End-User License Agreement (EULA) of Moving Mind Meditation

This End-User License Agreement (“EULA”) is a legal agreement between you and the company Moving Mind ApS, a limited liability company, domiciled in the Kingdom of Denmark.

This EULA agreement governs your acquisition and use of our Moving Mind Meditation App (“the App”) directly from Moving Mind ApS or indirectly through Apple’s App Store or Google Play.

This End-User License Agreement (“EULA”) is a legal agreement between you and the company Moving Mind ApS, a limited liability company, domiciled in the Kingdom of Denmark.

This EULA agreement governs your acquisition and use of our the App directly from Moving Mind ApS or indirectly through Apple’s App Store or Google Play, as well as the use of the movingmind.net Website.

Please read this EULA agreement carefully before completing the installation process and using the App. It provides a license to use the App and contains warranty information and liability disclaimers.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the App, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the App supplied by Moving Mind ApS herewith regardless of whether other apps are referred to or described herein. The terms also apply to any updates, supplements, Internet-based services, and support services for the App, unless other terms accompany those items on delivery. If so, those terms apply.

1. Introduction.

Moving Mind ApS develops mobile applications (“Our Products”).

Our Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group (“Apple”).

Our Android Applications may be downloaded from Google Play, which is owned and operated by Google Inc. and other companies within its group (“Google”).

The Moving Mind Meditations App, all data objects in it or downloaded by it, and all content offered as part thereof, are collectively referred to herein as the “Services” and are offered to you by Moving Mind ApS.

Our goal is to help people relax, sleep, build self-esteem, visualize goals and become better at being themselves. Our Products offer content, audio files, video files and text, images and other information and services.  We develop our Products for entertainment purposes, and we never guarantee any particular outcome of using our products. It is your own responsibility to consult your physician or doctor before starting any meditation program, if you are concerned about health issues in regard hereto. Subscribers, customers, users, and anyone who download, access, use, purchase and/or subscribe to the Services (“you”) agree to these terms and conditions (the “Terms of Use”). By agreeing to these Terms and Conditions you confirm that you are solely responsible for any outcome of using our Services. These Terms of Use govern your use of the Services and are a condition for your use of the Services.

2. Acceptance of Terms and Conditions.

By using Our Products and Services you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. Moving Mind ApS reserves the right to amend these Terms and Conditions at any time without prior notice. The up-to-date version of these Terms and Conditions will be available on the official website of Moving Mind ApS (movingmind.net) and any changes will come into effect immediately upon posting. By continuing to use our products you agree to amended terms and conditions.

3. License Grant

Moving Mind ApS hereby grants you a personal, non-transferable, non-exclusive licence to use the Moving Mind Meditation App on your devices in accordance with the terms of this EULA agreement. Some sections or individual items inside the App, may be subject to subscription access.

You are permitted to load the Moving Mind Meditation App on your device. You are responsible for ensuring your device meets the minimum requirements of the Moving Mind Meditation App.

You are not permitted to: Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the App nor permit the whole or any part of the App to be combined with or become incorporated in any other App, nor decompile, disassemble or reverse engineer the App or attempt to do any such things Reproduce, copy, distribute, resell or otherwise use the App for any commercial purpose Allow any third party to use the App on behalf of or for the benefit of any third party Use the App in any way which breaches any applicable local, national or international law use the App for any purpose that Moving Mind ApS considers is a breach of this EULA agreement

4. Intellectual Property.

The texts, graphics, designs, logos, button icons, images, data compilations and information (“Content”) contained in Our Products and Services are Intellectual Property of Moving Mind ApS (or belongs to it) and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are the property of Moving Mind ApS, except the logo of the App Store, which is a trademark of Apple and the logo of the Google Play store, which is a trademark of Google. No trademarks may be used without prior written consent of Moving Mind ApS except to identify the products or services associated therewith. Our Products and all related content, copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Moving Mind ApS.

5. Legality of Use.

By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.

6. Subscriptions.

The Moving Mind Meditation App offer subscriptions that grant you access to otherwise locked content. Some of our subscriptions may include a free trial period, where you can experience the entire application for a determined period of time at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription before the free trial ends.

We offer monthly and annual subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Wallet Account after you choose one of our subscriptions and confirm your purchase.

Paid subscriptions automatically renew, unless auto-renew is turned off, until cancelled in the Manage Subscriptions section of your account settings.

If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. You will be charged no more than 24 hours prior to the end of the latest paid subscription period, if set to renew.

7. Representations and Warranties, Limitation of Liability.

Our Services and Products are provided “as is” without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, used for a particular purpose, or non-infringement. Moving Mind ApS makes no representation or warranty that the information contained in our Services and/or Products will be current, timely, complete, accurate or error-free. To the extent that the law does not permit the disclaimer of warranties, all content accessible in our services and products, or any other web site to which our services and products link, is warranted only to the minimum amount legally required. In no event shall Moving Mind ApS be liable to any party for any direct, indirect, special or other consequential damages for any use of this in our services and products, or on any linked web site, including, without limitation, any lost profits, business interruption or otherwise. Moving Mind ApS shall be liable as currently provided by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort) only if Moving Mind ApS has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Moving Mind ApS shall not be liable to other businesses and shall be liable to consumers only for personal damages Moving Mind ApS shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

8. Restrictions on Use of the Service.

In addition to any other restrictions set forth in Terms and Conditions, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, App, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the App or source code comprising or making up the Service; delete or alter any material Moving Mind ApS or any other person or entity Posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved App through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Moving Mind ApS. or obtained from the Service; provide any false personal information to Moving Mind ApS; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or use.

9. Maintenance.

Moving Mind ApS is not responsible for any outages or service interruptions that occur from time-to-time when using Our Products, including those due to App, hardware or power failures, or issues at the wireless carrier level. In addition, Moving Mind ApS is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. Moving Mind ApS, in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.

10. Disclaimer of warranties.

You agree that the use of the services is entirely at your own risk. The services are provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. The company does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. the company makes no warranties as to the results that may be obtained from the use of the services or as to the accuracy, quality, or reliability of any information obtained through the services. The company disclaims any warranties for other services or goods received through or advertised on the services, or accessed through any links on the services. The company disclaims any warranties for viruses or other harmful components in connection with the services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

11. Limitations of liability.

Under no circumstances shall the company be liable for any damages resulting directly or indirectly from any aspect of your use of the website, content or services. You must evaluate, and agree to bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that the company is not liable for the defamatory, offensive or illegal conduct of users or third parties. Additionally, in no event will the company be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use the services; (2) the cost of procurement of substitute services, items, or website; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the services; or (5) any other matter relating to the services. These limitations will apply whether or not the company has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between you and the company and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this terms of use and your access to the websites and services would be substantially different. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

12. Termination.

This EULA agreement is effective from the date you first use the App and shall continue until terminated. You may terminate it at any time by uninstalling the App from your device. *In order for termination to take effect, you must erase all aspects of the App, including any locally stored data items of the App.

It will also terminate immediately if you fail to comply with any term of this EULA agreement.

Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Services. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

13. Governing Law.

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the Kingdom of Denmark.