TERMS OF USE
Last Updated: 02/12/2024
AGREEMENT TO OUR LEGAL TERMS
We are Beyondroid (OPC) Private Limited (“Company,” “we,” “us,” “our“), a company registered in India at C9 9320, Vasant Kunj C9, South West Delhi, New Delhi, Delhi 110070.
We operate the mobile application BuildThySelf (the “App“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
BuildThySelf is a transformative app designed to help you manifest your dreams and achieve personal growth. With tools like personalized affirmations, subliminals, visualizations, and guided meditations, the app empowers you to train your subconscious mind, break free from limiting beliefs, and align with your highest potential. Whether you’re setting desires for health, wealth, relationships, or self-improvement, BuildThySelf provides science-backed and spiritually inspired techniques to help you focus, transform, and create the life you envision. From creating a vision board to accessing subliminal tracks tailored to your desires, every feature is designed to support your journey toward a fulfilling and purpose-driven life.
You can contact us by email at support@beyondroid.com or by mail to C9 9320, Vasant Kunj C9, South West Delhi, New Delhi, Delhi 110070, India.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Beyondroid (OPC) Private Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will notify you of any modifications to the Services upon their publication. The updated Legal Terms will take effect immediately upon such publication, or as otherwise specified in the notice provided through official communication channels, such as the app or the email address associated with your account.
By continuing to access or use the Services after the updated terms are published, you acknowledge and agree to be legally bound by the revised terms and conditions. If you do not agree with the modifications, you must discontinue your use of the Services immediately upon publication of the updated terms.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
Important Disclaimers: Before using BuildThySelf, please be aware that the app includes features such as meditation practices and AI-generated content. These services are intended for personal growth and inspiration but are not substitutes for professional medical, psychological, legal, or financial advice. Please ensure that you read the full disclaimers provided below to understand the nature of these services.
We recommend that you print a copy of these Legal Terms for your records.
1. Our Services
The Services provided by BuildThySelf are designed to support personal growth, mindfulness, and educational purposes. These Services are made available to users in jurisdictions where their use complies with applicable laws and regulations. Accessing the Services from locations where such use is prohibited by law, or where additional compliance or registration requirements may apply, is done at the user’s own risk. Users who access the Services from outside our intended jurisdictions are solely responsible for ensuring compliance with all relevant local laws.
Health and Wellness Disclaimer
BuildThySelf offers tools and techniques, including but not limited to affirmations, visualizations, subliminals, and meditation, aimed at fostering mindfulness, reducing stress, enhancing mental clarity, and supporting personal growth. While these practices are supported by research and widely recognized for their potential benefits, BuildThySelf makes no representations, guarantees, or warranties regarding specific therapeutic, physical, or mental health outcomes.
It is important to note that mindfulness and meditation practices may not be suitable for everyone. Individuals with pre-existing mental health conditions, including but not limited to anxiety, depression, or post-traumatic stress disorder (PTSD), are strongly advised to consult with a licensed healthcare provider or mental health professional before engaging with these practices.
In rare cases, intensive meditation or mindfulness practices may contribute to emotional discomfort or exacerbate existing conditions. By using the Services, you acknowledge and voluntarily assume the inherent risks associated with such practices and agree that BuildThySelf shall not be held liable for any adverse effects, damages, or injuries resulting from the use of the Services.
The information provided through the Services is not intended to replace professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare professional for any specific concerns or conditions you may have. In the event of a medical emergency, please seek immediate assistance from appropriate medical professionals or emergency services.
Third-Party Tools and Integrations
The Services may include features or functionalities that rely on third-party tools and integrations, including but not limited to Google Cloud services, payment processors, and authentication providers. By using these features, you agree to comply with the terms and conditions of these third-party providers. BuildThySelf disclaims any liability for issues arising from the use of such third-party services, including but not limited to data breaches, service outages, or unauthorized use of user data.
Cultural Sensitivity and Inclusive Design
BuildThySelf is committed to providing Services that honor and respect the cultural diversity of its users. The mindfulness practices and techniques offered are designed to be inclusive and are not intended to promote or favor any specific cultural, religious, or spiritual belief system. Users are encouraged to adapt the practices to their individual preferences and cultural contexts.
Limitations of Liability
By using the Services, you acknowledge and agree that BuildThySelf shall not be liable for:
- Any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Services.
- Any adverse effects resulting from the application of mindfulness practices or other tools provided by the Services.
- Any unauthorized use of your uploaded content by other users or third parties.
Your use of the Services is entirely at your own risk, and it is your responsibility to ensure that the practices align with your personal health needs and circumstances.
Acknowledgment of Risk
By accessing and using the Services, you confirm that you have read and understood this section and accept the terms herein. Your continued use of BuildThySelf signifies your acknowledgment of the potential risks associated with mindfulness practices and your agreement to indemnify and hold BuildThySelf harmless from any liability or damages resulting from your use of the Services.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in India and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@beyondroid.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
When using our Services, you may submit content in various forms, including but not limited to text, writings, videos, audio, photographs, graphics, comments, suggestions, or other material (“Contributions”). These Contributions can be categorized as private or public, with corresponding rights and responsibilities outlined below.
Intellectual Property Rights of Submissions:
By submitting any question, comment, suggestion, idea, feedback, or other information related to the Services (collectively, “Submissions”), you hereby assign to us all intellectual property rights in such Submissions. You acknowledge that we shall have the unrestricted right to use, copy, reproduce, distribute, publish, or otherwise disseminate the Submissions for any lawful purpose, whether commercial or otherwise, without the obligation to provide acknowledgment or compensation to you.
Private Content:
Any content you upload to the Services that is intended for private use, including but not limited to personal affirmations, vision boards, or audio recordings (“Private Content”), shall remain confidential and will only be used for the purpose of enhancing your in-app experience, in accordance with our Privacy Policy. Such Private Content will not be considered a “Submission” unless and until you explicitly make such content publicly available through the Services.
Public Content:
Content that you choose to make publicly available, including but not limited to contributions in forums, shared vision boards, or public comments (“Public Content”), shall be deemed non-confidential and non-proprietary. By making Public Content available, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to host, use, copy, reproduce, distribute, publish, sell, resell, broadcast, reformat, translate, or otherwise exploit such Public Content for any lawful purpose, including the right to create derivative works and sublicense these rights to third parties. This license shall apply across all media formats or channels, whether now known or developed in the future.
You retain ownership of your Contributions and any intellectual property rights associated with them. However, by submitting or posting Contributions, you represent and warrant that:
1.You own the Contributions or have the necessary rights and permissions to submit them.
2.Your Contributions do not infringe upon the rights of any third party, including intellectual property, privacy, or publicity rights.
3.Your Contributions are not illegal, harmful, defamatory, obscene, harassing, abusive, discriminatory, or otherwise objectionable.
4.Your Contributions do not violate any applicable laws or regulations.
You waive any moral rights in your Contributions, to the extent permitted by law, and you confirm that no moral rights have otherwise been asserted.
We reserve the right, at our sole discretion, to edit, remove, or re-categorize any Contributions that violate these Terms or are deemed harmful, inappropriate, or otherwise objectionable. We may also suspend or terminate your account and, where necessary, report violations to the appropriate authorities. While we are not obligated to monitor your Contributions, we reserve the right to do so to ensure compliance with these Terms.
By posting Contributions, you confirm that you have read and agree to our “Prohibited Activities” section and acknowledge that you are solely responsible for the content you provide. You agree to indemnify and hold us harmless from any claims, liabilities, damages, or losses arising from your Submissions or Contributions.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. Membership Registration
(a) To access and utilize the features, Products, or Services offered through our app (hereinafter referred to as the “Services”), you must first register as a member (a “Member”). Membership registration may be completed through our app, our website, or via certain third-party social networking services. If you choose to register via a third-party service, the terms and privacy policies of that third-party service may apply in addition to these Terms.
To complete registration, you are required to provide accurate and complete personal information, including but not limited to your first name, last name, email address, and a secure password (“User Information”). Additional information may be requested to access or utilize certain features of the Services.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for restricting unauthorized access to your account and device. You agree not to register for more than one account or transfer your account credentials to any third party. Any violations may result in the termination of your membership.
(b) By registering as a Member and accessing the Services, you represent and warrant that:
- You have the legal capacity to enter into binding agreements.
- The User Information you provide is accurate, truthful, and up-to-date.
- You will maintain the accuracy of such information throughout your use of the Services.
- Your use of the Services complies with these Terms and all applicable laws and regulations.
(c) Member accounts and any associated Subscriptions, including those offered as part of Free Trials or other promotional programs, are strictly non-transferable. You agree not to sell, assign, or exchange Member accounts or Subscriptions under any circumstances.
4.1 Age Restrictions
The Services are intended solely for individuals 18 years of age or older.
If you are under the age of 18, you may not use the Services without the explicit consent and supervision of a parent or legal guardian. By using the Services, you confirm that you have obtained parental or guardian consent as required.
Parental/Guardian Responsibilities: Parents and legal guardians are solely responsible for overseeing their minor child’s use of the Services. This includes but is not limited to the creation of content such as vision boards, affirmations, desires, and any other interactive features within the Services. Parents and guardians are obligated to ensure their child’s compliance with these Terms and agree to take full responsibility for any and all actions, including the creation, sharing, and viewing of content, undertaken by the minor within the Services.
Indemnity: By consenting to the use of the Services by a minor, the parent or guardian agrees to indemnify, defend, and hold harmless Beyondroid (OPC) Private Limited, its affiliates, and licensors from and against any claims, damages, liabilities, and expenses arising from the minor’s use of the Services, including any unauthorized use, creation, or distribution of content.
5. Subscriptions and Purchases
(a) Free Desires
All user accounts are entitled to two (2) free desires upon registration. These free desires are not subject to a time limitation and will remain available for use as long as the user account remains active. Free desires provide access to basic features of the Services but do not include premium features available through subscription plans. We reserve the right to modify or revoke free desires in accordance with this Agreement or applicable policies.
(b) Automatically Renewing Subscriptions
Our Services are offered on a subscription basis, with plans billed monthly (“Subscription Term”). Subscriptions automatically renew at the end of each Subscription Term unless canceled at least 24 hours prior to the renewal date. By activating a subscription, you authorize us to charge your selected payment method for the applicable fees (“Subscription Fees”) for each Subscription Term.
(c) Subscription Upgrade Policy
You may upgrade your subscription from the Manifestor Plan to the Creator Plan during an active Subscription Term. Upon such upgrade, you will be charged a prorated amount reflecting the difference between the current plan’s subscription fee and the upgraded plan’s subscription fee, based on the remaining time in your current Subscription Term. This prorated charge will be applied immediately upon the upgrade.
The upgraded plan (Creator Plan) will become effective immediately upon payment, and any benefits associated with your previous plan (Manifestor Plan) shall cease upon activation of the upgraded plan.
For the subsequent Subscription Term, you will be charged the full Subscription Fee for the Creator Plan, and the applicable charges for that term will be billed in full.
This policy ensures that you are charged only for the remaining time in your current plan, providing a fair adjustment for the upgrade.
(d) Downgrade Policy
In the event that you choose to downgrade from a higher-tier subscription plan (e.g., from the Creator Plan to the Manifestor Plan), you will continue to receive the benefits of your current plan (Creator Plan) until the conclusion of the then-current billing cycle. The benefits associated with the downgraded plan (Manifestor Plan) will take effect starting from the subsequent billing cycle.
Upon downgrading, if applicable, the billing cycle for the new plan (Manifestor Plan) will begin at the start of the next billing period. The pricing for the downgraded plan will be applied as of the next billing cycle, and you will not be charged for the downgraded plan until that time. However, if you downgrade before the end of the current billing period, Google may not apply a prorated charge immediately, and the full amount for the new plan may be charged for the upcoming billing cycle.
If you choose to downgrade, the cancellation of the higher-tier plan (Creator Plan) will be automatically processed through the Google Play system and will take effect at the end of the current billing cycle. You will be charged for the new downgraded plan (Manifestor Plan) starting from the next billing period. You are advised to review the billing details to ensure the successful cancellation of the previous plan and the application of the downgraded plan.
Any unused features, desires, or benefits from the higher-tier plan (Creator Plan) will not be carried over to the downgraded plan (Manifestor Plan). Once the current billing cycle ends, access will be limited to the features and benefits associated with the downgraded plan.
(e) Subscription Cancellation
You may cancel your subscription at any time. Cancellations will take effect at the end of the current billing period. To cancel, you must follow the steps outlined in the Google Play Store or the applicable platform settings. Access to the Services will continue until the conclusion of the current Subscription Term. Please note that cancellation does not entitle the user to a refund for the remaining period of the Subscription Term.
(f) No Refunds
All Subscription Fees are final and non-refundable, except as required by applicable law. Partial refunds or prorated refunds for canceled subscriptions are not provided. If you believe you are entitled to a refund under applicable law, you may contact us through the support channels provided within the app.
(g) Payment Methods
Subscriptions may be purchased directly through the app using Google Play Store as the payment platform. By completing a purchase, you agree to the terms and conditions of Google Play’s payment processor. Subscription Fees will be charged in the local currency of the user’s residence.
(h) Price Adjustments
We reserve the right to modify subscription pricing and terms at our sole discretion. Any changes to subscription pricing will be communicated to users in advance and will apply to subsequent Subscription Terms following the notification. Existing subscriptions will remain unaffected until the renewal of the Subscription Term.
For full details of the subscription terms, please refer to our Subscriber Terms.
6. Prohibited Activities
You may not access or use the Services for any purpose other than those explicitly authorized by us. The Services may not be used in connection with any unauthorized or unlawful activities. By using our Services, you agree to refrain from engaging in the following prohibited activities:
General Misuse
- Attempting to bypass security measures or gain unauthorized access to non-public areas of the Services, other users’ accounts, or the app’s technical systems.
- Misrepresenting your identity, affiliations, or intentions, including impersonating another person or falsely claiming to represent an organization.
- Using the Services for commercial purposes, such as promoting or selling goods and services, without prior written approval.
Data and Content Misuse
- Collecting or scraping data from the Services, including user information, without explicit consent.
- Uploading, transmitting, or sharing content that is defamatory, obscene, abusive, harassing, threatening, or otherwise inappropriate.
- Sharing hate speech, discriminatory material, or content inciting violence or hatred.
- Uploading or sharing content that infringes on copyrights, trademarks, or proprietary rights without proper authorization.
Platform Misuse
- Introducing malware, viruses, or other harmful code to the platform.
- Engaging in behaviors that disrupt the Services or overburden its infrastructure, such as excessive API calls or spamming.
- Engaging in activities designed to manipulate or deceive the platform, including automated interactions, bots, or scripts.
- Using the Services to harass, intimidate, or threaten others.
- Targeting individuals, including minors or users with mental health challenges, for harmful, unethical, or exploitative purposes.
- Using AI-generated affirmations, subliminals, or visualizations for harmful, unethical, or illegal purposes.
- Inputting content into AI tools that could generate offensive, harmful, or inappropriate outputs.
- Uploading explicit, graphic, offensive, or irrelevant content to vision boards, desires, or other media-related features.
- Using media tools to share copyrighted material without permission.
- Entering desires or affirmations that promote self-harm, violence, or illegal activities.
- Creating content that manipulates or exploits others, or fosters unrealistic or unhealthy expectations.
- Sharing false claims or pseudoscientific information that misleads users about the efficacy of affirmations or subliminals.
- Using the app to promote or glorify self-harm, suicidal ideation, or harm to oneself or others.
Legal and Ethical Violations
- Using the Services to engage in or promote activities that violate local, national, or international laws or regulations.
- Sharing, selling, or transferring access to your account or subscription features without our explicit permission.
- Circumventing subscription payment systems or attempting fraudulent chargebacks.
- Copying, reproducing, or distributing app content for any unauthorized purpose.
Consequences of Violations
We reserve the right to suspend or terminate your account and access to the Services without prior notice if we determine that your behavior violates these terms. In cases of serious violations, we may report your actions to the relevant authorities. Violators may also be held liable for damages arising from prohibited activities.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
8. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://buildthyself.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India and United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India and United States, then through your continued use of the Services, you are transferring your data to India and United States, and you expressly consent to have your data transferred to and processed in India and United States.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These Legal Terms shall be governed by and construed in accordance with the laws of India. Beyondroid (OPC) Private Limited and you irrevocably agree that the courts of Delhi, India, shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Legal Terms.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute or difference arising between the Parties concerning the construction, meaning, scope, operation, or effect of this agreement, or its validity or breach, shall be settled by arbitration in accordance with the Rules of International Commercial Arbitration of the Indian Council of Arbitration (ICA), as amended from time to time. The arbitration shall be administered by the Indian Council of Arbitration in accordance with its Rules, which are hereby incorporated by reference. The award made in pursuance thereof shall be final and binding on the Parties.
The seat, or legal place, of arbitration shall be New Delhi, India, and the proceedings shall be conducted in English.
Arbitration Process and Rules
The arbitration shall be conducted by a sole arbitrator or a panel of three (3) arbitrators, depending on the nature and complexity of the dispute, as determined by the Indian Council of Arbitration. The arbitrators shall be selected in accordance with the ICA Rules. The arbitration shall be governed by the substantive law of India.
Restrictions
The Parties agree that the arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law:
(a) No arbitration shall be joined with any other proceeding;
(b) No Dispute may be arbitrated on a class-action basis or using class action procedures; and
(c) No Dispute may be brought in a representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following types of Disputes are not subject to the informal negotiations and binding arbitration provisions outlined above:
(a) Disputes seeking to enforce or protect any Party’s intellectual property rights;
(b) Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) Claims for injunctive relief.
If any provision of this Dispute Resolution clause is found to be illegal or unenforceable, the remaining provisions will remain in full force and effect. Any Dispute falling within the scope of this provision that is determined to be illegal or unenforceable shall be decided by a court of competent jurisdiction within the courts specified for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
15. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Health and Wellness Disclaimer:
The services and tools provided by BuildThySelf, including but not limited to affirmations, meditation, and visualization practices, are designed for personal growth, motivation, and self-improvement. However, these tools are not intended to diagnose, treat, cure, or prevent any medical or psychological condition. Users should seek advice from a licensed healthcare provider if they are considering meditation or lifestyle changes related to health or mental well-being. By using the app, you acknowledge that any actions you take based on the information provided within the app are at your own risk.
Meditation and Mental Health Disclaimer:
Meditation, mindfulness, and similar practices offered in the BuildThySelf app are intended to support your personal growth journey. However, these practices may cause emotional reactions or discomfort, particularly for individuals with a history of mental health conditions or trauma. It is advisable to consult a mental health professional before engaging in meditation or any other practices that could affect your mental state.
AI-Generated Content Disclaimer:
The content generated by the BuildThySelf app, including but not limited to affirmations, motivational texts, visualizations, and other personal development tools, is powered by artificial intelligence. This AI-generated content is not a replacement for professional advice in any domain, including medical, legal, psychological, or financial matters. The AI content is designed to provide motivational support and inspiration based on the information and preferences provided by the user. We make no claims regarding the effectiveness or accuracy of AI-generated content in addressing any specific medical, legal, or financial concerns.
Additionally, you have the ability to report or delete any AI-generated content within the app if you find it inappropriate or if it does not meet your expectations. By using the app, you acknowledge that AI-generated content is for general motivation and self-improvement purposes and may not always be fully accurate or suitable for every situation.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21.CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. EUROPEAN UNION (EU) USERS
If you are a consumer in the European Union, you are entitled to a 14-day right of withdrawal from the contract. You may withdraw from the contract without providing any reason within 14 days from the day you receive the last item or service, as applicable.
To exercise your right of withdrawal, please notify us at support@beyondroid.com within the 14-day period, and we will provide you with the instructions on how to cancel the service. For digital services, please note that you may lose your right to cancel once you begin using the service after the 14-day period has passed or if the service is fully provided within the cancellation window.
Exceptions: The right of withdrawal does not apply to certain services, including digital content (e.g., subscriptions or downloads) once they have been fully delivered or if you have explicitly agreed to begin the service before the end of the cancellation period.
23. UNITED KINGDOM (UK) USERS
For UK consumers, you have the statutory right to cancel contracts for digital content, subscription services, and products within 14 days from the date you receive the goods or services. If you wish to exercise this right, please contact us at support@beyondroid.com to request a cancellation and refund.
However, please note that, as per UK law, this right to cancel does not apply once you have begun downloading, streaming, or using the subscription service. Additionally, subscription services provided through Google Play are subject to Google’s Refund Policy. If you wish to request a refund for a subscription, Google allows you to do so within 48 hours of the initial purchase. For further assistance, please visit the Google Play support page or contact Google Play support directly.
24. AUSTRALIAN USERS
Under Australian Consumer Law, you are entitled to a remedy if the product or service you have purchased is faulty, not as described, or does not meet the guarantees set out by the Australian Consumer Law. If the service you receive does not meet these guarantees, you may be entitled to a replacement, repair, or refund.
If you believe there is an issue with the service or product, please contact us at support@beyondroid.com to resolve your issue. We will assess the matter in accordance with our obligations under Australian Consumer Law.
Please note that if you have purchased the service through Google Play, Google’s Refund Policy also applies. You may be eligible for a refund directly through Google Play under their terms. For more information about Google Play’s refund policy, please visit the Google Play Help Center or contact Google Play support.
25. CANADIAN USERS
In accordance with Canadian Consumer Protection Laws, you may cancel a service within a specific period if it does not meet the terms of the agreement. For any issues or complaints related to your subscription, please contact us at support@beyondroid.com.
Please note that subscription services provided through Google Play are subject to Google Play’s Refund Policy. Google generally allows users to request a refund within 48 hours of the initial subscription purchase. If you wish to request a refund, please follow the instructions on the Google Play support page or contact Google Play support directly.
For any other queries or issues regarding your subscription, please reach out to us, and we will assist you to the best of our ability.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Beyondroid (OPC) Private Limited
C9 9320, Vasant Kunj C9, South West Delhi
New Delhi, Delhi 110070
India
support@beyondroid.com