INTRODUCTION
These Terms of Use govern the use of the content and services offered through the Hey-Unmei application ("Hey-Unmei App" or "App"), the Hey-Unmei website, and Hey-Unmei social media accounts (collectively, the "Services"). The terms "user" or "you" refer to the user of the Services. By using or accessing our Services, you accept these Terms of Use.
Hey-Unmei Privacy Policy is an integral part of these Terms of Use. Your use of the Services is subject to that Privacy Policy, which is available on our Privacy Policy page.
Hey-Unmei APP General rules
By using the Hey-Unmei App, you are subject to these Terms of Use and to any rules or policies applied by any App Store provider from whose site you download the App (the "Provider"). We license use of the Hey-Unmei App to you on the basis of these Terms of Use. We, or our affiliates and third-party licensors where applicable, remain the owners of the Hey-Unmei App at all times.
App account and Subscriptions
To use Hey-Unmei Services registration is not required, but to download and use the Hey-Unmei App you must sign in with your Apple ID or Google ID.
Relevant rules of Apple Inc. and Google Inc. respectively located at https://www.apple.com/itunes and https://play.google.com/store apply. If you use a Provider other than those listed above, you are subject to that Provider's terms and conditions. Please contact your Provider in connection with any issues regarding your account.
Hey-Unmei App offers Pro and Max subscription plans that grant you access to additional features. You can purchase or subscribe to the Hey-Unmei Pro and Max plans or other paid products. By paying the subscription fee, you get access to the subscribed plan during the period in which your subscription remains valid, subject to these Terms of Use.
All subscriptions for Hey-Unmei Pro and Max are paid in advance. You may terminate your membership at any time, in which case your membership will remain valid for the subscription period you have already paid for. You consent to start using the Services immediately upon subscribing to Hey-Unmei Pro and Max or other paid products. This means you will only have seven days to withdraw from the contract with Hey-Unmei from the date you receive confirmation of your subscription by email if you do not start using the service during that period. Hey-Unmei reserves the right to change subscription fees from time to time.
Users who purchase subscriptions for the Hey-Unmei App through the App Store, Google Play Store, or any other Provider are governed by the Provider's own terms and conditions. Please contact your Provider in connection with any issues regarding payments, renewals, and refunds.
If you have subscribed to a Hey-Unmei Pro and Max plan through the App Store, Google Play Store, or any other Provider using in-app purchase, you can only cancel your subscription through those services. Apple subscription purchases are handled by Apple Inc. Hey-Unmei does not have access to your billing information and cannot issue a refund. To request a refund or resolve other subscription issues, please contact Apple Inc. Google Play subscription purchases are handled by Google Inc. Hey-Unmei does not have access to your billing information and cannot issue a refund. To request a refund or resolve other subscription issues, please contact Google Inc.
You can at any time choose to cancel or end your account by contacting the Provider. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription. You must actively cancel the subscription. If you subscribed through the App Store, Google Play Store, or another Provider, you can only cancel your subscription through that Provider's services. To find out how to cancel the subscription or your account, please follow the instructions in the App or contact your Provider for help.
Age
Hey-Unmei App is not directed to individuals under the age of sixteen (16). To use the App, you agree that you must be 16 or older. However, if applicable law requires a higher age so that Hey-Unmei can lawfully provide the Services to you without parental consent, including with respect to the use of your personal data, then you must meet that minimum age.
Using App
Hey-Unmei is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you are paying for.
It is your responsibility to keep your phone and access to the Hey-Unmei App secure. We therefore recommend that you do not jailbreak or root your phone, which removes software restrictions and limitations imposed by the official operating system of your device. Doing so could make your phone vulnerable to malware, viruses, or malicious programs, compromise its security features, and cause the Hey-Unmei App not to work properly or at all.
Certain functions of the App require an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider. We cannot take responsibility for the App not working at full functionality if you do not have access to Wi-Fi or you have no remaining data allowance.
If you use the App outside of an area with Wi-Fi, the terms of your agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data used while accessing the App or for other third-party charges. By using the App, you accept responsibility for such charges, including roaming data charges if you use the App outside of your home territory without turning off data roaming.
You also need to make sure that your device stays charged. If it runs out of battery and you cannot turn it on to use the service, Hey-Unmei cannot accept responsibility.
Although we endeavor to ensure that the App is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Hey-Unmei accepts no liability for any direct or indirect loss you experience as a result of relying wholly on this functionality of the App.
At some point, we may wish to update the App. The App is currently available on iOS and Android, and the requirements for those systems, as well as any additional systems we may support in the future, may change. You will need to download updates if you want to keep using the App. Hey-Unmei cannot guarantee that it will always update the App so that it remains relevant to you or works with the iOS or Android version installed on your device.
We may also stop providing the App and may terminate your use of it at any time without giving notice of termination. Unless we tell you otherwise, upon any termination: (a) the rights and licenses granted to you in these Terms will end; and (b) you must stop using the App and, if needed, delete it from your device.
If you are not the bill payer for the device on which you are using the App, please be aware that we assume you have received permission from the bill payer to use the App.
MEDICAL DISCLAIMER
Hey-Unmei App provides mobile meditation and reflection, mindfulness, mood tracking, and journaling content which, together with emotive influences analysis, serves users in improving well-being. Hey-Unmei is not a health care or medical provider, and the Services should not be considered medical advice.
While meditation and other techniques are provided in the Hey-Unmei App in consultation with psychologists as assistance in prevention and recovery processes for a wide array of conditions, as well as in improving some performance issues, Hey-Unmei makes no claims, representations, or guarantees that the App provides a physical or therapeutic benefit.
PRACTICES CONDUCTED WITH THE HEY-UNMEI APP ARE NOT A REPLACEMENT FOR OR A FORM OF THERAPY NOR ARE THEY INTENDED TO CURE, TREAT, OR DIAGNOSE MEDICAL CONDITIONS. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN DO THAT. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH.
SHOULD YOU HAVE DEPRESSION, HAVE BEEN DIAGNOSED WITH ANOTHER MENTAL DISORDER, OR HAVE OTHER EXISTING MENTAL HEALTH CONDITIONS, ALWAYS SPEAK TO A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING HEY-UNMEI PRACTICES SO YOU CAN DISCUSS YOUR OPTIONS AND THE USE OF THE HEY-UNMEI APP IN YOUR PARTICULAR CASE.
IF YOU HAVE SERIOUS MENTAL HEALTH CONDITIONS OR ARE AT RISK OF HARMING YOURSELF OR ANOTHER PERSON, YOU SHOULD SEEK URGENT MEDICAL ADVICE OR CALL EMERGENCY SERVICES.
To the extent that you participate in any movement content in the App, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician or other qualified healthcare provider prior to beginning or modifying any exercise program, especially if you have any illness or condition. You acknowledge that Hey-Unmei has advised you of the necessity of doing so.
COPYRIGHTS
Subject to these Terms and Conditions, Hey-Unmei grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Services, including downloading and making personal non-commercial use of the Hey-Unmei App on your mobile or tablet device.
All elements contained in the Services, including software, the App, App content, the website, and website or social media page content (together, the "Materials") are owned by Hey-Unmei, or our affiliates and third-party licensors where applicable, and are protected under applicable copyright, trademark, and other proprietary rights, including intellectual property rights. You agree and acknowledge that you do not acquire any ownership rights in these Materials.
The Materials may not be used except as provided in these Terms and Conditions. The Materials are not intended for your commercial use. You are authorized to share a limited amount of content provided by Hey-Unmei on your personal social media accounts, your blog, or other online commentary, analysis, or review. You may not modify that content. You agree not to publish such content in a false, inaccurate, or misleading context or in a context that is, or encourages activity that is, unlawful, harmful, threatening, abusive, hateful, or otherwise objectionable.
You may not otherwise download, display, copy, reproduce, distribute, publish, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content or other Materials without prior consent from Hey-Unmei.
All trademarks, logos, images, company names, and brands displayed or referred to in the Services are the property of Hey-Unmei or their respective owners. You have no license or right to use, alter, remove, or copy them. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use the Services and may subject you to legal liability.
USER'S RESPONSIBILITIES
- You agree not to use the Services for illegal purposes, including unlawful, harassing, libelous, privacy-invasive, abusive, threatening, or obscene purposes, and you agree to comply with all laws, rules, and regulations related to your use of the Services.
- You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purpose.
- You may not misuse the Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Hey-Unmei, ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR FOR LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Hey-Unmei HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
To the extent permitted by applicable law, the aggregate liability of Hey-Unmei, its affiliates, employees, agents, suppliers, and licensors arising out of or in connection with the Services and these Terms of Use will not exceed the lesser of the amounts paid by you to Hey-Unmei for the Services at issue during the 12 months prior to the event giving rise to liability.
You use the Services at your own risk. The Services are provided "AS IS", without warranties of any kind, and neither Hey-Unmei nor your Provider warrants that the Services or their availability will be uninterrupted or error free. Hey-Unmei and your Provider do not assume responsibility for errors or omissions in information, software, or other documents referenced by or linked to the Services. In no event shall Hey-Unmei or the relevant Provider be liable for any consequences of using links to third-party websites.
Any Materials are intended for general information purposes only. We are not liable or responsible for any consequences of your having read or been told about such Materials, as you assume full responsibility for your decisions and actions. To the fullest extent permitted by law, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the Materials and information published as part of the Services.
APPLICABLE LAWS AND JURISDICTIONS
For users located in the United States, this agreement is governed by the laws of the State of California and the United States, without regard to choice-of-law or conflict-of-law rules. The exclusive jurisdiction and venue for actions related to the subject matter of this agreement shall be the federal and state courts located in San Francisco County, California, United States.
For users located in other countries, including the European Union, this agreement is governed by the laws of Poland and the venue of the courts located in Warsaw, Poland.
CHANGES TO TERMS & CONDITION
Hey-Unmei reserves the right to change or update these Terms of Use or any other policies or practices at any time and will notify users by posting updated terms, policies, or practices on this page. Any changes or updates will be effective immediately upon posting. Your continued use of the Services constitutes your agreement to abide by the Terms of Use, policies, or practices as changed. Under certain circumstances we may also notify you of changes by additional means, such as email or notifications in the Hey-Unmei App.