Owner of the Services and our contract with you

These Terms of Use (“Terms”) constitute a legally binding contract between you as a user (“User” or “you”) of our Services as prescribed below, and us, HEYWELLNESS LTD, registered under the laws of the United Kingdom and located at 86-90 Paul Street, London, EC2A 4NE, UK, registration number 15504438 (“we”, “Company”, or “us”), as the owner of the Services.

By using any part of our Services, you agree to be bound by these Terms and enter into a legally binding contract with us. Since this is an important commitment, we kindly ask you to read the Terms carefully before using the Services. If you do not agree to these Terms, please do not use our Services.

The Services include the website HeyWellness.com and the pages related to it (“Website”), an app (“App”), or (“Services”) using which we promote and sell our informational services (“Content”) aimed at improving the user’s well-being in various ways through meditation, breathing practices, dream plans, yoga, stretching, and workouts. You may access our Services through a computer, laptop, tablet, mobile phone, or other technology, which we refer here as a (“Device”).

Should you have any questions regarding the use of the Website, the App, these Terms, or any other Services provided by us, please drop us a line at the address indicated in “Reaching us out” section below.

Important disclaimers before you move further

We designed our informational services to support you for general wellness purposes only. We urge you not to seek professional medical advice in using our Services. Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and the Company. 

Please consult about each piece of information in our Services with the practising professional. We recommend attending the physicians if you ever experience health concerns. Likewise, we especially urge you to consult with a doctor if you ever experienced breathing, core, or blood pressure difficulties; if you are pregnant; or if you were or are going through any medical treatment, finding certain medical conditions, allergies, or any other specific symptoms before using our Services. 

The Services we provide do not diagnose, treat, or cure any diseases. The developers are not liable for any injuries or damages related to using our Services. 

Please check out the section “Disclaimers and Limitations of Liability” before you proceed to the use of our Services.

Accessing the Services 

With the use of the Website or the App, we offer you the following content: 

• meditation and breathing practices;
• dream plans and other wellness guides;
• yoga practices;
• stretching and other fitness activities;
• workout and dietary plans;
• other similar content as amended from time to time.

The part of the content can be already available for you without prior payments or authorisation. You may go through the Website, and find out the suitable collections or compilations. 

Depending on the specific service, you may have a limited in-time free trial offer outlined in the terms of such an offer in the App or on the Website. Afterward, you are welcome to stay on a limited, free plan, or purchase the plan that is suitable for your needs and purposes. Depending on the purchased plan, you are able to access a certain amount of the content we provide through our Services. 

For your convenience, we do not limit you in the use of one device. If you have an existing subscription and have logged to the device, you can use the same login credentials to access the Website or log in with the use of another device. Thus, your subscription will be valid and accessible on any of your devices with the correct login credentials. 

We recommend you create a strong password and login credentials to access the Services through the App or the Website. You may also use the Facebook, Google, or Apple ID credentials to proceed with the authorisation. You are free to choose the way of authorisation, as well as you are held responsible for the decision of which way of authorisation to choose.

Age of our users

By using our Services, you confirm that you are legally allowed to enter into this contract based on the laws of where you live. Our Services are not directed at individuals under 16. We do not knowingly collect personal data from children under 16. If we become aware that a child under 16 has provided us with personal data, we will ask their guardians or parents to take care of all the consequences resulting from their acceptance of the Terms Especially, we urge the guardians or parents to take a precise look at whether individuals under 16 are using the subscription services which require sensitive data processing. If we become aware of such a fact, we may suspend the subscription for the reasons of protection of children’s privacy and to comply with data protection laws. 

Payments 

General payment information

Our Services are available on iOS, Android, and on the Website. You may use your mobile device for purchases without authorisation. But to enable purchases on the web platform, the authorisation is necessary.

We may offer various options for the subscriptions, free, and paid use plans of our Services. The following information is given to specify the paid interactions with our Services. 

When you make in-app purchases, you enter into a separate contract with the Company based on these Terms (as applicable). Your contract for the purchase and use of the paid Services is completed once you receive a confirmation of your subscription purchase. The performance of this contract begins as soon as the purchase is completed. The paid Services will become available for you only after the payment is made in full. 

The prices do not include the amount of applicable taxes you should pay when buying the Services in accordance with the applicable laws of your country.

Please take into account that the payments may be carried out by the third-party services and not the Company itself. The payment may occur with the help of our trusted payment processor – Stripe, as well as through Google or Apple applications. You decide on your own which payment method is more suitable for you. Bear in mind that the use of other than in-app method purchase burdens you with the Terms of Use of the third-party services. 

Changing price and payment terms

We reserve the right to update or modify pricing, including subscription fees, for the Services, subject to reasonable prior notice. The prices of the Services are specified both in the App and on the Website. We may change fees for any feature of the Services in the future. 

We may decide at our own discretion to make seasonal promotional offers, promote various features with different prices for any user, as well as offer discounts or free trial testing periods. The conditions of the available promotional offers as well as discounts will be published both on the Website and in the Apps. 

Subscription terms, cancellation, and refunds

The subscription will begin on the date when you purchase your first subscription to the Services and continue for the subscription period that you select either in the App or on the Website, and will automatically renew for successive periods of the same duration, unless you cancel the subscription or we terminate it. 

If you do not wish to continue your subscription, including free trial, you should cancel it before it renews (or before the free trial ends). Please visit the Apple support or Google Play help, if you are unsure how to properly cancel your subscription. 

Any payments to the Company may be refunded if required under the applicable laws or according to the refund terms of the marketplaces. In order to request a refund, you should contact Apple, Google or Stripe support directly, who will process your request according to their refund policies.

App store refund policy

Google play refund policy

Stripe refund policy

For instance, you may find a refund if the App or Website is out of order, and you are not able to enjoy your subscription. We may also provide refunds at our sole discretion subject to our policies that may be published from time to time. We are not generally obliged to make a refund if one of the following reasons applies:

• your request is based on your mistake; 
• you lack the expertise to use our Services; 
• you have changed your mind regarding the use of the Services;
• you have breached these Terms.

Withdrawal/cancellation rights for the EU and the UK residents

Under the EU and the UK law regarding the purchase of Services, users may withdraw from/cancel the contract without justification. However, the withdrawal/cancellation period expires 14 days after the day that the contract is entered into. 

Where a user exercises the right to cancel after having requested that the Services be provided before the cancellation period expires, the user shall pay to the Company an amount which is in proportion to the part of Services actually provided.

Withdrawal form (example):

Addressed to:

HEYWELLNESS LTD, 86-90 Paul Street, address: London, EC2A 4NE, UK

support@heywellness.com 

I/We hereby give notice that I/we withdraw from my/our contract for the provision of the following service:

_____________________________________________ (insert a description of the services that are subject to the respective withdrawal)

• Ordered on: _____________________________________________ (insert the date)
• Received on: _____________________________________________ (insert the date)
• Name of consumer(s):_____________________________________________
• Address of consumer(s):_____________________________________________
• Date: _____________________________________________

(sign if this form is notified on paper)

Links to Third-Party Services 

You may have an opportunity to leave the App or Website following the links to third-party websites and services such as our social media, app marketplaces, payment processors such as Stripe, Google Pay, or Apple Pay, or other online platforms such as Google, Facebook, Android, or iOS to enable authorisation. Such third-party links are not under the control of the Company, and the Company is not responsible for them. We may provide you with these links only for your convenience. 

You use all third-party links at your own risk. You should remember that in third-party services, the applicable third party’s Terms and policies apply, including conditions of the third party’s privacy practices. We recommend you read any those Terms and policies carefully before using the respective third-party website. 

Privacy

We are in charge of privacy matters, and we do care about your privacy. Please visit our Privacy Policy page to find out how we collect and process your personal data, and what your rights regarding your personal data are.

Licences and properties

All the elements of the Services are owned and operated by us. Namely, the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products if any, software, and all other elements of the Services provided by us are protected by intellectual property, and owned by us, unless otherwise is directly specified. 

We are providing you with a limited, non-exclusive, non-transferable, revocable, worldwide licence to access and use the Services solely for your own non-commercial purposes. If we share certain content with you that is available for downloading, we do not transfer to you any rights in connection with those materials. 

You agree not to abuse the intellectual property rights of our Services that are specified at Prohibited Conduct section, with these Terms, and with any other our policies. 

While there are currently no functions that allow user-generated content, if such functionality is deployed in the future, you agree to grant HeyWellness a non-exclusive, irrevocable, royalty-free, freely transferable, sub-licensable, worldwide licence to host, store, copy, publish, publicly display or perform, distribute, transmit, modify, adapt, commercialize, create derivative works, and otherwise utilize your user-generated content without any limitations or payoff. 

Be careful when sharing your user-generated content or your progress in the Services with other people, as it may become available to an unlimited number of users.

We reserve the right to monitor, remove, or modify user-generated content for any reason and at any time, including user-generated content we believe violates these Terms, or other our policies.

Prohibited Conduct 

By using the Services, you agree not to use the Services provided by the App or Website in any unlawful manner, namely:

• use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, scripts, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services;
• reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software by using the Website, or to obtain any information from the Services using any method not expressly permitted by the Company;
• attempt to probe, scan, or test the vulnerability of our system or network or breach any security or authentication measures;
• solicit or attempt to solicit any login credentials or personal information from other users of the Services;
• upload any viruses or malicious code or do anything else that will negatively affect the Services, impair their functionality, or compromise the data of the Company;
• retrieve data or other content from the Services to create or compile, directly or indirectly, the collections, compilations, or the whole database;
• commercially exploit the materials on the Website in any way, including, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party;
• perform acts aimed at the breach of the normal functioning of the Services or leading to the violation of applicable laws, both using software and through your direct acts within the Services;
• act in violation of any of the Google Play and Apple Store restrictions;
• facilitate or support any of the actions described above. 

While we have no obligation to monitor access or use of the Service, we reserve the right to review, edit, remove, or disable your access to the content we provide. In case we find it necessary when your conduct violates these Terms, and applicable laws, or threatens the integrity and reputation of the Company, we reserve the right to disable your access or restrict you from use of our Services (including terminate or limit your subscription) without prior notice. We also may investigate violations of these Terms and cooperate with law enforcement authorities to prosecute illegal activities related to the Service.

Your representations and warranties 

By using our Services, you represent and warrant that:

• you have the full capacity needed to be bound by these Terms, in accordance with the law of your jurisdiction;
• you have provided us with true, accurate, current, and complete information we need to provide you with our Services;
• you will not use the Services for any illegal or unauthorized purpose, as well as in violation of the “Prohibited conduct” section; 
• 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 you are not listed on any U.S. government list of prohibited or restricted parties;
• your use of the Service will not violate any applicable law or regulation, including these Terms.

We may terminate our contract and respectively your subscription without additional notice and return of any funds if you violate any of the representations and warranties described above.

Disclaimers and Limitations of Liability

Disclaimers as to the nature of the Services

Any statements posted on the Services are for informational and entertainment purposes only and are not intended to replace or substitute for professional medical or any other advice.

You should be aware of any application of our content in the context of your health conditions. We persistently ask you not to use our Services for treatment purposes. You should always hold sole responsibility for the use of our Services concerning your health condition. Please do contact your physician or any other specific doctor who may consult you, based on your anamnesis. 

Your use of the Services does not establish or create a relationship between you and the Company that would exist between a doctor and patient, therapist and patient, or any other type of healthcare professional relationship. The Services we provide do not diagnose, treat, or cure any diseases. The developers are not liable for any injuries or damages related to using our content through the App or the Website.

The Company does not assume liability for any inaccuracies or incorrect statements about food recipes, calorie calculations, or any dietary restrictions in its content. You should carefully review all information provided by food product manufacturers, including nutrient content, ingredients, allergen information, and health claims, before consuming a product. Consult about each piece of information in our Services with the practising professional. 

The Company is not liable for any success or failure in your wellness directly or indirectly related to purchasing and using the Service. Your wellness outcomes from using our Services depend on your own starting points and other important metrics such as individual health and fitness conditions, nutrition results, allergy or any other product resistance, your background, commitment, and capacity. 

The Services are provided strictly on an “as is” and “as available” basis. Any materials or content you access or obtain through the Services, as well as any use of our Services, should be used entirely at your own discretion and risk. You alone will be responsible for any damages to your device, or data loss that may occur from utilizing such materials. We are not responsible for any unexpected problems like special, incidental, indirect, or consequential damages you might face while using our Services, even if those problems cause you the loss of profit, incidental issues, or any other kind of consequential damages. 

Regardless of anything to the contrary stated in this contract, you acknowledge and agree that the Company’s total liability to you for any and all claims arising from your use of the content via the App or the Website should be limited to the amounts you have paid to us for accessing and using the Services. This limitation of damages is a fundamental element of the contract between you and the Company and forms the basis of the Terms governing our relationship. 

As a California resident, you are waiving the protections given by California Civil Code Section 1542 which states “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

This section does not restrict our ability to pursue legal action against you in any other court with competent jurisdiction. We reserve the right to initiate proceedings in multiple jurisdictions simultaneously or separately, as permitted by the applicable laws in those jurisdictions. 

Specifically, unless otherwise is required by the applicable law of your residence as a consumer, the Company provides no guarantees or assurances of any kind and explicitly denies making any warranties regarding:

• whether the Services will meet your requirements;
• whether the Services will be uninterrupted, timely, secure, or free from errors;
• whether the results obtained from using the Service, including any data, will be accurate, or reliable;
• whether the quality of any data or available content on the Services will meet your expectations. 

We may change all the information provided on the Services at our sole discretion without notice. We may at any time modify or discontinue, temporarily or permanently, the Services at our sole discretion with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

Disclaimer as to the warranties and the role of Apple

In any case, we and you acknowledge that:

• These Terms are concluded between us and you only, and not with Apple. We are responsible for the Apps and all content thereof, except for the User Content. We acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps for iOS.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for providing any maintenance and support services with respect to the App.
• We, and not Apple, are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
• The Company, not Apple, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of that 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 infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You must 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.
• Apple’s subsidiaries are third party beneficiaries of the EULA, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Disclaimer as to the warranties and the role of Google

In any case, we and you acknowledge that:

• These Terms are concluded between us and you only, and not with Google, Inc (“Google”). 
• Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service.
• Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software.
• The Company, and not Google, is solely responsible for its Google-Sourced Software.
• Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to the Company’s Google-Sourced Software.

Indemnification 

You agree to defend, indemnify, and hold harmless HeyWellness, our contractors, employees, and distributors from any claims, damages, losses, costs, expenses, and liabilities arising from or related to:

• your activities on the HeyWellness Services;
• any content you submit or upload through the HeyWellness Services, in the event such functionality is provided;
• your violation or breach of these Terms. 

In any situation where you are required to indemnify us, we reserve the right to take over the exclusive control of such a situation. If we find out about any claim, legal action, or proceeding that might require you to indemnify us, we will promptly inform you about it. As a result, you must fully cooperate with us if we find sufficient claims covered by the indemnification.

Dispute Resolution 

By using our Services, you agree that the Terms and any dispute of any sort that might arise between you and us will be governed by the laws of England and Wales (excluding any choice-of-law rules). 

All disputes and disagreements that might arise from these Terms can be resolved through negotiations. To initiate the process, you should email us at the address indicated in “Reaching us out” section below, as far as we define this mail as an effective and binding method for our communication. If you intend to contact us via email, please, mention the purpose, briefly describe the problem, and leave your contact information (full name, e-mail). Otherwise, we will not be able to identify you as a user and process the request. 

If you are a resident of the EU and you feel your complaint is not adequately addressed you may use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. 

If the dispute cannot be resolved through negotiation within 30 calendar days, it will be referred to and finally resolved by the appropriate court under the laws of England and Wales, unless otherwise required by the applicable law. 

By further using of the Services, you are:

• waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
• irrevocably consenting to the exclusive jurisdiction of, and venue in, the courts of the jurisdiction of England and Wales over any disputes or claims you have with us;
• submitting yourself to the personal jurisdiction of such courts to resolve any such disputes or claims.

This section should not limit our right to take legal action against us in any other court or jurisdiction if it is required by the law applicable to our relations.

Changes to the Terms 

We reserve the right to update or modify these Terms at any time. The revised Terms will be effective once the “Last Updated” date is displayed on the Website and in the App. Depending on the significance of the changes to the Terms, we may use email to notify you about those changes. 

By continuing to use the Services since we revised the Terms, you agree to be bound by the amended Terms. If you do not agree with the changes, you should discontinue using our Services. 

Reaching you out 

From time to time, we may send emails to your email address to inform you of any changes in the Services and other important details regarding the use of the Services, and/or to share the information about the Company’s Services that we believe may be of interest to you and to offer you some new Services.

If you do not want to receive such messages, please follow the link located in each letter to unsubscribe.

Reaching us out 

For questions, comments, feedback related to the Services, as well as any complaints, or claims about them, please contact us directly through our Services contact chats, or contact our support by email at support@heywellness.com. 

HEYWELLNESS LTD. 

Registration number 15504438

86-90 Paul Street, London, 

EC2A 4NE, England.