Terms & Conditions

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Terms and Conditions

Agreement between User and Refocus App

Welcome to Refocus App LLC. Refocus App provides a website located at www.refocusapp.com (the "Site") and mindfulness and meditation services via our site and our Refocus Now mobile device application (the "App"). The www.refocusapp.com website (the "Site") and the Refocus Now mobile device application (the "App") is operated by Refocus App LLC ("Refocus App"). www.refocusapp.com and Refocus Now mobile app is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.refocusapp.com and the Refocus Now mobile app constitutes your agreement to all such Terms. Please read these terms carefully, as they govern your use of our services.

Refocus Now App (the "App") is a mindfulness and mental health app providing audio exercises for purchase in a subscription based payment model. Subscribing to the premium content (either a monthly or annual subscription) allows users to full site access of all content for the duration of their subscription payment.

Privacy

Your use of www.refocusapp.com and the Refocus Now App mobile app is subject to Refocus App's Privacy Policy. Please review our Privacy Policy, which also governs the Site and App and informs users of our data collection practices.

Electronic Communications

Visiting www.refocusapp.com or sending emails to Refocus App constitutes as electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, tablet, or phone, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Refocus App is not responsible for third party access to your account that results from theft or misappropriation of your account. Refocus App and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Refocus App does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.refocusapp.com only with permission of a parent or guardian.

Subscriptions Pricing and Terms

Refocus Now App offers certain enhanced features of the App which you can purchase as a monthly or yearly subscription (“Subscription”). When you purchase a Subscription, we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the App will be presented to you before you place your order. If you choose to initiate a Transaction via the App, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Refocus Now may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) 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 your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Refocus Now App until accepted and confirmed by Refocus Now. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Refocus Now.

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

Apple -
You can cancel a subscription from Apple, or a subscription you purchased in an app, directly in the App Store on your device. Contact support.apple.com for further cancellations.

Google Play -
Subscriptions on Google Play are for an indefinite term, and you’ll be charged at the beginning of each billing cycle according to your subscription terms (for example, weekly, annually, or another period), unless you unsubscribe.

Make sure to sign in to the Google Account that has your subscriptions. Contact support.google.com to cancel an existing subscription.

Links to Third Party Sites/Third Party Services

www.refocusapp.com and Refocus Now mobile app may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Refocus App, and Refocus App is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Refocus App is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Refocus App of the site or any association with its operators.

Certain services made available via www.refocusapp.com and Refocus Now mobile app are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.refocusapp.com domain or the Refocus Now mobile app, you hereby acknowledge and consent that Refocus App may share such information and data with any third party with whom Refocus App has a contractual relationship to provide the requested product, service or functionality on behalf of www.refocusapp.com and Refocus Now mobile app users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.refocusapp.com and Refocus Now mobile app (the "App") strictly in accordance with these terms of use. As a condition of your use of the Site or App, you warrant to Refocus App that you will not use the Site or App for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or App in any manner which could damage, disable, overburden, or impair the Site or App or interfere with any other party's use and enjoyment of the Site and App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or App.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site or App, is the property of Refocus App or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or App. Refocus App content is not for resale. Your use of the Site and/or App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Refocus App and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Refocus App or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Refocus App from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Refocus App Content accessed through www.refocusapp.com or the Refocus Now mobile app in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Refocus App, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Refocus App reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Refocus App in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Refocus App agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REFOCUS APP LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

REFOCUS APP LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. REFOCUS APP LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REFOCUS APP LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REFOCUS APP LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Refocus Now App reserves the right, in its sole discretion, to terminate your access to the Site or App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site and App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Refocus App as a result of this agreement or use of the Site or App. Refocus App's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Refocus App's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or App or information provided to or gathered by Refocus App with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Refocus App with respect to the Site or App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Refocus App with respect to the Site and/or App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Refocus Now App reserves the right, in its sole discretion, to change the Terms under which www.refocusapp.com and the Refocus Now mobile app is offered. The most current version of the Terms will supersede all previous versions. Refocus App encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Refocus Now App welcomes your questions or comments regarding the Terms:

Refocus App LLC
128 Sunset Blvd #1012
New Castle, Delaware 19720

Email Address: connect@refocusapp.com

Telephone number: 302-990-4754

Effective as of June 30, 2023