Effective on Jan 1, 2020
All sections of these Terms of Use that contain the terms and conditions on which we supply content, products or services via our Website and our mobile device application (“App” or “Product” or “Products” or “Services”). Please read these Terms of Use (the “Terms”) carefully before you are purchasing or using Products from the Website or third App stores, including the Apple App Store, the Android Play Store, etc.
By using the Products, you indicate that you accept these Terms and the you agree to be bound by
them. You may be asked to click “I accept” at the appropriate place before your purchase of access
to the Products. If you do not agree to be bound by these Terms, please refrain from using the
Products.
All correspondence to Headspace including any queries you may have regarding your use of the
Products or these Terms should be sent to this contact email address.
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
• Membership
i) To sign up as a registered user of the Products and Services, you must be 18 years of age, or the
age of majority in your province, territory or country.
ii) You may sign up as a registered user (here “member”) of the Products free of charge, by
submitting your email address to us and create a password in conjunction with it. As a registered
member, you can use the relevant section of the Products and Services.
iii) You are responsible for maintaining the confidentiality of your account, password and other
User Information and for restricting access to your Device to further help protect such information.
You are responsible for updating your User Information.
iv) By agreeing to becoming a member you agree to receive Newsletters including occasional special
offer, marketing, survey and Product related services through communication emails. You can
unsubscribe Newsletters following the opt-out instruction in these emails.
• Order
By placing an Order through the Products, you warrant that:
i) You are legally capable of entering into binding contracts;
ii) All registration information you submit is truthful and accurate;
iii) Your use of the Products does not violate any applicable law or regulation.
• Subscriptions
I. Access to the Product: Customers may access the Products by agreeing to pay the fees for the
Service of the Products from the Website, within the Apps, where allowed by the App marketplace
partners, or through a bundle with one or more of our bundle partners.
II. Refund: Please note that if you purchase the Product through the Apple iTunes Store or our
iPhone application, the sale is final and we will not provide a refund. Your purchase will be
subject to Apple’s applicable payment policy, which also may not provide for refunds. If you
purchase a subscription through the Google Play store, the sale is final and we will not provide a
refund. Your purchase will be subject to Google’s applicable payment policy, which also may not
provide for refunds. If you purchase through one or more of our bundle subscription partners, the
purchase may be further subject to the Terms and Conditions of such partners, and payment and
management of the bundle subscription may be administered by them.
You can submit Feedback by emailing us through the Feedback page in the APP. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms: Content means text, graphics, images, music, software, audio, video,
works of authorship of any otherwise made available through the Products and Services; User Content
means any content that Timer Account holders provide to be available through the Products and
Services. Content includes without limitation User Content.
Content displayed on or through the Products and Service is protected by applicable copyright laws
and international conventions. Timer website and Timer’s logo, icons and marks identifying Timer
products and services are trademarks of Timer and may not be used without the written consent of
Timer. You may not copy, reproduce, distribute, or create derivative works of the Products and
Services without Timer’s written authorization. You may not reverse engineer, decompile, alter,
modify, disassemble, or otherwise attempt to derive source code from the Products and Services.
Timer respects the intellectual property of others and we require that our users do the same. You
may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other
proprietary information that you do not have legal authorization to use.
By using the Service, you agree to pay any undisputed fees applicable to the premium version you selected. Applicable taxes, and other charges and fees incurred to access the Products and Services, including third party internet or mobile service provider fees, may also apply.
By registering Timer account, you agree to receive advertisements and informational emails to the
e-mail address they used to register.
If the user want to stop receiving informational emails from Timer, they must use the “Unsubscribe”
link, which is present in every email sent by the Company from Timer email addresses.
The user can also unsubscribe by sending an email with the subject “Unsubscribe” through Timer Help
and Support link in the user profile “Me” page.
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using Timer’s site or Timer’s content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Products and Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Products or Service or any related website for violating any of the prohibited uses.
THE SERVICES 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 AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services 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.
NEITHER Timer NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS AND
SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES
OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIMER OR ANY OTHER PARTY 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 TIMER WILL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS,
EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FAILURE OF CHANGE COLLECTIVE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL
NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION. THE TERMS AND OUR PRIVACY POLICY CONSTITUTE THE
ENTIRE AGREEMENT BETWEEN YOU AND CHANGE COLLECTIVE AND GOVERN YOUR USE OF THE CHANGE COLLECTIVE
SERVICES, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND CHANGE COLLECTIVE (INCLUDING, BUT NOT
LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS). YOU AGREE THAT THESE TERMS AND YOUR USE OF THE CHANGE
COLLECTIVE SERVICES ARE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE COMMONWEALTH OF
MASSACHUSETTS, WITHOUT RESPECT TO ITS CONFLICT OF LAW PROVISIONS. BEFORE RESORTING TO COURTS, WE
STRONGLY ENCOURAGE YOU TO CONTACT US DIRECTLY TO TRY TO WORK IT OUT.
These Terms of Use, rights and licenses granted hereby, may not be transferred or assigned by you,
but may be assigned by TIMER without restriction.
Any notices or other communications provided by Timer under these Terms, including those regarding
modifications to these Terms, will be given via email; or by posting to the Products and Services.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is
transmitted.
Timer failed 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 Timer. 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.
If you have any questions about these Terms of Use, please contact Timer through Feedback page or Help & Support page in the APP.