Terms & Conditions

1. Acceptance of Terms

By accessing or using the App, you agree to be bound by these Terms, whether you are a registered user or a visitor. If you do not agree to these Terms, do not use the App.

2. Privacy Policy

Please refer to our Privacy Policy  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.

3. User Eligibility

You have the right to access, correct, delete, or export your personal data. To exercise these rights or manage your preferences regarding cookies and tracking technologies, please contact us at the address provided below.

4. Changes to Terms of Service

We reserve the right to change or modify our terms of service at any time. We will notify you if we do so by posting the modified terms on our website. By continuing to use our services after we have posted the modifications, you are indicating that you agree to and are bound by the modified terms.  If you don’t agree to be bound by the modified terms, then you must discontinue use of our services.

5. User Registration

To access certain features of the App, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account, whether or not you know about them.

6. User Conduct

You agree to use the App in accordance with all applicable laws and regulations. You are solely responsible for your interactions with other users of the App.

7. Intellectual Property Rights

In the event of a data breach involving your personal information, we will notify you as is required by law.

8. User Agreement for "Create Section"

The "Create Section" within the App has its own User Agreement that outlines specific terms and conditions related to content creation and ownership. By using the "Create Section," you agree to adhere to the terms and guidelines provided in the User Agreement for the "Create Section." Please review the User Agreement for the "Create Section" for detailed information.

9. User Agreement for "Yoga Section"

The "Yoga Section" within the App has its own User Agreement that governs your participation in 1-1 yoga sessions and related activities. By using the "Yoga Section," you agree to adhere to the terms and rules outlined in the User Agreement for the "Yoga Section." Please review the User Agreement for the "Yoga Section" for detailed information.

10. Termination and Account Deletion

We reserve the right to terminate or suspend your account and access to the App for any reason, at our sole discretion, including but not limited to violations of these Terms or for behavior that we deem inappropriate, harmful, or disruptive to the App's community. This includes the right to ban users from the app at any time  without prior notice.

By using the App, you acknowledge and agree that we may take such actions to ensure the safety, security, and positive experience of our users and the integrity of the App.

11. Liability and Disclaimer

Neither My Dear Friend LLC nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not My Dear Friend LLC has 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. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will My Dear Friends LLC’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to for the use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to My Dear Friends LLC, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between My Dear Friends LLC and you.

Your use of the App is at your own risk. We are not responsible for any injuries, damages or losses resulting from your use of the App.

12. Indemnification

You agree to indemnify and hold My Dear Friends LLC, its affiliates, and its employees harmless from any claims, disputes, demands, liabilities,  damages and losses arising out of or in any way connected with your use of the App.

13  Arbitration Notice

You agree that all disputes between you and My Dear Friend LLC, except for those exempt in the arbitration section below will be resolved by binding individual arbitration and that you are waiving your right to a trial by jury or to participate as the plaintiff  or class member in a civil and/or class action  lawsuit.

14 Agreement to Arbitrate

You and My Dear Friend, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, or validity thereof or the use of the services, products or content will be settled by binding arbitration except that each party retains the right to bring an individual action in small claims court and to seek injunctive relief or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyright, trademark, trade secrets, patents or other intellectual property rights. The exclusive jurisdiction and venue of any Intellectual Property action will be the state and federal courts of New York.

15 Rules for Arbitration

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

16.  Renewal and Changes to  price terms for subscriptions

All amounts are payable and charged for one-off purchase  at the time you place your order.  For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal up and until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email a ……com t If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

We reserve the right to change its pricing terms for subscriptions and personal services at any time. We will notify you in advance of any changes to these Terms, and the revised Terms will be effective as of the date specified in the notice. Changes to pricing terms will not apply retroactively.  

17. App Store and Google Play Compliance

By using the App, you acknowledge that it complies with app store guidelines and terms of service.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the state and federal courts located within the state of New York.

19.  Warranty Disclaimer

The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

20. Severability

If any provision or portion thereof, of the Terms of Service is found to be invalid, unlawful or unenforceable to any extent, such provision of this Agreement will be enforced to the maximum extent permissible by applicable law so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us at: My Dear Friends LLC
25 Melville Park Road, STE 69
Melville, NY, 11747
Email: support@mydearfriends.org By using the App, you acknowledge that you have read and understood these Terms of Service and agree to comply with and be bound by them. My Dear Friends LLC’s  failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of My Dear Friends, LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

1. Acceptance of Terms

By using the "Create Section" within the App, you acknowledge and agree to the terms and conditions outlined in this Agreement. If you do not agree to these terms, do not use the "Create Section."

2. Purpose of "Create Section"

The "Create Section" allows users to submit requests for the creation of custom meditations. While we encourage creativity and personalization, we maintain certain guidelines to ensure a positive and safe user experience.

3. Content Ownership

Users retain full ownership of the content they submit in the "Create Section." We do not claim any rights to the content, and we will not use it on the App for any purpose without your express permission.

4. Content Creation Process

When using the "Create Section," please be aware of the following process:

• Users can submit requests for custom meditations.
• - Our team will prepare an initial draft based on your request.
• - You have the option to request up to two (2) edits to refine the content to better meet your preferences.
• - Once you approve the final script in textual form, it will be converted to an audio file, recorded and edited by one of our trained professionals.
• - The approved meditation will be accessible within the App, available for download, and suitable for offline use.

5. Payment

Payment for the approved meditation is required within the App. Please note that this payment is non-refundable. We reserve the right to amend the process at any time to request payment either before the initial draft is provided, or after.

6. Submission Review

All content submissions in the "Create Section" are subject to review by our moderation team. We reserve the right to deny or remove any content that violates our guidelines or is deemed inappropriate.

7. Expected Timeline

When using the "Create Section," please be aware of the following expected timeline for our side:

• -Allow up to three business days for us to prepare the initial draft.
• -We may need an additional two business days to incorporate your requested edits.
• -A further three business days may be needed for the completion of the final audio file.

8. Maximum Request Duration

The "Create Section" is intended for the creation of custom meditations and similar content with a focus on brevity and mindfulness. To ensure the quality and effectiveness of the content, the maximum total duration for a request in the "Create Section" is limited to 20 minutes of total audio file length. Additionally, the average textual script submitted for content creation should not exceed 1500 words. This limitation is in place to maintain the user-friendly and concise nature of the "Create Section" and to prevent the creation of lengthy audio files or texts, such as audio books or long-format content, which may not align with the intended purpose of this section. We appreciate your understanding and cooperation in adhering to these guidelines.

9. User Responsibility

By using the "Create Section," you acknowledge and agree that:

• -You are solely responsible for the content you submit.
• -We may use, modify, or display your submitted content within the App as necessary to fulfill your request.

10. Termination and Account Suspension

We reserve the right to suspend or terminate your account and access to the "Create Section" for violations of this Agreement or for behavior that we deem disruptive or harmful to the App's community.

11. Dispute Resolution

Any disputes or concerns related to content submissions or the "Create Section" will be subject to our general dispute resolution process, as outlined in the App's Terms of Service.

12. General Terms

In addition to the specific terms outlined in this Agreement, you agree to comply with the general terms and conditions of the App's Terms of Service, including but not limited to user eligibility, account registration, and user conduct.

By using the "Create Section" within the App, you acknowledge that you have read, understood, and agreed to this User Agreement, as well as the App's Terms of Service.