TERMS AND CONDITIONS 

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, “Terms of Service”, “Terms of Use”) carefully before clicking the “I Agree”, downloading or using the EkoSync (“Application”), EkoSync membership, its associated website www.ekosync.com. EkoSync is made and operated by Echo Sonic LLC 

By clicking the “I Agree” button, downloading or using the Application or Membership, you are agreeing to be bound by the terms and conditions of this Agreement. 

This Agreement is a legal agreement between you (either an individual or a single entity) and by EkoSync and it governs your use of the Application and (optional) Membership made available to you by EkoSync. 

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application. 

The Application and Membership is licensed, not sold, to you by EkoSync for use strictly in accordance with the terms of this Agreement. 

LICENSE EkoSync grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. 

RESTRICTIONS You agree not to, and you will not permit others to: 

license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. 

copy or use the Application for any purpose other than as permitted under the above section ‘License’. 

modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application. 

remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Echo Sonic LLC or its affiliates, partners, suppliers or the licensors of the Application. 

INTELLECTUAL PROPERTY 

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Echo Sonic LLC 

EkoSync is for your personal use. By agreeing to these terms you agree to not replicate EkoSync or any part of it. You also agree to not share EkoSync or any part of it with 3rd parties. 

If you breach these terms, you lose your right to use our application, and must destroy or return any copies you have made of the application or any part of it. We may cancel any account you hold with us. You may also be liable for legal redress by Echo Sonic LLC. 

USING THE PRODUCT / SERVICE EkoSync is for people over the age of 18. People under the age of 18 should only use EkoSync with the consent and involvement of a parent or guardian. This also applies to the EkoSync content designed for children and young people. 

We allow EkoSync to be used with other people on a non-commercial basis in a private setting. If you wish to use EkoSync for commercial reasons and/or in a public setting you must receive written permission from us. 

EkoSync should not be used when driving, operating heavy machinery, or any other activity which requires your full concentration to avoid harming yourself or others. 

Devices and operating systems: The EkoSync mobile application requires either an Apple iOS device or an Android device to operate. The Android EkoSync application will operate on latest versions of Android and IOS devices. 

We reserve the right to change the versions of the operating systems that EkoSync is compatible with. This means that overtime, some devices and operating systems will be able to access the latest version of EkoSync. 

Medical and wellbeing disclaimer: 

EkoSync is not made for therapeutic use and therefore if you have any diagnosed or suspected mental health issues you should consult a professional before use. 

You accept that the usage of EkoSync does not guarantee an improvement in wellbeing. 

ACCOUNTS Creating an account: Creating an account grants you full access to all of the EkoSync mobile application features. 

You can create your account and manage your account anytime within the EkoSync mobile application. Your EkoSync account is managed by Echo Sonic LLC. For more details on how we manage data please see our Privacy Policy. 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to provide us with correct information, notify us of a data breach or unauthorized use of your account constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. 

Terminating your account: You can terminate your EkoSync account at anytime within the application. Terminating your account will remove your account and all your details from your EkoSync app, and your data will be removed from our database. Account termination cannot be reversed. 

Please note terminating your account does not cancel any recurring payment you might have set up for membership. This has to be actioned through your iOS App Store account or Google Play Store account. Terminating your account does not mean that you will be refunded or partially refunded any payments you have made. 

Terminating your account will not remove EkoSync from your device, just your account details. To remove EkoSync from your device you must follow the instructions for deleting applications from your device provider. 

Refunds: Issues or questions pertaining to payment or refunds for the EkoSync app and EkoSync membership, should be taken up with the relevant app store since payments are managed and governed by their terms and conditions. Please note that the Apple App Store and Google Play Store have their own terms for refunding the purchase of an app, which include time limits on requesting a refund. 

Echo Sonic LLC never has access to your payment details. The App stores manage payment and also manage access to the app and membership features. 

Echo Sonic LLC is not able to offer refunds or partial refunds for any part of your membership year unused, because we do not have access to individual’s payment details and we are not able to revoke access to the app and membership features. 

Changing fees and charges: We reserve the right to change the pricing of the app and the pricing terms for membership at any time. This may include changes at different points in different territories. 

We will notify you of any changes at least one month in advance, and highlight changes that affect you. No charges will be claimed retroactively. 

Future functionality and content: You agree that your purchase of the EkoSync app is not contingent on the delivery of any content, functionality, features or associated products, or dependent on any communications from Echo Sonic LLC. 

Terminating your account: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 

Upon termination, your right to use the Service will immediately cease. 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

YOUR SUGGESTIONS Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Echo Sonic LLC with respect to the Application shall remain the sole and exclusive property of Echo Sonic LLC. 

Echo Sonic LLC shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you. 

MODIFICATIONS TO APPLICATION Echo Sonic LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you. 

UPDATES TO APPLICATION Echo Sonic LLC may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). 

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Echo Sonic LLC has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you. 

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement. 

THIRD-PARTY SERVICES The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”). 

You acknowledge and agree that Echo Sonic LLC shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Echo Sonic LLC does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. 

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 

Links to meditation teachers: EkoSync works with meditation teachers from around the world. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any of our teachers outside of our EkoSync content. 

You further acknowledge and agree that Echo Sonic LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available from any teacher we work with. 

PRIVACY POLICY Any information that is collected via our services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changed to the Privacy Policy, we will notify you of those changes by posting them on the Service or by send you and email or notification as required by applicable law, and we will update the “Last Updated Date” above to indicate then those changes will become effective. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Service after the updated Privacy Policy then in effect, you must immediately stop using the Services. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the ner purpose and give you the opportunity to ot-out. Where consent of the individual for the processing of personal information is otherwise required by or contract, EkoSync will endeavor to comply with the law or contract 

TERM AND TERMINATION 

This Agreement shall remain in effect until terminated by you or Echo Sonic LLC. 

Echo Sonic LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. 

This Agreement will terminate immediately, without prior notice from Echo Sonic LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer. 

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer. 

Termination of this Agreement will not limit any of Echo Sonic LLC rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement. 

INDEMNIFICATION You agree to indemnify and hold Echo Sonic LLC and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party. 

NO WARRANTIES The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Echo Sonic LLC, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Echo Sonic LLC provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 

Without limiting the foregoing, neither Echo Sonic LLC nor any EkoSync provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Echo Sonic LLC are 

free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components. 

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. 

LIMITATIONS OF LIABILITY Notwithstanding any damages that you might incur, the entire liability of Echo Sonic LLC and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application. 

To the maximum extent permitted by applicable law, in no event shall Echo Sonic LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Echo Sonic LLC or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

SEVERABILITY If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

WAIVER Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. 

AMENDMENTS TO THIS AGREEMENT Echo Sonic LLC reserves the right, at its sole discretion, to modify or replace this Agreement and Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application. 

CONTACT INFORMATION If you have any questions about this Agreement, please contact us via contact@ekosync.com 

ENTIRE AGREEMENT The Agreement constitutes the entire agreement between you and Echo Sonic LLC regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Echo Sonic LLC. 

You may be subject to additional terms and conditions that apply when you use or purchase other Echo Sonic LLC services, which Echo Sonic LLC will provide to you at the time of such use or purchase. 

Your access to and use of EkoSync is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. 

By accessing or using EkoSync you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access EkoSync.