These terms and conditions (“T&Cs”) constitute a binding legal agreement between you and BN Clarity Inc. Oy, a limited liability company incorporated and existing under the laws of Finland under business identity code 24680717 and having its registered address at c/o Tulosnurkka Oy, Kääntöpiiri 2, 02210 Espoo, Finland (hereinafter “BN Clarity”, “We” or “Us”).
For the purposes of these T&Cs “Service” means application made available by BN Clarity through Apple Inc.’s (“Apple”) app store (“App Store”) or via other application stores (such as Google Play) or other third- party websites or other delivery methods.
Any advice or other materials on Service are for general purposes only and not for medical purposes. While there is third party evidence that meditation and related exercises may assist in the prevention and recovery process for a wide array of illnesses as well as in improving a wide array of performance and relationship issues, BN Clarity makes no claims or guarantees that this will be the case by using Service. Any advice or other materials on the Service are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. If you are experiencing serious medical issues or needing medical advice, you should consult your doctor.
Subject to these T&Cs, BN Clarity grants to you a limited, non-exclusive, non-transferable, non- sublicenseable, perpetual right and license to use Service as provided by BN Clarity, solely for your personal and non-commercial use in accordance with these T&Cs. The Service is licensed, not sold.
The Service may include links to websites operated by third parties (“Third Party Websites”). These links are for informational purposes only and are not intended to suggest any affiliation with BN Clarity unless expressly stated. BN Clarity does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their avail- ability or contents. Third Party Websites are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party.
All right, title and interest in and to Service, including all associated intellectual property rights, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, artwork and other intellectual property rights, whether registered or not, and applications of any of the foregoing, shall be the exclusive property of BN Clarity and its licensors. All rights not expressly granted to you herein are reserved by BN Clarity. Your right to use these intellectual property rights as part of using the Services has been stipulated above in section 3 (grant of li- cense).
Service is not intended for commercial use. You must not use any part of the materials used on Service for commercial purposes without obtaining a prior written license to do so from BN Clarity. You acknowledge that Service is protected by copyright, trademark, and other laws of the applicable countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorpo- rated in or accompanying Service. Unless expressly authorized by applicable mandatory legislation, Service may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from BN Clarity.
You acknowledge that BN Clarity (and not Apple, for example) shall be responsible for addressing any claims made by you or any third party relating to your possession and/or use of Service, including without limitation, product liability claims, any claim that Service fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection laws or similar legislation and claims by any third party that Service or your possession and use of Service infringes intellectual property rights of the third party. In the event of any third party claim that Service or its use infringes that third party’s intellectual property rights, BN Clarity (not Apple, for example) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You are responsible for procuring and maintaining necessary network connections and telecommunications links for accessing and using Service. In addition, you shall be solely responsible for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the Internet. The device which is used to access the Service, including but not limited to computers, smart phones, tablets or other such device should satisfy certain system requirements which may notified on the pages of the App Store or such other platform through which the Serv- ice has been acquired. If you wish to export any virtual items from the Services you are solely responsible for ensuring existence of the technical capabilities of your device for doing so.
You acknowledge that neither BN Clarity nor any third parties are obliged to provide or furnish any maintenance or support services for Service, unless agreed otherwise.
By accepting these T&Cs you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that when Service at issue is provided through or in connection to Apple, Apple and Apple’s subsidiaries shall be entitled to act as third party beneficiaries of these T&Cs and that, upon your acceptance of these T&Cs, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.
Service is provided to you on an “as is” basis without warranty or condition of any kind. Your use of Service shall be at your sole risk. Without limiting the foregoing, to the maximum extent permitted under applicable law, BN Clarity expressly disclaims any and all warranties, whether express or implied, including implied warranties of condition, uninterrupted use, accuracy of data, or non-infringement of third party rights, mer- chantability or fitness for purpose.
BN Clarity aims to offer you the best possible service. BN Clarity does not, however, warrant that Service will be uninterrupted and error-free and cannot guarantee Service will function and meet your requirements. Your access to Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. BN Clarity will restore Service as soon as they reasonably can.
Without limiting the disclaimers of BN Clarity in these T&Cs, in the event Service fails to conform to applicable warranties, if any, you may notify Apple in which case the latter may refund the purchase price for Service to you according to the applicable policy of Apple. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Service and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BN Clarity’s sole responsibility.
Subject to applicable mandatory law, BN Clarity have no liability for any indirect, consequential, punitive, special or incidental or other damages arising out of or in connection with the use of Service of Service itself, even if BN Clarity has been advised of the possibility of such damages. Nothing in these T&Cs shall restrict BN Clarity’s liability for any damage or loss caused by its gross negligence or willful misconduct.
If you choose to purchase Service, you agree to pay the applicable fee and any taxes, and the fee will be charged to your account with App Store or other respective distribution platform where Service is made available. All fees are non-refundable and non-transferable. BN Clarity may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to Service.
BN Clarity may license to you certain virtual items to be used within Service. Unless otherwise specified, these virtual items shall be deemed an integral part of Service. These virtual items may be licensed for a fee as applicable from time to time. Any and all virtual items are licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Unless provided otherwise by applicable mandatory law, BN Clarity may manage, regulate, control, modify or eliminate virtual items at any time, with or without notice. BN Clarity shall have no liability to you or any third party in the event BN Clarity exercises any such rights.
Subject to applicable mandatory legislation, you acknowledge that BN Clarity is not required to provide for a refund for virtual items for any reason, whether your loss of license under these T&Cs was voluntary or involuntary.
BN Clarity shall not be liable for loss, damage, or delay caused by impediment beyond BN Clarity’s control and which BN Clarity could not have taken into account at the time of the conclusion of these T&Cs, and whose consequence BN Clarity could not have reasonably avoided or overcome.
BN Clarity may immediately suspend or terminate your use of Service as a result of your breach of the terms and conditions of these T&Cs.
These T&Cs represents the complete agreement concerning this license between you and BN Clarity and supersedes all prior agreements and representations between them.
BN Clarity reserves the right, at its discretion, to change, modify, add or remove portions from these T&Cs from time to time by posting the updated T&Cs on BN Clarity’s website app.imagineclarity.com. You are advised to regularly review the website. Should you continue the use of Service after posting such changes, you automatically accept such changes.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these T&Cs shall not be affected.
BN Clarity may at any time and at its sole discretion stop offering Service with our without your consent. BN Clarity strives to, however, notify users of Service in advance.
BN Clarity may assign or delegate these T&Cs in whole or in part, to any person or entity with or without prior notice. You may not assign any rights or obligations under the EULA without BN Clarity’s prior written consent and any unauthorized assignment and delegation is ineffective.
Terms shall be governed by the laws of Finland without reference to its choice of law rules. Any dispute, con- troversy or claim arising out of or in connection with the use of the Service or the Terms, or the breach, termination or validity thereof, shall be finally settled at BN Clarity’s discretion at your domicile’s competent courts.
If you have any questions or concerns regarding these T&Cs, please contact BN Clarity at [email protected]. We also welcome any feedback and comments relating to the use and potential improvements of Service.
Applicable from September 1st, 2015.