Terms and Conditions

Terms and Conditions of Service 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY 

Welcome to Sound & Soulful owned and operated by Sound & Soulful LLC, with its registered office located at 1309 Coffeen Avenue STE 6306 Sheridan, Wyoming 82801. The app is offered to users for download conditioned on user’s acceptance without  modification of the terms, conditions, and notices contained herein. 

Please read carefully these Terms of Service (hereinafter “Terms”) and our Privacy Policy, which is incorporated by reference into  these Terms. If you do not agree to these Terms, you have no right to download, obtain information from or otherwise continue using our app. Failure to use the app in accordance with these Terms may subject you to civil and criminal penalties. We reserve  the right to recover the cost of services, collection charges and lawyer’s fees from persons using the app fraudulently. We reserve  the right to initiate legal proceedings against such persons for fraudulent use of the app and any other unlawful acts or acts or  omissions in breach of these terms and conditions. 

Download and use of this app constitutes your consent to, and agreement to, abide by the most current version of these terms and  conditions. We may at any time revise these terms and conditions by updating the Terms on our app. You agree to be bound by  subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date  version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the app. 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING  YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND  EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. 

IN USING THIS APP, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND  CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE  CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE APP ONLY IN STRICT  INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE  WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM  PART OF THE AGREEMENT BETWEEN THE USER AND US. BY DOWNLOADING AND USING THIS APP AND/OR  UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND  ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN. 

1. AGREEMENT TO TERMS 

1.1 These Terms and Conditions of Service (“Terms”) constitute a legally binding agreement between you (hereinafter  referred to as “you”, “your” or “User(s)”) and Sound & Soulful, a company incorporated under the laws of the State of  Wyoming and having its registered office located at 1309 Coffeen Avenue STE 6306 Sheridan, Wyoming 82801 (the  “Company”, “we”, “us”, or “our”) concerning your access to, and use of, the Company’s App Sound & Soulful  including its sub-domains and mobile-optimized version, if any (hereinafter collectively referred to as the “App”). You  agree that by accessing or downloading the App you have read, understood, and agree to be bound by all of these  Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED  FROM USING THE APP AND YOU MUST DISCONTINUE YOUR USE IMMEDIATELY. 

1.2 Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby  expressly incorporated herein by reference. The Company reserves the right, in its sole discretion, to make changes or  modifications to these Terms at any time and for any reason whatsoever. The Company will alert you about any  changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each  such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be  subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by  your continued use of the App after the date such revised Terms are posted. 

1.3 The information provided on the App is not intended for distribution to or use by any person or entity in any  jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us  to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access  the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if  and to the extent local laws are applicable. 

1.4 Users below the age of 18 are not allowed to use the App or any of the App Services. 

2. APP SERVICES 

2.1 The App offers meditation solutions by providing its Users an easy access to a virtual library which has an online 

collection of subliminal tracks including subliminal affirmations audio tracks, soothing meditation sounds, binaural  beat frequencies and spoken affirmations relating to different areas of life (“App Services”). 

2.2 Subliminal tracks are designed by embedding spoken affirmations within the meditation sounds and frequencies. By  listening to the subliminal tracks, one can shift their thoughts which may affect the outcomes in one’s life. 

2.3 Users can sign-up to the App by creating a username and password for their account and also providing their credit or  debit card information. After sign-up, Users are able to have a 7-day trial period during which they can use the App  Services free of charge. After the expiration of the 7-day trial period, Users will be charged a recurring subscription fee  of US$19.99 each month unless Users cancel their account during the trial period. 

2.4 After subscription, Users can access subliminal tracks. Users can also combine various subliminal tracks (appearing in  different pages of the App) to create custom playlists, which they can save to their e-mail accounts on the App.  However, Users cannot download any of the subliminal tracks to their mobile devices and can only listen to the same  by logging into their accounts on the App. 

THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY ILLEGAL USE YOU MAKE OF THE APP. 3. USER REGISTRATION 

3.1 In order to use the App Services, Users shall be required to register an account with the App. 

3.2 The Company reserves the right, in its sole discretion, to suspend the account of any User at any time and for any  reason. 

3.3 You will be required to sign up by creating an account with the App by providing information such as First Name, Last  Name, E-mail Address and Credit/Debit Card Information. 

3.4 You will be required to complete your profile by entering personal information before you are allowed to sign-in to  your account. 

3.5 You represent, warrant and covenant that: 

3.5.1 You have full power and authority to accept these Terms, to grant any license and authorization and to perform  any of your obligations hereunder; 

3.5.2 You will undertake to use the App for personal purposes only. 

3.6 You must not allow any other person to use your account to access the App. You must notify us in writing immediately  if you become aware of any unauthorized use of your account. 

3.7 You must not use any other person's account to access the App unless you have that person's express written  permission to do so. 

4. USER IDS AND PASSWORDS 

4.1 If you register for an account with the App, you may be asked to choose a user ID and password. Your user ID must  not be misleading and must comply with the content rules set out in this document; you must not use your account or  user ID for or in connection with the impersonation of any person. 

4.2 You shall be responsible for maintaining the confidentiality of your password and shall be responsible for all uses via  your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any  unauthorized use or your registration, user account or password. 

4.3 You must notify us by e-mailing if you have reason to believe that your account is no longer secured for any reason  (e.g. in the event of a loss, theft or unauthorized disclosure or use of your password). 

4.4 You shall be responsible for any activity and content on the account arising out of any failure to keep your password  confidential and may be held liable for any losses arising out of such a failure.

4.5 Registration data and other personally identifiable information that we may collect is subject to the terms of our  Privacy Policy. 

5. INTELLECTUAL PROPERTY RIGHTS 

5.1 Unless otherwise indicated, the App is our proprietary property and except the intellectual property rights (including  articles, logos, trademarks and content) of the third party Apps, all source code, databases, functionality, software, App  designs, audio, video, text, photographs and graphics on the App (collectively, the “Content”) and the trademarks,  service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are  protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws  and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and  personal use only. Except as expressly provided in these Terms, no part of the App and no Content or Marks may be  copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,  distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior  written permission. 

5.2 Provided that you are eligible to use the App, you are granted a limited license to access and use the App. We reserve  all rights not expressly granted to you in and to the App, Content and the Marks. 

6. USER REPRESENTATIONS 

6.1 By using the App, you represent and warrant that: (1) all registration information you submit is true, accurate, current  and complete; (2) you will maintain the accuracy of such information and promptly update such registration  information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not  under the age of 18; (5) you will not access the App through automated or non-human means, whether through a bot,  script or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and (7) your use of the App  will not violate any applicable local, state and federal laws or regulations. 

6.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or  terminate your account and refuse any and all current or future use of the App (or any portion thereof). 

7. PROHIBITED ACTIVITIES 

7.1 You may not access or use the App for any purpose other than that for which we make the App available. The App  may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved  by us. 

7.2 As a User of the App, you agree not to use the App: 

7.2.1 In any way that breaches any applicable local, state, federal or international law or regulation; 7.2.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; 7.2.3 For the purpose of harming or attempting to harm minors in any way; 

7.2.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our  content standards; 

7.2.5 To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or  any other form of similar solicitation (spam); or 

7.2.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed  to adversely affect the operation of any computer software or hardware. 

7.3 As a User of the App, you also agree not to: 

7.3.1 reproduce, duplicate, copy or re-sell any content of the App in contravention of the provisions of these Terms; 7.3.2 access without authority, interfere with, damage or disrupt;

∙ any part of the App; 

∙ any equipment or network on which the App is stored; 

∙ any software used in the provision of the App; or 

∙ any equipment or network or software owned or used by any third party. 

7.3.3 systematically retrieve data or other content from the App to create or compile, directly or indirectly, a  collection, compilation, database, or directory without written permission from us; 

7.3.4 make any unauthorized use of the App, including collecting usernames and/or email addresses of users by  electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated  means or under false pretenses; 

7.3.5 use the App to advertise or offer to sell illegal goods and services; 

7.3.6 circumvent, disable, or otherwise interfere with security-related features of the App, including features that  prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the  Content contained therein; 

7.3.7 engage in unauthorized framing of or linking to the App; 

7.3.8 make improper use of our support services or submit false reports of abuse or misconduct; 

7.3.9 engage in any automated use of the system, such as using scripts to send comments or messages, or using any  data mining, robots, or similar data gathering and extraction tools; 

7.3.10 interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App; 7.3.11 attempt to impersonate another user or person or use the username of another user. 

7.3.12 sell or otherwise transfer your profile; 

7.3.13 use any information obtained from the App in order to harass, abuse, or harm another person or user of the App; 

7.3.14 use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any  revenue- generating endeavor or commercial enterprise; 

7.3.15 decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a  part of the App; 

7.3.16 attempt to bypass any measures of the App designed to prevent or restrict access to the App or any portion of  the App; 

7.3.17 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the  App to you; 

7.3.18 delete the copyright or other proprietary rights notice from any Content; 

7.3.19 copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; 

7.3.20 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information  collection or transmission mechanism, including without limitation bugs, cookies, or other similar devices  (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); 

7.3.21 except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or  distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline  reader that accesses the App, or using or launching any unauthorized script or other software; 

7.3.22 disparage, tarnish, or otherwise harm, in our opinion, us and/or the App; or 

7.3.23 use the App in a manner inconsistent with any applicable laws or regulations.

8. SUBMISSIONS 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the App  ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights,  including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for  any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all rights to  any such Submissions, and you hereby warrant that any such Submissions are original to you or that you have the right to submit  such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of  any proprietary right in your Submissions. 

9. APP MANAGEMENT 

We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms; (2) take appropriate legal action  against a User which, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to  law enforcement authorities; and (3) otherwise manage the App in a manner designed to protect our rights and property and to  facilitate the proper functioning of the App. 

10. PRIVACY POLICY 

We care about data privacy and security. Please review our Privacy Policy. By using the App, you agree to be bound by our  Privacy Policy, which is incorporated into these Terms. Further, we do not knowingly accept, request or solicit information from  children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided  personal information to us, we will delete that information from the App as quickly as is reasonably practical. 

11. TERM AND TERMINATION 

11.1 These Terms shall remain in full force and effect while you use the App. Without limiting any other provision of  these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of  the App (including blocking certain ip addresses), to any person for any reason or for no reason, including without  limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law  or regulation. We may terminate your use or participation in the App or delete your account and any content or  information that you posted at any time, without warning, in our sole discretion. 

11.2 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new  account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on  behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take  appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

12. MODIFICATIONS AND INTERRUPTIONS 

12.1 We reserve the right to change, modify or remove the contents of the App at any time or for any reason at our sole  discretion without notice. However, we have no obligation to update any information on our App. We also reserve  the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or  any third party for any modification, suspension, or discontinuance of the App. 

12.2 We cannot guarantee the App will be available at all times. We may experience hardware, software or other  problems or need to perform maintenance related to the App, resulting in interruptions, delays or errors. We reserve  the right to change, revise, update, suspend, discontinue or otherwise modify the App at any time or for any reason  without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused  by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these  Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or  releases in connection therewith. 

13. GOVERNING LAW 

These Terms and your use of the App are governed by and construed in accordance with the laws of the State of Wyoming  without regard to its conflict of law principles. 

14. CORRECTIONS 

There may be information on the App that contains typographical errors, inaccuracies or omissions that may relate to the App, 

including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies  or omissions and to change or update the information on the App at any time, without prior notice. 

15. INDEMNIFICATION 

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers,  agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’  fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Terms; (3) any breach  of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not  limited to intellectual property rights; or (5) any overt harmful act towards any other user of the App with whom you connected  via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of  any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such  claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this  indemnification upon becoming aware of it. 

16. USER DATA 

We will maintain certain data that you transmit to the App for the purpose of managing the App as well as data relating to your  use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or  that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or  corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such  data. 

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES 

Using the App, sending us emails and completing online forms constitute electronic communications. You consent to receive  electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you  electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. You hereby agree  to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies and records of  transactions initiated or completed by us or via the App. You hereby waive any rights or requirements under any statutes,  regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non electronic records or to payments or the granting of credits by any means other than electronic means. 

18. CONTACT US 

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at  Support@SoundandSoulful.com.