Terms and Conditions
1. Introduction
Welcome to Soma Meditation, also known as Soma: Wellness & Meditation ("we," "our," or "us"). We provide meditation services, including in-person classes, app subscriptions, retreats, and online classes worldwide. These Terms and Conditions ("Terms") govern your use of our website, mobile application, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
2. Definitions
"Content" refers to text, images, audio, video, or other material available through our Services.
"User" or "you" refers to any individual or entity using our Services.
"Subscription" refers to paid access to our app or online classes.
"Retreat" refers to in-person meditation events lasting one or more days.
3. Acceptance of Terms
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
4. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of any significant changes via email or through our Services. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.
5. User Accounts
5.1. To access certain features of our Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
5.2. You agree to provide accurate and current information when creating your account and to update your information as necessary.
5.3. Sharing your account or subscription with others is strictly prohibited. Each subscription is for individual use only.
6. Prohibited Activities
You agree not to engage in any of the following activities:
6.1. Violating any applicable laws or regulations.
6.2. Infringing upon the intellectual property rights of others.
6.3. Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
6.4. Interfering with or disrupting the integrity or performance of the Services.
6.5. Attempting to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
6.6. Using the Services for any commercial purpose without our express written consent.
6.7. Sharing your app subscription with others or allowing others to access the app using your account credentials.
6.8. Copying, recording, or capturing videos or other content from our app or online classes through screenshots, screen recording, or any other means without our express written permission.
7. Intellectual Property Rights
7.1. All content and materials available through our Services, including but not limited to text, graphics, logos, images, audio, video, and software, are the property of Soma Meditation or our licensors and are protected by copyright, trademark, and other intellectual property laws.
7.2. You may not use, reproduce, distribute, or create derivative works based upon our content without our express written permission.
8. App-Specific Terms
8.1. License: Subject to your compliance with these Terms, Soma Meditation grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the app on a single mobile device that you own or control and to run such copy of the app solely for your personal, non-commercial purposes.
8.2. Restrictions: You may not: a) Copy, modify, or create derivative works based on the app; b) Distribute, transfer, sublicense, lease, lend, or rent the app to any third party; c) Reverse engineer, decompile, or disassemble the app; d) Make the functionality of the app available to multiple users through any means; e) Use the app in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
8.3. Content and Subscriptions: a) The app may include various types of content, including but not limited to guided meditations, music, and instructional videos. This content is protected by copyright and other intellectual property laws. b) Soma Meditation offers three types of subscription plans: i. Monthly Subscription: Provides access to all app content for one month from the date of purchase. ii. Yearly Subscription: Provides access to all app content for one year from the date of purchase. iii. Lifetime Access Plan: Provides indefinite access to all current and future app content for the lifetime of the product. c) Subscription terms, including price and duration, will be disclosed to you before you purchase. d) Monthly and Yearly subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage and cancel your subscription through your app store account settings. e) The Lifetime Access Plan is a one-time purchase and does not auto-renew. It provides access to app content for the lifetime of the product, which is defined as the period during which Soma Meditation supports the app. In the event that Soma Meditation ceases to support the app, we will provide at least 30 days' notice to Lifetime Access Plan holders. f) Soma Meditation reserves the right to change the content available in the app at any time, including adding or removing meditations, courses, or features. g) While we strive to make all new content available to all subscribers, regardless of their plan type, we reserve the right to offer certain premium content at an additional cost.
8.4. Refunds and Cancellations: a) For Monthly and Yearly subscriptions, you may cancel your subscription at any time. Your cancellation will take effect at the end of your current billing period. b) Refunds for Monthly and Yearly subscriptions are provided in accordance with the refund policy of the app store through which you purchased the subscription. c) The Lifetime Access Plan is non-refundable once the statutory cooling-off period (if applicable) has expired.
8.5. Updates: Soma Meditation may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the app and/or the Services ("Updates"). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your account and stop using the app.
8.6. Third-Party Terms: The app may display, include, or make available third-party content or provide links to third-party websites or services. You acknowledge and agree that Soma Meditation is not responsible for any Third-Party Services or content.
8.7. Data Usage and Privacy: Your use of the app is subject to our Privacy Policy, which is incorporated into these Terms by reference.
8.8. Termination: We may terminate your access to the app and the Services without notice if you fail to comply with these Terms. In the case of such termination, Monthly and Yearly subscribers will not be entitled to a refund for any unused portion of their subscription. Lifetime Access Plan holders may lose access to the app and its content without compensation.
9. User-Generated Content
9.1. You retain ownership of any content you submit through our Services.
9.2. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display such content in connection with our Services.
10. Third-Party Links and Content
Our Services may contain links to third-party websites or resources. We are not responsible for the content, products, or services on or available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
11. Cancellation and Refund Policy
11.1. Bookings for courses and retreats are non-refundable. We may, at our discretion, offer to reschedule your booking if you are unable to attend on the original date.
11.2. You may have the opportunity to sell your place to another participant for retreats, subject to our approval.
11.3. Cancellation of any course payment plan invalidates your place on said course.
12. Disclaimer of Warranties
The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
13. Limitation of Liability
To the fullest extent permitted by applicable law, Soma Meditation shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
13.1. Your use or inability to use the Services.
13.2. Any unauthorized access to or use of our servers and/or any personal information stored therein.
13.3. Any interruption or cessation of transmission to or from the Services.
14. Indemnification
You agree to indemnify and hold Soma Meditation and its officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
16. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
17. Force Majeure
We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
18. Entire Agreement
These Terms constitute the entire agreement between you and Soma Meditation regarding the use of the Services, superseding any prior agreements between you and Soma Meditation relating to your use of the Services.
19. Contact Information
If you have any questions about these Terms, please contact us at sam@soma-meditation.com.
Last updated: September 13, 2024