Meditopia User Contract
Meditopia, through the special software it has developed with the support of specialists in this topic, is always on your service for you to be a happier and more peaceful and a mindful person.
Article 1. Parties
By downloading the Application and/or visiting the Website, the User shall be deemed as having accepted the Terms and Conditions of this contract.
Article 2. Rights and Responsibilities of the Company
2.1. The Company shall provide the Users, who download the Application or use the Website, advisory information and exercises regarding the field of meditation. The information and content to be provided by the Company shall have an advisory and informative nature, where the Company shall not be held liable for the use of the Application, the scope of the content or the use of the recommendations and exercises.
2.2. The Company shall not be liable for any interruption or breakdown in the Application or in the Website occurring due to force majeure, connection problems, internet outage, suppliers, third parties, etc.
2.3. The Application is for private and personal use only. If the Company determines that the Application or the Website has been used outside of its intended purposes, the Company may cease, suspend or permanently terminate the membership of such User. The User agrees, declares and undertakes that the User shall not demand any compensation under any name if such consequences occur.
2.4. The purchasing activities conducted within the Application or the Website shall immediately be sent to the mobile device of the User. The User may be asked to connect to the Internet to access the Apple App Store or Google Play Store applications. Depending on the type of mobile device and use of Apple App Store or Google Play Store, General Terms and Conditions of Apple App Store or Google Play Store shall be applied.
2.5. The prices offered pertaining to in-application purchasing shall be valid at the moment of submission. However, the Company’s right to change these prices unilaterally, without notification, at any given time is reserved.
2.6. Company requires some personal information (name-surname, age, gender, email etc.) and requests surveys from its Users to provide high-quality service. The information stored in the Company servers and computers can be used for Company’s initiatives such as periodical campaigns and special customer-specific promotions – as well as for customer classification processes that help avoid unwanted emails.
2.7. Meditopia is integrated with the Apple Health App and works in compatible with Apple Healthkit and Google Fit platforms. The User accepts the Company to process the personal data collected by the mentioned applications.
2.8. This Contract shall constitute an evidence for the resolution of disputes in accordance with the German Civil Procedural Law. Users hereby agree the Contracts to be recorded and kept for proof and accessability purposes.
Article 3. Rights and Responsibilities of the User
3.1. The User is responsible for submitting the requested personal information completely and accurately and for updating the aforementioned information, if necessary. The consequences regarding submission of incomplete and inaccurate personal information is in User’s responsibility.
3.2. The User, by downloading the Application, declares and accepts to be at least 18 years of age. Users below 18 years of age shall be considered as having received the explicit consent of their parents or legal guardians regarding the Contract.
3.3 The User accepts and declares that the Application runs via internet connection; the videos, photos, graphics, written materials or media included in the Application are viewed via internet connection; internet usage fees will be collected by the User’s wireless network or mobile internet bundle and the Company has no representation or responsibility regarding the fees applied for internet usage and the User is informed regarding this issue.
3.4. This Application and Website have been prepared assuming that the User is in average health and medical condition and the content is not customized to the User in this regard. Therefore, the Company shall not be liable from any consequences occurred due to User’s medical conditions.
3.5. Before using the Application, the User shall consult a doctor regarding any medical problems he or she may have and in line with the directions of the doctor, decide whether to use the Application.
3.6. The User shall not use the Application if the User has any medical problem or risk.
3.7. Application does not provide any diagnosis or treatment for medical conditions. The User declares and accepts that none of the programs in the Application can replace any exercise prescribed by a doctor and practicing all exercise programs within the Application is only an advice and their usage is at the User’s sole discretion and responsibility. The Company shall not be liable in any way, related to the program selected and practiced by the User.
3.8. The User shall use the programs with care and according to the recommendations.
3.9. The User may at any time request the deletion of personal information kept by the Company. The Company, after the consent of the User, may always send the User notifications, reminders and electronic mails.
3.10. Both during the term of the contract and after its termination, the Company, its affiliates or third-party business partners, within the scope of the User’s consent, and without prior authorization of the User, may send messages with information, marketing and/or commercial purposes via commercial electronic messages or other means of communication with marketing and advertisement purposes such as automatic calling systems, facsimile, electronic mail or short message. The User may transmit his or her request to exit this system to the Company by sending e-mail to [email protected] or to another address that Company will share in the future.
3.11. The Information which was entered into the system by the User, may only be changed through a request by the User.
3.12. Through the services in the application, the User may purchase certain goods or additional features designed to enhance the performance of the services.
3.13. User has the right, at any time, to access, record and use this Contract in case of a dispute.
Article 4. Special Offers
4.1. Company may provide and organize various campaigns such as discounts, gifts, deals or offers for the benefit of the Users through the Website or Application from time to time. All terms and conditions of campaigns will be regulated by the Company.
4.2. Company reserves the right to make any changes to the content of the campaigns and Special Offers and to suspend the right of execution of campaigns and Special Offers in advance and without notice.
Article 5. Right of Withdrawal of the User
5.1. The following right of withdrawal is only applicable to natural and/or legal person Users who qualify to be consumer and who do not act in commercial or professional purposes.
5.2. Since the Application is downloaded directly by the User over the internet, the User has the right to withdraw at any time, by leaving the Application or deleting the Application from the mobile device.
5.3. The general terms and conditions of App Store or Google Play Store shall be applied to the right to withdraw from the in-application purchases conducted accordingly. The Company reserves the right to charge or not refund the payments for any purchased services by the User.
Article 6. Payments
6.1. The downloading of the Application is free of charge; separate approval shall be obtained for the sales prices, including all taxes, for in-application purchasing. The User hereby declares and accepts that the Company may unilaterally alter the Application price, in-application prices, campaigns and packages at any time, and that the User shall regularly check the update and Application information related to the alterations.
6.2. The User accepts that no fee is being refunded and will be refunded in any way.
6.3. Paid Services (the “Paid Services”): Certain services of the Company may be subject to payments now or in the future. Any payment terms presented to the User in the process of using or signing up for a Paid Service are deemed part of this Contract.
6.4. Billing: The Company uses a third-party payment processor (the “Payment Processor”) to bill Users through a payment account (“Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Contract. The Company is not liable for any damages caused by the Payment Processor. By choosing to use Paid Services, the User agrees to pay the Company, through the Payment Processor, all charges at prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and authorizes the Company, through the Payment Processor, to charge the User’s chosen payment provider (“Payment Method”). The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
6.5. Payment Method: The terms of the payment will be based on User’s Payment Method and may be determined by Contracts between them and the financial institution, credit card issuer or other provider of their chosen Payment Method. In case the Company, through the Payment Processor, does not receive payment from the User, the User agrees to pay all amounts due on their Billing Account upon the first demand.
6.6. Recurring Billing: Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by the User. By choosing a recurring payment plan, the User accepts that such Services have an initial and recurring payment feature and accepts responsibility for all recurring charges prior to cancellation. After the initial payment approval of the User, The Company may renew periodic payments (monthly etc.) to the User without the need for a new approval.
6.7. Current Information Required: The User must provide current, complete and accurate information for his Billing Account (such as a change in billing address, credit card number, or credit card expiration date). Users must promptly notify the Company or its Payment Processor if their Payment Method is cancelled (e.g., for loss or theft) or if they become aware of a potential breach of security, such as an unauthorized disclosure or use of their user name or password. Changes to such information may be made at Apple App Store or Google Play Store security page depending on purchase.
User agrees that, if the User fails to provide any of the information, the Company may continue charging him for any use of Paid Services under his Billing Account unless the User has terminated his Paid Services as set forth above.
6.8. Changes in Approved Amount: If the amount to be charged to the User’s Billing Account varies from the amount preauthorized by the User (other than due to the imposition or change in the amount of taxes), the User has the right to receive the notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. The terms of agreement between the User and their payment provider will be applied to the Payment Method. The User agrees that the Company may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
6.9. Reaffirmation of Authorization: The User’s non-termination or continued use of a Paid Service, reaffirms that the Company is authorized to charge the User’s Payment Method for that Paid Service. The Company may submit those charges for payment and the User will be responsible for such charges. This does not waive the Company’s right to seek payment directly from the User.
6.10. Free Trials and Other Promotions: Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. The User must stop using a Paid Service before the end of the trial period to avoid being charged for that Paid Service. If the User cancels prior to the end of the trial period and is inadvertently charged for a Paid Service, User should contact the Company at [email protected] .
Article 7. Dispute Resolution
7.1. Any kind of dispute occurring or arising from this Contract shall be settled by the courts and enforcement offices of Berlin / Germany. The Users who qualify to be consumer and who do not act in commercial or professional purposes, may apply to consumer courts in disputes.
Article 8. Licenses
8.1. The User accepts and declares that by submitting user content through the services he or she shall grant the Company a worldwide, gratuitous, perpetual and unlimited license to use such information.
Article 9. Intellectual Property Rights and Their Protection
The intellectual property rights of the software belong to the Company. The structure, order and code of the software constitute the valuable intellectual property right that belongs to the Company and its suppliers. The software is being protected by copyright laws and international agreements. Unless otherwise explicitly stated herein, this Contract does not grant you any intellectual property right and the Company saves all of its rights which have not been granted explicitly.
Users hereby agree to share certain information (“Personal Data”) with us including data that enables us to define the User when they download the Application and/or use the Website and/or join the contests, promotions or surveys.
The User’s data may be anonymized and separately analyzed, and may become subject to research and be used for both the User’s sake and/or for scientific and statistical studies. User accepts, represents and warrants that the Company may use the data given by the User anonymously without taking any consent or approval.
Company requests access to User's Apple Health data. The intent of access is to add the minutes of meditation that the user is listening in the Application to the Awareness Time in Apple Health. The Company shall not use any data of the User in the Apple Health application other than Awareness Time such as Step and Heart Rate.
User information will be stored in the Company database for a period of 1 (one) year following the User's deletion of the Application or termination of membership to expedite the process and for user satisfaction if the User who was a member of the Application subsequently wishes to re-join.
The Application makes interpretations by analyzing the User’s actions and preferences. Such statistical data that does not include personal information may be shared with business partners of the Company to enable the Users to have a more deep and exclusive experience. The User hereby agrees its personal information and data to be shared with third parties whom the Company has business partnership of some kind in order for the structuring of special promotions and for marketing and advertising purposes.
The User agrees that the Company and appointed third parties may use the information that is received through the Website and/or the Application for direct marketing and by using such information may make updates and create bulletins, events and other communication tools.
The User, by visiting the Website and/or the Application, accepts the automatical collection of its IP address, login information, location information, browser type and version, browser plugin types and versions, operating system and platform, URL address strings accessed through the Internet Site, visit information, reviews or downloads, download errors, visits to certain pages and page interaction times (“Automatically Collected Data") through various technologies such as "Cookies".
Users also acknowledge that the Company may obtain information ("Information Obtained from Other Sources") through relationships established by the Company with Third Parties (business partners, technical, payment and delivery service subcontractors, advertising networks, analytics providers, search information providers, credit reference agencies etc.).
Personal Data provided by the User, Automatically Collected Data and Information Obtained from Other Sources may be used to enable the purchases through the Web Site and/or Application for management or troubleshooting purposes and/or to send marketing tools to the User. In addition, the User gives consent to the usage of the combinaton of the information obtained from its social media accounts as permitted by the law and other information which the Company collected to gain more information about the User's preferences, to improve the user experiences on the Internet Site and Application and to prepare information, content or offer in line with the needs of the User.
The User hereby gives consent to sharing of his/her information with third parties by the Company, for the purposes set forth in this Contract. In addition, User accepts and undertakes that its information may be shared with third parties in circumstances set forth below:
- when the Company requires a third-party service provider in order to deliver its services;
- when requested or approved by the User;
- when there is a court order or required by law;
- in connection with the sale or transfer of an operation;
- to ensure the safety of the Users and third parties or
- to protect the rights and property of the Company, other Users and third parties.
For identification and resolution of technical issues related to the system, the Company may have to identify and use the IP address of the User, if necessary. IP addresses can also be used to identify users in a general sense and to collect comprehensive demographic information.
The Company has right to transfer the data relating to the purposes stated herein to the servers (the servers may belong to itself, its affiliates or sub-contractors) located anywhere in the world and outside the country of the User's domicile.
The Website may contain links to other sites and applications and the Company does not bear any responsibility for the privacy practices and contents of those sites and applications.
Please send your questions, opinions, and recommendations regarding privacy and any other issue to [email protected] . It is an honor and privilege to help you with being a happier, more peaceful and mindful person and every other issue.