Terms & Conditions — Stressbuoy

Terms and Conditions

Last updated: June 22, 2023

Please read these Terms and Conditions and also our Privacy Policy carefully before ordering and using any SERVICES offered by Stressbuoy OÜ from third party App stores (e.g. the Apple App Store, the Android Play Store).

These Terms and Conditions ("Terms", "Terms and Conditions") constitute a legally binding agreement between Stressbuoy OÜ (Reg.No.14783750) with registered office at Ahtri 12, 10151 Tallinn, Estonia (also “Stressbuoy”, "us", "we", or "our") and Stressbuoy users, including unregistered visitors, registered users, and premium users (collectively, “Users”, “you”, or “your”). These Terms regulate your use of the website located at https://stressbuoy.com/ (the “Website”) and services accessible via the Stressbuoy mobile application (“App”) and related services, services, including all information, text, graphics, software, and our emails (the “Content”). To make these Terms easier to read, the Website, App, the Content and our services are collectively called the “Services”. The term “Device” refers to the device which is used to access the Services including but not limited to computers, smart phones and tablets. In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.

Please check that the details in these Terms are complete and accurate before you use or commit yourself to purchase the Services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an executive of Stressbuoy.

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter.

AS PART OF YOUR USE OF THE SERVICES, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN UNITED STATES AND NETHERLANDS. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICES.

Profile Registration

In order to use the Services, it might be required to register your profile in App and provide certain information about yourself as prompted by the registration form.

By registering your Profile in order to use the Services, you represent and warrant to Stressbuoy that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation or these Terms; (d) You are over 16 years of age and legally capable of entering into binding contracts and you agree to comply with these Terms; (e) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;(f) you will not use the Services for any illegal or unauthorized purpose; (g) 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;(h) you are not listed on any U.S. government list of prohibited or restricted parties;.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Services (or any portion thereof).

You are responsible for maintaining the confidentiality of your Profile login information, restricting access to your Device and are fully responsible for all activities that occur under your Profile. You may not register for more than one Profile account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Profile or any other breach of security. Stressbuoy cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

In the course of your use of the SERVICES, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Stressbuoy Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

By using the Services, you agree to receive from Stressbuoy certain communications, such as updates on the Services, a periodic e-mail newsletter, or a push notification. You can opt-out of non-essential communications by unsubscribing from the email letter or by adjusting your device push preferences. Please note that if you opt out of receiving promotional emails from us, we may still send you important administrative messages that are required in order to provide you with our Products and Services or for other reasons disclosed in these Terms and Privacy Policy.

Services

You agree, represent and warrant that your use of the Services, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services or your use of it, and you will be solely responsible for your own individual violations of any such laws.

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

We retain the right to implement any changes to the Services (whether to free or paid features) at any time, without notice to you or our liability. You acknowledge that a variety of our actions may impair or prevent you from accessing the Services at certain times and/or in the same way, for limited periods or permanently, and agree that Stressbuoy has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

Your access to and use of the Services is at your own risk. We will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, that results from your access to or use of the Services, or reliance on any information or advice.

We have no obligation to provide you with customer support of any kind. However, Stressbuoy may provide you with customer support from time to time, at its sole discretion.

Intellectual Property

Stressbuoy®, the Stressbuoy logo, the Services and Content within are protected by copyright, trademark, and other laws of both Estonia and foreign countries. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the services is strictly prohibited. Stressbuoy will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Services or used by Stressbuoy, excluding any User Content (as defined below), is proprietary to Stressbuoy and its licensors or to third parties.

You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission. Stressbuoy expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

You acknowledge and agree that certain materials on or in the Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of DCMA section against you.

Audio or video content from Stressbuoy not explicitly indicated as downloadable may not be downloaded or copied from the Services or any Device.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services are not intended for your commercial use except those that are specifically authorized or approved by us. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the services for commercial purposes without obtaining a written license to do so from us. Material from the services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Services and may subject you to legal liability. You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

A limited amount of content may be marked and authorized for the user to share in their personal social channels (Tiktok, Instagram, LinkedIn, Facebook etc). With respect to content made available by Stressbuoy through the services that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Stressbuoy grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Services, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the Estonia, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Stressbuoy will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The information you submit to us as part of your registration, and any data, text and other material that you may submit or post to us ("User Content") remain your intellectual property, and we do not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that Stressbuoy may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Services and as described in these Terms and the Privacy Policy.

Subject to these Terms, Stressbuoy grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Services solely for your personal, non-commercial purposes; (ii) install and use the App solely on your own handheld mobile device and solely for your personal, non-commercial purposes.

Subscription terms

Stressbuoy App is free to download. However, certain features of the Services may be offered for a fee either by paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase (the “Purchase”). You make the Purchase directly from Stressbuoy app with the services provided by Apple App Store/ Google Play Store.

Free trial

We may offer a free trial subscription for service. Trial provides you access to the Services or a part of the Services for a period of time, with details specified when you sign up for the offer. Unless you cancel at least 24 hours before the end of the free trial, you will be automatically charged a price indicated on the payment screen for a chosen subscription period. It is ultimately your responsibility to know when the free trial will end. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Services will automatically continue and you will be billed the applicable fees for the Services. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Services during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.

Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

If you purchased a subscription or enabled free trial on App Store: You can cancel a free trial or a subscription anytime by turning-off auto-renewal through your Apple ID account settings. To avoid being charged, cancel the subscription in your Apple ID account settings at least 24 hours before the end of the free trial or then-current subscription period. You alone can manage your subscriptions. Learn more about managing subscriptions (and how to cancel them) on Apple support page.

If you purchased a subscription or enabled free trial on Google Play: You can cancel a free trial or a subscription anytime by turning off auto-renewal through your Google Play account settings. To avoid being charged, cancel the subscription in your account settings at least 24 hours before the end of the free trial or then-current subscription period. You alone can manage your subscriptions. Learn more about managing subscriptions (and how to cancel them) on Google’s support page.

Renewal

The subscription renews automatically at the end of each period (each month, year, or otherwise, depending on the option selected by you at the time of purchase) until you cancel. By signing up for the subscription, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us and the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Services. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.

Payment method

Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase. You authorize us to charge the applicable subscription fees to the payment method that you submit.

Cancellation

Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your subscription features for the remaining time of your then-current period. Note that deleting the app does not cancel your subscriptions. You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period.

Changes

To the maximum extent permitted by applicable laws, we may change subscription plans or adjust pricing for our service any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will give you reasonable notice of any such pricing changes by posting the new prices on the app and/or by sending you an email notification, or in other prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Services.

Refunds

Subscriptions purchased via the Apple App Store or Google Play Store are subject to such App Store's or Google Play Store’s refund policies. This means we cannot grant refunds, cannot refund fees that may have accrued to your account and cannot not prorate fees for a cancelled subscription. You will have to contact the App Store support or Google Play Store support.

If you purchased a subscription or enabled free trial on App Store: If you are eligible for a refund, you’ll have to request it directly from Apple. To request a refund, follow these instructions from the Apple support page.

If you purchased a subscription or enabled free trial on Google Play: If you are eligible for a refund, you'll have to request it directly from Google. To request a refund, follow these instructions from the Google’s support page.

Notwithstanding anything to the contrary in the foregoing, Stressbuoy will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of the applicable law. Stressbuoy may also provide refunds at its own discretion and subject to our policies that may be published from time to time. If you have any questions in relation to the subscription terms, please contact us at hello@stressbuoy.com.

App Stores, Third Party Ads, Other Users

You acknowledge and agree that the availability of App is dependent on the third party from which you received App, e.g., the Apple App Store, Google Play Market, and/or other app stores (collectively, "App Stores" and each, an "App Store").

You agree to pay all fees charged by the App Stores in connection with Stressbuoy app. You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable agreements, terms of use, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of these Terms and will have the right to enforce these Terms.

Each user of the Services is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.

You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any third parties, such as the App stores.

The Services and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Services (and may do so without notice).

Cancellation by us

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio content from the Services.

Note for the EU residents: If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund, unless the digital content is defective.

Indemnification

You hereby agree to indemnify and hold Stressbuoy, any of its executives, officers, directors, employees and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your breach or violation of these Terms (d) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Services; (e) your placement or transmission of any message, content, information, software, or other submissions through the Services; or (f) your negligent, reckless, or wilful misuse of the Services.

Stressbuoy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Stressbuoy’s defense of such claim.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER STRESSBUOY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STRESSBUOY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL STRESSBUOY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO STRESSBUOY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STRESSBUOY AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STRESSBUOY AND YOU.

We will use reasonable endeavors to remedy faults in the Services. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Services in question. In addition, we will not be liable for:

(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).

(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Services, or from transmissions via emails or attachments received from us.

(iii) Any use of websites linked to the Services but operated by third parties.

Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Services. In no event shall Stressbuoy be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or other activities you undertake in connection with your use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We warrant that we will use reasonable skill and care in making the Services available to you during your subscription. We warrant to you that any Services purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, free of failures, available at any particular time or location, delays or error/omission-free basis. We make no warranties or representations, express or implied, regarding the quality, accuracy, flawlessness of the Services, timeliness, truthfulness, existence of the content and information posted on the Services, completeness, technical accessibility or reliability of any information or content on the Services. We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU ASSUME FULL RESEPONSIBILITY FOR YOUR OWN USE OF THE SERVICES. In no event shall Stressbuoy be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the SERVICES or other activities you undertake in connection with your use of the SERVICES, unless caused by Stressbuoy’s gross negligence, recklessness, or wilful misconduct. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

Availability of services

Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in the Services, please report it to us at hello@stressbuoy.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the services while we address the fault. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing hello@stressbuoy.com .

Medical disclaimer

Stressbuoy is a provider of mobile self-help content and features to reduce stress, improve mindfulness, sleep, and other movement content to increase wellness in the health & wellness space. We are not a health care or medical device provider, nor should our Services be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation/ mindfulness can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Stressbuoy makes no claims, representations or guarantees that the Services provide a physical or therapeutic benefit.

You understand and acknowledge that all users of the Stressbuoy app are responsible for their own medical care, treatment, and oversight.

All of the content provided on the Stressbuoy website and Stressbuoy app, including text, treatments, outcomes, charts, profiles, graphics, photographs, images, advice, messages, are for general informational purposes only and DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Services.

The content is not intended to establish a standard of care to be followed by a user of the Stressbuoy app and Stressbuoy website. You understand and acknowledge that you should always seek the advice of your physician or other qualified health provider with any questions or concerns you may have regarding your health. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information contained in or transmitted through the Stressbuoy app and Stressbuoy website.

Medical information changes constantly. Therefore the information on Stressbuoy app and this website or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this website or any linked websites is solely at your own risk.

The Stressbuoy app and website does not recommend or endorse any specific tests, Services, procedures, opinions or other information that may be provided on the linked websites. The linked websites may contain text, graphics, images or information that you find offensive. Stressbuoy app, its licensors and its suppliers have no control over and accept no responsibility for such materials.

To the extent that you participate in any movement content featured in the Services (such as Walks, Workouts), you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Stressbuoy has advised you of the necessity of doing so. People with existing mental health conditions should speak with their health care providers before trying mindfulness/meditations within Stressbuoy.

International Use

Stressbuoy makes no representation that the Services are accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Services is prohibited from territories where doing so would be illegal. You access the Services at your own initiative and are responsible for compliance with local laws.

Mandatory Binding Arbitration and Class Action Waiver

Mandatory Arbitration of Disputes: You and Stressbuoy agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Stressbuoy agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Stressbuoy are each waiving the right to a trial by jury or to participate in a class action. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. This arbitration provision shall survive termination of these Terms.

Exceptions. As limited exceptions to Section “Governing Law”: (i) we both may seek to resolve a Dispute in local court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778- 7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

Injunctive and Declaratory Relief: Except as provided in Section “Mandatory Arbitration of Disputes”, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

End user license

Subject to the terms of this license agreement (“License Agreement”), as set out in this section and these other Terms, and your payment of applicable subscription fees, Stressbuoy grants you a limited, non-exclusive, revocable license to stream, download and make personal, non-commercial use of the Services.

The Services contain or embody copyrighted material, proprietary material or other intellectual property of Stressbuoy or its licensors. All rights, titles and ownership in the Services remain with Stressbuoy or its licensors, as applicable. The rights to download and use the Services are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

You agree that you will not and you will not assist or permit any third party to:

Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decipher, de-compile, or disassemble the Services in any way, or create derivative works of the Services;
use the Services to send automated queries to any website or to send any unsolicited commercial e-mail;
use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software;
systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

Use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Services;

Rent, lease, loan, make available to the public, sell or distribute the services in whole or in part;
use the Services for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Services;
interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Services;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
Tamper with the Services or circumvent any technology used by Stressbuoy or its licensors to protect any content accessible through the Services;
Upload, post, email, distribute or otherwise send or transmit or introduce any material in any way that contain viruses, worms, trojans, corrupted files, or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves;
make the Services available over a network or other environment permitting access or use by multiple devices or users at the same time;
engage in unauthorized framing of or linking to the Services;
attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services.
circumvent, disable, or otherwise interfere with security-related features of the Services;
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Services;
make any unauthorized use of the Services;
impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.
make the Services available to the public. The Services made available (in whole or in part) are owned by Stressbuoy or its licensors and your use of them must be in accordance with these Terms.
use the Services for any purposes related to scientific research, analysis or evaluation of the Services without the express written consent of Stressbuoy.
Circumvent any territorial restrictions applied to the Services; or
Use the Services in a way that violates this License Agreement or the other Terms.

By breaching the provisions of this section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities, and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE

We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail: Stressbuoy OÜ, Ahtri 12, 10151 Tallinn, Estonia

By Email: hello@stressbuoy.com

Subject line: DMCA

Force majeure

In no event shall Stressbuoy be liable any lack of performance, or the unavailability or for any failure of the Services, or for any failure or delay by us to comply with these Terms to the extent that such lack, unavailability or failure arises from factors outside Stressbuoy‘s reasonable control.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Estonia without regard to its conflict of law provisions. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of the Republic of Estonia to settle any disputes which may arise out of or in connection with this Terms and that accordingly proceedings must be brought in such courts. The parties irrevocably waive any defenses of improper venue or forum non convenience.

If you are a resident of the EU: Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live. If you have a complaint, please contact us at hello@stressbuoy.com. If you feel your complaint is not adequately addressed you may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. Other than as set out in the Terms, Stressbuoy does not participate in any alternative dispute resolution scheme. You may bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. Stressbuoy shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence. You agree that the Services, Terms, and any dispute between you and Stressbuoy shall be governed in all respects by laws of the Republic of Estonia, without regard to choice of law provisions.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may provide you with notice about some critical changes, for example by email or by posting notifications on the Services, but are not obliged to do so in every case. Any other changes will be notified to you only by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you don’t agree to the changes, you should stop using the Services. Use of the Services after any changes to these Terms are made, means that you accept such changes.

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Contact Us

If you want to send any notice under these Terms or have any questions regarding the Services, you may contact us at hello@stressbuoy.com.

We reserve the right to suspend or terminate your Profile, or your access to the Services, with or without notice to you, in the event that you breach these Terms.