TERMS & CONDITIONS
Welcome to Innermap Inc. (“Innermap”), www.innermap.me. We provide mindfulness and meditation guidance and presentations that are designed to enhance mindful lifestyle, mindful thinking, and mindful general approach to life events and challenges. Our products consist of our App and our website. Our presentations offered via our products consist of meditation exercises, storytelling, and other features, collectively referred to as our “products” or our “services” and will be used interchangeably. The words “Innermap”, “we”, “us” refers to Innermap Inc., a California Corporation. The words “you” or “your” refer to the user of our products or services, whether as promotional limited “free” use or as a “subscriber” or a “Member” of our Mobile App or Services.
USERS ARE BOUND BY OUR “TERMS AND CONDITIONS"
CHANGES TO TERMS AND CONDITIONS
We reserve the right to change our “Terms and Conditions” at any time at our discretion. However, if we do make changes to our current “Terms and Conditions”, we will note such change by stating “last updated on _DATE ” and will also notify our current users by way of Push Notifications and/or email. You hereby acknowledge, understand, and agree that your continued use of our Apps or our website or your use of any of our products or services by accessing our Apps or our website, is indication of your agreement with our “Terms and Conditions” as last changed and denoted “Last updated on _DATE ” on the date of such update.
USERS RECEIVE A “LICENSE” TO USE INNERMAP’S PRODUCTS OR SERVICES
When you use our products or services, you agree with these Terms and Conditions as well as possibly additional Terms and Conditions stated prior to accessing or using them and by clicking “I accept”, you will acknowledge your agreement with those Terms and Conditions. By using our products or services, Innermap is granting you a non-transferable, limited and non-exclusive “license” to download our contents from our Apps or website on to your computer or Mobile Device for your personal and non-commercial use. You agree that once you download our contents onto your device, your personal use will be subject to the following restrictions:
You are not authorized to a) transfer or attempt to transfer your limited “license” to others; b) lease, sublease, or otherwise lend your device to others for their use of Innermap’s contents while on your account with us; c) copy our products or services other than making a copy for your personal back up purposes; d) conduct software engineering test or attempt any modifications on our contents.
TWO CLASSES OF USERS:
1- Our Gift – Free Version
2- InnermapPlus – Monthly / Yearly – Subscriber
Innermap offers two classes of users when using our contents, products or services.
FREE VERSION: refers to a user who can access three stories, three pieces of Innermap’s proprietary original “smart sounds”, and three meditations. In order to access these services, all the user has to do is to provide his/her name & email address and these services will be offered free of charge. These users are called “Free”.
SUBSCRIBER/MEMBER: is a user who purchases a monthly or yearly membership at the listed price with full access to all Innermap’s premium contents. These premium services currently are all stories, all meditations, all original “smart sounds”, exclusively created for Innermap, favorites, and offline mode.
Our subscriber/Membership price is currently $9.99 per month or discounted $72.99 per year which will be charged at the time of subscription and will be collected in advance.
MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL
You pay for our products or services by use of your debit/credit card which will be processed by a Credit Card Processor.
You make payment at the inception of your subscription and in advance of using our contents or services. Your subscription will automatically renew for another period if you do not cancel. If your subscription is monthly, it will renew for the following month, at the end of your current subscription. Monthly subscriptions automatically renew on the same day of your subscription each month, unless you cancel at least 24 hours before the auto-renewal. If it is a yearly subscription, it will renew for another year, automatically, unless you cancel prior to the expiration of your current term and renewal of the next term. Yearly Subscriptions automatically renew after the initial annual term unless you cancel at least 24 hours, before the auto-renewal.
If you purchased your subscription via an App provider such as Apple Store, you must cancel your subscription with those App providers, which you can at any time.
All refunds will be handled by Apple and will be subject to Apple refund policy and limitations. For details of Apple’s limitation and refund policy, please refer to Apple https://www.apple.com/legal/internet-services/itunes/us/terms.html. If you decide to cancel your subscription before your subscription period expires (before 30 days if monthly, or before 12 months if yearly subscription), your cancellation will not entitle you to a refund/money back.
If you cancel your subscription after Apple’s refund policy expires, but before your subscription with Innermap renews for another period (before 30 days if monthly, or before 12 months if yearly subscription), your cancellation will not entitle you to a refund of money paid. It will simply cause cancellation of our services at the end of your subscription period and will cancel our automatic renewal of your subscription. This means that you may continue to use our services until the expiration of your subscription your paid subscription period.
WE MAY CANCEL YOUR SUBSCRIPTION
Just as you may cancel your subscription with us at any time, Innermap may terminate your subscription and access to our products and services at any time upon our sole discretion and without prior notice to you. Even if we cancel your subscription, you as the user of Innermap will continue to be subject to applicable Terms and Conditions including, user’s limitations, restrictions of use and prohibitions, our dispute resolution agreements, our limitations of liability, and our warranty disclaimers.
USERS’ DEVICE REQUIREMENTS
In order to access and use our products or services via your computer or your mobile device, your device must satisfy certain system requirements. These requirements can be reviewed on Apple’s website. Iphone system requirements are stated by Apple.
OUR FEES AND CHARGES MAY CHANGE
We can change the fees and charges for all products or services at any time at our sole discretion with notice to our current users. Following providing notice of our new fees or charges to you, the new fees or charges will become effective.
INNERMAP’S PRODUCTS AND SERVICES ARE COPYRIGHTED AND TRADEMARKED
All Innermap’s software, logos, company name, images, animations, audios and videos contents, content and material contained in our products or services, (“The Work”) are copyrighted and Trademarked. You acknowledge and agree that by using our products or services via your computers or mobile device, you are only granted a limited non-exclusive license for personal, non-commercial use and that all ownership rights and privileges of such work belongs exclusively to Innermap. You agree that your license entitles you to the use of our work for personal non-commercial self-improvement purposes and mindfulness exercises.
You agree that our product and services are valuable to Innermap and therefore you agree to use our work for the limited personal enjoyment/improvement purposes only.
You agree to download our work (the features that are downloadable) for personal use only and not for your commercial use or commercial advertisement or commercial objectives. You agree that our work including all contents should not be copied, distributed, published, re-published, or transferred/transmitted to anyone, other than to make a copy for your backup and for your personal use. Any use, distribution, publication, posting or transmission of Innermap’s work to others will be deemed unauthorized and in violation of our Terms and Conditions which will subject you to liability. You also agree that you can only use our products or services for your own self-improvement/mindful awareness and not in violation of other individual’s privacy or for harassment, ridiculing or otherwise offending any person.
We may designate certain limited content and/or video “Distributable”. Such designation entitles you as an Innermap’s subscriber/member to distribute/share/forward/or post that particular content and/or video on your own social media channels such as Facebook, Instagram or Twitter. If you do so post or publish our work on your social media, you agree to do so in such a manner as not violate any other person’s rights. You also agree not to modify our content/audio/video in any way and agree not to use them out of context so as to cause harassment, defamation, threats, violation of privacy or otherwise offend others. You are free to add your own comments, notes, or blogs as you wish as long as they do not change/modify the format, font size or the meaning and context in which our work is being displayed, published or commented upon on your social media channels.
If you violate any portion of our Terms and Conditions in using our work (products, services, contents, audio, video, etc.), you will be deemed in violation of our Copyright and/or Trademark and violation of this Agreement and the manner in which you agree to use our work. Any misuse of our Trademarks displayed on our logo, image, Innermap’s product of service marks, or Innermap company name, is strictly prohibited by the laws of the United States, and applicable State or international laws and regulations which may subject you to civil and criminal liability. Innermap intends to protect and enforce its intellectual property rights in the fullest extent of the law including prosecution of violators in civil and criminal tribunals.
LIMITATION ON USERS’ LOCATION FROM WHICH THEY ACCESS INNERMAP’S CONTENTS
Innermap Inc., is a legal entity incorporated in the State of California, the United States and as such is subject to all applicable laws of regulations in the U.S. One such laws and regulations are set forth by OFAC (the United States Office of Foreign Assets Control) which is the U.S. government agency in charge of enforcing U.S. Sanctions against certain countries designated as a “terrorist state” and individuals or entities that support or finance “terroristic activities”. You as an Innermap’s user, by using our contents contained in our Apps, declare and represent that you are not located in such a county which is listed on OFAC as a prohibited country, restricted party, person, or an entity. For a list of countries and parties that U.S. persons, including U.S. entities are prohibited to transact with; please refer to OFAC at www.treasury.gov.
YOUR USE OF OUR APP VIA APP STORE APPS
If you access Innermap’s contents, products, or services by downloading them on your device from an App provider such as Apple store, you agree that such downloading signifies your agreement with our Terms and Conditions. You also understand and agree that Innermap is responsible for the App, and that the App provider you used to access our contents, has no responsibility, obligation, or duty to maintain or support our services/contents contained in our App.
Any obligation by Innermap concerning its contents, products or services will remain Innermap’s sole obligation which will not be imposed on the App provider that you use to access our products or services. Any claims or damages by you in regards to your use of our products or services will remain the sole responsibility of Innermap. Such claims or damages include any claims by users alleging that Innermap’s products or services do not comply with any laws or regulations, have caused injuries to them by virtue of their use of our products, or any allegations of damages based on any other legal theories, including Copyright or Trademark infringement claims, all of which claims will remain the sole responsibility of Innermap. Furthermore, the App provider will not have any liability of whatsoever nature with regard to your claims or damages brought against any third parties providing any contents or services related to our App contents, products or services.
The App provider you use to download and access our products, or services is considered to be a third party beneficiary of our Terms and Conditions which you are accepting and approving by virtue of your use of products. Therefore, as a third party beneficiary, the App provider may enforce these Terms and Conditions against you as our user, in the event you violate your obligations and your limited non-exclusive license granted to you by Innermap or in the event that you violate any other provision of our Terms and Conditions.
If you download our App via Apple store, you understand and agree that you will be limited to use of Apple products that operate on the Apple proprietary operating system and that you will be subject to Apple “Usage Rules” contained in Apple Store Terms and Services.
USER MATERIAL AND USER RIGHTS AND LIMITATIONS
You have the right to use your products or services (including images, sounds, audios, videos) for your own personal self-improvement and mindful living and thinking purposes. You as a user may submit your own material (including photos, commentaries, feedback, and other postings) to us. You understand and agree that any such submission of your material, represents your ownership of those material and authorizes us to use said material in our internal research and development or we may decide (at our sole discretion and without notice to you) to publish your material, comments, or feedback on our own App, website or other products or services. We may post or publish your material that you have submitted to us for our own advertising or promotional purposes without compensation to you for such posting.
When you submit your material to us, you represent that such content is not violation of others’ intellectual property rights and that you have the right and authorization to make such submission to us. However, your submission of your material to us, does not create an obligation on our part to systematically review said material for accuracy or fitness of our use or publishing such material. We reserve the right to delete your material and/or cancel your subscription if in our sole discretion, we decide that your material is in violation of others’ rights or if we believe it was produced for an illegal purpose or objective such as harassment, threat, or otherwise offending others.
DISCLAIMER OF WARRANTIES BY INNERMAP
We at Innermap strive to produce original and innovative contents, products and services that are beneficial for our users by improving their lifestyle and creating positive approach and attitude toward life events and challenges. However, in doing so, we do not make any representations or warranties of whatsoever nature about our contents’ suitability and fitness for a particular purpose or their accuracy or producing positive result in users’ lives. Users are free to use our products or services if they believe they are beneficial to them and understand that they can simply discontinue our services if they believe our contents do not benefit them in any way.
INNERMAP IS NOT A MEDICAL OR MENTAL CARE FACILITY
Innermap is a producer of mindfulness and meditation material for use via users’ computer or mobile devices for the purpose of self-improvement and promotion of mindful thinking and mindful approach to deal with life events and challenges. We are not a medical or mental facility or provider. We do not have any medical or mental health professionals or doctors in our employment and therefore, our products or services should not be considered or used as medical or mental health advice or treatment. Users must seek the necessary medical or mental health advice or treatment from their own doctors or mental health professionals. Any role our products or services may play in your personal life in a positive way, should not be considered as a substitute for medical or professional advice or services. If you believe that our products or services have an effect on you which is in conflict with a medical or mental treatment you are receiving from your doctors or other professionals, you should follow those professional advice and cease use of our products and services immediately.
Please note that we accept no responsibility for any effect our products or services may have on you and as such, we make no representations and offer no warranty that our products may enhance your life or whether or not they will benefit you in any way. Only you will decide the suitability and beneficial result or lack of suitability of our products for your personal use.
INNERMAP MAY ASSIGN ITS RIGHTS AND OBLIGATIONS TO OTHERS
Innermap is free to assign its rights and obligations as stated in these Terms and Conditions. However, in any assignment by Innermap, your rights will not be affected in any way nor will your obligations under these terms and conditions change. You as the user and licensee of our products or services have no right to assign your use or access to our products to anyone else, as your license is for your personal non-commercial use only.
USERS’ LIMITATION AND PROHIBITIONS
As stated above, upon signing up with us as a subscription/member and making payment of the applicable fee, you are granted a limited non-exclusive “license” to use our products or services for your own personal/non-commercial use. Your limited license does not authorize you to do the following. You understand and agree that you are expressly prohibited from doing any of the following:
a) Use our products or services in violation of any provisions of our terms and conditions
b) Use our product or services in a geographical location where such use is prohibited by the U.S. sanctions laws or Regulations;
c) Sell, lease, or loan our content accessed by you on a device to other individuals or entities who have not registered or signed up with Innermap.
d) Copy, transmit, modify, reproduce, display, mirror or frame our contents, products or services in any way or by any technical manner, or create any form of derivative work of our products.
e) Upload, paste, post, or transmit any material (user material) that violate others’ intellectual property rights, or cause harassment, defamation, violence, or otherwise offend others.
f) Attempt to tamper with the software/engineering technology used to design our App or computer systems, or attempt to tamper with technical parameters used by our software/App developer.
INNERMAP’S LIMITATION OF LIABILITY
The only promise we make concerning our products or services is that we will aim to create the best possible App and original contents that we are able to produce and that all of our products are in line with our description of those products or services. Otherwise, our products or services and all contents contained in them, are offered to the public on an “as is” basis with no warranty of fitness for a particular purpose or warranty of merchantability. We disclaim any and all express and implied warranties in relation to our products and services.
If our products are defective or if they do not function properly when accessed by our users, we will promptly take all necessary steps to remedy the problem. If we fail to correct the problem, we will be liable to you for the purchase price of the products or services you have paid for.
We will not be liable for any consequential damages (compensatory or punitive damages) or for any viruses or other malwares that may infect your computer or mobile device, or your data while using or downloading our products or opening our emails or attachments.
IMPOSSIBILITY OF PERFORMANCE BY INNERMAP
ARBITRATION OF DISPUTES BY BINDING ARBITRATION
BY USING OUR PRODUCTS OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL IF YOU BRING A CLAIM OR SUIT AGAINST US.
All claims and disputes relating to or in connection with your use of our products or services under these terms and conditions need to be first addressed informally and internally between Innermap and you or if not so possible, in a small claims court. If however, such resolution cannot be achieved, such claims or disputes will go through binding arbitration as a single claim (not consolidated with other users). All claims or disputes alleging unlawful use of our Copyright or Trademark or Infringement thereof will be excluded from this Binding Arbitration agreement.
VENUE OF ARBITRATION
The Federal Arbitration Act will govern the enforcement and disposition of Arbitration clause of these Terms and Conditions, through the American Arbitration Association (“AAA”). The AAA Arbitration Rules and Procedures can be reviewed at www.adr.org or by contacting 1-800-778-7879. The Arbitrator will be a neutral body unrelated and unassociated to Innermap or you, and the arbitration will be conducted and decided by a single neutral Arbitrator.
YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL
BOTH USERS (YOU) AND INNERMAP BY THE USE OF OUR PRODUCTS AND SERVICES, ARE WAIVING OUR RESPECTIVE FUNDAMENTAL CONSTITUTIONAL RIGHTS TO A JURY TRIAL AS WELL AS RIGHT TO A TRIAL BY A JUDGE.
However, if you and Innermap go through an Arbitration Proceeding before a neutral Arbitrator but subsequently decide to “litigate” our right to enforce or oppose enforcement of the Arbitration award, Innermap and you hereby agree to go before a trial Judge for such enforcement (or opposition thereof) instead of going before a Jury.
Innermap welcomes your questions, concerns, and comments regarding these Terms and Conditions by contacting [email protected].