and conditions to the singular words include plural and vice versa.
If you do not agree to all or any of the provision of these terms and conditions, then you should not access the website/app or use our services. Moreover, if you do not agree with our terms and conditions and privacy policy, you should exit the website immediately and should not register as a member. If these terms and conditions of service are considered an offer, acceptance is expressly limited to these terms and conditions.
ARTICLE 1: ABOUT US
Inner Journey: Mental Clarity is an application that is designed to help all people obtain clearer and healthier minds through positive daily habits. It provides science-backed tools for mental fitness that are easy to integrate into one’s daily routine. It aims to have a positive impact on people’s mental and physical well-being.
The Inner Journey: Mental Clarity App is designed to help you relieve stress and anxiety, find more calm and performance, develop self-awareness and resilience, and boost learning, growth and overall well-being.
ARTICLE 2: REGISTRATION
2.1 To use or access certain features of the properties of the Company, you are required to register with us. For the purpose of these terms and conditions a “register user” means a user who has registered an account with Inner Journey on the website or app (‘account”).
In order to register with us you agree to:
i. Provide us correct and updated information about yourself.
ii. Maintain and update your information from time to time.
iii. You have attained legal age to enter into a contractual obligation with us.
iv. You are responsible for all the activities taking place on your account.
v. You shall monitor your account strictly to restrict use by minors. You accept full responsibility for any unauthorized use of the company properties by minors on your account.
vi. You understand and agree that you shall not share your account or password with anyone. In case of unauthorized use of your account, you agree to inform us immediately of such and authorized use of your account or any security breach.
vii. You agree that you shall exit from the account at the end of each session.
viii. You agree that if at any time, you give us any inaccurate information about yourself that is either not true or incorrect, the company has authority and reasonable grounds to suspend or terminate your account and reuse your access or use of its properties or any portion thereof.
ix. You agree not to create an account with a false identity or information or on behalf of
someone other than yourself.
x. You agree that you shall have only one account at any given time.
xi. The Company shall have the right to remove or reclaim any users at any time, for any reason including but not limited to, claims by a third party that a user violates the third- party’ rights.
xii. You agree not to create an account or use the company properties if you have been previously suspended by the company, or if you have been previously banned from any of the company properties.
xiii. You shall provide all equipment and software necessary to connect to the company properties, including but not limited to, a mobile device to connect and use the company properties, in cases where the services offer a mobile component.
xiv. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the company properties.
ARTICLE 3: SUBSCRIPTIONS
3.1 The purpose of these terms and conditions is to provide you secure access to the services. All fees set forth and paid by you shall be considered solely in furtherance of this purpose. In no way are these fees considered payment for the sale, license, or use of the company’s software, and, furthermore, any use of the company’s software by you in furtherance of the terms will be considered merely in support of the purpose of the terms.
3.2 You agree to pay us all the fees and charges on your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Currently, all payments are made via application. If at any time, we offer alternative methods of payment, you may be required to provide the company with a valid credit card (visa, Mastercard, or any other issuer accepted by us) or PayPal account (“payment provider”). Your payment provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not these terms to determine your duties and obligations. By providing the company with your credit card number or PayPal account and associated payment information, you authorize the Company to immediately invoice your account for the due fees and charges. You agree that we need no further consent or notice from you in this regard. You shall immediately notify us in case you change your billing address or the credit card or PayPal account used for payment hereunder. The Company shall have the right to modify its prices and billing methods. In such a case, the Company shall notify you with the change in the prices.
3.3 You agree that you shall be solely responsible for payment of the application fee for any services (each a “service subscription”) at the time you upgrade to a premium subscription (each, a “service commencement date”). Except as provided under these terms and conditions, all fees for the services are non-refundable. You agree that no contract exists between you and the company for the services until the company accepts your order by a confirmatory e-mail or other appropriate means of communication.
3.4 You agree that fees charged by the Company are net of any applicable sales tax. If any services or payment is subjected to sales tax in any jurisdiction and you have not paid the applicable sales tax to the Company, you shall solely be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority. The company has no obligation or responsibility in this regard. You agree to indemnify the company for any liability or expenses arising in connection with such sales taxes. You shall provide us the official receipts issued by the appropriate taxing authority or other such evidence that you have paid all the applicable taxes. Whereas, the “sales tax” means any sales or use tax and any other tax measured by sales proceeds that the company is permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not impose a sales or use tax unless otherwise provided.
3.5 You agree and undertake to pay us all the fees of any withholding taxes. Any such tax imposed on payments of fees shall be your sole responsibility and you shall provide the Company with official receipts issued by the appropriate taxing authority or such other evidence as we may reasonably request to establish that such taxes have been paid.
3.6 You agree and acknowledge that, your subscription shall continue indefinitely until terminated in accordance with these terms and conditions. After your initial subscription period, and again after any subsequent subscription period, your subscription shall automatically commence on the first day following the end of such period (each a “renewal commencement date”) and continue for an additional equivalent period, at the company’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the renewal commencement date by logging into the account settings of the app store used for your purchase. If you wish your account not to renew automatically, or if you want to change or terminate your subscription, please log in and go to the account settings of the app. In the case that you cancel your subscription, you may use your subscription until the end of your then- current subscription term; your subscription will not be renewed after your then-current term expires. However, you agree that we shall not refund you any prorated portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the company to charge your payment provider now, and again at the beginning of any subsequent subscription period.
3.7 Any free trial or other promotion provided by us at any time to the registered user level access to the services must be used within the specified time of the trial. At the end of the trial period, your use of that service will expire, and any further use of the service is not allowed unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact the company to have the charges reversed.
3.8 We may run promotional offers from time to time on the website. The terms of any such promotion will be posted on the website. Unless otherwise provided, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
ARTICLE 4: APPLICATION LICENSE AND RESTRICTIONS
Subject to these terms and conditions, the company gives you a limited nonexclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the application. Whereas, the rights given to you by us in the terms are subject to the following restrictions:
a) You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the company properties or any portion of the company properties, including the website.
b) You shall not frame or utilize framing techniques to enclose any trademark, logo, or other company properties (including images, text, page layout or form) of the company.
c) You shall not use any metatags or other “hidden text” using the company’s name or trademarks.
d) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the company properties except to the extent the foregoing restrictions are expressly prohibited by applicable law.
e) You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
f) Access the company properties in order to build a similar or competitive website, application, or service. Except as expressly stated herein, no part of the company properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the company properties. Any future release, update or other addition to the company properties shall be subject to these terms. The company, its suppliers and service providers reserve all rights not granted in these terms. Any unauthorized use of the company properties terminates the licenses granted by the company pursuant to the terms.
ARTICLE 5: CONTENT AND LIABILITY
5.1 You understand that all the content and the company’s properties, is the sole responsibility of the party from whom such content originated. This means that you are responsible for all the content that you post, upload, email, transmit, or otherwise make available through us and therefore, we shall not be held liable. You understand and agree that we have no liability to prescreen any of the content made available through us on our website and we shall not be held liable for any content posted or made available by us. However, you understand that you have the right to prescreen content and to refuse or remove any content. You also understand and agree that you have no exception of privacy concerning the transmission of your content which may include chat, text, voice communication.
5.2 In case that the company pre-screens, refuses or removes any content, you agree that the company shall be doing it solely for its benefit, not yours. Without limiting the aforementioned, the company shall have the right to remove any content that violates its terms or seems objectionable to it.
5.3 Unless provided otherwise, we have no liability or obligation to store or make available any of your content. The company has no duty for the deletion or accuracy of any content, including your content; the failure to store, transmit or receive transmission of content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the company properties.
ARTICLE 6: INTERACTION WITH OTHER USERS
You agree that you are solely responsible for your interactions with other users of the services and any other parties with whom you interact through us; provided, however, that the company has the right, but has no obligation, to intercede in such disputes. You agree that the company shall not be responsible to you or any third party for any liability incurred as the result of such interactions.
The company properties may contain user content provided by other users. We are not responsible for and do not control user content. You understand that we have no liability to monitor or review or make representations with respect to user content. You interact with other users and parties at your own risk.
ARTICLE 7: COMMUNICATION
You allow us to communicate with you via your registered e-mail, telephone or messages/notifications within your account. Any communication from you to us shall be considered as effective from the date and time of reception by us. It is your sole duty to make sure that you have read all and any communication we may transfer you from time to time through any communication channel. If you change any of your contact information you are requested to update us with your recent information. Whereas, all the communication shall be made to you by us in the English language. Any communication made otherwise shall only be for the purpose of convenience and shall not be legally binding. Only the English version of such communication shall be binding. It is your responsibility to keep the information and communication made between us confidential and not to share with any third party and you understand that we shall not be held liable for loss of any such confidential information.
ARTICLE 8: WARRANTIES
You understand that you use the company’s properties and its services at your own risk and you understand that all the properties made available to you are provided on an “as is” and “as available” basis, with all faults. We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, without limitation, the implied warranties or conditions of merchantability, fitness for a particular purpose and non- infringement.
The company make no warranty, representation, or condition that:
• The company properties will fulfill your requirements.
• Your use of the company properties will be uninterrupted, timely, secure, or error-free.
• The results that may be obtained from use of the company properties will be accurate or reliable.
Any content downloaded from or otherwise retrieved through the company properties is retrieved at your own risk, and only you shall be responsible for any harm to your property or person, including, without limitation, your computer system and any device you use to retrieve the company properties, or any other damage that results from retrieving such content. You agree and understand that our services may be subject to delays, cancellations, and other disruptions. Company makes no warranty or condition with respect to services, including but not limited to, the quality, effectiveness, reputation, and other characteristics of services. No advice or information, whether oral or written, obtained from or through the company properties will create any warranty not expressly made herein.
ARTICLE 9: LIABILITY
You understand and agree that we shall not be liable to you for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the company properties, including, but not limited to, any damages resulting from loss of use, data, or profits, whether or not company has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of the company properties, on any theory of liability, resulting from:
• The use or inability to use the company properties.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party on the company properties.
• Any other matter related to the company properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.
ARTICLE 10: TERMINATION
The Terms shall be effective from the day when you register with us and shall remain in full force and effect while you use the Company Properties, unless terminated earlier in accordance with the Terms.
If you do not have a subscription with us, we may suspend, modify, or terminate any of the services. Whereas, if you want to terminate the Services provided by the Company, you may do so by:
• Notifying the Company at any time and,
• Closing your Account for all of the Services that you use. Your notice should be sent,
in writing, at, “hello@innerjourneyapp.com”.
Once the termination of service has taken place as provided above, all of your data, passwords, and other related information shall be deleted. However, the Company shall not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
ARTICLE 11: THIRD PARTY SITES/LINKS
Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third parties. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by us. You shall access and use such third-party sites, including the content, items, or services on those sites, solely at your own risk. We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.
If there is a dispute between you and any such third party, you understand and agree that we shall be under no obligation to become involved. In the event that you have a dispute with any such third party, you hereby release AffirmedYou its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the services.
ARTICLE 12: DISPUTE RESOLUTION
In case of any dispute with us, you are requested to contact us first, to address your concerns without resorting to legal proceedings. We will try to solve it internally as soon as possible. You also agree to negotiate the matter with us and shall keep all the discussions confidential. In case the dispute is not resolved internally with discussion and you want to raise a legal claim against us then you are required to send us notice of claim prior to the commencement of legal action. However, you agree that all the disputes regarding these terms and conditions shall be resolved according to the Governing Laws of the United States of America and the state of California of the United States of America and venue is to lie exclusively in the courts for civil matters.
ARTICLE 13: VIOLATIONS
If at any time, the Company becomes aware of any possible violations by you of the Terms, the Company reserves the right to investigate such violations. If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Company Properties, including Your Content, in the Company’s possession in connection with your use of the Company Properties, to:
i. Comply with applicable laws, legal process, or governmental requests.
ii. Enforce the Terms,
iii. Respond to any claims that Your Content violates the rights of third parties,
iv. Respond to your requests for customer service, or
v. Protect the rights, property or personal safety of the Company, its Users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.
In the event that the Company determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Company Properties, the Company reserves the right to:
• Warn you via e-mail (to any e-mail address you have provided to the Company) that
you have violated the Terms.
• Delete any of Your Content.
• Discontinue your registration(s) with any of the Company Properties.
• Discontinue your subscription to any Services.
• Notify and/or send Content to and/or fully cooperate with the proper law enforcement
authorities for further action; and/or
• Pursue any other action which the Company deems to be appropriate.
ARTICLE 14: MISCELLANEOUS
14.1 Performance by AffirmedYou LLC under this agreement is excused during the period such performance is prevented or delayed by the government restrictions (whether with or without jurisdiction), war or warlike activity, insurrection or civil disorder, or any other cause similar or dissimilar to the foregoing that are beyond the control of the parties and not enforceable at the time the agreement is executed.
14.2 It is hereby agreed that we may at our sole discretion, amend, alter, change, any of the provisions of these terms and conditions and such modifications shall be adhered to and have the same effect as if they had been originally embodied in and formed a part of these terms and conditions.
14.3 Any captions or headings used in these terms and conditions are solely for the convenience of the parties hereto, are not part of these terms and conditions, and are not to be used for the interpretation or determination of validity hereof.
14.4 If any particular term of these terms and conditions is determined to be invalid, the invalidity and enforceability would not affect the remaining provisions, which will nevertheless remain in full force and effect.
14.5 We may modify any of the terms of these terms and conditions at its sole discretion, any time with or without notice to you.
14.6 Nothing in this agreement is intended or deemed to create a partnership or joint venture between the parties.
14.7 You are not allowed to assign or transfer any right or obligation to any third party without the written consent of us; however, you understand that we may assign or transfer some, all or any of our rights and duties with or without notice to you.
14.8 Our website may, from time to time, contain links to other sites whose privacy practices may be different from ours. In case you submit personal information to any of those sites, your information is governed by their privacy policies and we shall not be held liable for any loss of data or personal information thereof. We request you to carefully read the privacy policy of any other website you visit.
14.9 You agree that these terms and conditions are to be interpreted and governed according to the Laws of the United States of America and the state of California of the United States of America. You acknowledge and agree that all the disputes arising between us regarding these terms and conditions shall be resolved according to the Governing Laws of the United States of America and venue is to lie exclusively in the courts for civil matters.
14.10 If you have queries, problems, or any feedback you are encouraged to contact us at, “hello@innerjourneyapp.com”. We will try to resolve any complaint within seven (7) business days from the date we receive the complaint.
END USER LICENSE AGREEMENT
Inner Journey: Mental Clarity App End User License Agreement
This End User License Agreement (“Agreement”) is between you and AffirmedYou LLC, developers of Inner Journey: Mental Clarity App, hereby referred to as “Inner Journey” or “Inner Journey: Mental Clarity App” or “Inner Journey: Mental Clarity App by AffirmedYou LLC” throughout this document. This Agreement governs your use of Inner Journey: Mental Clarity App made available through the Apple App Store. By installing the Inner Journey: Mental Clarity App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Inner Journey: Mental Clarity App. In order to ensure Inner Journey: Mental Clarity App provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.
1. Parties
This Agreement is between you and Inner Journey only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Inner Journey: Mental Clarity App, not Apple, is solely responsible for the Inner Journey: Mental Clarity App and its content.
2. Privacy
In order to operate and provide the Subscription Service, Inner Journey: Mental Clarity App may collect certain information about you, including technical and telemetry data related to your use of the App. We use third party service providers to help us collect and analyze this data, including Google Analytics. Inner Journey App uses and protects that information in accordance with the Inner Journey: Mental Clarity App Privacy Notice (a current version of which can be found at www.innerjourneyapp.com.
3. Grant of Limited License
Provided that you have complied with, and that you continue to comply with, all of the provisions of this Agreement, Inner Journey hereby grants to you a limited and non-exclusive right to install, run, access and use the Application in object code form only for the purposes described in this Agreement or otherwise as may be instructed or described by Inner Journey in writing.
4. License Restrictions
You shall not:
a. copy the Application, except as expressly permitted by this license;
b. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
c. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
d. remove, delete, alter or obscure any trademarks or any copyright trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
e. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason.
5. Age Restriction
By using the Inner Journey: Mental Clarity App, you represent and warrant that:
a. you are 18 years of age or older and you agree to be bound by this Agreement;
b. if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian; and
c. your use of the Inner Journey: Mental Clarity App does not violate any applicable law or regulation. Your access to the Inner Journey: Mental Clarity App may be terminated without warning if Inner Journey: Mental Clarity App believes, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Inner Journey: Mental Clarity App, you agree to be bound by this Agreement in respect to your child's use of the Inner Journey: Mental Clarity App.
6. User Content
The Inner Journey: Mental Clarity App may enable you to upload, post and transmit photos and videos to the Services (including to your user photo galleries or groups through the Services) and also provide you with access to discussion forums and other interactive areas in which you or other users may post or transmit photos, videos, text, messages, information or other content or materials (collectively, the “User Content”). You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. Inner Journey: Mental Clarity App does not claim any ownership, right, title or interest in and to your User Content. Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you grant Inner Journey: Mental Clarity App a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable Inner Journey: Mental Clarity App to provide the Services, including to display the User Content on the Services. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. From time to time, Inner Journey may limit the amount of User Content, including your photographs, stored via the Site. Inner Journey has the right, at any time, to remove your User Content stored on the Site in excess of such limits. Further, if Inner Journey: Mental Clarity App were to terminate an account on the Site for any reason, all User Content associated with such an account would be removed. While Inner Journey: Mental Clarity App will use reasonable efforts to notify you of such removal, whether by notice in the account or by email to the email you have specified in your account, it is your responsibility to download any User Content which you wish to save and make backup copies of all User Content to prevent the loss thereof.
7. Acceptable Use Policy
Inner Journey: Mental Clarity App represents a global community with diverse people, and everyone has the right to feel comfortable while using this service. So, we urge you to be polite and respectful in your interactions with other members. Inner Journey: Mental Clarity App will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but it is not limited to: a. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system; b. sexually explicit materials; c. obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; d. content that is intended to harass, abuse, spam, impersonate, or intimidate others; e. content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; f. content that promotes self-harm or the encouragement of others to do things that might cause them to get hurt; g. spam content which includes, but is not limited to, excessive favoriting, excessive commenting, deceptive tagging, deceptive photo titles and descriptions, or resource abuse; and h. content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms. If you become aware of any violation of this Policy, you will immediately notify us via hello@innerjourneyapp.com and provide us with necessary assistance, as requested, to stop or remedy the violation.
8. Subscription Plan, Cancellation, and Auto Renewal
Inner Journey: Mental Clarity App is composed of both FREE and PREMIUM content and features. The free content and features are available to you whether you are on a paid subscriber or not. Below are the two subscription plans available on Inner Journey: Mental Clarity App:
a. 4.99 USD monthly subscription fee for all premium features. After a 7-day free trial of premium features, the automatic subscription starts. Even with cancellation of the monthly subscription, all free content and features remain.
b. 29.99 USD annual subscription fee for all premium features. After a 7-day free trial of premium features, the automatic subscription starts. Even with cancellation of the annual subscription, all free content and features remain.
There is no long term commitment attached to our monthly subscription services; you can cancel your subscription any time by emailing hello@innerjourneyapp.com stating your subscription plan, email address and full name. We will renew your subscription monthly or annually depending on our original agreement with you, based on the preferences you submitted. If you choose to purchase a monthly or annual subscription up front (Pre-pay), unless agreed otherwise, your contract will be renewed automatically on a monthly or annual basis following the initial period.
9. Changes to the Price and Subscription Plans.
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
10. Warranty Inner Journey: Mental Clarity App disclaims all warranties about the Inner Journey: Mental Clarity App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Inner Journey: Mental Clarity App, not Apple, shall be solely responsible for such warranty.
11. Maintenance and Support
Inner Journey: Mental Clarity App may deploy changes, updates, or enhancements to the app at any time. Inner Journey: Mental Clarity App may provide maintenance and support for the app, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that Apple (for iOS Mobile App) has no obligation to furnish any maintenance or support services in connection with Inner Journey: Mental Clarity App.
12. Product Claims
Inner Journey: Mental Clarity App by AffirmedYou LLC, not Apple, is responsible for addressing any claims by you relating to the Inner Journey: Mental Clarity App or use of it, including, but not limited to: a. any product liability claim; b. any claim that Inner Journey: Mental Clarity App fails to conform to any applicable legal or regulatory requirement; and c. any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
13. Legal Compliance
You represent and warrant that a. you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and b. you are not listed in any United States government list of restricted or prohibited parties.
14. Intellectual Property Rights
You acknowledge that all intellectual property rights in Inner Journey: Mental Clarity App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in Inner Journey: Mental Clarity App are licensed (not sold) to you, and that you have no rights in, or to, Inner Journey: Mental Clarity App, the documents or the technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the Inner Journey: Mental Clarity App in source-code form.
15. Third Party Intellectual Property Claims
Inner Journey: Mental Clarity App shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the Inner Journey: Mental Clarity App. To the extent Inner Journey: Mental Clarity App is required to provide indemnification by applicable law, Inner Journey: Mental Clarity App, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Inner Journey: Mental Clarity App or your use of it infringes any third-party intellectual property right.
16. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA in whole or in part, due to force majeure such as fire, flood, hurricane, earthquake, war, and any other unforeseen or uncontrollable event beyond our reasonable control, including failure of public or private telecommunications networks. If an event outside our control occurs that affects the performance of our obligations under this EULA: a. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control; and b. We will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the event outside our control.
17. Limitation of liability
In no event will Inner Journey: Mental Clarity App or its directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise, arising out of or in any way connected with the use of or inability to use or view the site, the services, the products, the user content or the Inner Journey materials contained in or accessed through the services, including any damages caused by or resulting from your reliance on any information obtained from Inner Journey: Mental Clarity App, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Inner Journey: Mental Clarity App’s records, programs or services. In no event will the aggregate liability of Inner Journey: Mental Clarity App, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site, the services, the products, the user content or the Inner Journey: Mental Clarity App materials, exceed compensation you pay, if any, to Inner Journey: Mental Clarity App for access to or use of the site or the services or for the purchase of products.
18. Indemnity
You agree to defend, indemnify and hold harmless Inner Journey and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Services, your use of or inability to use the Services, the User Content, or theInner Journey Materials or the Products, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
19. Modifications to Application
Inner Journey 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.
20. Term and Termination
This Agreement shall remain in effect until terminated by you or Inner Journey: Mental Clarity App. We may add or remove features, products, or functionalities, and we may also suspend or stop the Services, with or without notice. We aspire that you will always continue to share good vibes through the use of our Services, but you may choose to terminate your relationship with Inner Journey: Mental Clarity App at any time. If you are using our free Services, you may terminate your relationship with Inner Journey by simply ceasing to use the Services or deleting the App. Where permissible under applicable law, Inner Journey has the right to terminate your rights under our Services without notice, including, without limitation, by blocking you, suspending or terminating your Account, including, and without derogating from our general right, if you are in breach of our Terms or other policies (including our Acceptable Use Policy) or if we decide not to provide the Services or any part thereof in certain locations or to certain devices. Inner Journey: Mental Clarity App reserves the right to modify or discontinue, temporarily or permanently, all or any part of its Services or any software, facilities, and services on its services, with or without notice or to establish general guidelines and limitations on their use.
21. 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.
22. Amendments to this Agreement
Inner Journey: Mental Clarity App reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will notify you prior to taking effect. What constitutes a material change will be determined at our sole discretion.
23. Governing Law
This Agreement is governed by and constructed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in El Paso County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. Questions or Comments
Inner Journey is committed to keeping our users happy and satisfied with their use of the App. If you have any questions, concerns, complaints or comments in any way related to this Agreement, please contact us at hello@innerjourneyapp.com. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at: AffirmedYou LLC 7356 Skyrocket Drive, El Paso, TX 79911, hello@innerjourneyapp.com.
Welcome to Inner Journey: Mental Clarity App!
This app is the property of AffirmedYou LLC (“company” or “we”) which operates the Inner Journey: Mental Clarity Application (“application”), related websites of the company, its affiliates or agents with links to this terms of use (collectively, the “website”) and any related services and resources available or enabled via the website or application (each a “service” and collectively, the “services”). Please read these terms and conditions (the “terms and conditions”) carefully. By accessing or using this website, services, or application, completing the registration process, and/or browsing the website, or downloading the application, you represent that:
i) You have read and understood these terms and conditions and you agree by each and every provision therein.
ii) You have attained age of majority or legal age to enter into a contractual obligation with us.
iii) You are authorized to enter into the legally binding agreement personally or on behalf of the company you have named as the user, and to bind that company to these terms and conditions.
Throughout the site, the terms “we”, “us” refer to AffirmedYou LLC, its website and app whereas, “you”, “your” “client” refers to the individual users of our website or/and app and collectively called as parties. The word “agreement” used hereunder refers to these terms and conditions. Moreover, the words denoting the gender in these terms and conditions include the masculine, feminine and neuter whereas, references in these terms and conditions to the singular words include plural and vice versa.
If you do not agree to all or any of the provision of these terms and conditions, then you should not access the website/app or use our services. Moreover, if you do not agree with our terms and conditions and privacy policy, you should exit the website immediately and should not register as a member. If these terms and conditions of service are considered an offer, acceptance is expressly limited to these terms and conditions.
ARTICLE 1: ABOUT US
Inner Journey: Mental Clarity is an application that is designed to help all people obtain clearer and healthier minds through positive daily habits. It provides science-backed tools for mental fitness that are easy to integrate into one’s daily routine. It aims to have a positive impact on people’s mental and physical well-being.
The Inner Journey: Mental Clarity App is designed to help you relieve stress and anxiety, find more calm and performance, develop self-awareness and resilience, and boost learning, growth and overall well-being.
ARTICLE 2: REGISTRATION
2.1 To use or access certain features of the properties of the Company, you are required to register with us. For the purpose of these terms and conditions a “register user” means a user who has registered an account with Inner Journey on the website or app (‘account”).
In order to register with us you agree to:
i. Provide us correct and updated information about yourself.
ii. Maintain and update your information from time to time.
iii. You have attained legal age to enter into a contractual obligation with us.
iv. You are responsible for all the activities taking place on your account.
v. You shall monitor your account strictly to restrict use by minors. You accept full responsibility for any unauthorized use of the company properties by minors on your account.
vi. You understand and agree that you shall not share your account or password with anyone. In case of unauthorized use of your account, you agree to inform us immediately of such and authorized use of your account or any security breach.
vii. You agree that you shall exit from the account at the end of each session.
viii. You agree that if at any time, you give us any inaccurate information about yourself that is either not true or incorrect, the company has authority and reasonable grounds to suspend or terminate your account and reuse your access or use of its properties or any portion thereof.
ix. You agree not to create an account with a false identity or information or on behalf of
someone other than yourself.
x. You agree that you shall have only one account at any given time.
xi. The Company shall have the right to remove or reclaim any users at any time, for any reason including but not limited to, claims by a third party that a user violates the third- party’ rights.
xii. You agree not to create an account or use the company properties if you have been previously suspended by the company, or if you have been previously banned from any of the company properties.
xiii. You shall provide all equipment and software necessary to connect to the company properties, including but not limited to, a mobile device to connect and use the company properties, in cases where the services offer a mobile component.
xiv. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the company properties.
ARTICLE 3: SUBSCRIPTIONS
3.1 The purpose of these terms and conditions is to provide you secure access to the services. All fees set forth and paid by you shall be considered solely in furtherance of this purpose. In no way are these fees considered payment for the sale, license, or use of the company’s software, and, furthermore, any use of the company’s software by you in furtherance of the terms will be considered merely in support of the purpose of the terms.
3.2 You agree to pay us all the fees and charges on your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Currently, all payments are made via application. If at any time, we offer alternative methods of payment, you may be required to provide the company with a valid credit card (visa, Mastercard, or any other issuer accepted by us) or PayPal account (“payment provider”). Your payment provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not these terms to determine your duties and obligations. By providing the company with your credit card number or PayPal account and associated payment information, you authorize the Company to immediately invoice your account for the due fees and charges. You agree that we need no further consent or notice from you in this regard. You shall immediately notify us in case you change your billing address or the credit card or PayPal account used for payment hereunder. The Company shall have the right to modify its prices and billing methods. In such a case, the Company shall notify you with the change in the prices.
3.3 You agree that you shall be solely responsible for payment of the application fee for any services (each a “service subscription”) at the time you upgrade to a premium subscription (each, a “service commencement date”). Except as provided under these terms and conditions, all fees for the services are non-refundable. You agree that no contract exists between you and the company for the services until the company accepts your order by a confirmatory e-mail or other appropriate means of communication.
3.4 You agree that fees charged by the Company are net of any applicable sales tax. If any services or payment is subjected to sales tax in any jurisdiction and you have not paid the applicable sales tax to the Company, you shall solely be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority. The company has no obligation or responsibility in this regard. You agree to indemnify the company for any liability or expenses arising in connection with such sales taxes. You shall provide us the official receipts issued by the appropriate taxing authority or other such evidence that you have paid all the applicable taxes. Whereas, the “sales tax” means any sales or use tax and any other tax measured by sales proceeds that the company is permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not impose a sales or use tax unless otherwise provided.
3.5 You agree and undertake to pay us all the fees of any withholding taxes. Any such tax imposed on payments of fees shall be your sole responsibility and you shall provide the Company with official receipts issued by the appropriate taxing authority or such other evidence as we may reasonably request to establish that such taxes have been paid.
3.6 You agree and acknowledge that, your subscription shall continue indefinitely until terminated in accordance with these terms and conditions. After your initial subscription period, and again after any subsequent subscription period, your subscription shall automatically commence on the first day following the end of such period (each a “renewal commencement date”) and continue for an additional equivalent period, at the company’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the renewal commencement date by logging into the account settings of the app store used for your purchase. If you wish your account not to renew automatically, or if you want to change or terminate your subscription, please log in and go to the account settings of the app. In the case that you cancel your subscription, you may use your subscription until the end of your then- current subscription term; your subscription will not be renewed after your then-current term expires. However, you agree that we shall not refund you any prorated portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the company to charge your payment provider now, and again at the beginning of any subsequent subscription period.
3.7 Any free trial or other promotion provided by us at any time to the registered user level access to the services must be used within the specified time of the trial. At the end of the trial period, your use of that service will expire, and any further use of the service is not allowed unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact the company to have the charges reversed.
3.8 We may run promotional offers from time to time on the website. The terms of any such promotion will be posted on the website. Unless otherwise provided, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
ARTICLE 4: APPLICATION LICENSE AND RESTRICTIONS
Subject to these terms and conditions, the company gives you a limited nonexclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the application. Whereas, the rights given to you by us in the terms are subject to the following restrictions:
a) You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the company properties or any portion of the company properties, including the website.
b) You shall not frame or utilize framing techniques to enclose any trademark, logo, or other company properties (including images, text, page layout or form) of the company.
c) You shall not use any metatags or other “hidden text” using the company’s name or trademarks.
d) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the company properties except to the extent the foregoing restrictions are expressly prohibited by applicable law.
e) You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
f) Access the company properties in order to build a similar or competitive website, application, or service. Except as expressly stated herein, no part of the company properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the company properties. Any future release, update or other addition to the company properties shall be subject to these terms. The company, its suppliers and service providers reserve all rights not granted in these terms. Any unauthorized use of the company properties terminates the licenses granted by the company pursuant to the terms.
ARTICLE 5: CONTENT AND LIABILITY
5.1 You understand that all the content and the company’s properties, is the sole responsibility of the party from whom such content originated. This means that you are responsible for all the content that you post, upload, email, transmit, or otherwise make available through us and therefore, we shall not be held liable. You understand and agree that we have no liability to prescreen any of the content made available through us on our website and we shall not be held liable for any content posted or made available by us. However, you understand that you have the right to prescreen content and to refuse or remove any content. You also understand and agree that you have no exception of privacy concerning the transmission of your content which may include chat, text, voice communication.
5.2 In case that the company pre-screens, refuses or removes any content, you agree that the company shall be doing it solely for its benefit, not yours. Without limiting the aforementioned, the company shall have the right to remove any content that violates its terms or seems objectionable to it.
5.3 Unless provided otherwise, we have no liability or obligation to store or make available any of your content. The company has no duty for the deletion or accuracy of any content, including your content; the failure to store, transmit or receive transmission of content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the company properties.
ARTICLE 6: INTERACTION WITH OTHER USERS
You agree that you are solely responsible for your interactions with other users of the services and any other parties with whom you interact through us; provided, however, that the company has the right, but has no obligation, to intercede in such disputes. You agree that the company shall not be responsible to you or any third party for any liability incurred as the result of such interactions.
The company properties may contain user content provided by other users. We are not responsible for and do not control user content. You understand that we have no liability to monitor or review or make representations with respect to user content. You interact with other users and parties at your own risk.
ARTICLE 7: COMMUNICATION
You allow us to communicate with you via your registered e-mail, telephone or messages/notifications within your account. Any communication from you to us shall be considered as effective from the date and time of reception by us. It is your sole duty to make sure that you have read all and any communication we may transfer you from time to time through any communication channel. If you change any of your contact information you are requested to update us with your recent information. Whereas, all the communication shall be made to you by us in the English language. Any communication made otherwise shall only be for the purpose of convenience and shall not be legally binding. Only the English version of such communication shall be binding. It is your responsibility to keep the information and communication made between us confidential and not to share with any third party and you understand that we shall not be held liable for loss of any such confidential information.
ARTICLE 8: WARRANTIES
You understand that you use the company’s properties and its services at your own risk and you understand that all the properties made available to you are provided on an “as is” and “as available” basis, with all faults. We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, without limitation, the implied warranties or conditions of merchantability, fitness for a particular purpose and non- infringement.
The company make no warranty, representation, or condition that:
• The company properties will fulfill your requirements.
• Your use of the company properties will be uninterrupted, timely, secure, or error-free.
• The results that may be obtained from use of the company properties will be accurate or reliable.
Any content downloaded from or otherwise retrieved through the company properties is retrieved at your own risk, and only you shall be responsible for any harm to your property or person, including, without limitation, your computer system and any device you use to retrieve the company properties, or any other damage that results from retrieving such content. You agree and understand that our services may be subject to delays, cancellations, and other disruptions. Company makes no warranty or condition with respect to services, including but not limited to, the quality, effectiveness, reputation, and other characteristics of services. No advice or information, whether oral or written, obtained from or through the company properties will create any warranty not expressly made herein.
ARTICLE 9: LIABILITY
You understand and agree that we shall not be liable to you for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the company properties, including, but not limited to, any damages resulting from loss of use, data, or profits, whether or not company has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of the company properties, on any theory of liability, resulting from:
• The use or inability to use the company properties.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party on the company properties.
• Any other matter related to the company properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.
ARTICLE 10: TERMINATION
The Terms shall be effective from the day when you register with us and shall remain in full force and effect while you use the Company Properties, unless terminated earlier in accordance with the Terms.
If you do not have a subscription with us, we may suspend, modify, or terminate any of the services. Whereas, if you want to terminate the Services provided by the Company, you may do so by:
• Notifying the Company at any time and,
• Closing your Account for all of the Services that you use. Your notice should be sent,
in writing, at, “hello@innerjourneyapp.com”.
Once the termination of service has taken place as provided above, all of your data, passwords, and other related information shall be deleted. However, the Company shall not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
ARTICLE 11: THIRD PARTY SITES/LINKS
Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third parties. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by us. You shall access and use such third-party sites, including the content, items, or services on those sites, solely at your own risk. We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.
If there is a dispute between you and any such third party, you understand and agree that we shall be under no obligation to become involved. In the event that you have a dispute with any such third party, you hereby release AffirmedYou its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the services.
ARTICLE 12: DISPUTE RESOLUTION
In case of any dispute with us, you are requested to contact us first, to address your concerns without resorting to legal proceedings. We will try to solve it internally as soon as possible. You also agree to negotiate the matter with us and shall keep all the discussions confidential. In case the dispute is not resolved internally with discussion and you want to raise a legal claim against us then you are required to send us notice of claim prior to the commencement of legal action. However, you agree that all the disputes regarding these terms and conditions shall be resolved according to the Governing Laws of the United States of America and the state of California of the United States of America and venue is to lie exclusively in the courts for civil matters.
ARTICLE 13: VIOLATIONS
If at any time, the Company becomes aware of any possible violations by you of the Terms, the Company reserves the right to investigate such violations. If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Company Properties, including Your Content, in the Company’s possession in connection with your use of the Company Properties, to:
i. Comply with applicable laws, legal process, or governmental requests.
ii. Enforce the Terms,
iii. Respond to any claims that Your Content violates the rights of third parties,
iv. Respond to your requests for customer service, or
v. Protect the rights, property or personal safety of the Company, its Users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.
In the event that the Company determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Company Properties, the Company reserves the right to:
• Warn you via e-mail (to any e-mail address you have provided to the Company) that
you have violated the Terms.
• Delete any of Your Content.
• Discontinue your registration(s) with any of the Company Properties.
• Discontinue your subscription to any Services.
• Notify and/or send Content to and/or fully cooperate with the proper law enforcement
authorities for further action; and/or
• Pursue any other action which the Company deems to be appropriate.
ARTICLE 14: MISCELLANEOUS
14.1 Performance by AffirmedYou LLC under this agreement is excused during the period such performance is prevented or delayed by the government restrictions (whether with or without jurisdiction), war or warlike activity, insurrection or civil disorder, or any other cause similar or dissimilar to the foregoing that are beyond the control of the parties and not enforceable at the time the agreement is executed.
14.2 It is hereby agreed that we may at our sole discretion, amend, alter, change, any of the provisions of these terms and conditions and such modifications shall be adhered to and have the same effect as if they had been originally embodied in and formed a part of these terms and conditions.
14.3 Any captions or headings used in these terms and conditions are solely for the convenience of the parties hereto, are not part of these terms and conditions, and are not to be used for the interpretation or determination of validity hereof.
14.4 If any particular term of these terms and conditions is determined to be invalid, the invalidity and enforceability would not affect the remaining provisions, which will nevertheless remain in full force and effect.
14.5 We may modify any of the terms of these terms and conditions at its sole discretion, any time with or without notice to you.
14.6 Nothing in this agreement is intended or deemed to create a partnership or joint venture between the parties.
14.7 You are not allowed to assign or transfer any right or obligation to any third party without the written consent of us; however, you understand that we may assign or transfer some, all or any of our rights and duties with or without notice to you.
14.8 Our website may, from time to time, contain links to other sites whose privacy practices may be different from ours. In case you submit personal information to any of those sites, your information is governed by their privacy policies and we shall not be held liable for any loss of data or personal information thereof. We request you to carefully read the privacy policy of any other website you visit.
14.9 You agree that these terms and conditions are to be interpreted and governed according to the Laws of the United States of America and the state of California of the United States of America. You acknowledge and agree that all the disputes arising between us regarding these terms and conditions shall be resolved according to the Governing Laws of the United States of America and venue is to lie exclusively in the courts for civil matters.
14.10 If you have queries, problems, or any feedback you are encouraged to contact us at, “hello@innerjourneyapp.com”. We will try to resolve any complaint within seven (7) business days from the date we receive the complaint.
END USER LICENSE AGREEMENT
Inner Journey: Mental Clarity App End User License Agreement
This End User License Agreement (“Agreement”) is between you and AffirmedYou LLC, developers of Inner Journey: Mental Clarity App, hereby referred to as “Inner Journey” or “Inner Journey: Mental Clarity App” or “Inner Journey: Mental Clarity App by AffirmedYou LLC” throughout this document. This Agreement governs your use of Inner Journey: Mental Clarity App made available through the Apple App Store. By installing the Inner Journey: Mental Clarity App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Inner Journey: Mental Clarity App. In order to ensure Inner Journey: Mental Clarity App provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.
1. Parties
This Agreement is between you and Inner Journey only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Inner Journey: Mental Clarity App, not Apple, is solely responsible for the Inner Journey: Mental Clarity App and its content.
2. Privacy
In order to operate and provide the Subscription Service, Inner Journey: Mental Clarity App may collect certain information about you, including technical and telemetry data related to your use of the App. We use third party service providers to help us collect and analyze this data, including Google Analytics. Inner Journey App uses and protects that information in accordance with the Inner Journey: Mental Clarity App Privacy Notice (a current version of which can be found at www.innerjourneyapp.com.
3. Grant of Limited License
Provided that you have complied with, and that you continue to comply with, all of the provisions of this Agreement, Inner Journey hereby grants to you a limited and non-exclusive right to install, run, access and use the Application in object code form only for the purposes described in this Agreement or otherwise as may be instructed or described by Inner Journey in writing.
4. License Restrictions
You shall not:
a. copy the Application, except as expressly permitted by this license;
b. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
c. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
d. remove, delete, alter or obscure any trademarks or any copyright trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
e. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason.
5. Age Restriction
By using the Inner Journey: Mental Clarity App, you represent and warrant that:
a. you are 18 years of age or older and you agree to be bound by this Agreement;
b. if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian; and
c. your use of the Inner Journey: Mental Clarity App does not violate any applicable law or regulation. Your access to the Inner Journey: Mental Clarity App may be terminated without warning if Inner Journey: Mental Clarity App believes, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Inner Journey: Mental Clarity App, you agree to be bound by this Agreement in respect to your child's use of the Inner Journey: Mental Clarity App.
6. User Content
The Inner Journey: Mental Clarity App may enable you to upload, post and transmit photos and videos to the Services (including to your user photo galleries or groups through the Services) and also provide you with access to discussion forums and other interactive areas in which you or other users may post or transmit photos, videos, text, messages, information or other content or materials (collectively, the “User Content”). You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. Inner Journey: Mental Clarity App does not claim any ownership, right, title or interest in and to your User Content. Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you grant Inner Journey: Mental Clarity App a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable Inner Journey: Mental Clarity App to provide the Services, including to display the User Content on the Services. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. From time to time, Inner Journey may limit the amount of User Content, including your photographs, stored via the Site. Inner Journey has the right, at any time, to remove your User Content stored on the Site in excess of such limits. Further, if Inner Journey: Mental Clarity App were to terminate an account on the Site for any reason, all User Content associated with such an account would be removed. While Inner Journey: Mental Clarity App will use reasonable efforts to notify you of such removal, whether by notice in the account or by email to the email you have specified in your account, it is your responsibility to download any User Content which you wish to save and make backup copies of all User Content to prevent the loss thereof.
7. Acceptable Use Policy
Inner Journey: Mental Clarity App represents a global community with diverse people, and everyone has the right to feel comfortable while using this service. So, we urge you to be polite and respectful in your interactions with other members. Inner Journey: Mental Clarity App will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but it is not limited to: a. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system; b. sexually explicit materials; c. obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; d. content that is intended to harass, abuse, spam, impersonate, or intimidate others; e. content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; f. content that promotes self-harm or the encouragement of others to do things that might cause them to get hurt; g. spam content which includes, but is not limited to, excessive favoriting, excessive commenting, deceptive tagging, deceptive photo titles and descriptions, or resource abuse; and h. content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms. If you become aware of any violation of this Policy, you will immediately notify us via hello@innerjourneyapp.com and provide us with necessary assistance, as requested, to stop or remedy the violation.
8. Subscription Plan, Cancellation, and Auto Renewal
Inner Journey: Mental Clarity App is composed of both FREE and PREMIUM content and features. The free content and features are available to you whether you are on a paid subscriber or not. Below are the two subscription plans available on Inner Journey: Mental Clarity App:
a. 4.99 USD monthly subscription fee for all premium features. After a 7-day free trial of premium features, the automatic subscription starts. Even with cancellation of the monthly subscription, all free content and features remain.
b. 29.99 USD annual subscription fee for all premium features. After a 7-day free trial of premium features, the automatic subscription starts. Even with cancellation of the annual subscription, all free content and features remain.
There is no long term commitment attached to our monthly subscription services; you can cancel your subscription any time by emailing hello@innerjourneyapp.com stating your subscription plan, email address and full name. We will renew your subscription monthly or annually depending on our original agreement with you, based on the preferences you submitted. If you choose to purchase a monthly or annual subscription up front (Pre-pay), unless agreed otherwise, your contract will be renewed automatically on a monthly or annual basis following the initial period.
9. Changes to the Price and Subscription Plans.
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
10. Warranty Inner Journey: Mental Clarity App disclaims all warranties about the Inner Journey: Mental Clarity App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Inner Journey: Mental Clarity App, not Apple, shall be solely responsible for such warranty.
11. Maintenance and Support
Inner Journey: Mental Clarity App may deploy changes, updates, or enhancements to the app at any time. Inner Journey: Mental Clarity App may provide maintenance and support for the app, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that Apple (for iOS Mobile App) has no obligation to furnish any maintenance or support services in connection with Inner Journey: Mental Clarity App.
12. Product Claims
Inner Journey: Mental Clarity App by AffirmedYou LLC, not Apple, is responsible for addressing any claims by you relating to the Inner Journey: Mental Clarity App or use of it, including, but not limited to: a. any product liability claim; b. any claim that Inner Journey: Mental Clarity App fails to conform to any applicable legal or regulatory requirement; and c. any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
13. Legal Compliance
You represent and warrant that a. you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and b. you are not listed in any United States government list of restricted or prohibited parties.
14. Intellectual Property Rights
You acknowledge that all intellectual property rights in Inner Journey: Mental Clarity App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in Inner Journey: Mental Clarity App are licensed (not sold) to you, and that you have no rights in, or to, Inner Journey: Mental Clarity App, the documents or the technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the Inner Journey: Mental Clarity App in source-code form.
15. Third Party Intellectual Property Claims
Inner Journey: Mental Clarity App shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the Inner Journey: Mental Clarity App. To the extent Inner Journey: Mental Clarity App is required to provide indemnification by applicable law, Inner Journey: Mental Clarity App, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Inner Journey: Mental Clarity App or your use of it infringes any third-party intellectual property right.
16. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA in whole or in part, due to force majeure such as fire, flood, hurricane, earthquake, war, and any other unforeseen or uncontrollable event beyond our reasonable control, including failure of public or private telecommunications networks. If an event outside our control occurs that affects the performance of our obligations under this EULA: a. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control; and b. We will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the event outside our control.
17. Limitation of liability
In no event will Inner Journey: Mental Clarity App or its directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise, arising out of or in any way connected with the use of or inability to use or view the site, the services, the products, the user content or the Inner Journey materials contained in or accessed through the services, including any damages caused by or resulting from your reliance on any information obtained from Inner Journey: Mental Clarity App, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Inner Journey: Mental Clarity App’s records, programs or services. In no event will the aggregate liability of Inner Journey: Mental Clarity App, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site, the services, the products, the user content or the Inner Journey: Mental Clarity App materials, exceed compensation you pay, if any, to Inner Journey: Mental Clarity App for access to or use of the site or the services or for the purchase of products.
18. Indemnity
You agree to defend, indemnify and hold harmless Inner Journey and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Services, your use of or inability to use the Services, the User Content, or theInner Journey Materials or the Products, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
19. Modifications to Application
Inner Journey 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.
20. Term and Termination
This Agreement shall remain in effect until terminated by you or Inner Journey: Mental Clarity App. We may add or remove features, products, or functionalities, and we may also suspend or stop the Services, with or without notice. We aspire that you will always continue to share good vibes through the use of our Services, but you may choose to terminate your relationship with Inner Journey: Mental Clarity App at any time. If you are using our free Services, you may terminate your relationship with Inner Journey by simply ceasing to use the Services or deleting the App. Where permissible under applicable law, Inner Journey has the right to terminate your rights under our Services without notice, including, without limitation, by blocking you, suspending or terminating your Account, including, and without derogating from our general right, if you are in breach of our Terms or other policies (including our Acceptable Use Policy) or if we decide not to provide the Services or any part thereof in certain locations or to certain devices. Inner Journey: Mental Clarity App reserves the right to modify or discontinue, temporarily or permanently, all or any part of its Services or any software, facilities, and services on its services, with or without notice or to establish general guidelines and limitations on their use.
21. 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.
22. Amendments to this Agreement
Inner Journey: Mental Clarity App reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will notify you prior to taking effect. What constitutes a material change will be determined at our sole discretion.
23. Governing Law
This Agreement is governed by and constructed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in El Paso County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. Questions or Comments
Inner Journey is committed to keeping our users happy and satisfied with their use of the App. If you have any questions, concerns, complaints or comments in any way related to this Agreement, please contact us at hello@innerjourneyapp.com. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at: AffirmedYou LLC 7356 Skyrocket Drive, El Paso, TX 79911, hello@innerjourneyapp.com.
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