TERMS AND CONDITIONS

Last Updated: 05.05.2017

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.zenmixer.net (the “Website”) or through our application (the “App”). Please read these terms and conditions, carefully before using any Services from the Website or App available on Apple App store.

1. Agreement to Terms

By using the Website or the App, you indicate that you accept these Terms and all applicable laws, rules and regulations and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Website and the App.

2. Changes to Terms

We may modify the Terms at any time, in our sole discretion. If we do so, you will be notified about the change on the Website or through e-mail no later than two (2) weeks before the new version of the Terms becomes applicable. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore.

3. Membership and Subscriptions 

3.1 Who May Use the Services

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract. If you are younger than 18 years old, you may make a purchase only with the consent of your parents, guardians, authorized school officials, or counselors.

3.2 Using the Services

Via the Services, users can select from a variety of options to create customized relaxation and self-improvement sessions. Zen Mixer account holders may access the Services in two ways:

(i) Free Trial: a free-of-charge service, which gives access to several meditation sessions.
(ii) Paid Subscription: a subscription fee-based service which gives access to all content including and beyond the 7 Day Meditation Program.
Please note that if you purchase a subscription, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
You understand and agree that the Services and any other information you learn from Zen Mixer are not intended, designed, or implied to diagnose, prevent or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration.
You understand and agree that you are solely responsible for your use of the Services.
3.3 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you by email at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing support@zenmixer.net
4. Cancellation of Services
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Website or the Apps. Any termination, discontinuation or cancellation will not affect your obligations to Zen Mixer under these Terms (including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions), which naturally are intended to survive such suspension, termination or cancellation.
5. Copyright and Rights of Use
All materials (including software and content whether downloaded or not) contained on the Website or the App are owned by Zen Mixer, unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials.
All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website or the App are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material.
Subject to your compliance with these Terms, Zen Mixer grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your own personal non-commercial purposes. Copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
6. End User License Agreement

1. These Terms are concluded between you and Zen Mixer and not with the App Provider (Apple), and that Zen Mixer (not Apple) is solely responsible for the Licensed Application and the content thereof.
2. Providing any maintenance and support services with respect to the Licensed Application will be the sole responsibility of Zen Mixer. The App Provider//Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
3. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the App Provider (Apple), and the App Provider (Apple) will refund the purchase price for the Licensed Application to you and, to the maximum extent permitted by applicable law, the App Provider (Apple) will have no other warranty obligation whatsoever with respect to the Licensed Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Zen Mixer.
4. The App Provider (Apple) is not responsible for addressing any claims you have or any claims of any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection and/or similar legislation.
5. In the event of any third-party claim that the Licensed Application or your possession and/or use of that Licensed Application infringes that third party’s intellectual property rights, Zen Mixer 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.
6. The App Provider (Apple) and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider (Apple) will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
7. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

7. Prohibitions
You agree not to do any of the following:

• Use, display, mirror or frame the Services, or any individual element within the Services, Zen Mixer’s name, any Zen Mixer trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Zen Mixer’s express written consent;
• Access, tamper with, or use non-public areas of the Services, Zen Mixer’s computer systems, or the technical delivery systems of Zen Mixer’s providers;
• Attempt to probe, scan, or test the vulnerability of any Zen Mixer system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Zen Mixer or any of Zen Mixer’s providers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services or download Collective Content from the Services through the use of any unauthorized means, including without limitation, engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like).
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Zen Mixer trademark, logo URL or product name without Zen Mixer’s express written consent;
• Use the Services 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 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;
• 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;
• Encourage or enable any other individual to do any of the foregoing.

Zen Mixer will have the right to investigate and prosecute violations of any of the above, including intellectual property infringement and Service security issues, to the fullest extent of the law. Zen Mixer may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Use.  We are under no obligation to monitor access to or use of the Services or Content, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or 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 or our Acceptable Use Policy.

8. Services Disclaimer

While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.If there are any faults, please contact us at support@zenmixer.net and we will correct the fault as soon as we reasonably can. If the need arises, we may suspend access to the services while we address any faults, or occasionally restrict it to allow for repairs, maintenance or introducing new services. We will not be liable to you if the services are unavailable for any period of time.

9. Medical Disclaimer

Zen Mixer is a provider of online and mobile subscriptions for meditation content in the health & wellness space. We are not a medical device, nor do we provide medical advice. While there is third party evidence that meditation can assist in the prevention and recovery process for a wide array of illnesses as well as in improving a wide array of performance and relationship issues, we make no claims or guarantees that this will be the case by using the Services. Any user experiencing serious medical issues or needing medical advice should consult their doctor.
Any health information and links on the Services are provided simply for your convenience.
Any advice or other materials on the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. The advice and other materials are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials.
In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published on the Services.
10. Links to other website and/or services
We may provide links and information about other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible for any damage, loss or offence caused or alleged to be caused by, or in relation with the user of such websites or services.
11. Indemnification
You agree to indemnify and hold harmless Zen Mixer and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or Content or your violation of these Terms.
12. Limitation of Liability
Neither Zen Mixer 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, including lost profits, 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 Zen Mixer 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.

13. Privacy Policy

Zen Mixer understands how important the privacy of Personal Information is to our users. We understand that your privacy matters and we respect your privacy choices. This Privacy Policy sets out the basis on which any personal information we collect from you, or that you provide to us, in connection with the Services will be processed by us. Please read the following carefully to understand our practices regarding your personal information and how we will collect, use and disclose your personal information.

13.1 Information Collected About You

We may collect information about you such as:

• Personal information including, for example, your name; home or business address; e-mail address; telephone, wireless or fax number; short message service or text message address or other wireless device address; instant messaging address; credit or debit card or other payment information; demographic information or other information that may identify you as an individual or allow online or offline contact with you as an individual.
• Certain information through the use of “cookies,” which are small text files that are saved by your browser when you access our Services. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.
• Information that you provide by filling in forms through the Services. This includes information provided at the time of registering to use the Services, subscribing to the Services, and posting material to the Services. We may also ask you for information when you enter a competition or promotion sponsored by us and when you report a problem to us with the Services.
• If you contact us, we may keep a record of that correspondence.
• Details of transactions you carry out through the Services and of the fulfillment of your orders the Services.
• In order to analyse and present information to you, Zen Mixer relies on the ability to read your health data for heart rate, sleep analysis, active energy from the Apple HealthKit database on your device.
• Zen Mixer cannot read or write data from nor to the Apple HealthKit database unless you specifically grant access.

13.2 Confidentiality and Security
Any information you provide will be held securely and in accordance with applicable privacy laws. We do not provide your personal information to any third party without your specific consent. We have put in place technical, physical, and administrative safeguards to protect the Personal Information we collect. However, you also have a role in protecting the security of your information; for example, you should guard your password and not permit unauthorized use of your account.
13.3 How Information Collected About You Is Used
We may use information we collect about you to:

• Administer your account;
• Ensure that content provided by the Services is presented in the most effective manner for you and for your computer or other device.
• Provide you with access to particular tools and services;
• Respond to your inquiries and send you administrative communications;
• Obtain your feedback on our sites and our offerings;
• Statistically analyze user behaviour and activity;
• Conduct research and measurement activities;
• Notify you about changes to the Services.

13.4 With Whom Do We Share Your Information?

Zen Mixer will not disclose any Personal Information about you unless you specifically agreed to by you or:

• To comply with legal requirements, such as a law, regulation, search warrant, subpoena or court order;
• In special cases, such as in response to a physical threat to you or others;
• In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
• If Zen Mixer or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.

Zen Mixer does not make your Personal Information available to third parties for their marketing purposes without your consent.

13.5 Children’s Privacy

The Services are designed for persons 18 years of age and older. Children between the ages of 13 and 18 (or the age of majority in their jurisdiction of residence) (“Minors”) may use the Services, but use by such Minors shall only be done with the guidance, supervision, and consent of their parents or guardians. We rely on parents and guardians to ensure Minors only use the Services if they can understand their rights and responsibilities as stated in the Terms & Conditions applicable to the Services (the “Terms”). If you are a parent or guardian and you provide your consent to your child’s use of the Services, you agree to be bound by this Privacy Policy and the Terms. Children under the age of 13 are not permitted to use the Services. If you are under the age of 13, please do not attempt to access or use the Services. If you believe that we may have collected any personal information from a child under 13, please notify us at support@zenmixer.net so we can delete this information.

13.6 Your Rights

You have the right to ask us not to process your personal information for marketing purposes. You can exercise your right to prevent such processing by following the opt-out instruction in the marketing material you receive or by contacting us at any time by email at support@zenmixer.net
The Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these websites.

13.7 Changes to Our Privacy Policy

Zen Mixer reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of the Services by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to www.zenmixer.net. Your continued use of the Services constitutes your agreement to abide by the Privacy Policy as changed. Under certain circumstances (for example, if we would like to use your personal information in a manner different from that stated in our Privacy Policy at the time of collection), we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an email.

14. Customer Support
If you have any questions, please contact Zen Mixer at support@zenmixer.net