By downloading, accessing,
or using the Services, you agree to these Terms. If you do not agree, do not
use the Services.
1. Eligibility
You must be at least the
age of majority in your jurisdiction, or otherwise have the permission of a
parent or legal guardian where permitted by law, to use the Services.
2. Nature of the Services
Mellow by Sunshine Club
provides digital wellness tools such as affirmations, journaling features,
breathing exercises, calming exercises, and related content intended to support
general well-being.
The Services are for
informational, educational, and self-guided wellness purposes only.
3. No Medical Advice; Emergencies
Mellow by Sunshine Club is
not a medical device and does not provide medical advice, diagnosis, treatment,
therapy, crisis counseling, or emergency services.
Nothing in the Services is
intended to diagnose, treat, cure, or prevent any disease or health condition.
The Services are not a substitute for licensed medical, psychiatric,
psychological, or other professional care.
If you are experiencing a
medical or mental health emergency, believe you may be in danger, or are
considering self-harm, call local emergency services immediately or contact a
qualified healthcare professional or crisis hotline in your area.
4. Accounts
You may need to create an
account to access certain features. You agree to provide accurate information
and keep it current.
You are responsible for
maintaining the confidentiality of your login credentials and for all
activities that occur under your account. You must notify us promptly of any
unauthorized use of your account.
We may suspend or terminate
accounts that violate these Terms or present security, legal, or abuse
concerns.
5. Your Content
You may create, upload,
store, or submit content through the Services, including journal entries,
notes, reflections, feedback, or other materials ("User Content").
You retain ownership of
your User Content. However, by submitting or storing User Content through the
Services, you grant us a limited, non-exclusive, revocable, worldwide license
to host, store, process, reproduce, and display that User Content solely as
necessary to operate, provide, secure, back up, and improve the Services for
you.
You are solely responsible
for your User Content and represent that you have the rights necessary to
submit it.
6. Acceptable Use
You agree not to:
• use the Services for unlawful, harmful, fraudulent, or abusive
purposes;
• interfere with or disrupt the Services or servers;
• attempt to gain unauthorized access to accounts, data, or
systems;
• copy, modify, distribute, sell, reverse engineer, or exploit the
Services except as permitted by law;
• use the Services to infringe the rights of others;
• upload malicious code, spam, or content that is defamatory,
obscene, threatening, or otherwise unlawful.
7. Subscriptions and Purchases
Certain features may
require a paid subscription or one-time purchase. Pricing, billing cycle, and
included features will be described at the point of purchase.
If you purchase a
subscription through Apple App Store or Google Play:
• billing is handled by the applicable platform provider;
• subscriptions may automatically renew unless canceled before the
renewal date, subject to the platform’s rules;
• you must manage or cancel your subscription through your Apple
or Google account settings;
• refunds, if any, are subject to the platform provider’s policies
unless otherwise required by law.
We may change subscription
pricing or features prospectively as allowed by law and applicable platform
rules.
8. App Store and Google Play Terms
If you download the app
through the Apple App Store or Google Play, you acknowledge that:
• these Terms are between you and Kaviam Wellness Private Limited,
not with Apple or Google;
• Apple and Google are not responsible for the Services, support,
maintenance, or claims relating to the Services, except as required by
applicable terms or law;
• your use of the app must comply with any applicable platform
terms.
9. Intellectual Property
The Services, including all
software, design, text, graphics, audio, video, branding, affirmations,
breathing content, guided exercises, and other materials provided by us, are
owned by or licensed to Kaviam Wellness Private Limited and are protected by
intellectual property laws.
Subject to your compliance
with these Terms, we grant you a limited, non-exclusive, non-transferable,
revocable license to use the Services for your personal, non-commercial use.
10. Feedback
If you provide suggestions,
ideas, or feedback about the Services, we may use them without restriction or
compensation to you.
11. Termination
We may suspend or terminate
your access to the Services at any time if:
• you violate these Terms;
• we are required to do so by law;
• your use presents security, legal, or operational risk; or
• we discontinue the Services.
You may stop using the
Services at any time. If you want your account deleted, please follow the
deletion instructions in our Privacy Policy.
12. Disclaimers
The Services are provided
on an “as is” and “as available” basis to the fullest extent permitted by law.
We do not warrant that the
Services will be uninterrupted, error-free, secure, or suitable for your
particular needs, or that any content will always be accurate, complete, or
available.
Individual results from
wellness practices vary. We do not guarantee any specific emotional, mental,
physical, or behavioral outcome from using the Services.
13. Limitation of Liability
To the fullest extent
permitted by law, Kaviam Wellness Private Limited and its affiliates, officers,
employees, licensors, and service providers will not be liable for any
indirect, incidental, special, consequential, exemplary, or punitive damages,
or any loss of profits, revenues, data, goodwill, or other intangible losses
arising out of or related to your use of the Services.
To the fullest extent
permitted by law, our total liability for any claim arising out of or relating
to the Services will not exceed the greater of: (a) the amount you paid us, if
any, in the 12 months before the event giving rise to the claim, or (b) USD 100
/ local equivalent.
Some jurisdictions do not
allow certain limitations of liability, so some of the above may not apply to
you.
14. Indemnity
To the extent permitted by
law, you agree to indemnify and hold harmless Kaviam Wellness Private Limited and
its affiliates, officers, employees, and service providers from claims,
liabilities, damages, losses, and expenses arising out of your misuse of the
Services, your User Content, or your violation of these Terms or applicable
law.
15. Governing Law
These Terms are governed by
the laws of India, without regard to conflict of law principles.
16. Dispute Resolution
Any dispute arising out of
or relating to these Terms or the Services will be resolved in the courts
located in New Delhi, unless applicable law requires otherwise.
17. Changes to These Terms
We may update these Terms
from time to time. If we make material changes, we will update the Effective
Date above and may provide additional notice where required by law. Continued
use of the Services after the updated Terms take effect means you accept the
revised Terms.
18. Contact Us
Kaviam Wellness Private
Limited
NGH-002, DLF New Town Heights, Sector 90, Gurugram, Haryana, India
hello@sunshineclub.in
sunshineclub.in