Terms and Conditions of Bodhi
Please read these Terms and Conditions carefully as they govern your use of our Services.
- Bodhi: ©️ Bodhi 2018 is owned by Bodhi B.V.: 71573399. Also referred to as "we/us/our".
- Website: www.beingbodhi.com
- Email address: firstname.lastname@example.org
- Terms of Service: this document, also referred to as the 'Terms'.
- Service: products and/or services that Bodhi offers through the website, the App(s) or other delivery methods.
- App(-lication): the Bodhi Meditation App, which can be ordered via the Apple App Store and the Google Android Play Store, also referred to as "third party App stores".
- User: the user (in any way shape or form) of our Service, also referred to as "you".
- (Mobile) Device: computers, smartphones, tablets or any other device which is used to access our Service.
- Party/Parties: You/User and Bodhi.
- Content: software, text, images, graphics, music, audio, video, other works of IP (intellectual property) that is posted, provided, generated, or otherwise made available through the Bodhi app and Website.
- User Content: any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
- App Providers: Apple App Store and/or Google Play Store.
- Dispute: any dispute or claim regarding to, or (directly or indirectly) arising out of these Terms, their breach, enforcement, termination, interpretation, or the validity thereof, or the use of the Services and/or its Content.
- In some cases during an ordering process we may ask you to click "I accept" before gaining access to the Service. If you do not choose to click "I accept", you may not be able to complete the order, which can mean you can't use or gain access to the Service.
- By Using our Service (and thereby agreeing to these terms) you agree that any disputes between you and Bodhi will be resolved by binding, individual Arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. If you do not agree with this Arbitration clause, please follow the opt-out procedure as described in the Arbitration Opt-out section below.
- Exceptions regarding certain types of Disputes are described in the Dispute Resolution section below.
If you have any questions about our Service or these Terms, please contact us at email@example.com
- These Terms constitute the entire and exclusive understanding and agreement between you and Bodhi regarding the Services and Content.
- Without Bodhi's prior written consent you are not allowed to transfer or assign these Terms or a portion thereof, by operation of law or otherwise.
- Any attempt by you to assign or transfer these Terms, without our consent, will be null and shall have no effect.
- Bodhi has the right to freely assign or transfer these Terms without restriction.
- Subject to the foregoing, these Terms will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
- If Bodhi does not enforce (by choice or otherwise) these Terms and Conditions, this can not be regarded as a waiver of this right or this provision.
- The exercise of one of the remedies under these conditions by one of the parties, is without prejudice to other remedies, except when this is expressly stated in these Terms.
- In all cases where these Terms do not provided or are incomplete, Bodhi is independently authorized to decide which explanation should be given.
- Any additional Terms and Conditions are hereby incorporated into these Terms. If in any case such terms are inconsistent with these Terms, it is up to Bodhi to decide which terms should prevail.
- If any provision of these Terms is held invalid, illegal or unenforceable (either by an official arbitrator or, in the event that you have used the Arbitration opt-out, a notice by 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.
Changes to our Terms and Service
- Bodhi reserves the right to make changes in (parts of) these Terms and update them. We may also change and update any other of our policies or practices. Bodhi has the right to make these changes and updates at any time.
- Bodhi has the right to update, change, or discontinue all or any part of our Services, at any time and without notice.
- We will notify users by posting the changed or updated Terms on this page or through other communications (pop-up or push notifications within the Service or email.)
- Any changes or updates will be effective immediately after the changes/updates are posted on our website. If you choose to continue the use of our Service (-es) you agree to abide by the Terms as changed.
- Contrary to the previous section (section 4 of this 'article'): if Bodhi changes sections of these Terms regarding "Dispute Resolution" and/or "Arbitration" after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you can reject such change by sending us a written notice to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Bodhi's email to you notifying you of such change. By rejecting any change, you are agreeing that you will Arbitrate any Dispute between you and Bodhi in accordance with the provisions of this "Dispute Resolution" and/or "Arbitration" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Use of our Services
- By using our Service you warrant that you are 16 years or older (minors may only use our service with the involvement and consent of a parent or legal guardian), legally capable of entering into binding contracts, that all registration information submitted by you is truthful and accurate and you will maintain the accuracy of that information, and that your use of the Products does not violate any applicable law or regulation.
- Regarding in-app purchases, you warrant that you are 18 years or older. Minors may only use our in-app purchases service with the involvement and consent of a parent or legal guardian.
- In some cases you have to register to be able to use our Service. During the registration process (creating an account) we ask for your first and last name or a username, mobile number, and email address. It is also possible to use your Facebook (FB) login credentials to create a Bodhi account.
- In order to keep your information safe, it is your responsibility to restrict the access to your Device, maintain the confidentiality of your account, and use a unique/strong password that you use to verify your identity before accessing your account.
- You are responsible for updating your User Information.
- You are solely responsible for all activities that occur under your Account, including for activities that you may not be aware of.
- The Bodhi app is in no way or form a substitute for professional medical care/advice, nor is it intended, designed, or implied to diagnose, prevent, or treat any (medical) condition or disease, or to determine what the state of your health is.
- Not all activities that Bodhi describes on the Services are suitable for everyone.
- Reliance on any information provided through the Service provided by Bodhi is solely at your own risk.
- Before using the app always make sure you are in good health by having yourself examined by a healthcare professional.
- Never disregard professional medical advice or delay in seeking it because of information provided to you by our Services.
- Do not use the Services while operating heavy machinery, while driving, or performing other tasks that require your attention and concentration. You and you alone are responsible for your use of the Services.
- Bodhi does not claim or guarantee that our Service(-es) provide a therapeutic/medical benefit.
- Bodhi has the right to terminate or suspend your access to and use of our Services with immediate effect, without notice, and at our sole discretion.
- Bodhi is in no way liable for the removal or disabling of access to our Services.
- We are permitted to set limits on the use of, or access to, our services, in any case and without notice or liability.
- In any case Bodhi suspects any violations of these Terms or conduct that affects the Services, Bodhi has the right to investigate.
- Bodhi may work/cooperate in any way with law enforcement authorities to prosecute users who are suspected of violation of the law.
- After termination (including discontinuation or cancellation) of our Services or your Account, all provisions of these Terms (which by their nature should survive) will survive, including, without limitation, General Terms, this section of Termination, the sections on Feedback, Ownership, Content, Responsibility and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, and Dispute Resolution.
- Bodhi will not restrict any rights that you may have to use and exploit your own User Content.
- The responsibility for all your User Content rests solely on you.
- You guarantee that your User Content will not infringe, obscure, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or violate any applicable laws or regulations.
- By making any User Content available through our Services, you grant Bodhi a non-exclusive, sublicenseable, transferable, royalty-free, worldwide license to use, copy, create derivative works based upon your User Content in connection with operating and providing the Services and Content to you and to other users.
- Bodhi is the exclusive owner of all the Bodhi Content, including all associated IP rights.
- Bodhi Content is protected by copyright, trademark, European law, and the law of the United States.
- You are prohibited to remove, alter or obscure any IP rights (or any other proprietary rights) notices incorporated in or accompanying the Services or its Content.
- Bodhi reserves all rights regarding the App.
- Subject to your compliance with these Terms, the rights of usage of the Bodhi App contain a limited, non-transferable, non-exclusive, non-sublicensable, worldwide license to download, view, display, and copy the Content solely in connection with the permitted use of the Services and solely for your personal and non-commercial purposes.
- The terms of this license apply to upgrades/updates provided by Bodhi that replace and/or supplement the original App, unless this upgrade/update declares a separate license applicable.
- You agree that you will not use these products for any purposes prohibited by E.U. or U.S. law.
- The usage of our App is at your own initiative, when you choose to use or access our App, you are responsible for abidance with any (national and international) applicable laws.
- You are prohibited to reverse engineer, decompile, or disassemble the App, create derivative works based the App, make copies or modify the App or its content in any form or by any means, and/or transfer, distribute, sublicense, lease, lend, or rent the App to a third party, or make the App available to multiple users through any means. Any attempt to do so is a violation of the rights of Bodhi.
- You are prohibited to use the App to send computer viruses, trojans, worms, other malware, or to misuse network capacity and/or server in any way.
- You agree not to use the App in any way whatsoever to threaten, violate, harm, abuse, or violate the rights of any other party. Neither Bodhi nor its representatives are in any way responsible for such use by you, or for intimidating, threatening, defamatory, abusive, infringing, or illegal messages or transmissions that you may receive as a result of using the App.
- You agree to comply with all U.S., E.U., and foreign export laws and regulations to ensure that neither the App, nor any technical data or product that is related to the App, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
- By using the App, you represent and warrant that you will not use, export, or re-export the App, in particular, but without limitation, to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List or into any E.U. or U.S. embargoed countries and that you are not located in such country or on such list.
- You also agree that you will not use the App for any purposes prohibited by E.U. or U.S. law.
Downloading the App via the Apple App Store and/or Google Play Store
- The Bodhi App is made available through the Apple App Store and/or Google Play Store are licensed and not sold, to you.
- The App is not available in all languages or in all countries or regions.
- These terms exclusively apply between you and Bodhi. They do not form an agreement between you and Apple App Store and/or Google Play Store.
- Responsibility for the App lies exclusively with Bodhi.
- In case of failure of the App you can send a notification to the Apple App Store and/or Google Play Store. Then if conform the applicable warranty, you will receive a refund of the purchase price for the App (never more) with a maximum extent permitted by applicable law. The Apple App Store and/or Google Play Store is, however, not responsible for addressing any claims that you or any third party have relating to the App.
- With obtaining the Bodhi App through the Apple App Store you also comply with the Apple Licensed Application End User License Agreement in addition to the Bodhi Terms. You can find the Apple Standard EULA on www.apple.com/legal/macapps/stdeula.
- Third-party App stores are third beneficiaries of these Terms regarding your license for the App. With the use of the App the App Provider has the right to enforce these Terms, regarding your license of the App, against you as a third-party beneficiary.
Termination use App
- The license/use of our App is effective until terminated by Bodhi or you.
- You can choose to terminate your account at any given moment. By doing so you are obliged to cease all use of the Licensed Application and destroy all copies (full or partial) of the App.
Warranty and Liability
- You acknowledge and accept that to the maximum extent permitted by applicable law:
a - The Services provided by Bodhi are “as is’”/“as available” and do not come with any warranty.
b - Bodhi cannot guarantee the Services will meet your requirements or be available on an error-free, uninterrupted or secure basis, or make any warranty regarding the availability, timeliness, quality, completeness, accuracy, or the reliability and/or truthfulness of the Content provided by Bodhi.
c - The use of our services are at your sole risk, as the risk to effort, accuracy, satisfactory quality, and performance is with you.
Written and/or oral information provided by Bodhi can never be considered as a warranty.
Disclaimer of Liability
- To the extent not prohibited by law:
a - Bodhi hereby disclaims any warranty and/or conditions with respect to the Bodhi Services, including but not limited to merchantability, satisfaction with regard to quality, non-infringement of the rights of third parties, accuracy suitability for a particular purpose and quiet enjoyment.
b - Under no circumstances will Bodhi be held liable for any indirect, incidental, consequential, spacial or exemplary damages that arise from the use of the App and/or any services or content provided by any third party.
To the extent not prohibited by law Bodhi shall never be liable for:
a - Personal injury.
b - Consequential or indirect damages (for loss of profits and/or data, business interruption, and/or any other commercial damages arriving out of, or related to, our Services).
In any case Bodhi's liability regarding you and your damages will never exceed the amount of fifty dollars/euros ($50.00/€50.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Bodhi and you agree that any dispute or claim will be settled by binding arbitration. The only exceptions being that each party will have the right to:
a - Start an individual action in small claims court.
b - Seek injunctive or other equitable relief in a court of competent jurisdiction regarding an IP Protection Action (used to prevent an infringement or a threat thereof, violation or misappropriation of a party's copyrights, trade secrets, trademarks, patents, or other intellectual property rights).
The arbitrator will not be allowed to consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding, unless both you and Bodhi have agreed otherwise in writing.
If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
- You have 30 days (starting from the date you first agree to these terms) to start the Arbitration opt-out procedure if you wish to opt out of arbitration entirely and keep the possibility to litigate any Dispute.
- To start the opt-out procedure you will need to send us an email (email@example.com) that clearly states your will to opt out of the Bodhi Disputes and Arbitration clauses as stated in the "Terms of Service".
- If you have not provided Bodhi with an Opt-out Notice regarding Arbitration, you acknowledge and agree that you and Bodhi are both waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
- Unless you use your right to opt out, or prohibited by laws and regulations, the exclusive jurisdiction and venue of any IP protection action will be based in the Netherlands. Both you and Bodhi waive any objection against the jurisdiction and location in such courts.
Governing Law and Forum Choice
- These Terms are governed exclusively by Dutch law and the rules of [Arbitration] , without regard to its conflict of laws provisions, unless this is expressly forbidden by law.
- For all Disputes that will not be resolved by Arbitration the exclusive jurisdiction lies with a court located in the Netherlands. You and Bodhi waive any objection to jurisdiction and venue in such courts.
Arbitration Procedure and Decision
- In case a Party wants to initiate arbitration they must send the other party a written demand for Arbitration. This demand must comply with the specifications as stated in the [rules arbitration].
- The arbitrator must be an attorney licensed to practice law or a retired judge and will be selected by the parties from the International Chamber of Commerce Nederland (ICC Nederland) roster of arbitrators.
- If parties have not been able to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the [...] will appoint the arbitrator in accordance with the Rules of International Chamber of Commerce Nederland (ICC Nederland).
- The Arbitrator will respect these Terms in the Arbitration process and in the forming of his decision.
- Unless both Parties agree the following will apply:
a - For claims under €10.000/$10,000 the Arbitration will be conducted in writing and solely on the basis of the documents that Parties submit to the arbitrator. Unless the Arbitrator decides that a hearing is necessary, Arbitration will take place remotely by video conference or, if possible and agreed by both parties, in person.
b - For claims that exceed €10.000/$10,000, the right to a hearing is determined by the ICC Arbitration rules.
The arbitrator’s decision will include the essential findings and his conclusions.
In the event that the Arbitrator decides an award of damages should be paid, the Arbiter will provide a detailed report that explains on which findings/circumstances the award of damages is based.
Judgment on the arbitration award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.
The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
The Party that prevails in Arbitration will be entitled to compensation of attorneys' fees and expenses, to the extent provided under applicable law.
- You can use a part of the Bodhi App for free. For some additional services you will have to pay through in-App purchase.
- Subscriptions are renewed on a periodic basis (as designated by Bodhi) unless you indicate and request non-renewal through the App. In-App payments are processed by the mobile app provider (Google Play or Apple iTunes), from which you originally downloaded the application. You can find the applicable "in-app" purchase rules and policies directly in the applicable app store(s). Additional terms and conditions may apply to a subscription at the time of order or renewal.
- Since we provide our Services for you, we would love to hear your feedback (comments and suggestions regarding our Services), because the more we hear from you, the better our Services will be. You can send us your feedback by emailing us at firstname.lastname@example.org.
- By sending us your feedback you grant us an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose, without any obligation or compensation to Customer, any Authorized User, or other Customer personnel. If we choose not to implement your suggestion, please don’t take it personally. We really do appreciate it!