Terms & Conditions

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If you are visually impaired, have another disability, or seek help in other languages, you may access these Terms by sending an email to us at contact@peaceful-flow.com

peaceful flow LLC. and its subsidiaries and affiliates (“peaceful flow” “us” or “we”) provides content and products via: www.peaceful-flow.com (the “Website”), our applications (the “Apps”), or other delivery methods (the Website and such content and products are collectively the “Product”). peaceful flow, in partnership with its affiliated medical providers and partners, may deliver coaching services, psychotherapy services (i.e., therapy), and psychiatry services (collectively the “Services”) using the Products or via other delivery methods, as applicable. For purposes of clarity, the Services are provided by coaches and licensed clinicians employed by or contracted with our affiliated medical provider, peaceful flow's Medical Provider. peaceful flow does not provide healthcare or mental health services directly; instead, peaceful flow is a technology platform that the Providers use to provide telehealth services.

These Terms & Conditions (these “Terms”) govern your access to and use of the Products and Services. The term “Device” refers to the device used to access the Products or Services, including but not limited to computers, smartphones, and tablets. The term “you” refers to the user of the Products or Services.

Protecting and safeguarding any personal information you provide through the Products and Services is extremely important to us. Information about our privacy practices can be found in our Privacy Policy (“Privacy Policy”). You acknowledge that your use of the Products and Services is also subject to our Privacy Policy. You further acknowledge that your use of the Products and Services may require the collection of your health information. This health information may be considered sensitive under your local laws. For example, this health information can fall under the “special category” of personal data under the GDPR, we clarify this in Section 10 of our Privacy Policy. In certain US states, this health information may be “consumer health data” as defined, for example, relevant laws being Washington’s My Health My Data Act, Connecticut’s Data Privacy Act, Nevada’s SB 370. In case you are from those states, you will also find relevant information in our Consumer Health Data Privacy Policy. It is a document that is in addition to the peaceful flow Privacy Policy and is dedicated to information that can be called “consumer health data.” We advise you to analyze both policies so you can set whether we are protecting your privacy and how much we are committed to you.

YOU AGREE THAT THE PRODUCTS AND SERVICES ARE NOT MEANT TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE LOCATED IN THE UNITED STATES AND YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CONTACT 911 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT TRY TO ACCESS EMERGENCY CARE USING THESE PRODUCTS AND SERVICES. IF YOU ARE OUTSIDE THE UNITED STATES, CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST EMERGENCY ROOM. NOTE THAT THESE TERMS INCLUDE AN ARBITRATION CLAUSE (SECTION 14). EXCEPT FOR THE DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND peaceful flow DECIDE TO SETTLE ANY DISPUTES OVER THESE TERMS OR THE USE OF THE PRODUCTS AND SERVICES THROUGH MANDATORY BINDING ARBITRATION, AND YOU GIVE UP ANY RIGHT TO BE PART OF A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. WHAT YOU’RE SIGNING UP FOR?

1.1 PRODUCTS AND SERVICES

products include, among other things, guided meditation and mindfulness content for stress, sleep, focus, and physical activities. Services include, among other things, mental health support through coaching, therapy, and psychiatry. If you prefer to access and use the Services, your care can be given by mental health coaches and healthcare professionals who are licensed.

1.2 GENERAL RULES FOR USE OR ACCESS

(a) When you order ("Order") or subscribe to any Products or Services you are mentioned on our website, or pertaining to our Products or Services, you agree to adhere to and cede to the laws of this Terms and any judicial decision, executive order or similar directive or decree that may be binding on you ("Applicable Law"). Furthermore, you will be required to click "I agree" before your purchase or access to the Products and Services, otherwise, you might not be able to finish your purchase or access the Products or Services. If you do not agree to these Terms, please return the product to us and do not use the Products or Services.

(b) These Terms and the applicable Order represent the entire agreement between you and us regarding the provision of the Products and Services in the absence of an express statement to the contrary. For example, in case you want to use or access certain Products or Services or other special offerings, you must consent to additional terms and conditions or policies which will be integrated into Terms. Whenever these terms or policies differ from these Terms, the former takes precedence.

(c) Before you use the Products or Services or purchase the Products or Services, please ensure that the information in these Terms and the relevant Order are complete and accurate. Should you see any inaccuracies in these Terms or an Order, please email us at contact@peaceful-flow.com. We are only liable for documentation and representation if they are approved and signed by an authorized person of peaceful flow.

(d) The use of the Products and Services is limited to your use of a suitable computer with available software or a compatible mobile device and an adequate Internet connection. The good maintenance and security of this equipment can also be a factor in the proper performance of the Products and Services, and it is your duty to make it so. You are supposed to take care of all the Internet access charges on your side. Before using the Internet, please inquire whether your provider ...

2. JOINING THE COMMUNITY

2.1 BECOMING A MEMBER

(a) To get our Products or Services, you must first become a user (a "Member") to the platform. You can join through our Websites, Apps, or certain third-party social media networks. If you sign up through a third party, their terms and policies may be binding too. Participant information represents which is your name in English, but the other items may include your first and last names, email address, date of birth, and a password ("User Information") as well. You should keep your log in information secret and not let anybody on your computer or mobile passwords. One person has the right to one Member account. Additional User Information may be needed to access certain Products or Services.

(b) Through the registration as the Member in our Products or Services, you confirm that:

• - You are legally able to make promises about the contracts.
• - The User Information that has been given is not only truthful, but also accurate and up to date.
• - The User Information that has been given is not only truthful, but also accurate and up to date.
• - It is required that the information is true and accurate and will not use the Products or Services in any other way as stated in these Terms and according to the applicable laws of your country.

(c) Member accounts and Subscriptions (as defined below) are non-transferable. Selling, transferring, or exchanging accounts or Subscriptions, including the Free Trials or discounted plans, is strictly prohibited.

2.2 AGE REQUIREMENTS

The primary receivers of our Products and Services are the people who are 18 and more years old but let us take a look at the exceptions:

(a) You can join and get involved with our Products provided you are at least 13 and at most 17 years of age , and it is so because you have the possibility through Benefit Sponsor (e.g., employer-sponsored programs). See the specific program details for eligibility criteria for more information.

(b) You can participate in our Services offered if you are between 13 and 17 years old, and at the same time, the verification of the parental or guardian consent through the selected Benefit Sponsor programs must be achieved.

(c) People enrolled in Employee Assistance Program (EAP) can even refer to their child (from the age of 6) so that their can support him/her with EAP, including the support of clinical services, and also they may use telehealth counseling. However, the kids won’t be able to have their own accounts.

(d) Young students who are from 13 to 17 years old have got one more chance to see our Products when they venture into the Headspace for Teens era. We do not admit Members who are younger than 13. Any programs meant to captivate children are no more than parental or guardian-led activities that won't allow kids to become users.

2.3 SUBSCRIPTIONS & PURCHASES

(a) Recurring Subscriptions: Members may receive Products and Services using paid subscriptions ("Subscription"), which may be offered on a monthly or annually basis. The "month" is 30 days long whereas the "year" comprises of 365 days. The charges of the subscription plan that you have chosen go off periodically, depending on the selected plan and payment method. The Subscription will stay in effect until you cancel it before the next billing cycle.

(b) Cancellation: Even if you change your mind in the future and decide to cancel your membership, you have the right to cancel a Subscription at any time. But make sure you have done it before the renewal date in order to avoid being billed in the next billing period. Refer to Section 3 for the cancellation procedures.

(c) No Refunds: There are no refunds, and the Subscription Fees are non-refundable. Your Payment Method will be charged for all active subscription periods, and access to Products and Services will be granted only while your Subscription is active.

(d) Subscription Methods: You will pay for Subscriptions by means of our Website, Apps (if it is allowed by the App marketplaces), Benefit Sponsors, and partner bundles. Also, it is possible to buy them by means of Apple iTunes Store or Google Play Store, whose policies may differ and do not necessarily grant refunds.

(e) Gift Subscriptions: Gift Subscriptions are pre-paid memberships. The purchaser ("Giftor") will receive an order confirmation and the recipient ("Recipient") will receive a redemption code. This code is non-transferable, non-refundable, and can be used only once in the purchasing country.

(f) One-Time Purchases: Customers can pay a one-time fee for some Products or Services ("Purchase"). The decision to use one-time purchasing is irrevocable, so all the one-time purchases are non-refundable.

(g) Discounts: The special guidelines can be applicable to those with special qualifications who are our user community. Further to these, other rules may be/must be obeyed.

(h) Pricing and Charges: The prices in US Dollars and Euros include local taxes. The Pound Sterling prices have the VAT included unless they are considered differently. We do not take any responsibility for any additional charges that may appear on your bank account.

2.4 PAYMENT TERMS

(a) Prices for our Products and Services are subject to change. The costs you get may depend on the company you are working for and the kind of insurance your company has with us. Besides, you will be notified by the insurance company of its decisions.

(b) You must pay all relevant fees, taxes, and updates through your own payment sources. Payments must be made using an authorized Payment Method. Meanwhile, if a third-party processor (e.g., Stripe, Zuora) is utilized, their terms of service and privacy policies shall apply.

(c) We or our payment processor, as the case may be, may obtain and use the updated credit card information from the issuer in order to prevent the disruption of your payments. Your issuer is the point of contact regarding the opt-out options.

3. CANCELING MEMBERSHIP

3.1 CANCELLATION BY US

In case of misconduct or violation of any of these Terms, we may stop offering our Products and/or Services to you. Violation of these Terms includes but is not limited to unauthorized reproduction or downloading of our content or recording of our Services. Such termination or suspension may happen immediately and without notice. If we terminate your account, you may receive a pro rata refund of prepaid fees. Your access to the Products or Services may also be terminated if the relationship between peaceful flow and your employer or provider ends, or if your relationship with your employer or provider expires. In such cases, peaceful flow will try to give you a seven (7) days’ notice prior to the end of access.

3.2 CANCELLATION BY YOU

You are free to cancel your Subscription whenever. Monthly Subscriptions will expire at the end of the month they are in, while annual Subscriptions will expire at the end of the year they are in. To cancel, visit email contact@peaceful-flow.com.

3.3 CANCELLATION FEES

Some characteristics may be applicable for the payment of a termination fee as specified in the Products and Services. For instance, if you miss therapy sessions or other services, a cancellation fee may be needed if you do not give the required notice. We may suspend or terminate access to the Products and Services for any account with outstanding unpaid amounts. In addition to the amount owed, any delinquent account will incur collection fees.

4. PROHIBITED USE OF THE PRODUCTS AND SERVICES

By using the Products and Services, you agree not to:

(a) Copy, store, reproduce, transmit, modify, reverse-engineer, decompile, or disassemble any part of the Products or Services.
(b) Record any coaching, therapy, or psychiatry sessions.
(c) Use the Products or Services to create tools or software for any applications.
(d) Upload, transmit, or introduce viruses or harmful computer code to the Products or Services.
(e) Interfere with or violate the network or server policies associated with the Products and Services.
(f) Access the Products or Services in an unauthorized manner, or in violation of any local, state, national, or international laws.
(g) Circumvent any territorial restrictions applied to the Products or Services.
(h) Engage in fraudulent activities, such as impersonating others while using the Services.
(i) Conduct offensive behavior, including bullying, harassment, hate speech, or degrading comments.
(j) Use the Products or Services for illegal or harmful purposes.
(k) Use the Products or Services for scientific research or analysis without written consent from the company.
(l) Rent, lease, sell, or distribute the Products or Services for any reason other than personal use.
(m) Violate third-party intellectual property rights.
(n) Transfer access granted under these Terms or any materials to others.
(o) Attempt or assist others in engaging in any of the prohibited activities listed. We reserve the right to terminate your access if you breach these Terms. Such breaches may be reported to law enforcement authorities, and your access to the Products and Services will cease immediately. We may also contact emergency services if we believe there is an imminent threat of harm to you or others.

5. MATTERS OF OWNERSHIP

Subject to the limitations set forth in the Terms, you are authorized by peaceful flow to stream the Products and Services, download, or make personal non-commercial use of them through a revocable, as well as, preferably, non-transferable and also not sublicensable. peaceful flow The Products, which include the source code for the Products, are considered proprietary and as such, they are the intellectual property of peaceful flow, which is licensed and supplied by peaceful flow.

5.1 COPYRIGHT

All the website content, designs, and functionalities whether textual, visual, and auditory features, are the property of peaceful flow. Therefore, these works are legally protected under copyright law. It is illegal for anyone to spoil, distribute, or use without permission any products or services on this website, which is an intellectual property. Peaceful flow is and will always be the only legal entity to authorize this action.

5.2 TRADEMARKS

The peaceful flow® the trademark and the peaceful flow logo along with all the other peaceful flow products or services marks are owned by peaceful flow. All the intellectual properties are and remain to be trademarks, logos, images, product and company names displayed or referred to in the ones that are the property of their respective owners. Under no circumstances does anything allow you to use, change, or physically remove or copy such a thing. The use of the trademarks mentioned herein or those available in the Products and Services is strictly prohibited. peaceful flow will strictly enforce its trademark rights and seek criminal prosecution to the fullest extent of the law in case of infringement.

6. AVAILABILITY OF PRODUCTS AND SERVICES

We are unfortunately not able to make the Products and Services 100% faultless, as errors do occur. Nevertheless, we will always devote our best efforts to creating the best products and services for you, hoping that you will be mostly satisfied with them. If there is a problem in the Products or Services, you should report the problem to us at contact@peaceful-flow.com and we will look into it and on a case-by-case basis if we judge it necessary, fix it. In case the fault is not corrected, the access to the Products and Services may be temporarily suspended. Our legal obligation is excusable when the Products and Services are not available for a commercially reasonable period of time. At times we may have to restrict your access to the Products and Services for reasons like repairs, maintenance, or introduction of new Services or Products. We shall restore the Products and Services as soon as we can. In cases when the Products and Services are not available, the same rules about the Order and cancellation deadlines will apply; please inform us of Order changes by sending us an email at contact@peaceful-flow.com. We can change or discontinue a feature, part or content of the Products or Services at any time, on a temporary or permanent basis, with or without notice to you. We also reserve the right to dictate the schedule and the nature of software updates, which we may do by downloading and installing them without your prior consent. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by us, without prior notice to you. Outside the case of pro rata refunds being made in Section 3.1, you hereby acknowledge that peaceful flow is not bound to grant such change, modification, suspension or termination of any feature or component of the Products and Services to you and peaceful flow shall not cause any damage if the foregoing occurs.

7. USER MATERIAL

7.1 The Products and Services enable you to upload materials to us; for instance, you may be able to write comments or post images on some functions or features of the Products or Services. User Material covers all publicly available information of all kinds that are sent to us by you, including text, files, images, photos, video, sounds, and musical or literary works. The User Material does not involve the account information, Product or Service purchase, or Product or Service use information which you provide in registering for and using the Products or Services. By using a function of the Products or Services that allows you to review or submit User Material, you agree to be bound by the provisions of these Terms. If you are not prepared to review or submit User Material according to the provisions of these Terms, then you shall not do the same.

7.2 We are not devoted to systematically inspecting all User Material submitted by you or other users. However, we keep the right to, and aside from that we may from time to time, check up on all the information that will be transferred, so we can fulfill our operational responsibilities. In the event that we decide to monitor such information, we take no responsibility or liability for the content or any loss which might be sustained due to the content. During the monitoring process, the data can be evaluated, preserved, copied, and applied according to our Privacy Policy. It is not possible for us to be liable for the content of User Material which you or any other user supply. We do not guarantee the content in any way or give absolutely no warranties or representations about User Material, including as to its correctness or legality.

7.3 For reasons we made, we have the right, only in our sole discretion, to not post or remove or edit any of your User Material, respectively, or to restrict, suspend, or terminate your access to all or any part of the Products or Services; this is particularly true when the User Material damages this Section. Furthermore, we may have to do it with or without the prior notice we give you.

7.4 It is possible for us to join User Material or parts of the User Material to other materials, including the materials made up by other users or by peaceful flow or by other third parties. We might use User Material for our own internal need. For example, we might use it to study categories or look for trends or to promote to advertise peaceful flow. We might as well indirectly get profits from your User Material.

7.5 Every time you send us User Material, you warrant and confirm the following:
(a) Your User Material is yours, and you have permission to submit it and it is submitted without violation of any third party’s rights, such as intellectual property rights (including copyright, trademark, and patent), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not the kind that is considered illegal, such as the ones which are obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or ones which lead the person subjected to it to be a laughingstock to the public. Furthermore, it does not cause the initiator of it to be held in a civil action or to violate any law, or to be treated as a natural misdeed.
(c) Your User Material does not promote, advertise, any product or any service or it is not a business solicitation.
(d) Your User Material, while identifying any person (with a name, address, picture, or video), must never depict such persons under the age of 18 without consent and in case it shows an adult, you have the right to submit it as you did; by getting the consent of that person, submitting your User Material doesn't mean you are impersonating someone else.
(e) You will not gather email addresses of other users and use them to send unsolicited emails.
(f) You will not take part in any criminal or tortious conduct, including but not limited to, fraud, spamming, copyright infringement, patent infringement, or the stealing of trade secrets or attempt to imitate the identity of another user or person.
(g) You are only allowed to use the system manually and no automatic abuse, like using scripts to change our content, is accepted.
(h) You are forbidden to access, or to tamper, or to use non-public regions of the Products and Services, peaceful flow's computer systems, or the technical delivery systems of peaceful flow's providers.
(i) Also, except for a case as such that you would have to ensure the security of your computer with the aid of antivirus or anti-malware products purchased off-the-shelf through the practice of the necessary upkeep, you may not try to check, examine, or probe the Products or Services and those belonging to other systems or networks at peaceful flow

9. ASSUMPTION OF RISK

By allowing you access to the Products or Services, we as the "Platform Entities" do not undertake any responsibility or liability whatsoever for your health or physical condition. Under no circumstances will the Platform Entities be held liable for any death, bodily injury, or mental health issues caused as a direct result of your use of the Products or Services or through any activity you do in relation to them, or that you cause to any other person. All events connected to the use of the Products and Services are fully your own responsibility. Other than the above cases, we disclaim all the following:

(a) In Case of Medical Emergency: If you have a medical emergency, please contact your healthcare provider. If you are having thoughts of self-harm, please be prompted to call or text 988, the Suicide and Crisis Lifeline immediately. In the case of a medical or mental health emergency, please call 911 or go to the closest emergency room.
(b) Not a Licensed Healthcare Provider: Our platform, with the exception of affiliated medical providers, is not a licensed healthcare provider, does not render medical treatment, advice, or diagnosis, and is not your healthcare provider.
(c) Not Emergency Services: Our platform is not emergency services and thus, will not get in touch with you or anyone else regarding your medical condition or treatment.
(d) Informational Materials Only: Information or content provided via the Products and Services are for educational purposes only and should not replace the relationship you have with your healthcare specialist.
(e) Consult Your Physician: You should always always these specialists if you have any questions regarding your current medical condition.
(f) Do Not Disregard Medical Advice: Never ignore the instructions that you were given by a medical professional that said you should seek care, if you read something or received information from the Products and Services.
(g) Survey or Research Liability: The Platform Entities are not held liable for any survey, research, or medical program or study that you may involve yourself with via the Products or Services.
(h) Accuracy of Information: The Platform Entities are not liable for the accurateness, reliability, effectiveness, or the appropriate use of any information that you get through or generate by the Products.

9.1 Meditation Assumption of Risk

Although research shows that meditation may affect mental health and overall well-being, no absolute guarantee can be given that it will produce physical or therapeutic benefits. There have been from time to time such cases where individuals with certain psychological problems, such as anxiety and depression, have shown higher levels of worsening of symptoms from extensive meditation. It is our suggestion that you consult with your doctor before you start any meditation practice if you already have a mental health condition.

9.2 Coaching Assumption of Risk

The mental health coaching service will involve trained coaches who will be giving personal encouragement and motivation to you. These coaches do not have the authority to provide medical advice, professional counseling, or psychotherapy. The advice given should in no way replace a professional's advice. Always consult with your healthcare professional or physician prior to making any medical decisions. Do not stop any prescribed medications without discussing it with your healthcare provider first.

10. WARRANTIES AND DISCLAIMERS

10.1 Products and Services Disclaimer

The circulation of the Products and Services, including all materials and content that can be obtained via them, takes place on a "as-is" and "as-available" basis. All the following warranties, either main or implied, regarding the Products and Services, are specifically disclaimed by We, including the warranty of merchantability, suitability for a particular purpose, or non-infringement. We do not guarantee, represent or warrant that the Products and Services will be uninterrupted, timely, secure, or error-free, or that any problems will be corrected.You are agreeing to utilize the Products and Services at your own risk and discretion, and we assume no responsibility for any damage to your property or loss of data.

10.2 No Medical Care

The meditation, mindfulness, sleep, and movement materials and activities are not medical care or advice. Only a licensed physician or healthcare provider can provide medical advice. The content we provide is designed to help you and your healthcare provider work together, not replace it. We are not responsible for the decisions you make based on the information you receive through the Products and Services.

10.3 Physical Health for Movement Content

By participating in this movement content, you represent your acceptance to be in an adequate physical health condition to do so. Also, if you have any previous injuries, chronic illnesses, or diseases like heart disease or high blood pressure, it's best to make an appointment with a licensed physician of primary care before starting any exercise program.

11. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

11.1 Copyright Policy

We are dedicated to protecting the rights of the intellectual property owners. You may not store or share any material whose ownership rights belong to third-party intellectual property, including copyrighted goods. We reserve the rights to cut off the privileges of any user who keeps infringing on the copyright of others after proper communication has been sent.

11.2 Copyright Infringement

If you believe you are a victim of copyright infringement, you should send a notice under the Digital Millennium Copyright Act (DMCA).

11.3 How to Report Infringement

To report infringement, send a DMCA notice to our designated copyright agent. Please provide the following information:

- An electronic or physical signature of the person who is authorized to act on behalf of the owner of the copyright.

- A prologue of the copyrighted work that you feel is being disrespected. Where on the website is the material located.

-Your contact details (address, telephone number, email).

- A statement that you believe in good faith that the disputed use is unauthorized.

- A statement under penalty of perjury that your information is accurate.

12. ELECTRONIC COMMUNICATIONS CONSENT

Email, text messaging, push notifications and some other forms of communication through electronic means ("Electronic Communications") permits us at peaceful flow to collaborate with you and involve you in our service offerings, announcement of new products, transmitting your appointment reminders, and giving you the option to respond to our surveys. In adopting our services, you also assent to and are engaged in the receipt of Electronic Communications pertaining to the services and product information involved with us. When you provide your phone number, you agree to receive SMS/text communications related to our services, even if they are marketing and promotional messages, even if your number is located in Do-Not-Call registry. The standard text message charges by your cell phone carrier will be fine in such cases. You may withdraw your consent to receive communications via SMS/text anytime by responding with "STOP." Directly after your withdrawal, you will not be sent any more SMS by us. We use different means to safeguard the information of our customers. However, Electronic Communications are not the place where your information is protected, can be securely stored across your phone and are under the risk of being accessed by someone else. We will observe our privacy policy where we will only reveal a minimal amount of sensitive information using Electronic Communications. The concerned laws of the countries may require certain communications to be written. You consent to transact and agree to that the documents we provide you with electronically qualify as a legal requirement for written notices. You are entitled to ask us for the hard copies of any information by writing to us at contact@peaceful-flow.com. To alter your choices for email, phone number, or text communication or remove yourself from further communication, you can email us at contact@peaceful-flow.com. You should be aware that stopping your subscription could stop you from using our services. We have the authority to cease or alter the ways we provide Electronic Communications at our discretion, with the necessary notice as required by law which we will strictly adhere to.

13. INTERNATIONAL USE

If you are from other countries, you may access the available content on meditation, mindfulness, and mental health. This material is not used to diagnose, treat, or prevent the disease. Other ancillary services such as therapy or psychiatry are rendered by our corresponding partners and consequently may be subject to different rules and policies, if required. You agree not to export or re-export any of our products in violation of the laws that are applicable, including U.S. Export Administration Regulations. You are not allowed to use our services if you are in countries where the access to such services is illegal, including sanctioned countries or regions. Certain jurisdictions of the law may not preclude particular exemptions of guarantees or limitations of indemnity, and as such, not all of the claims disclaimed in this section may apply.

14. DISPUTE RESOLUTION & BINDING ARBITRATION

Please pay attention to these requirements as they will oblige you to arbitrate disputes with Peaceful flow and allow you to seek relief only as limited herein.

(a) Jury Trial Waiver: Both you and Peaceful flow waive the right to a trial by jury for disputes, opting for arbitration instead.
(b) Class Action Waiver: You agree to bring claims only in an individual capacity, not as part of a class action.
(c) Informal Dispute Resolution: Before going to legal suits, try to use mediation by writing to us at contact@peaceful-flow.com. If a month passes by and the case remains unresolved, legal proceedings could commence.
(d) Arbitration Agreement: All disputes, even privacy-related ones, will be resolved through arbitration. The exception will be cases like small claims court and actions to seek injunctive relief.
(e) Arbitration Rules: The agency for arbitration will be the American Arbitration Association ("AAA") or any other platform determined by the user only. They will apply their Consumer Arbitration Rules. The cost of arbitration will be shared according to the AAA Rules.
(f) Authority of Arbitrator: The arbitrator will have the right to decide the place, time, and the people affected by his ruling, and also, he might provide relief based on the law of the land.
(g) Mass Arbitrations: There is a set of distinct procedures for filing 25 or more similar disputes. It is the most convenient way of speedy settlement.
(h) Enforceability: Should any provision of this section be held unenforceable, it shall not affect the rest.
(i) Opt-out: You may reject arbitration by sending us a written notice of your decision within 30 days of accepting these terms.
(j) Survival: This arbitration agreement is effective until you terminate the relationship with contact@peaceful-flow.com.

15. GENERAL

15.1 ASSIGNMENT BY US

peaceful flow can assign, at any time, its rights and obligations under these Terms to any company, firm, or person without materially affecting your rights under this agreement. You are not allowed to assign your rights or obligations under this agreement to other parties. These Terms are personal to you, and no third party is entitled to benefit under these Terms except as set out here.

15.2 INDEMNITY

You shall bear full responsibility for your own actions and decisions during your use of the Products and Services, and you undertake the obligation to defend and indemnify peaceful flow, your employer, your health plan, or provider and each of their respective officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “peaceful flow Entities”) from any and all claims that may be brought by a third party, as well as any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with:

(a) your unauthorized use of, or misuse of, the Products or Services;
(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any Applicable Law;
(c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
(d) any dispute or issue between you and any third party. The said indemnification undertaking shall be fulfilled upon the written notice provided by a peaceful flow Entity to you regarding such promises, and no failure thereof will negatively affect your duty to proceed with the promise, besides to the extent that it could be greatly impacted by that. We shall have the right, at our own expense, to take over the exclusive defense and control of any matter which is assumed by you for indemnification (without limiting your indemnification responsibilities in that regard), and in so doing you expressly agree to cooperate with our defense of those claims.

15.3 LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, peaceful flow ENTITIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCTS AND SERVICES OR ANY MATERIALS OR CONTENT ON THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY peaceful flow ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. UNLESS STATED OTHERWISE IN THE ARBITRATION CLAUSE AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE peaceful flow ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCTS AND SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF:

(a) THE AMOUNT YOU HAVE PAID TO peaceful flow FOR ACCESS TO AND USE OF THE PRODUCTS AND SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR
(b) $10,000. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR AN ASSUMPTION OF RISK, LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.4 NO WAIVER

Our non-exercise or delay in the exercise or the enforcement of any right under the Agreement shall never be considered as a waiver of that right or any of the other rights under the Agreement that we have.

15.5 FORCE MAJEURE

We shall not be liable to you for any defect, non-working or the absence of the Products and Services, or for any delay or failure on our part to comply with these Terms, if it is caused by any reason not under reasonable control of ours.

15.6 NOTICES

Except as otherwise expressly stated in my notice or I am instructed by you, you may provide all notices to peaceful flow at contact@peaceful-flow.com. We can send you the notice through the e-mail address you provided us when you registered, or in any of the ways specified in these Terms. Notice will be considered received and properly served as soon as it is posted to the Products, emailed, or sent in any other form of electronic communication. To prove the efficiency of the delivery of any notice by email, it is enough to provide evidence that such an email was sent to the specified e-mail address of the recipient.

15.7 ENTIRE AGREEMENT

These Terms of Use and the terms and conditions, which are included elsewhere, expressly referred to in these Terms of Use make up the entire agreement between us and replace all the previous oral or written discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us concerning the matter with the the Products and Services. We each agree that neither of us is relying on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the additional terms or policies expressly referred to in these Terms, and that our only recourse will be for breach of contract. Nothing in this Section limits or excludes any liability for fraud.

15.8 THIRD PARTY RIGHTS

Someone who is not a party to the Agreement does not have any rights under or arising from the Agreement, except as stated in the Section 11 (DMCA).

15.9 EXCLUSIVE VENUE

As long as the terms allow it and the parties choose to sue each other in court, both you and peaceful flow will be limited to the following areas: all claims and disputes resulting from the Terms or the use of the Products and Services will only be tried in the United States District Court for the Central District of California. If, however, that court does not have subject matter jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Products and Services will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and peaceful flow give your consent to the jurisdiction of the courts of both county and state.

15.10 CHOICE OF LAW

The laws of US state, subject to the principles of conflict of laws in US, these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims, shall govern, except to the extent they are pre-empted by U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

15.11 SEVERABILITY

If a part of these Terms is found to be unenforceable, then that part will be removed from these Terms and will not affect the validity and enforceability of the remaining parts. peaceful flow is located at US.