TERMS & CONDITIONS FOR MYDITATION

LAST UPDATED ON OCTOBER 16TH 2023

Thank you for visiting! By browsing our website & using or downloading our products you agree to our Terms of Service.

These terms and conditions govern your use of this website and our app; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our MYditation’s use of cookies in accordance with the terms of MYditation’s [privacy policy / cookies policy].]

License to use website

Unless otherwise stated, MYditation and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download the app or download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
[edit or otherwise modify any material on the website; or]
[redistribute material from this website [except for content specifically and expressly made available for redistribution].]

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without MYditation’s express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without MYditation’s express written consent.]

[Restricted access

[Access to certain areas of this website is restricted.] MYditation reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at MYditation’s discretion.

If MYditation provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

MYditation may disable your user ID and password in MYditation’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to MYditation a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to MYditation the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or MYditation or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

MYditation reserves the right to edit or remove any material submitted to this website, or stored on MYditation’s servers, or hosted or published upon this website.

[Notwithstanding MYditation rights under these terms and conditions in relation to user content, MYditation does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. MYditation makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, MYditation does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

MYditation will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if MYditation has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [NAME’S] liability in respect of any:

death or personal injury caused by MYditation‘s negligence;
fraud or fraudulent misrepresentation on the part of MYditation or
matter which it would be illegal or unlawful for MYditation to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, MYditation has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against MYditation’s officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect MYditation officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as MYditation.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify MYditation and undertake to keep MYditation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MYditation to a third party in settlement of a claim or dispute on the advice of MYditation legal advisers) incurred or suffered by MYditation arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to MYditation’s other rights under these terms and conditions, if you breach these terms and conditions in any way, MYditation may take such action as MYditation deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

MYditation may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

MYditation may transfer, sub-contract or otherwise deal with MYditation’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions [, together with the additional terms and conditions of our app,] constitute the entire agreement between you and MYditation in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with German laws and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Germany.

No advice

This website and the app contains general information about medical conditions and treatments. The information is not advice, and should not be treated as such.

Limitation of warranties

The medical information on this website is provided “as is” without any representations or warranties, express or implied. MYditation makes no representations or warranties in relation to the medical information on this website.

Without prejudice to the generality of the foregoing paragraph, MYditation does not warrant that:

the medical information on this website will be constantly available, or available at all; or
the medical information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Liability

Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website and the app) is owned by MYditation [and its licensors].

MYditation grants to you a worldwide non-exclusive royalty-free revocable license to:

view this website/app and the material on this website/app on a computer or mobile device via a web browser or the app;
copy and store this website and the material on this website in your web browser cache memory; and
print pages from this website for your own [personal and non-commercial] use.

MYditation does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without MYditation’s prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to contact@ninabeste.com

Enforcement of copyright

MYditation takes the protection of its copyright very seriously.

If MYditation discovers that you have used its copyright materials in contravention of the license above, MYditation may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of MYditation’s copyright materials that contravenes or may contravene the license above, please report this by email to contact@ninabeste.com

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to contact@ninabeste.com

MYditation’s details

Owner: Nina Beste Holistic Living Ltd

Contact: contact@ninabeste.com

Telephone: +49 (0) 173 607 1906

Address: 71-75 Shelton Street, Covent Garden, WC2H 9JQ London, UK

Credit

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Introduction

License to use website

You must not:

republish material from this website (including republication on another website);

sell, rent or sub-license material from the website;

show any material from the website in public;

reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

[edit or otherwise modify any material on the website; or]

[redistribute material from this website [except for content specifically and expressly made available for redistribution].]

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without MYditation’s express written consent.]

[Restricted access

MYditation may disable your user ID and password in MYditation’s sole discretion without notice or explanation.

User content

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or MYditation or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

MYditation reserves the right to edit or remove any material submitted to this website, or stored on MYditation’s servers, or hosted or published upon this website.

No warranties

Without prejudice to the generality of the foregoing paragraph, MYditation does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Limitations of liability

MYditation will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if MYditation has been expressly advised of the potential loss.

Exceptions

death or personal injury caused by MYditation‘s negligence;

fraud or fraudulent misrepresentation on the part of MYditation or

matter which it would be illegal or unlawful for MYditation to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

Breaches of these terms and conditions

Variation

Assignment

MYditation may transfer, sub-contract or otherwise deal with MYditation’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

Entire agreement

Law and jurisdiction

No advice

This website and the app contains general information about medical conditions and treatments. The information is not advice, and should not be treated as such.

Limitation of warranties

Without prejudice to the generality of the foregoing paragraph, MYditation does not warrant that:

the medical information on this website will be constantly available, or available at all; or

the medical information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Liability

Ownership of copyright

Copyright license

MYditation grants to you a worldwide non-exclusive royalty-free revocable license to:

view this website/app and the material on this website/app on a computer or mobile device via a web browser or the app;

copy and store this website and the material on this website in your web browser cache memory; and

print pages from this website for your own [personal and non-commercial] use.

MYditation does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to contact@ninabeste.com

Enforcement of copyright

MYditation takes the protection of its copyright very seriously.

If you become aware of any use of MYditation’s copyright materials that contravenes or may contravene the license above, please report this by email to contact@ninabeste.com

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to contact@ninabeste.com

Registrations and authorisations

Registration Number: pending

MYditation’s details

Owner: Nina Beste Holistic Living Ltd

Contact: contact@ninabeste.com

Telephone: +49 (0) 173 607 1906

Address: 71-75 Shelton Street, Covent Garden, WC2H 9JQ London, UK

Credit

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Namasté and welcome to MYditation! These terms and conditions (“Terms”, “Agreement”) are an agreement between Nina Beste (“Nina Beste”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the MYditation mobile application and any of its products or services, including the website www.myditation.com (collectively, “Mobile Application” or “Services”).

Agreement to Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS YOUR AGREEMENT TO THEM IS REQUIRED TO USE OUR SERVICES. IF YOU DO NOT AGREE TO OUR TERMS & CONDITIONS DO NOT USE OUR SERVICES.

Accounts and membership

You may use the MYditation basic features without creating an account. Registering a free account will unlock certain additional features of the app. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

To learn more about how we use your data, please refer to our PRIVACY POLICY. You agree that the use of our Services is subject to our Privacy Policy.

Billing and payments

You can unlock premium features and content of our Services, which you can purchase as monthly or yearly subscriptions.

MYditation charges all subscription fees via third parties, including but not limited to the Apple App Store and in this regard your I-tunes account, or the Google Play store and your according account. You are responsible for any additional charges that your App Provider, bank or other financial service provider may levy on you, as well as any taxes of fees that may apply to your order.

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Purchases & Subscriptions

You may unlock enhanced features and premium content in the MYditation app by purchasing monthly or yearly subscriptions. The different options, as well as the payable amounts will be shown to your inside the app prior to your purchase. Should you choose to initiate a transaction via our services, we will charge your provided payment information (like a valid credit card) through a third party payment processing account, including, but not limited to, your Apple App Store or Google Play Store account, in regards to your device and settings. You are responsible to bear any additional charges or fees by your service provider, as well as any taxes or additional fees that may apply to your order. All payments made are non-refundable and non-transferable.

You may wish to begin your subscription with a free trial period (the current free trial offer will be displayed inside the app). You will not be charged until the free trial days are completed, but you will have to decide upon a subscription and confirm it before your trial can begin. If you do not wish to automatically continue with your chosen subscription upon the termination of your trial, you have to cancel your subscription in your third party account at leats 24 hours prior to the expiration of your trial. If you do not cancel, your selected payment method will be charged.

Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, with the costs of the agreed subscription. You can manage your subscriptions and you may turn off auto-renewal by going to your user account settings after the purchase.

In case of any concerns, please do check your user account of your according store.

MYditation Premium Subscriptions

• Subscriptions are available for 1 month, 3 months or 1 year

• Payment will be charged to iTunes Account at confirmation of purchase

• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period

• Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal

• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase

• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

Accuracy of information

Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.

Backups

We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to other mobile applications

Although this Mobile Application may be linked to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.

Advertisements

During use of the Mobile Application, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Nina Beste or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Nina Beste. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Nina Beste or Nina Beste licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Nina Beste or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Mobile Application or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Nina Beste, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Nina Beste has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Nina Beste and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Nina Beste for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Nina Beste and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any wilful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Sachsen, Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Sachsen, Germany, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Feedback

We are always happy to read from you and welcome any kind of feedback or suggestions for improvements to our services. You can leave your feedback, comments and suggestions directly inside the app, by visiting the setting in your profile tab. By sending us any from the above mentioned you grant us a non-exclusive, worldwide, free of charges or royalties license to use this feedback as testimonials or the like on our websites and other publications.

License Grant

Nina Beste hereby grants you a personal, non-transferable, non-exclusive licence to use the MYditation services on your devices in accordance with the terms of this agreement.

You are permitted to load the MYditation software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the MYditation software.

You are not permitted to:

– Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things

– Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose

– Allow any third party to use the Software on behalf of or for the benefit of any third party

– Use the Software in any way which breaches any applicable local, national or international law

– use the Software for any purpose that Nina Beste considers is a breach of this agreement

Intellectual Property and Ownership

Nina Beste shall at all times retain ownership of the Software and content as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Nina Beste.

Nina Beste reserves the right to grant licences to use the Software or services to third parties.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do we will revise the updated date at the top of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

We reserve the right to terminate your access to use our services, at our sole discretion and at any point we see fit, without giving you any notice. You may amend you account details or terminate your account at any point by getting in touch with via the email address provided below. You are in charge of cancelling any subscriptions you made via your account with your App provider. This agreement shall still remain active in regards to our services and provided content.

Refund policy

Since our Mobile Application offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product in the Mobile Application.

You may however sign up for a free fully functioning trial and try the service before making a purchase, the options and conditions of the available trial shall be shown to you inside the app and are in accordance to this agreement.

Additional Disclaimer

Any content or advice offered by our services are not meant to replace professional medical advice. Some of our content includes frequencies and tones that may alter your brainwaves and are therefore not suitable for people who may suffer of any medical or health conditions. Please seek the advice of your healthcare practitioner before using such frequencies. DO NOT USE OUR SERVICES WHILST DRIVING OR OPERATING ANY SORT OF MACHINERY. THE PROVIDED SERVICES ARE MEANT FOR RELAXATION AND MEDITATION PURPOSES AND NOT TO BE USED WHILST UNDERTAKING ANY OTHER ACTIVITIES, UNLESS SPECIFIED SO INSIDE THE APP.

Any views or opinions represented in this Mobile Application are personal and belong solely to Nina Beste and do not represent those of people, institutions or organizations that the owner may or may not be associated with in professional or personal capacity unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

You may not modify, print or copy any part of the Mobile Application. Inclusion of any part of this Mobile Application in another work, whether in printed or electronic or another form or inclusion of any part of the Mobile Application in another mobile application by embedding, framing or otherwise without the express permission of Nina Beste is prohibited.

While we have made every attempt to ensure that the information contained in the Mobile Application is correct, Nina Beste is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in the Mobile Application is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Nina Beste be liable to you or anyone else for any decision made or action taken in reliance on the information in the Mobile Application or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information in the Mobile Application is for general information purposes only and is not intended to provide legal, financial, medical, or any other type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained in the Mobile Application and any pages linked to from it are subject to change at any time and without warning.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application, its and our Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Mobile Application and its nor our Services.

Contacting us

If you have any questions about this Agreement, please contact us.

Nina Beste Holistic Living Ltd

Telephone: +49 (0) 173 607 1906

E-Mail: relax@myditation.com