Zen. Breathing and Calm
Terms and Conditions of Use
End-User License Agreement (EULA) of Zen. Breathing and Calm
This End-User License Agreement (“EULA”) is a legal agreement between you and Kirill Tupikov Ltd.
This EULA agreement governs your acquisition and use of our Zen. Breathing and Calm software (“Software”) directly from Kirill Tupikov Ltd. or indirectly through a Kirill Tupikov Ltd. authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the Zen. Breathing and Calm software. It provides a license to use the Zen. Breathing and Calm software and contains warranty information and liability disclaimers.
If you register for a free trial of the Zen. Breathing and Calm software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Zen. Breathing and Calm software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Kirill Tupikov Ltd. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Kirill Tupikov Ltd. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA Template for Zen. Breathing and Calm.
2. Acceptance of Terms and Conditions.
By using Our Products and Services you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services.Kirill Tupikov Ltd. reserves the right to amend these Terms and Conditions at any time without prior notice. The up-to-date version of these Terms and Conditions will be available on the official website of Kirill Tupikov Ltd. and any changes will come into effect immediately upon posting. By continuing to use our products you agree to amended terms and conditions.
3. License Grant
Kirill Tupikov Ltd. hereby grants you a personal, non-transferable, non-exclusive licence to use the Zen. Breathing and Calm software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Zen. Breathing and Calm software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Zen. Breathing and Calm software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose Allow any third party to use the Software on behalf of or for the benefit of any third party Use the Software in any way which breaches any applicable local, national or international law use the Software for any purpose that Kirill Tupikov Ltd. considers is a breach of this EULA agreement
4. Intellectual Property.
The texts, graphics, designs, logos, button icons, images, data compilations and information (“Content”) contained in Our Products and Services are Intellectual Property of Kirill Tupikov Ltd. (or belongs to it) and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or trademarks of Kirill Tupikov Ltd. No trademarks may be used without prior written consent of Kirill Tupikov Ltd. except to identify the products or services associated therewith. Our Products and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Kirill Tupikov Ltd.. or its licensors.
5. Legality of Use.
By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.
6. Membership subscriptions.
Applications offer subscriptions that grant you access to additional features like training plan personalization or full access to the content. Some of our subscriptions include a free trial period, where you can experience the application at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription before the free trial ends.
We offer monthly and annual subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Wallet Account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, until cancelled in the Manage Subscriptions section of your account settings. Auto-renewal may be turned off in your Google Wallet account after purchase. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. We will notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.
7. Representations and Warranties, Limitation of Liability.
Our Services and Products are provided “as is” without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, used for a particular purpose, or non-infringement. Kirill Tupikov Ltd. makes no representation or warranty that the information contained in our Services and/or Products will be current, timely, complete, accurate or error-free. To the extent that the law does not permit the disclaimer of warranties, all content accessible in our services and products, or any other web site to which our services and products link, is warranted only to the minimum amount legally required. In no event shall Kirill Tupikov Ltd. be liable to any party for any direct, indirect, special or other consequential damages for any use of this in our services and products, or on any linked web site, including, without limitation, any lost profits, business interruption or otherwise. Kirill Tupikov Ltd. shall be liable as currently provided by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort) only if Kirill Tupikov Ltd. has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Kirill Tupikov Ltd. shall not be liable to other businesses and shall be liable to consumers only for personal damages Kirill Tupikov Ltd. shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
8. Restrictions on Use of the Service.
In addition to any other restrictions set forth in Terms and Conditions, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material Kirill Tupikov Ltd. or any other person or entity Posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Kirill Tupikov Ltd.. or obtained from the Service; provide any false personal information to Kirill Tupikov Ltd.; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without Verv’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this document.
Kirill Tupikov Ltd. is not responsible for any outages or service interruptions that occur from time-to-time when using Our Products, including those due to software, hardware or power failures, or issues at the wireless carrier level. In addition,Kirill Tupikov Ltd. is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks.Kirill Tupikov Ltd., in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.
10. Content Created by Users and Rights to such Content.
The user consents that as a result of the automatic evaluation of the way the user uses Our Products, he/she may be exposed to certain offers and/or marketing messages tailored to such user. The user consents that marketing measures may also be taken in relation to created content, which are marketed by Kirill Tupikov Ltd. The user grants Kirill Tupikov Ltd. the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Kirill Tupikov Ltd. shall have the right to use all content, irrespective of the type of usage. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. Kirill Tupikov Ltd. does not claim ownership of any content created by users and will not supervise such content.
11. Disclaimer of warranties.
You agree that the use of the services is entirely at your own risk. The services are provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. The company does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. the company makes no warranties as to the results that may be obtained from the use of the services or as to the accuracy, quality, or reliability of any information obtained through the services. The company disclaims any warranties for other services or goods received through or advertised on the services, or accessed through any links on the services. The company disclaims any warranties for viruses or other harmful components in connection with the services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12. Limitations of liability.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Kirill Tupikov Ltd..
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
14. Governing Law.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of by.
Kirill Tupikov Ltd. (“us”, “we”, or “our”) operates the Zen Breathe mobile application (the “Service”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
1. Information Collection And Use
We collect the following Personal Data and information from you:
- Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our Service you visited.
- Fitness, Health or Medical information such as prescription information, nutrition, consumption of water, sleeping schedule.
- Device and Usage Information that may include information specific to your mobile device (e.g., make, model, operating system, advertising identifier and similar information); information about your use of features, functions, or notifications on the device.
- Information about your mobile device such as your mobile device id (similar to a website IP address), device type, and mobile service carrier.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address (“Personal Information”). We may collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
2. Log Data
When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics (“Log Data”).
4. Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used. These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose. Communications
6. Links To Other Sites
7. Children’s Privacy
We understand the importance of taking extra precautions to protect the privacy and safety of children using our service. Accordingly, we do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, without first receiving verifiable parental consent we will take steps to delete the information as soon as possible.