Relax

Can’t sleep at night?

Download relax to calm anywhere, anytime and start living a healthier, happier life and sleep. Relax & Keep Calm provide monthly and quarter membership and less than 70% annual price compared to the competitor.

Enjoy relaxing sleep sound, calm for your better sleep, relax can help you focus, breathe, stay calm for spirit, mind cleanse and create everything for a better night’s sleep. Enjoy experiencing lower stress, less anxiety, and more restful sleep with guided calm, sleep story, breathing program, masterclass and so on.

Join the millions experiencing better sleep, lower stress, and less anxiety with our guided meditations, Sleep Stories and relaxing music on Relax.

Relax is designed to be the most efficient Sleep-Aid App to make you fall asleep quickly and wake up relaxed. Relax, take a deep breath and join us on a restful journey to sleep!

Relax is recommended by leading doctors and neuropsychologists to give you a better night’s sleep. Relax is designed to be the most efficient Sleep-Aid and Mindfulness App to make you fall asleep quickly and wake up refreshed. Relax is recommended by top psychologists, therapists, and mental health experts.

Features

100+ guided meditations on anxiety, stress, sleep and more

Entire library of Sleep Stories, with new stories added every week

Exclusive music for sleep and relaxation

Life-changing Relax Master classes or Relax Kids classes taught by world-renowned experts

Unlock Relax Premium

Welcome to join Relax Pro

100+ guided meditations on anxiety, stress, sleep and more

Entire library of Sleep Stories, with new stories added every week

Exclusive munsic for sleep and relaxation

Life-changing Relax Masterclasses taught by world-reowned experts

Privacy & Terms

Privacy Policy for Relax

Preface

Relax(hereinafter referred to as “this product”) is a health & fitness software based on Android system, iOS system mobile phone device (hereinafter referred to as “mobile phone”). Thank you very much for your trust in us.

This privacy policy will help you understand the followings:

1. How do we collect and use your personal information?

2. How do we store your personal information?

3. How do we share, transfer, and publicly disclose your personal information?

4. How do we protect your personal information?

5. Scope of application of the privacy policy

6. Alter and revisions to the privacy policy

7. The privacy policy taking effect

We hope that through this Privacy Policy we will explain how we collect, use, store, share and transfer your personal information when using this product, and how we protect it. Please read and understand this Privacy Policy carefully before using this product, and use our products or services after you have fully understood and agreed. By the time you start using this product, you understand and agree to this Policy and agree to the collection, use, storage and sharing of your information in accordance with this Privacy Policy. If you have any questions, comments or suggestions about the content of this policy, you can contact us through the various contact methods provided in this Privacy Policy.

1. How do we collect and use your personal information?

We collect and use your personal information for the purposes set out in this Privacy Policy for the following purposes:

1.1 Improve our products and services

1.1.1 User experience improvement. We may collect International Mobile Equipment Identity (IMEI) and Network Equipment Address (MAC) encrypted by MD5 algorithm, advertising identifier IDFA, device model, system version number, operating system version number, system number, system ID number, screen resolution, type of Internet access, version number of this product, click time and frequency of one button, option values for certain key configurations, software crash log, using to count the number of users of our products, analyze product usage, version upgrade judgments, troubleshoot the causes of the crashes, and reduce crashes to continuously improve our products. This information does not involve personal information such as your personal identity and etc.

1.2 Security

To improve the security of your services provided by us and our affiliates and partners, protect the personal and property of you or other users or the public from being compromised, and better prevent phishing websites, fraud, network vulnerabilities, cyber attacks, network intrusions and other security risks, more accurately identify violations of laws and regulations or the rules of the relevant agreements. We may use or integrate your account information, device information, software usage information, and information that our affiliates, partners obtain from you, or that are shared by law, for authentication, detection, and prevention of security incidents, and to take necessary actions in accordance with the law. Record, audit, analyze, and dispose of measures in accordance with the law.

1.3 Other uses

Subject to laws and regulations, we may post your personal information in an anonymized, aggregated, desensitized and encrypted form to form a statistical message or user portrait (but the image does not identify any individual), showing and pushing you related services, products, or features. If we use the information for other purposes not covered by this policy, or if the information collected for a specific purpose is used for other purposes, we will ask for your consent in advance.

1.4 Exception for authorization of consent

According to relevant laws and regulations, collecting your personal information in the following situations does not require your authorized consent:

1.4.1 Related to national security and national defense security;

1.4.2 Related to public safety, public health, and major public interests;

1.4.3 Relevant to criminal investigations, prosecutions, trials and execution of judgments;

1.4.4 Out of the protection of personal information or the personal lives and properties of other individuals but difficult to get your consent.

1.4.5 The personal information collected is disclosed to the public by yourself;

1.4.6 Collect personal information from legally publicly disclosed information, such as legitimate news reports, government information disclosure, etc.;

1.4.7 Required to sign a contract according to your requirements;

1.4.8 It is necessary to maintain the safe and stable operation of the products or services provided, such as discover and dispose the failure of products or services;

1.4.9 Required for legal news reporting;

1.4.10 When academic research institutions conduct statistical or academic research based on public interest and provide academic research or description results, de-identify the personal information contained in the results;

1.4.11. Other circumstances as stipulated by laws and regulations.

2. How do we store your personal information?

Personal information we collect and generate within the territory of the People’s Republic of China will be stored in the territory of the People’s Republic of China.

In order to handle cross-border business, it is necessary to transmit relevant personal information collected in China to overseas institutions. We will implement it in accordance with laws, administrative regulations and relevant regulatory authorities. We will ensure that your personal information is adequately protected, such as anonymization, encrypted storage, and more.

If we stop operating the products or services that we love to edit, we will stop the activities of collecting your personal information in a timely manner, and notify you of the notice of suspension of operation by one-by-one delivery or announcement. And delete or anonymize the personal information we store.

3. How do we share, transfer, and publicly disclose your personal information?

3.1 Share

We do not share your personal information with any company, organization or individual, except in the following cases:

3.1.1 We may share your personal information in accordance with laws and regulations, litigation dispute resolution needs, or in accordance with the requirements of the administrative and judicial authorities.

3.1.2 We will share your personal information with other parties with your explicit consent.

3.1.3 We may share your personal information with our affiliates in the event that they provide services to you or us. However, we only share the necessary personal information, and the processing of your information by related parties is subject to this Privacy Policy. If the affiliate company wants to change the purpose of processing your personal information, it will ask for your authorization and consent again.

3.1.4 We will not share your personal information with third-party advertisers, application developers, open platforms or other partners unless you have expressly authorized and agreed to it. We may provide aggregated information, anonymized information, or other information that does not personally identify you. For example, we might tell the application developer how many people have installed the application they developed.

3.1.5 For the sole purpose of this Privacy Policy, we may share your personal information with our suppliers, service providers, consultants or agents to provide better customer service and user experience. These suppliers, service providers, consultants, and agents may provide us with technical infrastructure services, analyze how our services are used, measure the effectiveness of advertising and services, provide customer and payment services, conduct academic research and surveys, or provide legal, financial and technical advisory services. For example, we may occasionally invite registered users to participate in the sweepstakes. If you are lucky enough to win, we need to provide your personal information to the logistics service provider in order to send you our prizes.

3.2 Transfer

We will not transfer your personal information to any other company, organization or individual except in the following cases:

3.2.1 With the development of business in the past, we and our affiliates may conduct mergers, acquisitions, asset transfers or other similar transactions. If the transaction involves the transfer of your personal information, we will require that the new company, organization and individual holding your personal information continue to be bound by this policy, otherwise we will require the company, organization and individual to re-authorize your authorization.

3.2.2 By transferring with your clear consent, that is, with your clear consent, we will transfer other parties your personal information we have obtained from you.

3.3 Disclosure

We will only publicly disclose your personal information in the following circumstances:

3.3.1 Have obtained your explicit consent

3.3.2 We may disclose your personal information publicly in the event of legal, legal, litigation, or mandatory requirements of the government authorities.

3.3.3 Other circumstances as stipulated by laws and regulations.

4. How we protect your personal information?

We have taken industry-standard security measures to protect the personal information you provide and to protect your data from unauthorized access, public disclosure, use, modification, damage or loss. We will take all reasonable and practicable steps to protect your personal information.

4.1 We encrypt and transfer identifiable personally identifiable information to ensure the confidentiality of the data. For your mobile device identifier International Mobile Device Identity (IMEI), Network Device Address (MAC), we will use the MD5 algorithm for anonymization and encryption on your device side, and only collect and upload the anonymized and encrypted identifier.

4.2 If the user has registered our account, we may analyze the user’s login time, IP, login times and other information to properly manage the risk. If there is a suspected non-login operation, we will remind the user via SMS to prevent your account from being logged in. For the data exchange between the mobile phone you use and our client, we use our custom encryption scheme and https double encryption to transmit in order to ensure the security of data transmission.

4.2.3 If our application uses WebView technology, we will perform URL verification on all file protocols used in WebView and restrict access to the application sensitive data and SDCard data, avoiding any private files of the product and sensitive information being maliciously stolen, without special permissions, causing your personal information to be compromised.

4.2.4 We deploy access control mechanisms on the server side, adopt a minimum authorization principle for staff who may be exposed to your personal information, and regularly check the list of visitors and access records.

4.2.5 The server system we store user personal information is a security hardened operating system. We perform account auditing and monitoring of server operations. If we find an externally announced server operating system with security issues, we will perform a server security upgrade in the first place to ensure the security of all our server systems and applications.

4.2.6 We have established a Personal Information Protection Responsibility Team to conduct personal information security impact assessments for the collection, use, sharing, and processing of personal information. At the same time, we have established relevant internal control system, adopting the principle of minimum sufficient authorization for the staff who may come into contact with your information; systematically monitoring the behavior of the staff to process your information, and we regularly organize personal information protection laws for staff members. Regulatory training to enhance staff awareness of personal privacy protection.

4.2.7 In the event of unfortunate incidents in which our physical, technical or management protective measures have been destroyed, we will promptly launch emergency plans to prevent the expansion of security incidents, report them to the competent national authorities in accordance with the requirements of laws and regulations, and promptly adopt pushes, announcements or other  reasonable and effective ways, in order to inform you about the basic situation of the security incident, the possible impact, the measures that have been taken or the measures to be take

4.2.8 After you terminate the use of the service, we will stop the collection and use of your information, except as otherwise provided by laws and regulations or regulatory authorities. If we stop operating, we will stop the collection of your personal information in a timely manner, notify you of the notice of suspension of operation or an announcement one by one, and delete or anonymize your personal information that we hold.

4.2.9 How do we protect the information of minors?

4.2.9.1 We expect parents or guardians to guide minors in using our services. We will protect the confidentiality and security of information of minors in accordance with the relevant laws and regulations of the country.

4.2.9.2 If you are a minor, it is recommended that your parent or guardian read this policy and use our services or provide us with your information with the consent of your parent or guardian. For the collection of your information with the consent of the parent or guardian, we will only use or publicly disclose this information if it is necessary by law, if the parent or guardian expressly agrees or protects your rights. If your guardian does not agree that you use our services or provide information to us in accordance with this policy, please terminate your use of our services immediately and notify us in time so that we can take appropriate action.

4.2.9.3 If you are a parent or guardian of a minor, please contact us through the contact details below when you have questions about the processing of the minors you are monitoring.

5. Scope of the privacy policy

This privacy policy applies only to Relax. Other products and services of the company will use the privacy policy of the relevant products or services. In particular, this Privacy Policy does not apply to the followings:

5.1 Embedding Relax products (or services) into third-party products (or services), information collected by third-party products (or services).

5.2 Information collected by third-party services, advertisements, or other companies, organizations, or individuals that are connected to Relax products (or services).

6. Changes and revisions to the privacy policy

Our privacy policy may change. We will not limit your rights under this Privacy Policy without your clear consent.

We also provide noticeable notices of major changes to this Privacy Policy (for example, in the event of a software revision or upgrade, or when you log back in, you will be notified in a pop-up window)

Significant changes referred to in this policy include but are not limited to:

6.1 Our service model has undergone major changes. Such as the purpose of processing personal information, the type of personal information processed, the way in which personal information is used, etc.;

6.2 We have made major changes in terms of control and etc., such as ownership changes caused by mergers and acquisitions, etc.;

6.3 The main objects of personal information sharing, transfer or public disclosure have changed;

6.4 Significant changes in your rights to participate in the processing of personal information and how it is exercised;

6.5 When the responsible department, contact method and complaint channel responsible for handling personal information security change;

6.6 The personal information security impact assessment report indicates that there is a high risk.

7. Effectiveness of the privacy policy

This Privacy Policy will come into effect on October 17, 2019. You have any questions or comments about this Agreement and the content of the policy, or you have any questions or comments about the practice and operation of the Privacy Policy. You can contact us by Customer Service Hotline(or Email).

Terms of Service

last updated Oct 17, 2019

Welcome to Relax!

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don ’t agree to be bound by these Terms, do not use the Services.

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.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we ’ ll let you know either by posting the modified Terms on the Site or through other communications. It ’ s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don ’ t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Relax will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Who May Use the Services

Eligibility

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.

Using the Services

Via the Services, users can select from a variety of options to create customized relaxation and self-improvement sessions. You can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the “Products”), as described in further detail under the Section titled“Purchases” below.

You understand and agree that the Services, Products and any other information you learn from Relax are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.  Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

Purchases

Fees

Relax offers certain enhanced features of the Services which you can purchase as a  yearly or lifetime subscription ( “Subscription” ). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction” ), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information” ). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order.  If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Relax may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider” ), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.  You ’ ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Relax until accepted and confirmed by Relax. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Relax.

Relax reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Relax deems appropriate in its sole discretion. Relax also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Relax will either not charge you or refund the charges for orders that we do not process or cancel.

Title, Risk of Loss

The risk of loss and title for Products purchased by you pass from Relax to you on shipment from Relax ’ s facility.  All shipments are governed in accordance to Relax ’s standard Shipping Terms.

Return Policy

If for any reason, you are not satisfied with the Product you have purchased and you want to return the Product, please refer to our Return Policy for information on how you may return eligible Products.

Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) For 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 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 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.

Changes to Price Terms for Subscriptions

Relax reserves the right to change its pricing terms for Subscriptions at any time and Relax will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Relax ’ s pricing terms then you may choose not to renew your Subscription in accordance with the section “ Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription. ”

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Relax regarding future functionality or features.

Content and Content Rights

For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership

Relax does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Relax and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Relax a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.

Rights in Content Granted by Relax

Subject to your compliance with these Terms, Relax grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Rights in App Granted by Relax

Subject to your compliance with these Terms, Relax grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Relax reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple ’ s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

These Terms are concluded between you and Relax, and not with App Provider, and that, as between Relax and the App Provider, Relax, is solely responsible for the App.

App Provider has no obligation to furnish any maintenance and support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Relax.

App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the App or your possession and use of the App infringes that third party ’ s intellectual property rights, Relax will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

You must also comply with all applicable third-party terms of service when using the App.

Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party ’ s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

Use, display, mirror or frame the Services, or any individual element within the Services, Relax ’ s name, any Relax trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Relax ’s express written consent;

Access, tamper with, or use non-public areas of the Services, Relax ’s computer systems, or the technical delivery systems of Relax’s providers;

Attempt to probe, scan, or test the vulnerability of any Relax system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Relax or any of Relax ’ s providers or any other third party (including another user) to protect the Services;

Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Relax or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Relax trademark, logo URL or product name without Relax ’s express written consent;

Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Although we’ re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.  If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

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.

Indemnity

You will indemnify and hold harmless Relax and its 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 Content or (ii) your violation of these Terms.

Limitation of Liability

Neither Relax 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 Relax 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 Relax’ 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 Relax for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to Relax, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Relax and you.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Relax 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, Products or Content (collectively, “Disputes” ) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party ’ s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “ IP Protection Action ” ).  If you don ’ t provide Relax with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.

You may not assign or transfer these Terms, by operation of law or otherwise, without Relax ’ s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Relax may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Relax under these Terms, including those regarding modifications to these Terms, will be given: (i) by Relax via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Relax’ 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 Relax. 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.

Contact Information

If you have any questions about these Terms or the Services or Products, please contact Relax at feedback@Relax.com.

Software Credits