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Terms and Conditions

 

Introduction These Terms and Conditions of Use (the “Terms”) are a binding contract between you and PRANABEAT and Katherine Robinson and Timo Lentner. All Parties will be addressed as “PRANABEAT” from here on.

These Terms set out your rights and responsibilities when you use our websites (for example, pranabeat.com), our mobile apps, and the other services provided by PRANABEAT (collectively, our “Services”). The Services are made available solely for your personal, noncommercial use, and the Terms apply whether you access our Services through the web or our app (collectively, the PRANABEAT “Platform”). BY ACCESSING OR USING ANY OF OUR SERVICES (INCLUDING BROWSING OUR WEBSITE), YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OR ACCESS THE SERVICES.

As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:

  • THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER WHERE ALLOWED UNDER APPLICABLE LAW. Disputes arising between you and PRANABEAT will be resolved by binding arbitration, as more specifically set forth in the arbitration agreement included below, to the maximum extent permitted by law. By accepting these Terms, as provided in greater detail below, you and PRANABEAT are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted under applicable law. Our Privacy Policy is expressly incorporated into these Terms, and by using our Services you agree that PRANABEAT can process your information in the ways set out in the Privacy Policy.

  • You consent to the automatic renewal of your Subscription (defined below) until you cancel your Subscription through the Platform. The use of the Services may be subject to third-party terms of service, including the terms of service of Third Party Providers (defined below).

  • PRANABEAT is not responsible or liable for third-party materials included within or linked to the Services. Your use of the Services is at your sole risk, and you should consult with a physician or other healthcare professional before commencing physical or wellness activities through the Services.

 

Will these Terms ever change?

We are constantly improving our Services, and we may introduce new features, make changes to existing features, or suspend or discontinue certain features, so these Terms may need to change from time to time. As a result, we reserve the right to change the Terms as may be required.

Any use or access of the Services after the effective date of the change will constitute your acceptance of such revised Terms. Changes will be effective upon the posting of the changes unless otherwise specified. If you find any change to these Terms or the Services unacceptable, then your sole remedy is to stop using or accessing the Services.

How do I register for and access the Services?

Age limit. You must be at least 16 years of age or the age of legal majority in your jurisdiction (if different than 16) to register for PRANABEAT as a primary account holder and become a PRANABEAT Member. While individuals under the age of 16 may utilize the service as a Family Member (as defined below) in some circumstances, they may do so only with the involvement, supervision, and approval of a parent or legal guardian as the primary account holder.

The Services. The Services consist of mobile applications and websites that enable you to access and schedule breathwork, meditation, fitness, and wellness sessions, and other related services that are delivered by a network of third-party providers such as Breathwork, Meditation, Fitness, and Wellness facilitators. Offerings provided by Third Party Providers may be delivered at a physical location, through apps run by third parties (the “Third Party Apps”), through streaming by Third Party Providers, and/or through other means. Not all Third Party Providers provide offerings or classes in all geographies, and offerings vary by the Subscription Plan that you select. Access to Third Party Providers and/or their classes/offerings is subject to change at any time without notice.

Delivery of Services. You acknowledge that PRANABEAT is responsible only for delivering electronically a proof of Membership and/or Subscription with PRANABEAT as required in order to provide access to a Third Party Provider’s services. You also acknowledge and agree that each Third Party Provider is solely responsible for the delivery, quality, integrity, and regulatory compliance of the services provided, as well as the accuracy of the description of such services listed on the PRANABEAT Platform.

Service limitations or modifications. PRANABEAT will make reasonable efforts to keep the Services operational. However, certain technical difficulties or updates required to reflect changes in relevant laws, regulations, and contractual requirements may on occasion result in temporary interruptions in service. PRANABEAT reserves the right, periodically and at any time, to modify or discontinue any function or features of the PRANABEAT Services except as expressly prohibited by law. PRANABEAT will make reasonable efforts to provide you with advance notice where possible of any material interruption, discontinuation, or modification in Services. You understand, agree, and accept that PRANABEAT has no obligation to maintain, support, or update the Services, or to provide any specific Content (defined below) through the Services.

Accuracy of information.

You are solely responsible for any activity on your account. You are responsible for providing us with accurate and complete registration and enrollment data, and to update it as necessary. PRANABEAT reserves the right to validate the data that you provide us at any time, and we may request any additional information that we deem relevant in order to verify the information that you have provided. You must select a name for your PRANABEAT User ID that you have the legal right to use; you may not use the name or other information of another person and you may not impersonate another person in any way on our Platform or in using our Services. You may not transfer, sell or rent your username or account to any other person or any other organization. In the event that PRANABEAT determines in its sole discretion that any data that you provided is incorrect, or that you have otherwise violated these Terms, PRANABEAT reserves the right to suspend or terminate your account without compensation or reimbursement, or take other measures as may be necessary and appropriate.

What are the fees for subscribing?

Subscription. You may access our website and create a PRANABEAT account. By purchasing a Subscription, you will get full access within your plan level as long as your Subscription remains valid.

Free Trial or Promotion. We sometimes offer trials or other promotions, which are subject to these Terms except as otherwise stated in the promotional offer. By providing your payment details when enrolling in the free trial, you agree that PRANABEAT may charge the Subscription Fee (as defined below) to your designated payment method upon conclusion of the free trial period. PRANABEAT reserves the right, in its sole discretion, to determine your eligibility for a free trial or promotion.

WE WILL BILL YOUR DESIGNATED PAYMENT METHOD FOR THE SUBSCRIPTION FEE AT THE END OF THE FREE TRIAL PERIOD UNLESS YOU CANCEL 48 HOURS BEFORE THE END OF THE TRIAL PERIOD OR WITHIN THE TIME PERIOD SPECIFIED IN YOUR PROMOTIONAL OFFER. You may cancel by logging into the platform and following the prompts under the “subscription” settings.

Subscription Fee. The fee for a PRANABEAT Subscription is set forth during the enrolment process or otherwise provided in the PRANABEAT Platform (the “Subscription Fee”). The PRANABEAT Subscription Fee is non-refundable except as expressly outlined in these Terms or as required under applicable law. There are no partial refunds unless otherwise allowed by PRANABEAT in its sole discretion.

PRANABEAT may change the price for any Subscription Plan, including recurring Subscription Fees, and will communicate any such changes to you in advance if there is an increase in payment due from you. Subject to applicable law, you accept the new price by not canceling your Subscription after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing to the Services prior to the price change going into effect.

We reserve the right to correct any material error, inaccuracy or omission that is made when an offer for a particular Subscription is shown to you. If we determine that an error requiring correction results in a material disadvantage to you, we will notify you and provide you with the corrected information before charging you.

Billing. You will be billed through either payroll deduction, by credit card, or by another payment method that is enabled in the PRANABEAT Platform (your “Payment Method”). We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your PRANABEAT account (your “Billing Account”). The processing of such payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor.

By choosing to purchase a Subscription, you agree to pay all charges at the prices which was at that time in effect for any such Subscription in accordance with the applicable payment terms and you authorize us to charge your chosen Payment Method. We reserve the right to correct any errors or mistakes made in the billing process even if the payment has already been requested or received. If PRANABEAT does not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. PRANABEAT is not responsible for any taxes that may apply to the purchase of Subscriptions or on the goods and services provided by Third Party Providers. YOU MUST PROVIDE UPDATED CURRENT, COMPLETE AND ACCURATE DATA FOR YOUR BILLING ACCOUNT. Changes to such data can be made in your account settings through the Platform.

Automatic Recurring Billing. By purchasing a Subscription, you agree that, upon expiration of the initial Subscription term, your Subscription will automatically renew for successive periods of the same duration as the initial Subscription term unless and until you cancel your Subscription. YOU AUTHORIZE PRANABEAT TO CHARGE YOUR ACCOUNT USING A PAYMENT METHOD ON FILE FOR YOU TO PAY FOR

Copyright Infringement

Repeat Infringer Policy. Our intellectual property policy is to (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Services; and (ii) remove any User Content uploaded to the Services by repeat infringers. We consider a “repeat infringer” to be any user that has uploaded User Content to or through the Services and for whom we have received more than two takedown notices compliant within the provisions of applicable law with respect to such User Content (for example, 17 U.S.C. § 512 in the U.S.). We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our sole determination.

Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by us with the user alleged to have infringed a right you own or control, and you hereby consent to us making such disclosure. Your communication must include substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; (ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works; (iii) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated Agent Contact Information. Our designated agent for receipt of Notifications of Claimed Infringement (the “ Designated Agent”) can be contacted at: the PRANABEAT Help Center or by mailing a notification to our registered address with “ATTN: Legal”.

Counter Notification. If you receive a notification from us that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to our Designated Agent through one of the methods identified above and include substantially the following information: (i) a physical or electronic signature of the subscriber; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of Australia, then for any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification as outlined above or an agent of such person.

Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to us in response to a Notification of Claimed Infringement, then we will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that we will replace the removed User Content or cease disabling access to it in 10 business days, and we will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless our Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on our system or network.

False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of PRANABEAT relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

We reserve the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

Will PRANABEAT contact me?

When you open an account or provide your information to us, you agree that PRANABEAT may contact you via email, direct mail, telephone, messaging app, text message or other available means at any of the addresses or phone numbers you provide, including for marketing. You may opt-out of marketing emails or communications by following the unsubscribe link or other directions provided in the communication, or by contacting us through the Help Center in the app or on our website.

Health and Safety Warnings

PRANABEAT does not provide health care, medical services, or physical training services. The information that you obtain through using the PRANABEAT Services including without limitation any advice, information, breathwork activities, meditations, journalling prompts, workouts, exercises, regimens, nutritional plans, recipes, counseling or other materials (collectively, the “Fitness and Wellness Information”), are provided for general informational, educational, and entertainment purposes only, and do not constitute medical advice. PRANABEAT Services are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used

as, a substitute for a professional psychological or medical evaluation. PRANABEAT advises you to consult your physician prior to engaging in any breathwork exercises, fitness plan, nutrition regimen, or other wellness program.

By using our Services, you acknowledge and understand that you may receive Fitness and Wellness Information on physical activities, wellness advice, breathwork instruction or other exercises or services, which may potentially be dangerous activities based on your personal physical, mental or emotional condition. You should consult with your physician prior to using our Services or any Fitness and Wellness Information. If you choose to use our Services, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in breathwork exercises, meditations, journalling reflection exercises, active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Services, and you hereby assume all risks associated with using such Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRANABEAT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE BREATHWORK, HEALTH, FITNESS AND WELLNESS INFORMATION AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH BREATHWORK, HEALTH, FITNESS AND WELLNESS INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY BREATHWORK, HEALTH, FITNESS AND WELLNESS INFORMATION IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRANABEAT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY BREATHWORK, HEALTH, FITNESS AND WELLNESS INFORMATION.

What else do I need to know?

Warranty Disclaimer. To the fullest extent allowed by applicable law, neither PRANABEAT nor its licensors, suppliers, or Third-Party Providers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY PRANABEAT ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, BREATHWORK, JOURNALLING / REFLECTION EXERCISES, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Waiver and Release.YOU UNDERSTAND AND ACKNOWLEDGE THAT PRANABEAT INTERMEDIATES SERVICES WITH THIRD-PARTY PROVIDERS, AND PRANABEAT DOES NOT ASSESS THE SUITABILITY, COMPLIANCE WITH ANY APPLICABLE RULES OR REGULATIONS OR QUALITY OF ANY FACILITY, CLASS OR SESSION PROVIDED BY ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM, OR IN ANY WAY RELATED TO, YOUR USE OF PRANABEAT SERVICES AND THE SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. PRANABEAT WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. YOU ACKNOWLEDGE THAT ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES, AND/ OR ASSIGNS, THAT THERE ARE INHERENT RISKS AND DANGERS IN BREATHWORK, JOURNALLING / REFLECTION TASKS, EXERCISE AND WELLNESS ACTIVITIES. BY BOOKING, ATTENDING AND PARTICIPATING IN THE SERVICES OF PRANABEAT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF THE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PRANABEAT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 AUD OR (II) THE AMOUNTS PAID BY YOU TO PRANABEAT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. Some states and countries do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

Indemnity. To the extent permitted by applicable law, you agree to indemnify and hold PRANABEAT, its affiliates, officers, agents, and employees, harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by

operation of law or otherwise) without PRANABEAT's prior written consent. We may transfer, assign, or delegate these Terms and any, or all, of our rights and obligations under these Terms without your consent, provided that you may rescind the assignment if you object to the transfer unless the assignment is due to a merger or acquisition of PRANABEAT.

Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and any terms regarding disputes between us, including without limitation the Arbitration Agreement (as defined below).

Severability.If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Force Majeure.Neither PRANABEAT nor you shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, pandemic, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means.

Choice of Law. If you reside in Australia, you agree that the law of Australia, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and PRANABEAT.

If you reside outside of the Australia, the laws and courts of your country of residence will apply to any disputes arising out of or relating to these Terms or PRANABEAT's Services, and you can bring legal proceedings to your local courts. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.

For users in the European Economic Area or the United Kingdom, you have the right to withdraw from your Subscription within 14 days after your purchase without giving any reason. To meet the withdrawal deadline, you must send us your cancellation request before the withdrawal period has expired.

ARBITRATION AGREEMENT FOR USERS IN AUSTRALIA

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with PRANABEAT and limits the manner in which you can seek relief from us. Both you and PRANABEAT acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, PRANABEAT's officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement.Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Australia. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

(b) Small Claims Court. Furthermore, either you or PRANABEAT may assert claims, if they qualify, in small claims court in Australia or any state or territory where you live or work.

(c) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.

(d) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: contact@pranabeat.com postmarked within 30 days of first accepting these Terms. You must include (i) your name and residence address; (ii) the email address and/or telephone number associated with your account; and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(e) Exclusive Venue. If you send the opt-out notice in (d), and/or in any circumstances where the foregoing arbitration agreement permits either you or PRANABEAT to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and PRANABEAT agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Australia, and you and PRANABEAT consent to personal jurisdiction in those courts.

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS

PRANABEAT Breathwork, Meditation, Journaling, Wellness, and Health Website

IMPORTANT: READ CAREFULLY BEFORE PARTICIPATING

Introduction

This Release of Liability, Waiver of Claims, and Assumption of Risks (hereinafter referred to as "Release Agreement") is a legally binding contract between you, the participant (hereinafter referred to as "Participant" or "you"), and PRANABEAT, the owner of the breathwork, meditation, journaling, wellness, and health App and website (hereinafter referred to as "PRANABEAT" or "Website"). By accessing or using any services, content, or materials provided by PRANABEAT, you acknowledge and agree to the terms and conditions set forth in this Release Agreement.

Nature of Activities

PRANABEAT offers a range of activities, including but not limited to breathwork exercises, meditation sessions, journaling guidance, wellness advice, and health-related information. These activities may be conducted in various forms, such as written content,

audio, video, or live sessions. It is your responsibility to select the activities that are appropriate for your physical, mental, and emotional condition.

Assumption of Risks

Breathwork, meditation, journaling, wellness, and health activities, whether conducted through PRANABEAT or in-person, involve inherent risks and dangers that cannot be completely eliminated. These risks may include but are not limited to the following:

1. Physical Injury: Participation in breathwork exercises, meditation sessions, and wellness activities may involve physical movements and exertion, which can lead to injuries, such as muscle strains, sprains, or fatigue.

2. Emotional and Psychological Impact: Breathwork, meditation, and journaling exercises may bring up emotions, thoughts, or memories that can be challenging or distressing. You may experience feelings of sadness, anxiety, anger, or vulnerability.

3. Health Risks: If you have underlying medical conditions, such as cardiovascular issues, respiratory problems, or mental health disorders, participating in these activities may have adverse effects on your health.

4. Reliance on Content: PRANABEAT provides information, guidance, and recommendations related to wellness, health, and self-improvement. You assume the responsibility for evaluating the accuracy and suitability of this content for your individual needs.

5. Technological Risks: PRANABEAT's activities may require the use of electronic devices, internet connectivity, or third-party platforms. Technical issues, interruptions, or data breaches may occur.

Release of Liability and Waiver of Claims

In consideration of being allowed to access and use PRANABEAT's services, content, and materials, you agree to release and discharge PRANABEAT, its officers, directors, employees, agents, representatives, and affiliates from any and all claims, liabilities, demands, actions, causes of action, costs, and expenses arising out of or related to your participation in PRANABEAT's activities. This release of liability and waiver of claims includes, without limitation, claims for personal injury, emotional distress, property damage, or loss.

You acknowledge that you have carefully read this Release Agreement, understand its contents, and voluntarily agree to its terms. You further understand that by participating in PRANABEAT's activities, you are giving up certain legal rights, including the right to sue PRANABEAT for claims arising from your participation.

Indemnification

You agree to indemnify and hold PRANABEAT, its officers, directors, employees, agents, representatives, and affiliates harmless from any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising from or related to your use of PRANABEAT's services, content, or materials or your violation of any terms or conditions set forth in this Release Agreement.

Privacy and Data Security

PRANABEAT is committed to protecting your privacy and data security. Please refer to PRANABEAT's Privacy Policy for information on how your personal data is collected, processed, and safeguarded.

Governing Law

This Release Agreement shall be governed by and construed in accordance with the laws of the country or state where you reside.

Severability

If any provision of this Release Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

This Release Agreement represents the entire understanding and agreement between you and PRANABEAT regarding its subject matter and supersedes all prior or contemporaneous oral or written communications, understandings, or agreements.

Acknowledgment of Understanding

By accessing or using PRANABEAT's services, content, or materials, you acknowledge that you have read and understood this Release Agreement, and you voluntarily agree to its terms. If you do not agree with any part of this Release Agreement, you should not participate in PRANABEAT's activities or use its services, content, or materials.

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