Greetings from Zen Lounge. Please take a few minutes to go through this legal document which holds information for you.
These Terms of Service apply when you use our mobile applications (collectively, the “Apps”), and the services associated with our Apps (collectively, the “Services”). These Terms of Service are a legal agreement between you, the user of the Services (individually referred to as a “user” and collectively as “users,” also referred to as “you” and “your”), and Zen Lounge. (“Zen Lounge”, “we”, “us”, or “our”). To access and use our Services, you must accept and agree to be bound by these Terms of Service and to abide by them. If you disagree with any of these terms and conditions, you must refrain from using the Services. By continuing to use our Services, you signify your acceptance of the Terms of Service.
Please take the time to carefully read these Terms of Service, as they contain critical information about your legal rights, remedies, and obligations. You may bring claims against us only on an individual basis, not as a class member or plaintiff in any class or representative action or proceeding. You will be permitted to seek relief on an individual basis (including monetary, injunctive, and declaratory relief). The Terms of Service take effect on the earlier of the following dates: (i)the first time you access the Services; (ii) the first time you download our Apps; or (ii) the first time you click to accept these Terms of Service (“Effective Date”). Additionally, you may be subject to additional terms and conditions when using our Services from time to time. Our Privacy Statement details how we handle your personal information. Please ensure that you have read and comprehended our Privacy Statement. You can contact us at [email protected] if you have any questions.
If you have any questions about our Terms of Service, you can contact us at the following address:
174/20 B L Saha Road.
Kolkata. WB. India 700053.
The Terms of Service govern the following:
You understand and accept that these Terms of Service apply only to you and us, and not to any third-party sites such as Apple, Google, or Amazon (collectively, the “Mobile Operators”). Our Apps and Content are solely our responsibility (as defined below). However, when you use our Apps, Mobile Operators can have their own terms and conditions that apply. The Services, as well as all material contained in or made available through the Services (the “Content”), including text, graphics, logos, photographs, audio clips, stories, meditations, music, and digital downloads (the “Updates”), are governed by these Terms of Service (as defined below). For the sake of clarity, the term “Services” refers to both the Content and the Services.
Our apps are rigorously tested for child-safe contents. Anyone over the age of four is welcome to use our services. Our services provide music and audio clips suitable for people of all ages. Our Services are designed to enable parents to play music or audio clips and set a timer for when the music or sounds can be played. Parents are advised to make use of these features to prevent their children from accessing the Services unwittingly.
Creating an Account
You can create an account with us if you use our Services. You acknowledge that you are solely responsible for the security of your credentials and any activity that occurs as a result of your account’s use. You consent to take appropriate steps to protect the Services from unauthorised access or use. You may not share your username or password with someone else, nor may you help someone who isn’t a registered User gain access to the Services. You consent to use and secure your device, our Apps, and related data with appropriate confidentiality and security measures. You are solely responsible for all activities that occur under your account and for any actions taken through it. You agree to immediately notify us of any unauthorised use of your login credentials.
Language and Service Availability
You acknowledge that the Services may not be available in all languages or in your country of residence, and may be inappropriate or unavailable for use in certain locations.
When you use our Services, we ask that you adhere to certain fundamental rules. Additionally, we ask that you refrain from encouraging others to violate this rule or assisting them in doing so – this would constitute a violation of our housekeeping rules on your part.
The following are the rules. Kindly refrain from:
- Decompile, disassemble, reverse engineer, investigate, modify, create derivative works from, or otherwise access any portion of our Services that is not visible to the user;
- Make an unauthorised attempt to gain access to the Services or to circumvent any software protection or monitoring mechanisms built into the Services; access the Services in order to create a similar or competitive product or service, or in order to copy any of the Services’ ideas, features, functions, or graphics;
- Use the Services in any way that could be harmful to or targeted at minors;
- Impersonate another person, including registering for accounts using another person’s identity;
- Use any method other than our publicly supported interfaces to access, search, or create accounts for the Services (for example, “scraping” or bulk account creation); make an attempt to scan, probe, or test our Services for vulnerabilities;
- Send unsolicited communications, promotions, or advertisements, as well as spam, to any of our users or via our Services; take advantage of referrals or promotions to obtain more credits than they are due; injure or threaten to injure other Users in any way, or interfere with, or attempt to interfere with, any User’s account, host, or network access in any way, including, but not limited to, by overloading the Apps; authorising, permitting, enabling, inducing, or encouraging any third party to do any of the foregoing.
- Provide payment information that you are not authorised to use from a third party;
We reserve the right to suspend your access to the Services if you violate any of the foregoing. If we believe you are about to violate one of our general rules, we may suspend your access immediately and until our investigation is complete. If we determine, in our reasonable discretion, that you were actively attempting to violate these housekeeping rules, we may extend or terminate the suspension. If you have paid for our Services, we are under no obligation to reimburse you if your account is suspended due to a violation of our General rules.
Our intellectual property includes our trademarks, logos, product and service names. Zen Lounge is a trademarked name. Unless otherwise permitted by law, please refrain from using or displaying our trademarks in any manner without our prior consent. We own all title, ownership, and intellectual property rights in and to the Services, as well as any and all copies thereof. Except as expressly stated in these Terms of Service, all rights are reserved. We own the Content that is included in or made available through the Services. Except as expressly permitted by these Terms of Service, no portion of the Services may be reproduced in any form or by any means. Subject to the limitations set forth in these Terms of Service, in the event that the Services infringe upon a third party’s intellectual property rights, we are solely responsible for investigating, defending, settling, and discharge of any such intellectual property infringement claim, to the exclusion of any third parties, including Mobile Operator.
Regardless of the fact that you provide us with suggestions, enhancement requests, recommendations, or other feedback regarding the Services, you hereby assign to us, without limitation of any kind, all of your rights, titles, and interests therein, and we accept such assignment.
Updates, Upgrades and New Releases
Any updates, new releases, or upgrades (collectively referred to as “Updates”) are governed by these Terms of Service. Updates are provided as they become available and may include bug fixes, security patches, new features, and enhancements to existing features. Updates do not include new applications, third-party tools, or functionalities, unless such items are subject to additional fees as determined by us. Once an Update is available, it is your responsibility to diligently update your Apps. We may discontinue support for previous versions of our Services and assume no liability or responsibility for them, including security patches. It’s critical to update your Apps to ensure that you’re using the most secure version available.
Our applications are licenced to you, not sold.
Subject to your compliance with these Terms of Service, we grant you a revocable, non-exclusive, non-transferable, limited, and worldwide licence to download, instal, use, and access our Services for your personal use during the Term. This licence is personal to the devices you own or control and is subject to the terms and conditions of the Mobile Operator, including Apple’s Usage Rules. This licence is subject to the following restrictions:
(i) You may not distribute or make the licence available over a network where it could be used by multiple devices concurrently, unless your Mobile Operator makes such functionality available;
(ii) You may not transfer, redistribute, or sublicense our Apps, and you must remove our Apps from your device prior to selling it to a third party;
(iii) Except as expressly permitted by the Terms of Service, you may not copy, reverse-engineer, disassemble, attempt to derive the source code for, modify, or create derivative works of our Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licencing terms governing use of any open-sourced components included with our Apps).
You acknowledge and agree that Mobile Operators and their subsidiaries are third-party beneficiaries of these Terms of Service with respect to our Apps. As of the Effective Date, the Mobile Operators will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you in relation to the Apps as a third party beneficiary thereof.
Fees and Payments for Subscriptions
We offer Monthly and Yearly (for 12 months) subscriptions. Additionally, we may offer lifetime subscriptions that are valid for 100 years or until the Services are no longer commercially available. Life subscriptions may be subject to additional terms and conditions. A one-time upfront payment covers the cost of a lifetime subscription.
Except for life subscriptions, all subscriptions automatically renew at the end of their respective periodic subscription terms. You acknowledge and agree that
- following the expiration of your initial subscription period, this period will automatically renew for an additional period of equal duration; and
- until you cancel a subscription, your account will be billed continuously for that subscription.
You can cancel and manage your subscription(s) to Apps directly from your mobile device. If you cancel your subscription, you will retain access to the paid Services until the end of the subscription period for which you paid, and you will not be charged any additional fees following the end of this subscription period.
You hereby authorise us to collect payments from you via Apple Pay or Google Pay for each paid subscription period to which you subscribed. You agree to pay any and all fees and applicable taxes incurred by you or anyone using your registered account.
At any time, we reserve the right to modify our subscription fees and offerings. We will notify you if the subscription fees change prior to processing your subsequent payments. If you disagree with these changes, you may cancel your subscription prior to the next payment.
Service as a Gift
We may offer pre-paid subscriptions that can be gifted to other individuals (each a “Recipient”).
After purchasing a pre-paid subscription, you will receive an order confirmation, a receipt, and a gifting code that the Recipient can use to access the Services for the duration of the pre-paid subscription. Gifting codes may be redeemed only once in the country for which they were purchased and cannot be exchanged for cash, resold, or combined with any other offer, including a free trial. Please keep in mind that gifting codes cannot be redeemed if the recipient has already purchased a subscription directly from us or via a Mobile Operator.
If you purchase a prepaid subscription, we will bill you automatically using the payment method you selected during the purchase process. We will notify the Recipient prior to the expiration of the prepaid subscription. We are not liable for lost or stolen gifting codes, or for gifting codes that are used without permission.
Coupons and Promotional Codes
We may from time to time offer promotions and discount codes. Promotions and discounts cannot be combined. We reserve the right to offer promotions and discounts to a subset of users or to prospective new users. You acknowledge and understand that you may not be eligible for all promotional offers and discounts. Unless otherwise stated, promotions and discounts apply only to initial subscription periods; subsequent renewals will be charged at our then-current subscription rates.
Policy on Refunds
You acknowledge and agree that the Services and gifting codes are non-refundable and that we do not issue refunds or credits for the Services or gifting codes. If we suspend your account in accordance with these Terms of Service, or if you close your account voluntarily, you agree and understand that you will not be entitled to any refund or exchange for the Services, except as required by applicable law. If we discontinue the Services, we will either continue to provide them until the end of your subscription period or reimburse you for the Services paid in advance in proportion to the time remaining in your current subscription period, unless you have a life subscription, in which case no reimbursement is applicable.
Maintenance and Assistance
The Services do not include maintenance and support, although we make every effort to assist and respond to our users. You can contact us at [email protected] if you have any maintenance or support requests. Mobile Operators are not liable for the maintenance or support of our Apps.
Our Services may provide users with access to third-party services, applications, and websites (collectively referred to as “External Services”). You acknowledge that you are using the External Services entirely at your own risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall have no liability for them. You are solely responsible for compliance with any applicable laws if you choose to use such External Services. We reserve the right, at any time and without prior notice or liability to you, to modify, suspend, remove, disable, or impose access restrictions or limits on any External Services.
Your Personal Information
Please be aware that your Mobile Operator may collect, use, and retain certain usage statistics and other data from your device in accordance with their respective privacy policies. You agree that if your identity cannot be reasonably ascertained, we may analyse, combine, and aggregate your data, as well as publish and distribute such aggregated data.
Disclaimer – This is not medical advice; it is solely for informational purposes.
The Services are provided for informational purposes only and should not be treated as advice, and the information provided without the Services is provided without any representations or warranties, express or implied, and without limiting the foregoing, we make no warranty or representation that the Content will be constantly available, or available at all, true, accurate, complete, c
You must not use any information provided as part of the Services as a substitute for medical advice from your physician or other healthcare professional. If you have any specific medical questions, you should consult your doctor or another healthcare professional. If you believe you may have a medical problem, you should seek immediate medical attention. Never disregard medical advice or discontinue medical treatment as a result of information provided as part of our Services, the Service, or the Content.
While our Services are intended to benefit your health, neither the Services nor the Content should be construed as medical advice, diagnosis, or treatment, and should not be used in place of professional medical advice.
DISCLAIMER – ACCESS TO AND USE OF THE SERVICES
If you experience any discomfort while using our Services, immediately stop using them. The Content enables users to incorporate brainwaves and autonomous sensory meridian response (“ASMR”) into the music and sounds they create through the Services. These functionalities may be incompatible with certain individuals, such as those who suffer from epilepsy or post-traumatic stress disorder. Consult a physician if you have any medical conditions and experience any discomfort while using these functionalities. We assume no liability, subject to applicable laws, if you choose to use these functions; they are provided at your own risk.
Disclaimer of Warranties
While we will make every effort to ensure continuous, uninterrupted access to the Services, we cannot guarantee it. We disclaim all responsibility and liability for any interruption, suspension, unavailability, or delay in accessing or using the Services.
Except as expressly stated in these Terms of Service and subject to applicable law, we make no representations or warranties to you regarding the Services or the Content, which are provided to you on a ‘as is’, and ‘as available’ basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services and the Content, and we hereby disclaim all warranties and conditions with respect to information or advice, whether oral or written, provided by Zen Lounge or an authorised representative shall create a warranty.
If our Apps do not conform to applicable warranties, you may notify your Mobile Operator, who may refund the Apps’ purchase price in accordance with their own policies. To the maximum extent permitted by applicable law, Mobile Operators will have no other warranty obligations with respect to the Apps, and we will be responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to any breach of any warranty.
We are solely responsible for resolving any claims you may have regarding our Apps, including but not limited to claims arising under consumer protection, privacy, or similar legislation, including in connection with our Apps’ use of the Healthkit framework. Mobile operators are not accountable in this way.
Subject to applicable law, neither you nor we will be liable to the other for any lost profits or revenues, or for any indirect, special, incidental, consequential, compensatory, or punitive damages of any kind, however caused, whether in contract, tort, or under any other theory of liability, and regardless of whether the party has been advised of the possibility of such damages.
Subject to applicable law, our maximum aggregate liability to you or any other user for any breach of the Terms of Services or for any other reason is twenty US Dollars ($20 USD).
Certain jurisdictions prohibit the exclusion or disclaimer of certain warranties, as well as the limitation or exclusion of liability for incidental or consequential damages. As a result, some of the restrictions outlined above may not apply to you or be enforceable against you. If you are dissatisfied with any aspect of the Services or these Terms of Service, your sole and exclusive remedy is to stop using the Services, except as expressly provided in these Terms of Service.
You agree to defend, indemnify, and hold harmless Zen Lounge and its representatives from and against any third-party claims, demands, liabilities, damages, losses, and expenses, including, but not limited to, reasonable attorney’s fees, arising out of or in any way connected with your material breach of these Terms of Service. We reserve the exclusive right, at your expense, to defend such claims and take control of any matter, subject to your indemnification, in which case you agree to cooperate with us in asserting any and all available defences.
Modifications to the Service
We reserve the right, at any time and for any reason, to terminate, modify, suspend, or discontinue the Services or any portion thereof. We reserve the right to modify the Content that we make available as part of the Services at any time and for any reason. We reserve the right, in our sole discretion, and without prior notice, to correct any errors or omissions in any portion of this Service, but confirm that we are under no obligation to do so. We are solely responsible for the content of the Services.
We will use commercially reasonable efforts to notify Users in advance if the Services are to be discontinued. We assume no responsibility for any inconvenience.
Term; Termination; Termination Effects
These Terms of Service become effective on the Effective Data and will remain in effect for as long as you use our Services, including our Apps, and do not delete your account with us (the “Term”). You can delete your account with us directly through the Services’ settings > account parameters section. We reserve the right to terminate these Terms of Service at any time upon written notice of at least five (5) days. Payments made in advance for services will be reimbursed in accordance with these Terms of Service. If these Terms of Service are terminated for any reason, all provisions that by their nature should survive the Term, including, without limitation, any disclaimers and limitations of liability, will survive the Term.
Control of Exports
You may not use or export or re-export our Services (including any technical information associated with them) except as permitted by applicable law, including Indian or American law. Our Apps may not be re-exported (a) into any US-embargoed countries or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List, the US Department of Commerce’s Denied Persons List, or the US Department of Commerce’s Entity List. You represent and warrant that you are not located in any such country or on any such list by using our Apps. Additionally, you agree not to use our Services for any purpose that is prohibited by US or international law, including, but not limited to, the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
Our Services and associated documentation are “Commercial Items,” as defined in 48 C.F.R. 2.101, which include “Commercial Computer Software” and “Commercial Computer Software Documentation,” as defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, respectively. In accordance with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licenced to U.S. Government end users (a) only as Commercial Items and (b) with the same rights granted to all other end users under the terms and conditions herein. Unpublished rights are reserved in accordance with United States copyright laws.
Modifications to the Terms of Service
We reserve the right to modify our Terms of Service at any time. If we do so, we will notify users via the Services or other means. If you continue to use the Services following receipt of such notice, you are deemed to consent to such changes, regardless of whether we specifically requested your consent.
We’ve included the date of the most recent change to these Terms of Service below for your convenience.
Legislation and Jurisdiction
Subject to applicable law, these Terms of Service and our relationship shall be governed by the laws of the Republic of India. You and we both agree to submit to the non-exclusive jurisdiction of the Indian courts. The United Nations Convention on the International Sale of Goods is expressly excluded from application to the Terms of Services.
Class and Representation Actions Are Prohibited, as Is Non-Individualized Relief
You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both parties agree otherwise, the courts may not consolidate or join the claims of more than one person or party and may not preside over any form of consolidated, representative, or class proceeding. Additionally, courts may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may seek and the arbitrator may award public injunctive relief to the extent required by applicable law.
General Legal Material
Nothing in these Terms of Service shall be construed as creating between you and us, an employment, partnership, agency, trust, franchise, or joint venture relationship. Nor do they impose fiduciary obligations. No waiver or consent to deviate from any provision of the Terms of Services will be enforceable. Failure on our part to exercise or enforce any right or provision of these Terms of Service shall not be construed as a waiver of such right or provision.
Without the prior written consent of Zen Lounge, you may not assign or otherwise transfer any of your rights or obligations under these Terms of Services. You may not assign or delegate any of your obligations under these Terms of Service. If any provision of the Terms of Services is found to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
The parties acknowledge that they have stipulated that this Agreement and all accompanying documents be written in English only. The parties acknowledge that they requested that this contract, as well as all accompanying documents, be written exclusively in English.
Last updated on: May 9th 2021