The App "VOS" (the "App") is owned and operated by Luvelu s.r.o., company registered according to the law of the Czech Republic, Identification Number: 09214089, with its registered office at Polská 1211/26, Vinohrady, 120 00 Praha 2 (hereinafter referred to as "Luvelu", "we", "us" or "our"). The use of the App and the content and information available within the App (hereinafter referred to as "Services") shall be subject to acceptance of and compliance with the terms and conditions set forth in these terms of use (hereinafter referred to as "Terms of Use") and elsewhere within the App. The terms "you", "your", "yours", "user", "users" and "yourself" refer to all users of the App. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the App. If you do not agree to these Terms of Use, you should not use the App. Luvelu has the total right to edit or delete any content within the App, without notifying you.
1. GENERAL INFORMATION
1.1. You agree not to:1.1.1. reproduce, copy, distribute, modify, publish, transmit, display, use, reuse, re-publicize, assign, sublicense, sell, or exploit for any public or commercial purpose, any portion of the App, use of the App, or access to the App;1.1.2. attempt to change, add to, remove, deface, hack or otherwise interfere with the App or any material or content displayed on the App; and/or1.1.3. (access or use the App in any way that could or is intended to damage or impair the App, or any server or network underlying the App, or interfere with anyone else's use and enjoyment of the App.
2. THE PURPOSE OF THE APP
2.1. The App is created for purposes of personal development of users and serves as a platform for self-realization through built-in tools within the App. The App is based on analyzing of some of the User’s data, as data from social networks, data from contests, giveaways, and surveys, geo-location data, and other data. These data serve as source for evaluating the User’s mental environment. The data are therefore processed within the App and the User shall receive an overview of impacts of different situations in his life on his peace of mind. Following the analyzes of these data the App provides online and mobile meditation, mindfulness, sleep and movement content in the health & wellness space. Within the App, the Users can also use consultations with a therapeutic counseling center via online chat.
3. REGISTRATION
3.1. The App may be only used by registered users. The registration is made through either (i) Facebook Account, (ii) Google Account or (iii) Apple ID Account; and the name, email and photograph provided by these networks are used within the App. The change of the registered data is possible, excluding the username. In case of invalid or unreal data, we are entitled to delete the respective account. You may also delete your account including all your provided data at any time. The download of the App is possible even without the registration.
4. PAYMENTS
4.1. The use of the App is free of charge. Advanced use of the App is subject to a charge. The user has the possibility to pay (i) monthly or (ii) annual fees in the App for using the App. Charges are paid through iTunes. In-app charges are automatically renewed and can be canceled at any time with effect to the beginning of the following payment period. For more information on payments, including taxes and in-app refunds, visit the iTunes or Google Play Terms and Conditions.
5. DISCLAIMER AND EXCLUSION OF LIABILITY
5.1. The App, the Services and the information on the App are provided on an "as is, as available" basis without any warranties whether express or implied.5.2. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the App and its contents, including in relation to any inaccuracies or omissions in the App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, noninfringement or implied warranties from course of dealing or usage of trade.5.3. We do not warrant that the App will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the App will not be affected by any Acts of God or other force majeure events, including inability to obtain or shortage of power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.5.4. While we may use reasonable efforts to include accurate and up-to-date information on the App, we make no warranties or representations as to its accuracy, timeliness or completeness. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE APP, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.5.5. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.5.6. Notwithstanding our efforts to ensure that our Site/system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the App, or electronic mail transmitted to and from us, will not be monitored or read by others.5.7. Although we use reasonable endeavors to ensure that any software made available on the App is suitable for downloading, installation and use by you, all such software is provided "as is" without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
6. MEDICAL DISCLAIMER
6.1. The App provides online and mobile self-reflection, journaling, meditation, mindfulness, sleep and movement content in the health & wellness space. We are not a health care or medical device provider, nor should our Products 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 can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Luvelu makes no claims, representations or guarantees that the App provide a physical or therapeutic benefit.6.2. Any health information and links within the App, whether provided by VOS or by contract from outside providers, is provided simply for your convenience.6.3. To the extent that you participate in any movement content featured within the App 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 VOS has advised you of the necessity of doing so.6.4. Any advice or other materials within the App are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice 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 App.6.5. During the use of this App, the users acknowledge that VOS is not a medical device, and therefore we do not predict any mental issues, mental diseases, attacks, etc. We are not liable or responsible for any health issues and their not-solving.6.6 Within the App, the Users can use the consultation with the therapeutic counseling center via online chat ("Talk to advisor service"). Users acknowledge that the Talk to advisor service is not a psychological, psychiatric or psychotherapeutic service, it is not a health service. Talk to advisor is not a substitute for psychological or psychiatric help provided by health professionals. The Users should consult professional psychologists or psychiatrists regarding their medical condition.6.7. There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive self-reflection or meditation practice. People with existing mental health conditions should speak with their health care providers before starting using the App.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks within the App are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.7.2. Nothing contained on the App should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the App without our written permission. Misuse of any trademarks or any other content displayed on the App is prohibited.7.3. We will not hesitate to take legal action against any unauthorized usage of its trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
8. PERSONAL DATA
8.1. For the purposes of the registration into the App and the use of the App, we collect and use your personal data. We collect and use your personal data in accordance with the respective data protection regulations, in particular:8.1.1. Before or at the time of collecting personal date, we identify the purposes for which data is being collected.8.1.2. We collect and use of personal data solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.8.1.3. All provided personal data is being anonymized by us and is accessible only by authorized persons.8.1.4. We only retain personal data as long as necessary for the fulfilment of those purposes.8.1.5. We collect personal data by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.8.1.6. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date.8.1.7. We protect personal data by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
9. CHANGES TO TERMS OF USE
9.1. These Terms of Use may be modified from time to time. Any modifications to these Terms of Use will be effective upon posting. You should therefore read these Terms of Use before you place any order. Your continued use of the App after any modifications to the Terms of Use indicates your acceptance of the modified Terms of Use.
10. GOVERNING LAW AND JURISDICTION
10.1. The App may be accessed from all countries around the world where the local technology permits. As each country has differing laws, by accessing the App both we and you agree that the laws of the Czech Republic, without regard to the conflict of laws principles thereof, will apply to all matters relating to these Terms of Use.10.2. You accept and agree to submit to the exclusive jurisdiction of the courts of the Czech Republic in respect of any dispute or difference arising out of and/or in connection with these Terms of Use.
11. CONTACT
11.1. In case of any issues, you may contact us under following contacts:Luvelu s.r.o.Web Address: https://vos.healthAddress: Polská 1211/26, Vinohrady, 120 00 Praha 2, Czech RepublicEmail contact: support@vos.health