Mindful Slumber: Terms of Service

1. General

The Mindful Slumber websites, mobile applications (“apps”), and any other provided services (together with the websites and apps, the “service”) are governed by these terms of use; by accessing or using any part of the service you agree to be bound by these terms of service. If you do not agree to all the Terms, you must not access or use the Service.

2. Content

Except for user-content (as defined below) all content provided through the Mindful Slumber website, mobile app, or other platforms operated by Mindful Slumber, are owned by us or licensed to us by a third party, you acknowledge and accept that we retain all intellectual property rights to this content. You acknowledge and accept that you are expressly prohibited from using our content except where we grant you a limited license to use this content in connection with the services we provide to you. You are granted no right or commercial license concerning any of our content. You are expressly prohibited from exporting any of our owned content, or intellectual property.

Subject to your compliance with these terms, we grant you a personal, non-commercial, non-transferable, non-sublicensable worldwide non-exclusive license to use our content for the sole purpose of using our services for your own personal, non-commercial use.

3. User-Content

Any information, data, text, audio recordings, graphics, video, messages, or other such material that you post through various social functions of the Mindful Slumber website or mobile app is considered to be your user content. You warrant and represent that any user content you contribute is yours or that you possess the necessary permissions from the relevant third party to post the user content. You are solely responsible for the content that you contribute and we accept no responsibility for any loss or damage of any kind incurred as a result of any user content that you contribute.

By contributing user content you grant to us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, worldwide license (together with the right to sub-license) to use, copy, translate, reformat, prepare derivative works from, incorporate into other works, excerpt, to distribute, to publicly display, in whole or in part, the user content for any provision, delivery, or promotion of the services we provide.

We actively monitor all user content contributed through our platforms and reserve the right to remove any material which we may consider inappropriate for our services. This includes, but is not limited to any content:

That is offensive, indecent, objectionable, harmful, threatening, abusive, vulgar, obscene, fraudulent, or any content that is racially, ethically, sexually, politically or otherwise humanly unacceptable;

That is a form of solicitation, including but not limited to, spam, junk mail, pyramid scheme, or Ponzi scheme;

Although we monitor the platform for any inappropriate content, such content may not have been brought to our attention immediately; therefore you acknowledge that by using our services you may be exposed to inappropriate content, we accept no liability for such content.

4. Subscription and Payment

Mindful Slumber offers both free and premium (paid) services. For premium services, you agree to pay all fees or charges to your account, including applicable taxes, in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

All payments and transactions made in relation to our service are final and non-refundable. However, we reserve the right, in our sole discretion, to issue refunds or credits in specific circumstances. Any decision to provide a refund does not constitute an obligation on our part to issue the same or similar refund in the future. This refund policy applies regardless of the reason for the request, including but not limited to service disruptions, changes in our offerings, or any other reasons. You acknowledge and agree that your sole recourse regarding any dissatisfaction with any charge is to cease use of our service.

All payments made through Mindful Slumber are processed by third-party payment processors, not by Mindful Slumber. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. We are not responsible for errors made by the Payment Processor.

When you request a refund through Apple’s App Store for your Subscription to Mindful Slumber (“the App”), you expressly consent to the following:

a) You authorize Mindful Slumber to share information with Apple regarding your usage of the App, including but not limited to: session data, meditation completion records, feature access history, and other consumption metrics. b) You acknowledge that this information will be used by Apple solely for the purpose of evaluating your refund request and determining eligibility according to Apple’s refund policies. c) This consent is limited to the specific purpose of processing your refund request and does not extend to other uses of your data beyond what is described in our Privacy Policy.

By accepting these Terms of Service, you provide your advance consent to this data sharing in the event you request a refund through Apple’s App Store. This consent will remain valid for the duration of your relationship with Mindful Slumber and for any subsequent refund requests you may submit.

5. Modifications to Service

We reserve the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice or liability at any time. You agree that Mindful Slumber shall not be liable to you or any third party for any modification, suspension or discontinuance of the service. We have no obligation to maintain, support, upgrade, or update the service, or to provide all or any specific content through the service.

6. Service Availability

While we strive to provide continuous, uninterrupted access to our service, we cannot guarantee that the service will always be available or error-free or be uninterrupted. Due to reasons such as maintenance, system updates, network issues, external factors beyond our control, or any other unforeseen circumstances, the service or any part thereof may be temporarily unavailable. You acknowledge and agree that we will not be liable or responsible to you or any third party for any unavailability, suspension, or discontinuance of the service, in whole or in part, at any time and for any duration.

7. Termination

We reserve the right, in our sole and absolute discretion, to suspend, terminate, or disable your account or access to our Service at any time, for any reason or for no reason, with or without prior notice, and without liability. This includes, but is not limited to, instances where we believe:

You have violated or acted inconsistently with the letter or spirit of these Terms of Service
You have violated any applicable laws or regulations
You have engaged in conduct that we determine to be harmful to other users, third parties, or the business interests of Mindful Slumber
Your use of the Service imposes an unreasonable load on our infrastructure
You have repeatedly made complaints in bad faith

7.1 Effect of Termination

You acknowledge and agree that:

We shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to our Service
Upon any such termination, your right to use our Service will immediately cease
We may, in our discretion, delete any content or data associated with your account
Any fees paid for periods after the termination date will not be refunded
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

8. Restrictions

You shall not, and shall not permit any third party to:

Use the Service for any illegal purpose or in violation of any local, state, national, or international law
Violate or encourage others to violate the rights of third parties, including intellectual property rights
Attempt to access or search the Service or download content from the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, scrapers, or other automated means) other than the software and/or search agents provided by us or other generally available third-party web browsers
Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the apps, websites, or any part thereof, unless explicitly permitted by applicable law notwithstanding this limitation
Modify, adapt, improve, or create any derivative works from the Application
Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access
Probe, scan, or test the vulnerability of the Service or any network connected to the Service
Interfere with, or attempt to interfere with, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Service
Impersonate or misrepresent your affiliation with any person or entity
Harvest or collect email addresses or other contact information of other users from the Service
Send unsolicited communications, promotions, advertisements, or spam
Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”

Any unauthorized use, reproduction, or distribution of the apps or its source code is expressly prohibited and may result in severe civil and criminal penalties, as well as claims for damages.

9. Third-Party Links

Certain content, products, and services available via our service may include materials from third parties. Third-party links on this site, or from mobile apps may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

9.1 No Endorsement

The inclusion of any link does not imply endorsement by us of the site or any association with its operators. We strongly advise you to read the terms and privacy policies of any third-party websites or services that you visit or use.

10. Age Restrictions

10.1 Minimum Age Requirement

The Service is not intended for individuals under the age of 18 (or the age of majority in your jurisdiction if higher). By using this Service, you represent and warrant that:

You are at least 18 years of age (or the age of majority in your jurisdiction if higher), or
You are the parent or legal guardian of a minor and you have given express consent for such minor dependent to use the Service, and you accept full responsibility for their compliance with these Terms

10.2 Children’s Privacy

We do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and you believe we may have collected information from your child under the age of 13, please contact us immediately, and we will promptly remove such information from our records.

11. Health Disclaimer

Mindful Slumber is not a medical or healthcare service and does not provide medical advice, diagnosis, or treatment. The content and services offered, including but not limited to guided meditations, relaxation exercises, and any wellness-related content, are intended for general informational purposes only. They are not substitutes for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider if you have any concerns or questions regarding a medical condition or before starting a new health-related program.

Our Service is not designed to:

Diagnose, treat, cure, or prevent any disease, illness, or medical condition, including but not limited to insomnia, sleep apnea, narcolepsy, or any other sleep disorder
Replace proper medical treatment for any mental or physical health condition
Serve as a substitute for the advice, treatment, or diagnosis from a qualified healthcare professional

If you experience any discomfort, adverse effects, or have a pre-existing medical condition (including but not limited to mental health concerns, sleep disorders, or cardiovascular conditions), we strongly recommend consulting with a healthcare professional before using our services. The use of Mindful Slumber’s services is entirely at your own risk.

Mindful Slumber is not a crisis or emergency resource. If you are in need of immediate medical assistance, are experiencing a mental health crisis, or have thoughts of self-harm, please contact emergency services (e.g., 911 or your local equivalent) or the appropriate mental health support line immediately.

IMPORTANT: Our meditation and relaxation techniques should never be practiced while driving, operating machinery, or in any situation where full alertness is required. Some meditation practices may induce drowsiness or altered states of awareness.

12. Assumption of Risks

By using Mindful Slumber, you acknowledge that engaging in meditation, relaxation techniques, or any other content provided through our services may involve risks, including but not limited to physical or emotional discomfort, increased anxiety, drowsiness, or other potential side effects. You voluntarily assume all associated risks and agree that Mindful Slumber, its affiliates, employees, or partners are not responsible for any injury, harm, or discomfort you may experience from using the service.

While mindfulness and meditation practices may offer mental and emotional benefits, there have been rare cases where certain individuals with pre-existing mental health conditions, such as anxiety or depression, may experience heightened symptoms. We strongly recommend that individuals with any mental health concerns consult with a healthcare provider before engaging in any meditation or wellness practices provided by Mindful Slumber.

You are solely responsible for determining whether our services are suitable for your particular situation and for taking all necessary precautions to avoid any potential injury or harm.

Any guidance or support provided through Mindful Slumber, including through any mindfulness guides or resources, is strictly informational and not a substitute for licensed medical or clinical mental health services. Always consult a healthcare professional for medical advice or mental health support.

Participation in any surveys, research programs, or studies conducted through Mindful Slumber is entirely voluntary. Mindful Slumber makes no warranties as to the accuracy or completeness of information collected or provided in connection with such programs.

13. Limitation of Liability

The service, including all content, software, functions, materials, and information made available on or provided in connection with the service, are provided “as-is.” Mindful Slumber makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, products or services included on or associated with the Service.

Mindful Slumber does not guarantee the accuracy, reliability, or efficacy of the content provided. All information and services are intended for general wellness and informational purposes only and should not replace professional advice.

In no event shall Mindful Slumber, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content.

You acknowledge and agree that Mindful Slumber shall not be responsible or liable for any data loss or corruption. It is your responsibility to back up your data and take appropriate measures to safeguard your information. Mindful Slumber makes no guarantees or warranties regarding the preservation or maintenance of your data and accepts no responsibility for any loss or damage resulting from data loss or corruption.

14.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MINDFUL SLUMBER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MINDFUL SLUMBER FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) $100.00 USD.

THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

14. Indemnification

You agree to indemnify, defend, and hold harmless Mindful Slumber and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

15. Changes to Terms

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

16. Miscellaneous

16.1 Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not operate as a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms will continue in full force and effect.

16.2 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

16.3 Force Majeure

Mindful Slumber shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.