Legalities around services, usage, purchase & more...Terms of services

NueraSense Technologies Pvt. Ltd. (“Nirvana”) provides our website located at https://www.nirvanaapp.org (the “Site”) and our wellness services accessible via our Site and our mobile device application (“App”) To make these Terms easier to read, the Site, our services, App and Platforms are collectively called the “Services.” These Terms of Use are a legally binding agreement between the company, organisation or individual subscribed to, accessing, and/or using the Services (“User” or, collectively with other users, “Users”) and Nirvana regarding use of the Services. Please read these Terms of Service (the “Terms”) carefully because they govern User’s use of our Services.

Agreement to Terms

By using our Services, User agrees to be bound by these Terms. If User does not agree to be bound by these Terms, please do not use the Services.

Privacy Policy

Our Privacy Policy, available at http://nirvanaapp.org/privacy-policy page explains our practices regarding the collection, use and disclosure of information that we process in the course of our business, including information we receive through our Services and other online or offline offerings. The Privacy Policy is incorporated by reference into these Terms, so we encourage User to read and understand it.

Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we will let User know either by posting the modified Terms on the Site or through other communications. It is important that User reviews the Terms whenever we modify them because if User continues to use the Services after we have posted modified Terms on the Site, User is indicating to us that User agrees to be bound by the modified Terms. If User does not agree to be bound by the modified Terms, then User may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Arbitration Notice

Unless User opts out of arbitration within 30 days of the date User first agrees to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, User agrees that disputes between User and Nirvana will be resolved by binding, individual arbitration and User is waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Who May Use the Services

Eligibility

User may use the Services only if User is 18 years or older and not barred from using the Services under applicable law.

Registration and Your Information

If User wants to use certain features of the Services User will have to create an account (“Account”). User can do this via the App or the Site or through User account with certain third-party social networking services such as Google or Facebook (each, an “SNS Account”). If User chooses the SNS Account option we will create User Account by extracting from User’s SNS Account certain personal information such as User name and email address and other information that User’s privacy settings on the SNS Account permit us to access.

It is important that User provide us with accurate, complete and up-to-date information for User Account and User agrees to update such information, as needed, to keep it accurate, complete and current. If User does not, we might have to suspend or terminate User Account. User agrees to not disclose User Account password to anyone, and User will notify us immediately of any unauthorized use of User Account. User is responsible for all activities that occur under User Account, whether or not User knows about them.

Using the Services

Via the Services, Users can select from a variety of options to create customized meditation and movement classes. User can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.

User understands and agrees that the Services, Products and any other information User learns from Nirvana are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of User health, or to be a substitute for professional medical care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. User understands and agrees that User is solely responsible for User’s use of the Services.

Purchases

Fees

Nirvana offers certain enhanced features of the Services that User can purchase as a subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When User purchases a Subscription or a Product (each, a “Transaction”), we may ask User to supply additional information relevant to User’s Transaction, such as User’s credit card number, the expiration date of User’s credit card and User’s address(es) for billing and delivery (such information, “Payment Information”). User represents and warrants that User has the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by User for a Transaction through the Services will be presented to User before User places any order. If User chooses to initiate a Transaction via the Services, User authorizes us to provide User Payment Information to third party service providers so we can complete User’s Transaction and agrees (a) to pay the applicable fees and any taxes; (b) that Nirvana may charge User’s credit card or third party payment processing account, including, but not limited to, User’s account with the app store or distribution platform (like the Apple App Store, Google Play, our web site or the Amazon Appstore, Slack App Store, Teams App Store or Zoom App Store) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that User’s App Provider, bank or other financial service provider may levy on User as well as any taxes or fees that may apply to User’s order.

User will receive a confirmation email after we confirm the payment for User’s order. User’s order is not binding on Nirvana until accepted and confirmed by Nirvana. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If User has any concerns or objections regarding charges, User agrees to raise them with us first and User agrees not to cancel or reject any credit card or third-party payment processing charges unless User has made a reasonable attempt at resolving the matter directly with Nirvana.

Nirvana reserves the right to not process or to cancel User’s order in certain circumstances, for example, if User’s credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Nirvana deems appropriate in its sole discretion. Nirvana also reserves the right, in its sole discretion, to take steps to verify User’s identity in connection with User’s order. User may need to provide additional information to verify User’s identity before completing User’s Transaction (such information is included within the definition of Payment Information). Nirvana will either not charge User or refund the charges for orders that we do not process or cancel.

Subscriptions Automatically Renew Until User Cancels & How to Cancel User 

Subscription

All amounts are payable and charged: (i) For one-off purchases, at the time User places your order; and (ii) Subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until User cancels it, at the time of each renewal until User cancels, using the Payment Information you have provided.

User must cancel monthly or yearly Subscription before it renews to avoid billing of the fees for the next Subscription period. If User purchases a Subscription via the Site, User can cancel the renewal of User’s subscription at any time by contacting us by email at support@nirvanaapp.org

If User purchases Subscription via an App Provider (such as Apple App Store or Google Play), User can cancel the renewal of User’s subscription at any time with the App Provider. User will not receive a refund for the fees already paid for User’s current Subscription period and User will continue to receive the Services ordered until the end of the current Subscription period.

Changes to Price Terms for Subscriptions

Nirvana reserves the right to change its pricing terms for Subscriptions at any time and Nirvana may not notify User in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to User. If User does not agree with the changes to Nirvana’s pricing terms, then User may choose not to renew Subscription in accordance with the section “Subscriptions Automatically Renew Until User Cancels & How to Cancel User Subscription.”

Future Functionality

User agrees that purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Nirvana regarding future functionality or features.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). Users can submit Feedback by emailing us at support@nirvanaapp.org User grants to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that User owns or controls to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

Content Ownership

Nirvana and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. User acknowledges that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. User agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights Granted by User

By using the Services User (i) acknowledges and agrees that the performance of Services, including video and audio of User, may be recorded by Nirvana and such recordings will constitute Content (such recordings of User and any intellectual property rights User may have in such recordings are referred to in these Terms as “User Content”), (ii) consent to such recording, and (iii) grant to Nirvana a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and otherwise exploit any User Content in connection with operating and providing the Services.

Rights Granted by Nirvana

Subject to User’s compliance with these Terms, Nirvana grants User a limited, non-exclusive, non-transferable, non sub-licensable license to download, view, copy and display the Content solely in connection with User’s permitted use of the Services and solely for User’s personal and non-commercial purposes.

Rights and Terms for Apps

Rights in App Granted by Nirvana

Subject to User’s compliance with these Terms, Nirvana grants User a limited, non-exclusive, non-transferable, non sub-licensable license to download and install a copy of the App on a mobile device or computer that User owns or controls and to run such copy of the App solely for User’s own personal and non-commercial purposes. Nirvana reserves all rights in and to the App not expressly granted to User under these Terms. User may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, User may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

Additional Terms for App Store Apps

If User accessed or downloaded the App from the Apple App Store, then User agrees to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If User accessed or downloaded the App from an App Provider, then User acknowledges and agrees that:

• These Terms are entered into between you and Nirvana, and not with the App Provider, and that, as between Nirvana and the App Provider, Nirvana is solely responsible for the App.
• App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• User will consult with User’s physician before beginning any live or on demand class on Nirvana. If User engages in this exercise or exercise program, User agrees that User does so at User’s own risk and agrees to release and discharge Nirvana from any and all claims or causes of action, known or unknown, arising out of using Nirvana
• In the event of any failure of the App to conform to any applicable warranty, User may notify App Provider and App Provider may refund the purchase price for the App to User (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. As between Nirvana and App Provider, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Nirvana.
• App Provider is not responsible for addressing any claims User has or any claims of any third party relating to the App or User’s possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or User’s possession and use of the App infringes that third party’s intellectual property rights, Nirvana will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to User’s license of the App, and that, upon User’s acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to User’s license of the App against User as a third-party beneficiary thereof.
• User must also comply with all applicable third-party terms of service when using the App.
• User agrees to comply with all Indian and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App User represents and warrants that: (i) User is not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a “terrorist supporting” country; and (ii) User is not listed on any Indian Government list of prohibited or restricted parties.

Prohibitions

User agrees not to do any of the following:

• Post, upload, publish, submit, transmit or otherwise make available any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Use, display, mirror or frame the Services, or any individual element within the Services, Nirvana’s name, any Nirvana trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Nirvana’s express written consent;
• Access, tamper with, or use non-public areas of the Services, Nirvana’s computer systems, or the technical delivery systems of Nirvana’s providers;
• Attempt to probe, scan, or test the vulnerability of any Nirvana system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Nirvana or any of Nirvana’s providers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Nirvana or other generally available third-party web browsers;
• Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
• Use any meta tags or other hidden text or metadata utilising a Nirvana trademark, logo URL or product name without Nirvana’s express written consent;
• Use the Services for any commercial purpose or the benefit of any third party or in any manner not expressly permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or behavior to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. User acknowledges sole responsibility for and assumes all risk arising from, use of any third-party websites or resources.

Termination

We may terminate User’s access to and use of the Services, at our sole discretion, at any time and without notice to User. User may cancel User’s Account at any time by sending an email to us at support@nirvanaapp.org. If User purchases Subscription via an App Provider, User should also cancel Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or User’s Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity

User will indemnify and hold harmless Nirvana and its officers, directors, employees, advisors and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) User’s access to or use of the Services or Content or (ii) your violation of these Terms.

Limitation of Liability

Neither Nirvana nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these Terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Nirvana has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will Nirvana’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services, Products or Content exceed the amounts User has paid to Nirvana for use of the Services, Products or Content or fifty dollars ($50), if User has not had any payment obligations to Nirvana, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Nirvana and User.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of law’s provisions.

Agreement to Arbitrate

User and Nirvana agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, User will also have the right to litigate any other Dispute if you provide Nirvana with written notice of your desire to do so by email at support@nirvanaapp.org within thirty (30) days following the date User first agrees to these Terms (such notice, an “Arbitration Opt-out Notice”). If User does not provide Nirvana with an Arbitration Opt-out Notice within the thirty (30) day period, User will be deemed to have knowingly and intentionally waived the right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if User provides Nirvana with an Arbitration Opt-out Notice, will be the state and federal courts located in the state of Nirvana’s principal place of business and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless User timely provides Nirvana with an Arbitration Opt-out Notice User acknowledges and agrees that User and Nirvana are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both User and Nirvana otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless User and Nirvana otherwise agree, the arbitration will be conducted in the county where the company is headquartered. If User’s claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that User and Nirvana submit to the arbitrator, unless User requests a hearing, or the arbitrator determines that a hearing is necessary. If User’s claim exceeds $10,000, User’s right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If User prevails in arbitration, User will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Nirvana will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

User’s responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if User’s claim for damages does not exceed $75,000, Nirvana will pay all such fees unless the arbitrator finds that either the substance of User’s claim or the relief sought in User’s Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Modification” section above, if Nirvana changes this “Dispute Resolution” section after the date User first accepted these Terms (or accepted any subsequent changes to these Terms), User may reject any such change by sending us written notice (including by email to support@Nirvanaapp.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Nirvana’s email to User notifying User of such change. By rejecting any change, User is agreeing to arbitrate any Dispute between User and Nirvana in accordance with the provisions of this “Dispute Resolution” section as of the date User first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Nirvana and User regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Nirvana and User regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if User timely opts out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

User may not assign or transfer these Terms, by operation of law or otherwise, without Nirvana’s prior written consent. Any attempt by User to assign or transfer these Terms, without such consent, will be null and of no effect. Nirvana may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Nirvana under these Terms, including those regarding modifications to these Terms, will be given: (i) by Nirvana via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Nirvana’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Nirvana. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms

Contact Information

If you have any questions about these Terms or the Services or Products, please contact Nirvana at support@nirvanaapp.org.