Agreement to Terms
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU AGREE (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Reverberation Tech Pvt Ltd THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. REVIEW CAREFULLY SECTION 15, "DISPUTE RESOLUTION FOR CONSUMERS," BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Changes to Terms or Services
We may update the Terms at any time, at our sole discretion. If we do so, we'll let you know by posting the updated Terms on the Site or through other communications. You must review the Terms whenever we update them because if you continue to use the Services after we have posted revised Terms on the App, you are indicating that you agree to be bound by the updated Terms. Suppose you disagree to be bound by the modified Terms, except as otherwise provided in the "Effect of Changes on Arbitration" section below. In that case, you may not use the Services anymore. Because our Services are evolving, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
The Services give you the option to choose from several paths of meditation. The descriptions of the tracks, such as "Focus" or “Sleep,” are intended to convey the category or direction of the meditations and should be considered the goal for that path and not a guarantee or certainty. While we hope each meditation path can help you focus your meditation efforts in a particular direction, results are not guaranteed, and not everyone will respond as desired or see benefits. The Services are not a substitute for professional medical advice, diagnosis, or treatment and do not constitute medical or other professional advice. Any physical or mental health-related content that you may find in the Services is broad in nature and scope, describes only general principles, is not specific to you as an individual, and may not be appropriate or relevant to your situation. Such content is not intended to diagnose, treat, cure, or prevent any medical conditions or as a substitute for consulting with your health care professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay seeking it because of something you have read, seen, or heard on our Services. You should consult your healthcare professionals if you have any questions about your physical or mental health.
Who May Use the Services?
- Eligibility. You may use the Services only if you are 18 years or older, capable of forming a binding contract with Reverberation Tech Pvt Ltd, and are not barred from using the Services under applicable law.
- Registration and Your Information. If you want to use certain features of the Services, you'll have to create an account with us ("Account"). You can do this via the App through your Facebook or Google accounts. If you choose the Facebook or Google account option, we'll create your Account by extracting from your Facebook or Google account certain personal information such as your name and email address and other personal information that your privacy settings on your Facebook or Google account allow us to access.
- Accuracy of Account Information. You must provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete, and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone, and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities under your Account, whether or not you know about them.
Subscription Fees and Payment
We offer several types of subscriptions for our Services, including a free trial subscription, a monthly subscription, and an annual subscription. By selecting one of these subscriptions, you agree to pay in advance the applicable subscription fee, if any, as posted in the App, plus any applicable taxes and other expenses that may accrue concerning your use of the Services. All payments are non-refundable and non-transferable unless otherwise provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
- Free Trials. We offer a free trial during which you may use the Services without payment for the time specified in the App or on the Site when you create your Account. Free trial subscriptions are only available to new users when they make an Account. Unless you cancel your free subscription before the end of your trial, we (or our third-party payment processor) will begin charging you the applicable monthly or annual subscription fee until you cancel your subscription. You will not receive a notice from us that your free trial has ended or your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice, and at our sole discretion.
- Advance Payment of Subscription Fees. If you purchase a subscription, the subscription fee (plus any applicable taxes and other charges) will be charged to you at the beginning of the paying portion of your subscription. Monthly and annual subscriptions will be charged to you at the beginning of your subscription and each month or year (as applicable) at the then-current rate. Unlimited access subscriptions, if available, will be charged in one advance payment at the beginning of your subscription at the then-current rate; such subscriptions will give you access to the Services without further cost for as long as we provide the Services. For monthly and annual subscriptions, you will be automatically charged each month or year, as applicable, on the calendar day corresponding to your subscription's commencement date. If your monthly subscription began on a day not contained in a given month, we may charge you on another day in the applicable month as we deem appropriate. For example, if your subscription started on January 31st, your next payment date will likely be February 28th, and you will be billed on that date. Weekly, monthly, and annual subscription fees auto-renew as set forth below.
- Recurring Payment. By entering into these Terms and electing a monthly, or annual subscription, you acknowledge that your subscription has a regular payment feature, and you accept responsibility for all recurring payment obligations before cancellation of your subscription by you or Reverberation Tech Pvt Ltd. Your monthly or annual subscription continues until you cancel, or we terminate access to or use the Services following these Terms.
- Cancellation of Subscription. You may cancel your subscription at any time. All payments are non-refundable and non-transferable. You will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. If you cancel, you can continue to enjoy your subscription through the end of your current month, or year, as applicable to your subscription. You can also withdraw through your play store or app store operator. For example, if you have an iPhone, go to Settings, tap App and iTunes Stores, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. Please follow the instructions, if any, that we provide to you in response to your cancellation request. Google subscriptions can be managed in the Google Play Store; search for Urban Health and select "Manage Subscriptions."
- Termination of Subscriptions. We may terminate access to or use the Services, at our sole discretion, at any time and without prior notice. All fees are non-refundable. For monthly and annual subscriptions, if we terminate your subscription, you may continue to use the Services for the remainder of your current subscription period; after such time, the paid subscription Services will not be available to you. If a third party acquires Reverberation Tech Pvt Ltd or its assets due to a transaction such as a merger, acquisition, or asset sale, or if we go out of business or enter bankruptcy, we may discontinue offering the Services.
- Subscription Price Changes. The price of subscriptions is subject to change at any time without notice. We reserve the right at any time to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors, inaccuracies, or omissions on the Site or in the App, including after you have been charged your subscription fee. If we change the price of your monthly or annual subscription, you have the option to cancel at any time before the new price is applied. Please see above for further information about cancellation.
We welcome feedback, comments, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any intellectual property rights you own or control to use, copy, modify, or create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (a) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes, without limitation, User Content.
- Content Ownership, Responsibility, and Removal. Reverberation Tech Pvt Ltd does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any requests you may have to use and exploit your User Content. Subject to the previous, Reverberation Tech Pvt Ltd and its licensors own all rights, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of India and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
- Rights in User Content Granted By You. By making any User Content available through Services, you at this moment grant to Reverberation Tech Pvt Ltd a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and other Account holders.
- Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Reverberation Tech Pvt Ltd on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Rights in Content Granted By Reverberation Tech Pvt Ltd. Subject to your compliance with these Terms, Reverberation Tech Pvt Ltd grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display, stream, and download the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
- Rights and Terms for App. Subject to your compliance with these Terms, Reverberation Tech Pvt Ltd grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Reverberation Tech Pvt Ltd reserves all rights in and to the App not expressly granted to you under these Terms.
- You are accessing App from Play Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like Google Play) where the App may now or in the future be made available (each an "App Provider"). You acknowledge and agree that:
- These Terms are concluded between you and Reverberation Tech Pvt Ltd, and not with the App Provider, and Reverberation Tech Pvt Ltd (not the App Provider) is solely responsible for the App.
- The App Provider is obligated to furnish any maintenance and support services concerning the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever concerning the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Reverberation Tech Pvt Ltd.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringe that third party’s intellectual property rights, Reverberation Tech Pvt Ltd will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the request) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to an Indian Government embargo or that has been designated by the Indian Government as a terrorist-supporting country; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties.
- You must also comply with all applicable third-party terms of service when using the App.
General Prohibitions and Reverberation Tech Pvt Ltd's Enforcement Rights.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
- Use, display, mirror, or frame the Services or any individual element within the Services, Reverberation Tech Pvt Ltd's name, any Reverberation Tech Pvt Ltd trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Reverberation Tech Pvt Ltd's express written consent;
- Access, tamper with, or use non-public areas of the Services, Reverberation Tech Pvt Ltd's computer systems, or the technical delivery systems of Reverberation Tech Pvt Ltd's providers;
- Attempt to probe, scan or test the vulnerability of any Reverberation Tech Pvt Ltd system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Reverberation Tech Pvt Ltd or any of Reverberation Tech Pvt Ltd's providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and search agents provided by Reverberation Tech Pvt Ltd or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or another form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Reverberation Tech Pvt Ltd trademark, logo URL, or product name without Reverberation Tech Pvt Ltd's express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the preceding.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so to operate the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated to remove or disable access to any Content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Reverberation Tech Pvt Ltd respects copyright law and expects its users to do the same. It is Reverberation Tech Pvt Ltd’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be infringing copyright holders' rights. Please see Reverberation Tech Pvt Ltd’s Copyright Policy for further information.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, resources, or links displayed on such websites. You acknowledge and assume all risks from using any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice. You may cancel your Account at any time by sending an email to us at email@example.com; upon any termination, discontinuation, or cancellation of Services or your Account, all provisions of these Terms which by their nature should will survive, including, without limitation, the sections on Feedback, Content, Ownership, Responsibility, and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, General Terms and this section of Termination.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE PRECEDING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
Limitation of Liability
NEITHER Reverberation Tech Pvt Ltd NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Reverberation Tech Pvt Ltd OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL Reverberation Tech Pvt Ltd's TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Reverberation Tech Pvt Ltd FOR USE OF THE SERVICES OR CONTENT IN THE YEAR PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Reverberation Tech Pvt Ltd, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Reverberation Tech Pvt Ltd AND YOU.
These terms shall be governed by and constructed following the laws of India without reference to conflict of laws principles. Disputes arising hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, and applicable authorities at Bangalore.
Dispute Resolution for Consumers
- Entire Agreement. These Terms constitute the complete and exclusive understanding and agreement between Reverberation Tech Pvt Ltd and you regarding the Services and Content, and these Terms supersede and replace all prior oral or written understandings or agreements between Reverberation Tech Pvt Ltd and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Without Reverberation Tech Pvt Ltd’s prior written consent, you may not assign or transfer these Terms by operation of law or otherwise. Any attempt by you to assign or transfer these Terms without such consent will be null. Reverberation Tech Pvt Ltd may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
- Notices. Any notices or other communications provided by Reverberation Tech Pvt Ltd under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such information is transmitted.
- Waiver of Rights. Reverberation Tech Pvt Ltd’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Reverberation Tech Pvt Ltd. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Reverberation Tech Pvt Ltd at firstname.lastname@example.org