These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the rwyadaily.app website (“Website”), “RWYA DAILY” mobile application (“Mobile Application”, “Application“ or “App“), and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator and Mobile Application developer (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Accounts and membership
You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement, you warrant and represent that you are at least 18 years of age. If you create an account on the Services, 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. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized 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.
Adult content
Please be aware that there may be certain adult or mature content available on the Services. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the Services may not be available to children under 18 under any circumstances.
Billing and payments
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.
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.
Accuracy of information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, 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 on the Services or Services 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 on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Registration
If registration is required to access some of our services on our website and/or application, then you must first enroll yourself by creating an account. To do so, you must fill in the registry form available on our website and/or application. You will choose a login and a password linked to a valid email address.
By doing so, you agree that you will keep your credential confidential, and secure at all times and that you will not communicate them to any third party.
You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Services. You must protect the confidentiality of your login details, and you should change your password periodically.
Signing In with third parties authentication, including but not limited to,
Sign-in with Apple, Google, Facebook, and Twitter authentication
These third-party services might be implemented within our application and/or website to help you sign in alongside creating an account directly on our Services.
You can either choose to register an account directly via the embedded registry form within our application and/or website, or you can use third-party authentication mechanisms.
These third-party providers are not linked with the Operator, and hence you must check and read their privacy policies and other legally binding documents that rule their services.
By using third-party authentication mechanisms, you are allowing third-party applications and/or platforms to access some of your personal data, the relationship between you and the platform is outside any kind of control of the Operator.
By using third-party authentication mechanisms, these platforms or applications might, depending on how you configured your account on their website, post, access, send messages, access, transfer personal data or personal and use personal data according to their own privacy rules and terms and conditions. These are only examples of what a third-party platform can do when you have granted them access to your data.
If you are unsure about how your data is managed while using these authentication services, you must not use them, and you should use our embedded account registration.
[https://www.google.com/intl/fr/about/company/user-consent-policy-help/]
https://support.google.com/accounts/answer/10130420#siwg&zippy=%2Chow-it-works%2Chow-data-is-shared
Third Party App Stores
You acknowledge and agree that the availability of the Service may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a "Third Party App Store"). You acknowledge that these Terms of Service are between you and the Operator and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
If you decide to enable, access, or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible, or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against the Operator with respect to such other services. The Operator is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting the Operator to disclose your data as necessary to facilitate the use or enablement of such other service.)
Premium Services and In-App Purchases
We may make certain products and/or services available to users of the RWYA DAILY Application in consideration of a subscription fee or other fees ("Premium Services"), including the ability to purchase products and services ("In-App Products").
If you choose to use Premium Services or make a purchase of In-App Products via a Third Party App Store, then the Third Party App Store will charge your account the applicable fees or charges.
Billing for Premium Services and In-App Purchases will be handled by the Third Party App Store, according to their terms disclosed to you at the time of purchase, as well as the general terms for in app purchases that apply to your Account. Some Third Party App Store may charge you sales tax, depending on where you live.
If you purchase an auto-recurring periodic subscription through an in app purchase, your Account will continue to be billed for the subscription until you cancel. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the RWYA DAILY application from your device. Deleting your member account or deleting the application from your device does not cancel your subscription; We will retain all funds charged to your Account until you cancel your subscription through your Account.
If our User cancels his subscription, the cancellation will only occur for future charges associated with that subscription. You will not receive a refund for the current billing cycle, users will continue to have the same access and benefits of your products for the remainder of the current billing period.
You might be able to get a partial or a full refund depending on where you live and based on the applicable legislation and regulation.
Our Company reserves the right to issue refunds or credits at our sole discretion.
If IAP are made within our Services, you must check the Store Terms and Conditions on how to manage and get your refund or cancellation.
You can check their condition
at https://support.apple.com/en-ph/HT204084 for Apple or at
https://support.google.com/googleplay/answer/2479637?hl=en for Google.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource 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 resources. 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 resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or 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 Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. 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 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 unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty.
The content of our Website and Application are not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your mental health professional or another qualified health provider with any questions you may have regarding your condition. Please never disregard professional advice or delay in seeking it because of something you have read, listened to, or seen on our Website and Application.
If you are currently experiencing mental health concerns, please seek professional help from a local psychologist or mental health counselor.
The content of our Website and Application are intended to serve as a self-help resource and an inspirational platform for exploring ideas related to healing and authenticity.
The quotes, texts, graphics, images, audios, videos, and other materials that are provided by us are for general information purposes only and do not constitute legal or other professional advice on any subject matter.
The information contained in them is strictly for educational and informational purposes.
In some meditations, we use binaural beats as relaxing background music.
Never listen to binaural beats if you suffer from epilepsy, any psychiatric disorder, if you are pregnant, prone to seizures, photosensitive, under the influence of medication or illegal substances, or if you wear a pacemaker. Do not drive a vehicle or operate heavy machinery while listening to binaural beats.
Use it at your own risk.
Protection of intellectual property
DMCA policy
This Digital Millennium Copyright Act policy (“Policy”) is part of our Terms and Conditions. It applies to the rwyadaily.app website (“Website”), “RWYA DAILY” mobile application (“Mobile Application”), and any of their related products and services (collectively, “Services”) and outlines how this Website operator and Mobile Application developer (“Operator”, “we”, “us” or “our”) addresses copyright infringement notifications and how you (“you” or “your”) may submit a copyright infringement complaint.
Protection of intellectual property is of utmost importance to us, and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which can be found at the U.S. Copyright Office website.
What to consider before submitting a copyright complaint
Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
Please note that if you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
The DMCA requires you to provide your personal information in the copyright infringement notification. If you are concerned about the privacy of your personal information, you may wish to hire an agent to report infringing material for you.
Notifications of infringement
If you are a copyright owner or an agent thereof, and you believe that any material available on our Services infringes your copyrights, then you may submit a written copyright infringement notification (“Notification”) using the contact details below pursuant to the DMCA by providing us with the following information:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistake and ensure compliance of your Notification.
Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material.
If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access.
Notwithstanding anything to the contrary contained in any portion of this Policy, the Operator reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.
The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.
Changes and amendments
We reserve the right to modify this Policy or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.
Reporting copyright infringement
If you would like to notify us of the infringing material or activity, we encourage you to contact us using the details below:
info@rwyadaily.com
Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of 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 the liable party 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 the Operator and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator 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 the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors 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 Services or any willful 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
Initial Dispute Resolution:
We are available by email at the address provided in the “Contacting Us“ Section to address any concerns a user may have regarding the Service.
Most concerns may be quickly resolved in this manner. For any dispute you have with the Operator, you agree to first contact us and attempt to resolve the dispute with us informally.
We each agree to resolve any dispute arising out of or in connection with or relating to this Agreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit.
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 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 courts located in 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.
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 may assign our rights under these Terms and Conditions without your approval.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the 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 authorized to access or use the Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
info@rwyadaily.com
This document was last updated on August 16, 2022