TERMS OF SERVICE

Welcome to Clarity!

CuriousFu Ltd (“Curious Fu” or “Us” or “We”) provides our website located at clarity.app (the “Site”) and our Clarity Mindfulness, Relaxation and Sleep App (“App”). To make these Terms easier to read, the Site and App are collectively called the “Services.” Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Services.

AGREEMENT TO TERMS

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

PRIVACY POLICY

Please refer to our Privacy Policy, clarity.app/privacy/, for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

By using our Service, you are consenting to receive certain electronic communications from Us.  These communications will include notices about Your account, information concerning or related to Our Services, reminders and/or requests for feedback or surveys.  If You no longer want to receive certain non-transactional communications from Us, simply send us an email with your request to unsubscribe from such non-transactional communications.

CHANGES TO TERMS OR SERVICES

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

ELIGIBILITY

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.

Disclaimer
Users must not use the information on the Services as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any doubt or specific questions about your medical health you should consult your doctor or other professional healthcare provider, and should you suspect you may be suffering from a medical condition you should seek immediate medical attention. Never delay speaking to a qualified healthcare provider, disregard medical advice you have been given, or discontinue medical treatment because of information found on this website.

Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

USER LIMITATIONS

You agree not to do any of the following:

·      Use, display, mirror or frame the Services, or any individual element within the Services, Curious Fu or Clarity’s name, any Curious Fu or Clarity trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Curious Fu’s express written consent;

·      Access, tamper with, or use non-public areas of the Services, Curious Fu’s computer systems, or the technical delivery systems of Curious Fu’s providers;

·      Attempt to probe, scan, or test the vulnerability of any Curious Fu system or network or breach any security or authentication measures;

·      Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Curious Fu or any of Curious Fu’s providers or any other third party (including another user) to protect the Services;

·      Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Curious Fu or other generally available third party web browsers;

·      Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

·      Use any meta tags or other hidden text or metadata utilising a Curious Fu or Clarity trademark, logo, URL or product name without Curious Fu’s express written consent;

·      Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

·      Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

·      Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

·      Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

·      Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

·      Impersonate or misrepresent your affiliation with any person or entity;

·      Violate any applicable law or regulation; or

·      Encourage or enable any other individual to do any of the foregoing.

Purchases
1. We Offer In-App Purchases within the App for a rolling subscription or one off purchase
2. Payment will be charged to iTunes Account / Google Play Account at confirmation of purchase

3. We reserve the right, at our sole discretion, to modify or adjust current and future pricing models for the use of our service, at any time.

Refund Policy
1. For in-app purchases made through the App Store, we do not have the right to issue any refunds. The only way to receive a refund for such purchases is to contact Apple.
2. For in-app purchases made through Google Play Store, our website or Pay-Pal, we offer a 30-day no question asked refund policy. Please contact our team at hello@clarity.app  for consultation.  

LINKS TO THIRD PARTY WEBSITES OR RESOURCES

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Copyright
All the resources including the images, videos, audios and texts are protected by the trademark and copyright. Any use of the above sources without permission is illegal. All rights, title, and interest in and to Curious Fu are and will remain the exclusive property of Curious Fu and its licensors. The services are protected by copyright, trademark, and other laws of both England and Wales and foreign countries. Nothing in the Terms gives you a right to use the Curious Fu or Clarity name or any of the Curious Fu or Clarity trademarks, logos, domain names, images, videos, audios and texts and other distinctive brand features.

FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@clarity.app. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Assignment

Curious Fu may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Curious Fu’s prior written consent, and any unauthorised assignment and delegation by You shall be considered null and void.

Language of the Terms of Service

If we provide You with a translation of the English language version of these Terms of Service, the Privacy Policy or any other policy (collectively “Curious Fu Policies“), then You agree that the translation is provided for informational purposes only and does not modify the English language version of the Curious Fu Policies.

In the event of a conflict between a translation of the Curious Fu Policies and the English version, the English version of the Curious Fu Policies will prevail.

Applicable Law and Jurisdiction

This Terms of Services shall be governed and interpreted in accordance with the laws of England and Wales and the London courts shall have exclusive jurisdiction to determine any dispute arising in connection with this Terms of Services, and you hereby irrevocably waive any objection to such jurisdiction and choice of law.

Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy) constitute the entire agreement between You and Curious Fu and governs Your use of the Service, superseding any prior agreements between You and Curious Fu, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between You and Us with respect to the Service. If any provision of these Terms of Services is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the Parties nevertheless agree that such portion will be deemed severable from these Terms of Services and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Services remain in full force and effect.

Nonwaiver

The failure of Curious Fu to require or enforce strict performance by You of any provision of these Terms of Service or the Curious Fu Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Curious Fu’s right to assert or rely upon any such provision or right in that or any other instance.

Force Majeure

Curious Fu is released from liability provided a delay or failure to perform has occurred due to circumstances of insuperable force or force majeure circumstances such as, but not limited to, governmental action, or requirement of a governmental, regulatory or administrative authority, lockouts, strikes, shortage of transportation, war, rebellion or other military action, fire, flood, natural catastrophes, or any other obstacles that Curious Fu is not able to overcome with reasonable efforts, or non-performance of obligations by a third party

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