Thanks for choosing Meditopia!

Meditopia, through the special software it has developed with the support of specialists in this topic, is always on your service for you to be a happier and more peaceful and a mindful person.

The services accessible through www.meditopia.com (the “Website”) and Meditopia mobile application (the “Application”) (the “Services”) are provided by us, The Meditation Company GmbH, (the “Company” or “Us” or “We”) registered at the address Rosenthaler Straße 13, 10119 Berlin, Germany

These terms of use (“Member Contract” or “Terms”) contain the terms and conditions on the services we provide through the Website and the Application, and applies to those who visit the Website or use the Application (“You” or “Member”). You are encouraged to read this Member Contract carefully and in case you do not agree with the Terms you must refrain from accessing the Website or using the Application. Should you have any questions or concerns about the Terms, please do not hesitate to contact our member happiness team through [email protected]

By using our Services, you also accept and acknowledge our Privacy Policy, which explains how we collect, use, and sometimes share your information when necessary. It also explains the many ways you can control your information and your rights according to applicable Data Protection Laws.

By using our Services through the Application and/or by making any purchases through a third party, including, but not limited to Apple App Store and Google Play Store, additional terms and conditions of such third party apply, along with the provisions of this Member Contract.

We reserve the right to make changes to our Member Contract, Privacy Policy and any other terms and conditions at any time without prior notice. You will be notified of these changes via your contact information provided at the time of your registration.

If any of the provisions of this Member Contract is deemed to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

What we do

We provide guided meditations, blog articles, sleep stories and music related to mindfulness and mental health, solely in a general informative nature.

Who can use our services

You must be at least 18 years old or the minimum legal age in your country to use our Services. Our Services are not intended for use by or targeted towards for anyone under the age of 18. If you are not 18 years or older, or at least the minimum age in your country, please refrain from visiting the Website or using the Application. If you are not 18 years old or of the minimum legal age in your country, you will be considered as having received the explicit consent of your parents or legal guardians for using our Services and becoming bounded by this Terms.

How you cannot use our services:

Our Services are intended and offered for private, personal and non-commercial use only and we reserve the right to cease and suspend the Services and to terminate your membership if we suspect that your use of the Application and/or the Website is for commercial purposes. You agree, declare and undertake not to demand any compensation under any name, if that occurs.

Our service options:

Free Membership: You may access our Services which do not require payment (“Free Services”) through “Free Membership”. We may suspend, change, limit, or terminate the Free Membership for any reason at any time without notice.

Premium Membership: You may access our Services which require payment (“Paid Services”) through a “Paid Subscription” and become a “Premium Member” for a specified period or for recurring periods. Premium Membership may be purchased directly from us or through a third party either by paying a subscription fee in advance on a monthly, quarterly, semi-annual, annual or any other recurring interval (“Recurring Subscription Fee”) or by purchasing a code, gift card, pre-paid offer or other offer provided or sold by us or on behalf of us (“Code”) for access to Paid Services for a specific time period (“Pre-Paid Fee”).

If you have purchased Premium Membership or commenced a Trial through a Code, additional terms and conditions presented to you along with the Code may also apply. In that case, you agree to comply with such terms and conditions, in addition to this Member Contract.

When a Paid Subscription is purchased through a third party, such third party’s terms and conditions may apply to your Paid Subscription, along with the provisions of this Member Contract or any other applicable terms and conditions.

Price Changes:

The price of the Paid Subscription may be changed at any time and you will be notified when the price of a Paid Subscription increases. If required, we will seek your consent to continue with the increased price.

In any case, the price change will take effect at the start of the following subscription period which follows the date of the price change. In case you do not agree with the price change, you may always reject the price change by unsubscribing from the Paid Subscription within the subscription period.

Automatically Recurring Subscriptions and How to Cancel Them:

If you are using the Paid Services through the payment of a Recurring Subscription Fee, the payment shall be renewed automatically at the end of the then-current subscription period, unless you cancel your Paid Subscription before the end of the subscription period by sending your request to [email protected] if you purchased the Paid Subscription through us, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party, such as Google Play Store and Apple App Store. We would like you to know that such cancellation will take effect at the end of the then-current subscription period and you will not be refunded for the subscription period which you have cancelled your Paid Subscription within. To avoid any discrepancies, you will not receive a refund for the Subscription Fee you already paid for your current subscription period and you will continue to receive the Paid Services ordered until the end of your current subscription period.

WE MUST REMIND YOU THAT IF YOU HAVE PURCHASED YOUR PAID SUBSCRIPTION THROUGH A THIRD PARTY, YOU MUST CANCEL DIRECTLY WITH THAT THIRD PARTY, SUCH AS GOOGLE PLAY STORE AND APPLE APP STORE.

Trials:

From time to time me may offer you trials of Premium Memberships for a specific period (“Trial Period”), without payment. Any Trial or other promotion that provides access to the Paid Services must be used within the specified Trial Period. We or third parties may require you to provide your payment details in order for you to be eligible for any Trial. BY PROVIDING YOUR PAYMENT DETAILS YOU AGREE AND ACKNOWLEDGE THAT YOU WILL BE CHARGED FOR THE SPECIFIED SUBSCRIPTION FEE UNLESS YOU CANCEL THE APPLICABLE PAID SUBSCRIPTION WITHIN THE TRIAL PERIOD. If you have received your Trial through us by signing up for the Trial through the Website, you may contact us through [email protected] to cancel your paid subscription. If you signed up for the Trial through the Application, you actually received your Trial through a third-party, either Google Play Store or Apple App Store. In that case you must cancel the applicable paid subscription through the third party, in line with the cancellation and refund policies of such third party.

If you have received your Trial through us and cancelled your applicable paid subscription within the Trial Period but you have inadvertently charged for Premium Membership, you should contact us at [email protected]

Special Offers, Campaigns and Promotions:

We may provide and organize various campaigns and offer certain promotions, such as discounts, gifts, deals or other offers through the Website or the Application from time to time (“Promotions”). The separate terms and conditions of such Promotions, along with this Terms and any other terms and conditions which may apply, will be determined by us and apply to your participation in such Promotion. We reserve the right to make any changes to any Promotion and/or to suspend such Promotion both before and during such Promotion is in effect, without notice.

Both during the term of a Free and/or Premium Membership and after their termination, the Company, its affiliates or third-party business partners, within the scope of the your consent, and without your prior authorization, may send messages with information, marketing and/or commercial purposes via commercial electronic messages or other means of communication with marketing and advertising purposes such push notification, electronic mail or short message. You may also opt-out of these communication lists by informing us of your request by sending an email to [email protected] or to another address we will share in the future.

Right of Withdrawal and Refunds

By using our Services, you agree and acknowledge that our Services are deemed as “immediately performed services on electronic platform”, and that you shall not have the right to withdraw and no payment is to be refunded, in accordance with Article 15 of the Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188. Having said that, the general terms and conditions of App Store or Google Play Store shall be applied to the right of withdrawal from the in-application purchases conducted accordingly.

For purchases conducted through Apple App Store, you can request a refund from Apple only. For all purchases made through Apple App Store, Apple acts as the distributor and handles refunds themselves. You accept and acknowledge that we cannot make a refund for purchases conducted through Apple App Store. For more information on Apple’s refund process please refer to
https://support.apple.com/en-us/HT204084 .

For purchases conducted through Google Play Store and/or the Website, the Company shall evaluate the refund requests at its sole discretion provided that any of the below criteria are met:

· In annual Premium Subscriptions, the refund request must be made within 30 days following the payment,

· In semi-annual Premium Subscriptions, the refund request must be made within 7 days following the payment.

You agree and acknowledge that the refund process for purchases conducted through Google Play Store and/or the Website is merely complimentary, in the Company’s sole discretion in each case and the Company shall make no refunds for 3-month and one-month Premium Subscriptions conducted through Google Play Store and/or the Website.

Billing

We use a third-party payment processor (the “Payment Processor”) in order to receive your payments for purchases made through us. The processing of such payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Member Contract. We shall be not liable for any damages caused by the Payment Processor. By making a purchase through us, you agree to pay us, through the Payment Processor, all charges at prices in effect on the date of purchase and/or on dates the subscription renews automatically, for any use of such Paid Services in accordance with the applicable payment terms, and authorize us, through the Payment Processor, to charge your chosen payment provider (“Payment Method”).

You must provide up-to-date, complete and accurate information for the billing (such as a change in billing address, credit card number, or credit card expiration date) and must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as an unauthorized disclosure or use of your user name or password. Changes to such information may be made at Apple App Store or Google Play Store security page depending on purchase.

Disclaimer

Even though our goal is to help you in becoming a happier, more peaceful and a mindful person, we make no claims that our Services can provide such benefits.

Our Services are provided on an “As Is” and “As Available” basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including, but not limited to, the implied-warranty of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that we do not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free, nor do We make any warranty as to the results that may be obtained from use of the Services, and no information, advice or services obtained by you from us or through the Services shall create any warranty not expressly stated in this Terms.

Our Services neither substitute any doctor, medical advisor or professional psychological counselor nor are designed or intended to diagnose or prevent any disease or medical problem. By visiting the Website or using the Application, you agree that we shall not be held liable for the use of the Website or the Application.

You will be provided with all our Services via internet connection. You accept and acknowledge that we have no representation or responsibility regarding the fees applied for your internet usage.

If you have any doubts about your health either before using our Services for the first time or while using our Services, you must consult your doctor before beginning to use or continuing to use our Services. You shall not use our Services if you have any medical problem or risk.

Copyrights, Trademarks and All Intellectual Property

All content included in or made available through any of our Services, such as meditations, sleep stories, scripts, text, graphics, logos, button icons, images, audio clips, videos, and software is the property of the Company or the Company’s content suppliers and protected by Turkish and international copyright laws. In addition to that, all trade names, trademarks, logos, domain names and company marks of the Company are protected by international trademark laws and other laws of Turkey and foreign countries.

What happens to the content you provide us with?

From time to time we may offer certain features within our Services which would allow you to submit your content to us, such as a testimonial. In that case, we shall not claim ownership of the content, but you shall grant us with a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. To learn more about how we use user generated content, review our Privacy Policy.

Indemnification:

You hereby indemnify and hold harmless the Company and its group companies, officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or (ii) your violation of any provisions of this Member Contract

Dispute Resolution

Any kind of dispute occurring or arising from this Terms shall be settled by the courts and enforcement offices of Istanbul / Turkey. The Members, who qualify to be consumers and who do not act in commercial or professional purposes, may apply to consumer courts or tribunals in disputes.

This Member Contract shall constitute an evidence for the resolution of disputes in accordance with the Turkish Civil Procedural Law.