Terms

Mantra Heals Terms of Service

These Terms of Service (“Terms”) apply to the products and services of Mantra Heals Inc. and our subsidiaries and affiliates (“Mantra Heals,” “we,” or “us”), including our websites, social media pages, software applications, and other online services (collectively, the “Services”).

Account Registration and Security. To use many of the Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. Notify us immediately by email at support@mantraheals.com of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur in connection with your account to the extent permitted by applicable law. You agree not to create an account if we have previously removed you or your account from any of the Services, unless we expressly agree otherwise.

Recurring Subscriptions. If you purchase a recurring subscription to use Mantra Heals Premium (“Recurring Subscriptions”), the subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until canceled. You authorize Mantra Heals to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless canceled in accordance with section 4(c). If we are not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.

Family Plans. You may also purchase a Recurring Subscription as part of a family plan for access to Mantra Heals Premium for you and up to 5 other accounts. You must be at least 18 years old or the age of the majority where you live to serve as the primary account holder for a family plan. A parent or legal guardian must be the primary account holder for any person under 18 years of age that is invited to join a family plan and is responsible for those users’ activities on the Services.

Cancellation. You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. If you purchased your Recurring Subscription via mantraheals.com, you can cancel at https://mantraheals.com/profile/manage-subscription. If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with that third-party. Only the primary account holder of a family plan may cancel a family plan subscription. View our support page or contact us by email at support@mantraheals.com if you need assistance with canceling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to Mantra Heals Premium until the end of your current subscription period.

Changes. We may make changes to your Recurring Subscription, including price changes. We will communicate material changes to your Recurring Subscription, including any changes to the price, in advance to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription as described in section 4(c).

Promotional Offers Converting to Recurring Subscriptions. You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer we offer will be as described in the particular offer (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously subscribed to Mantra Heals Premium or enrolled in a Promotional Offer. If the Offer Terms state that an offer is available only to past subscribers, you must have been a subscriber to Mantra Heals Premium and allowed your subscription to expire before the date stated in the Offer Terms. Mantra Heals reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers may only be claimed through mantraheals.com by any advertised expiration date. You must provide a valid payment method accepted by us to enroll in a Promotional Offer unless otherwise stated in the Offer Terms. Once your promotional period ends, you authorize Mantra Heals to begin billing your designated payment method on a recurring basis at the then-current price for the relevant subscription plus any applicable taxes unless it is canceled in accordance with section 4(c) at least 24 hours prior to the end of the promotional period.

Lifetime Subscriptions. You may purchase a “lifetime” Mantra Heals Premium subscription for one account to access Mantra Heals Premium for the remaining lifetime of Mantra Heals Premium, which may not necessarily be the remainder of your lifetime. The Services may evolve over time and the Mantra Heals Premium features available when you enroll in a lifetime subscription may not always be part of Mantra Heals Premium. Mantra Heals may also launch new Services in the future that are not part of Mantra Heals Premium and therefore outside of your lifetime subscription. Any lifetime subscription you purchase is personal to you and may not be transferred, licensed, or sold.

Other Subscriptions. We may also offer you the ability to access Mantra Heals Premium as part of an agreement between Mantra Heals and your employer, health plan, or another entity. To receive access to Mantra Heals Premium via this method, you must follow the instructions provided by your organization pursuant to the terms of its agreement with Mantra Heals. Your ability to access and use Mantra Heals Premium via this method may be subject to additional terms between you and your organization. Once your eligibility via this method expires, your right to use Mantra Heals Premium via this method will automatically terminate.

Cancellations and Disputes. If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. Mantra Heals reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined.

Refunds. You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.

Future Functionality. Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by Mantra Heals regarding such functionality or features.

Limited License Granted by Mantra Heals. Subject to your compliance with these Terms, Mantra Heals grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes (unless Mantra Heals has granted you written permission to do otherwise, for example on a trial or test basis). Further, Mantra Heals grants you a limited non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of any mobile app we distribute through an App Store on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.

User Content Ownership. Except for the license you grant below, Mantra Heals does not claim any ownership rights in any messages, images, text, or other content posted through the Services by our users, including any content you post to social media platforms that tags a Mantra Heals account or that uses a hashtag incorporating a Mantra Heals trademark (collectively, “User Content”). User Content does not include any portion of the Services included in your User Content. Nothing in these Terms will be deemed to restrict any mandatory rights that you may have to use and exploit your User Content, as between you and Mantra Heals.

License You Grant to Mantra Heals. By making any User Content available to Mantra Heals, you hereby grant to Mantra Heals a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral or special rights in this regard. When you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.

Designated Agent: Address: Telephone Number: E-Mail Address:

If the content infringes rights protected by U.S. copyright laws, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to Mantra Heals for certain costs and damages. In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose Mantra Heals or others to any harm or liability of any type. Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, Mantra Heals’ name, any Mantra Heals trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from Mantra Heals or its licensors. Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services. Use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner. Develop or use any applications that interact with the Services without our prior written consent. Avoid, bypass, ignore, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Mantra Heals or any of Mantra Heals’ providers or any other third-party (including another user) to protect the Services. Attempt to access or search the Services, scrape, or extract data or other content from the Services, including 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 or search agents provided by Mantra Heals or as permitted by our robot.txt file. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code. 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. Engage in any harassing, threatening, intimidating, predatory, or stalking conduct. Use or attempt to use another user’s account without authorization from that user and Mantra Heals. Encourage or enable any other individual to do any of the foregoing. Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. 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. In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules.

Initiating an Arbitration Before either party brings an arbitration action, it will first attempt to resolve the Dispute informally via the following process. If you assert a Dispute against Mantra Heals, you will first contact Mantra Heals by sending a written notice of your Dispute to Mantra Heals by certified mail addressed to Mantra Heals, Inc. c/o Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801 or by email to support@mantraheals.com. Your notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. If Mantra Heals asserts a Dispute against you, Mantra Heals will first contact you by sending a written notice of Mantra Heals’ Dispute to you via email to the primary email address associated with your account. Mantra Heals’ notice must (i) include the name of a Mantra Heals contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Each such notice described in this paragraph, whether sent by you or Mantra Heals (a “Notice”). If you and Mantra Heals cannot reach an agreement to resolve the Dispute within thirty (30) days after you or Mantra Heals receives such a Notice, then either party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Mantra Heals first send the applicable Notice, so that the parties can engage in this informal dispute-resolution process.

Arbitration Rules The arbitration will be administered by the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules (the “AAA Rules”) will apply, which are available on the AAA’s website (adr.org). The applicable arbitration rules are amended by these Terms as follows: (i) YOU AND MANTRA HEALS AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND MANTRA HEALS ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated Disputes are asserted against Mantra Heals or you by the same or coordinated counsel, may not consolidate more than one individual’s Disputes, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. (ii) For any arbitration you initiate, you will pay the consumer filing fee and Mantra Heals will pay the remaining AAA fees and costs. For any arbitration initiated by Mantra Heals, Mantra Heals will pay all AAA fees and costs. (iii) For all arbitrations where the Disputes asserted are for $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (A) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (B) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (C) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. (iv) If you or Mantra Heals submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Mantra Heals agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, or materials that might be exchanged or the subject of discovery in the arbitration. You and Mantra Heals agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration. The arbitrator has exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. (v) The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual Dispute before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you. (vi) The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar Disputes are asserted against Mantra Heals or against you by the same or coordinated counsel or are otherwise coordinated (such Disputes, “Coordinated Disputes”). In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Mantra Heals understand and agree that Coordinated Disputes may delay resolution of your or Mantra Heals’ Dispute.

Enforceability If any portion of this section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section 16 or the parties’ ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this section 16; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. Further, if any part of this section 16 is found to prohibit an individual Dispute seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section 16 will be enforceable.

Changes Notwithstanding the provisions of section 19, if Mantra Heals changes this section 16 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@mantraheals.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Mantra Heals’ email to you notifying you of such change. In order to be effective, the rejection notice must include your full name, mailing address, and email address and clearly indicate your intent to reject changes made to this section 16. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Mantra Heals in accordance with the provisions of the Terms you previously agreed to. If the Terms are otherwise modified, without changing this section 16, you agree that modification will not create a new right to opt out of arbitration.