Terms and Conditions

The guidelines for using our services

Introduction and Acceptance

Welcome to Calmtopia. These Terms and Conditions govern your access to and use of the Calmtopia website, mobile application, and services (collectively referred to as the "Services").

By accessing or using our Services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not access or use our Services.

Last Updated: February 29, 2024

Account Registration

To access certain features of our Services, you may need to create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password confidential and notify us immediately of any unauthorized access to your account
  • Be responsible for all activities that occur under your account

You must be at least 13 years old to create an account. If you are under 18, you represent that you have your parent or guardian's permission to use our Services and that they have read and agreed to these Terms on your behalf.

Acceptable Use

When using our Services, you agree not to:

  • Use the Services in any way that violates any applicable laws or regulations
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services
  • Use the Services to harass, abuse, or harm another person, or to share content that is hateful, threatening, or pornographic
  • Use the Services for any commercial purposes without our express written consent
  • Use automated means, including spiders, robots, crawlers, or data mining tools, to download data from the Services

We reserve the right to terminate your access to the Services for violations of these acceptable use guidelines.

Subscription and Payments

Some features of our Services require a paid subscription. By subscribing to a paid plan:

  • You agree to pay the subscription fees for your selected plan
  • You authorize us to charge your chosen payment method for the subscription fees
  • Your subscription will automatically renew unless you cancel it before the renewal date
  • You can cancel your subscription at any time through your account settings or by contacting us

We may change our subscription fees from time to time. If we change the fees for your subscription, we will notify you in advance. If you continue to use the Services after the fee change takes effect, you agree to pay the updated fee.

All payments are non-refundable except as expressly provided in these Terms or when required by law.

Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by Calmtopia or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Our Content

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our express prior written consent.

Your Content

By submitting, posting, or sharing content through our Services (such as journal entries, comments, or feedback), you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, and display that content in connection with operating and providing our Services.

You represent and warrant that you own or have the necessary rights to the content you submit and that your content does not violate the rights of any third party.

Disclaimers and Limitations

Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied.

Not Medical Advice

Calmtopia provides meditation and wellbeing content for informational purposes only. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Limitation of Liability

To the fullest extent permitted by law, Calmtopia shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, or goodwill, arising out of or in connection with your access to or use of, or inability to access or use, the Services.

In no event shall our total liability to you for all claims arising out of or relating to the use of our Services exceed the amount paid by you, if any, for accessing our Services during the twelve (12) months prior to the claim.

Termination

We may terminate or suspend your account and access to the Services at our sole discretion, without prior notice or liability, for any reason, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms and Conditions or your use of the Services shall first be resolved through good faith negotiations. If such negotiations fail, you agree that any claim or dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Any arbitration shall be conducted in English and the seat of arbitration shall be in San Francisco, California. The decision of the arbitrator shall be final and binding.

Changes to Terms and Conditions

We may update our Terms and Conditions from time to time. We will notify you of any changes by posting the new Terms and Conditions on this page and updating the "Last Updated" date.

You are advised to review these Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on this page.

Your continued use of the Services after we post changes to the Terms and Conditions constitutes your acceptance of those changes.

Miscellaneous

Entire Agreement: These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Calmtopia regarding your use of the Services.

Severability: If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms and Conditions without our prior written consent. We may assign or transfer these Terms and Conditions at our sole discretion.

Contact Us

If you have any questions or concerns about our Terms and Conditions, please contact us:

Email: legal@calmtopia.com
Address: 123 Peaceful Avenue, Suite 456, Tranquility, CA 94000