Terms of Use for Wisdom Timer app

Definitions

In these Terms of Use, unless otherwise specified, the following terms shall have the meanings set out below:

• "App Store", "App Stores": Refer to the app stores in the singular or plural as appropriate including the Google Play Store or the Apple App Store.
• "Owner", "Author", "Us", "We", "Our": Refer to Chris James t/a Dharma Code, including its affiliates, subsidiaries, employees, agents, officers, and directors.
• "The App": Refers to the mobile app called Wisdom Timer as published by Us through one of the App Stores.
• "You", "Your": Refer to someone who has downloaded the App or uses the App, or has otherwise received a copy of the App.

1. Introduction

By downloading or using the App, You agree to comply with and be bound by these Terms of Use. If You do not agree with these Terms of Use, please do not use the App.

2. Health Disclaimer

The App is intended to provide guidance and tools for relaxation and meditation. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health providers with any questions You may have regarding a medical condition.

3. User Accounts

You may be required to create an account to access certain features of the App. You agree to provide accurate, complete, and current information during the registration process and to update such information to keep it accurate, complete, and current.

4. Subscriptions

The App offers two types of user accounts: Free and Plus. By upgrading to a Plus Account, You agree to the following terms regarding subscriptions:

4.a. Subscription Plans

• Free Account: Access to basic features of the App.
• Plus Account: Access to all features, content, and functionalities, including exclusive content and advanced functionalities not available on a Free Account.

Full details of the features included in each subscription plan are provided in the "Upgrade" feature within the the App at the time of making a subscription purchase.

4.b. Subscription Fees

• Subscriptions to Plus Account require payment of a subscription fee. The subscription fees are listed in the App and are subject to change at Our discretion. Any changes to the subscription fees will be communicated to You in advance.

4.c. Payment

• Subscription fees are billed on a recurring basis (monthly or annually) as specified at the time of subscription. Payment will be charged to Your App Store account upon confirmation of purchase.
• Your subscription will automatically renew at the end of each billing period unless You cancel it at least 24 hours before the end of the current billing period.

4.d. Free Trial

• We may offer a free trial period for new subscribers to Plus Accounts. The free trial period is subject to Our discretion and can be modified or terminated at any time.

4.e. Cancellation and Refunds

• You can cancel Your subscription at any time either in the App by opening the App and going to Profile > Manage Account, or through Your App Store account settings. Cancellation will take effect at the end of the current billing period, and You will continue to have access to the features of Your subscription until the end of that period.
• Other than for the reasons described in "Refund Requests" below, subscription fees are non-refundable. If You cancel Your subscription, You will not receive a refund for any unused portion of the subscription fee.

4.f. Refund Requests

• 4.f.i. Eligibility:

  You are entitled to request a refund for paid subscriptions if any of the following conditions are met and the refund request is made within 14 days of the initial subscription purchase:

  • The subscription feature(s) purchased did not function as described; or
  • There were technical issues preventing the use of the subscription feature(s) that could not be resolved within a reasonable time frame.

• 4.f.ii. Process:

  To request a refund, You must contact Our customer support team by email using the email address registered to your account with all of the following details:

  • The full name and email address associated with Your account;
  • The date of the subscription purchase; and
  • A description of the issue prompting the refund request.

  Our customer support team shall endeavour to acknowledge the receipt of the refund request within 3 business days. We are unable to respond to refund or billing requests submitted through the in-app Feedback feature.

• 4.f.iii. Assessment:

  • Upon receiving a refund request, We will assess the validity of the claim based on the provided information and Our records.
  • We may request additional information or evidence to support the claim if necessary.

• 4.f.iv. Decision:

  • Once the assessment is complete, We will notify You of Our decision within 14 business days.
  • If the refund request is approved, the refund will normally be processed using the original payment method within 7 business days from the date of approval.
  • If the refund request is denied, We will provide an explanation of the reasons for the decision.

• 4.f.v. Exceptions:

  Refunds will not be issued in any of the following situations:

  • Your partial use of the subscription during the refund request period; or
  • Your change of mind or personal preference.

4.g. Changes to Subscription Plans

• We reserve the right to modify, suspend, or discontinue any subscription plans or features associated with them at any time, with or without notice. Any significant changes will be communicated to You in advance.

4.h. Access to Content

• Certain content and features of the App may be restricted based on Your account type. Free Account users may have limited access to certain features, content, and functionalities compared to Plus Account users.

4A. Gift Cards

4A.a. Redemption Eligibility

• Gift cards can only be redeemed by users who do not have an active subscription to the Plus Account.
• Users with an active gift card that has more than one week remaining until expiration cannot redeem another gift card until the active gift card has less than one week left or has expired.

4A.b. Gift Card Code Validity

• Gift card codes must be 14 characters long, formatted as A1B2-C3D4E5-F6G7, and entered correctly to be redeemed.
• Codes that are invalid, already redeemed, or expired cannot be used.

4A.c. Expiration and Period

• Gift cards have an initial expiration date one year after issuance.
• Each gift card has a specified period such as 1 month, 3 months, 6 months, or 1 year, the actual period will be shown clearly alongside the gift card code. Upon redemption, the gift card's expiration date is updated to the end of the specified period from the redemption date.
• Once expired, the gift card becomes invalid, and the user will lose access to Plus Account features unless the user has an active subscription to the Plus Account.
• Users will be notified if their gift card is nearing expiration or has expired.

4A.d. Plus Account Access

• Upon successful redemption, a gift card grants access to all Plus Account features until the gift card's updated expiration date based on the specified period.
• Gift cards do not extend or modify existing subscriptions.

4A.e. Non-Transferable

• Gift cards are non-transferable once redeemed and can only be applied to the account used for redemption.

4A.f. Error Handling

• If a gift card code is invalid, already redeemed, or expired, users will receive an error message and may contact customer support for assistance.
• Users are responsible for verifying the accuracy of the gift card code entered.

4A.g. Customer Support

• For issues with gift card redemption, including invalid, expired, or already redeemed codes, users should contact customer support for further assistance.

4A.h. No Refunds or Extensions

• Gift cards are non-refundable and cannot be extended beyond their updated expiration date.

5. Intellectual Property

All content in the App, including text, graphics, logos, images and software, is the property of the Owner or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, distribute, reverse engineer or create derivative works from the content without Our express written permission.

6. User Content

Within the App You may create and upload content such as instructions, descriptions, audio recordings, timer configurations and avatars ("User Content"). By uploading User Content, You grant Us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform Your User Content in connection with the App.

7. User Suggestions and Feedback

By submitting any suggestions, ideas, feedback, or reports of bugs (collectively, "Submissions") to Us, You agree to the following terms:

7.a. Grant of Rights

• You hereby grant Us and Our affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Submissions in any form, media, or technology, whether now known or hereafter developed, without any obligation of compensation or attribution to You or any third party.

7.b. No Compensation

• You acknowledge and agree that You will not receive any compensation, royalties, or any other form of payment or attribution for Your Submissions.

7.c. Waiver of Rights

• You waive any and all moral rights, and any similar rights, in Your Submissions, to the fullest extent permitted by law.

7.d. Representations and Warranties

• You represent and warrant that Your Submissions are Your original work, and You have the necessary rights to grant the licenses set forth herein.

7.e. No Obligation to Use

• We are under no obligation to use, review, or otherwise exploit Your Submissions.

8. Content Sharing

The App allows You to share User Content with others. You are responsible for ensuring that Your User Content complies with these Terms of Use, and that You have all necessary rights and permissions to share it.

9. Acceptable Use Policy

You agree not to upload, post, or otherwise transmit any content that:

• Is violent, threatening, defamatory, obscene, offensive, or otherwise objectionable.
• Contains foul language, sexual content, or any form of hate speech.
• Violates any applicable laws or regulations.
• Infringes upon the intellectual property rights of others.

10. Content Moderation

The App includes a content moderation feature where users can report content that violates the Acceptable Use Policy. We reserve the right to remove any content that We determine, in Our sole discretion, violates these Terms of Use.

11. Friends and Chat Features

The App includes friends and chat features that allow You to communicate with other users. You agree to use these features responsibly and not to engage in any behavior that is harassing, abusive, or invasive of another's privacy.

12. Privacy Policy

Our Privacy Policy, which can be found here, describes how We collect, use, and share Your personal information. By using the App, You agree to the practices described in Our Privacy Policy.

13. Termination

We reserve the right to terminate or suspend Your access to the App, without prior notice or liability, for any reason, including if You breach these Terms of Use.

14. Limitation of Liability

To the fullest extent permitted by law, We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from Your use of the App.

15. Changes to Terms of Use

We may modify these Terms of Use at any time. We will notify You of any changes by posting the new Terms of Use on this page. Your continued use of the App after any such changes constitutes Your acceptance of the new Terms of Use.

16. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

Website Terms of Use

Definitions

In these Terms of Use, unless otherwise specified, the following terms shall have the meanings set out below:

• "Owner", "Author", "Us", "We", "Our": Refer to Chris James t/a Dharma Code, including its affiliates, subsidiaries, employees, agents, officers, and directors.
• "You", "Your": Refer to someone who accesses or uses this website.

1. Introduction

Welcome to wisdomtimer.com ("Website"). These Terms of Use govern Your use of Our Website. By accessing or using Our Website, You agree to comply with and be bound by these Terms of Use. If You do not agree with these Terms of Use, please do not access or use the Website.

2. Purpose of the Website

The Website's primary purpose is to provide information about Our meditation timer app ("the App"). The Website contains static content, including descriptions of the App's features, benefits, and instructions for use.

3. Intellectual Property

All content on the Website, including text, graphics, logos, images, and software, is the property of the Owner or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from the content without Our express written permission.

4. Use of the Website

You agree to use the Website for lawful purposes only. You may not use the Website in any way that:

• Violates any applicable laws or regulations.
• Infringes upon the rights of others.
• Is fraudulent, deceptive, or misleading.
• Harms or attempts to harm minors in any way.

5. Privacy Policy

Our Privacy Policy, which can be found here, describes how We collect, use, and share Your personal information. By using the Website, You agree to the practices described in Our Privacy Policy.

6. Disclaimer of Warranties

The content on the Website is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, or reliability of the content.

7. Limitation of Liability

To the fullest extent permitted by law, We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from Your use of the Website.

8. Links to Third-Party Websites

The Website may contain links to third-party websites. These links are provided for Your convenience only. We do not endorse or make any representations about third-party websites and are not responsible for their content or practices.

9. Changes to Terms of Use

We may modify these Terms of Use at any time. We will notify You of any changes by posting the new Terms of Use on this page. Your continued use of the Website after any such changes constitutes Your acceptance of the new Terms of Use.

10. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.