Terms and Conditions
TERMS FOR OUR APP
These Terms of Service (“Terms”) apply to all clients, or all potential clients of Soothify (ABN 86627689936) (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website, app and services form an Agreement with us (“Agreement”). “You” could be any client of ours.
ONLINE SUBSCRIPTION WE WILL PROVIDE
By purchasing a subscription to our app (“Subscription”) you are entitled to use the Soothify app software (“Software”) and support services. The Software provides comprehensive meditation guidance, featuring calming visualisation exercises, breathwork and mindfulness techniques, and relaxation sessions tailored to your needs, all conveniently accessible through an easy-to-use platform.
BEFORE PURCHASE
Things you must do before purchasing a Subscription
The app requires you to subscribe to continue to have full access to all features. The subscription will be charged to your nominated payment method through your iTunes or android account and is for your nominated Subscription Period.
Acknowledgements you make before purchasing a subscription
You acknowledge and agree that there may be:
occasional errors or omissions in Subscription descriptions, prices, availability and promotions;
limits to certain regions or groups of people;
technical problems and inherent risks associated with using the Software.
You further acknowledge and agree that it is your sole responsibility to ensure that the Subscription and Software meets your requirements, that they are appropriate for you and are within the laws and regulation of your jurisdiction.
Except as required by law, we cannot guarantee the accuracy of the information about our Subscriptions, or the availability of the Software.
Affiliate Commission Notice
Please be advised that Soothify (ABN 86627689936) ("we, us, our") may receive a commission, fee, or other compensation for referrals to third-party stores, retailers, or products. When you make a purchase or take action based on our recommendations, we may be compensated by the entities we recommend. This notice is to ensure transparency with you, our valued client, regarding the potential financial relationships between Soothify and the third-party entities we may refer you to through our app.
AI Use and Risk Acknowledgement
You acknowledge and agree that the Software utilises artificial intelligence ("AI") technologies to personalise interests. The use of AI enables the Software to provide a more customized and efficient experience. However, you understand and accept that:
The AI technologies employed by the Software are designed to learn and evolve over time based on user interactions and data input. While we endeavour to ensure the accuracy and relevance of the recommendations made by the Software, we cannot guarantee that all suggestions will always meet your expectations or requirements, and we cannot guarantee unbiased suggestions.
There are inherent risks associated with the use of AI, including but not limited to, the potential for errors in personalisation, inaccuracies, and the misinterpretation of user-provided data. You acknowledge that the Software's AI-driven recommendations are provided for convenience only and should not be solely relied upon for making personal decisions.
You acknowledge that the Software's functionality and the effectiveness of AI-driven recommendations may evolve over time.
Payments
The Subscription Fee is automatically deducted from your nominated payment method unless you or we cancel your Subscription in accordance with the cancellation or termination terms below.
You authorise us to:
deduct the Fee and all other accrued and owing fees from your debit or credit card; and
deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates for the Subscription Period. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.
Intellectual Property
All the Intellectual Property Rights in our Software are owned by or licensed by us. We grant you non-exclusive, non-transferable, revocable, limited permission to use the Software and Materials for your sole personal use only. This permission is for the period during which you are subscribed to the app; the duration of your Subscription only and is immediately terminated at the end of your Subscription upon which all Materials must be immediately deleted. You must not modify the Software or Materials in any way. You must not distribute, sell, sublicense or otherwise transfer or make available the Software or Materials or any portion of it to any third party. You must not modify, adapt, translate, reverse engineer, decompile or derive the source code for the Software or the Materials or authorise a third party to do so, except as specifically permitted in the app.
Your Information
We agree to take reasonable precautions to protect Your Information, and not to use or divulge to any third person Your Information, except to perform our obligations under this Agreement. This does not apply to any of Your Information that we are required to disclose by law. You will own all right, title and interest to Your Information.We take our privacy obligations seriously and for more information on how we comply with the privacy laws, please see our Privacy Policy.
AFTER PURCHASE
Things you must do after purchasing a Subscription
You must:
create an account by providing accurate and complete information;
maintain the confidentiality of your login, username and password for your account;
use and regularly update the password for your account and ensure that your password is unique and not from credentials available elsewhere;
contact us by email at if you have any difficulty using the Software;
contact us by email at if you have any issues and require a refund;
seek our prior written consent before any publication of information about us;
in the case of a dispute keep all communications confidential; and
only use our Software for legal purposes whole complying with all applicable laws.
You acknowledge and agree that we may monitor your use from time to time of the Software to ensure compliance.
You must not:
modify, reverse engineer, or decompile the App in any manner;
allow other people to use your account;
distribute, reproduce, or exploit any content from the App without prior written permission; and
use the App for any unlawful purposes or in violation of these Terms of Use.
Things we’d love you to do after purchasing your subscription
We’d love you to provide us with any testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately.
If you need to cancel your Subscription
If you need to cancel your Subscription, please cancel your account by using your iTunes or android account settings. You will not receive a refund or part refund for any payments made for your current Subscription Period but will continue to have access to the app until the end of the current Subscription Period. Where your subscription is terminated you will no longer have access to any of your personalised recommendations. Your Information will be retained with us.
Australian Consumer Law
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:
to cancel this Agreement with us; and
to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion. If you believe we have breached your consumer guarantees, please contact us and we will comply with the law.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information about our Subscriptions
Except as required by law, we may at any time, and without prior notice to you:
change and update information including availability and promotions;
change prices or descriptions of our Subscriptions; or
discontinue the Software.
Refunds
The Software is provided on an “as is” basis and, to the extent permitted by law, we disclaim all warranties, express or implied in including any warranties of merchantability, fitness for purpose, and non-infringement. We will use reasonable endeavours to maintain the Software to minimise errors and interruptions. At times, the Software may be temporarily unavailable for maintenance. Whilst we will endeavour to notify you, we may at times need to conduct emergency maintenance or be unable to notify you. We do not warrant that the Software is uninterrupted or error free, or secure, and we cannot warrant that it is compatible with any third-party application, program or software.
We can refuse to serve you and provide Subscriptions any time
Where you breach this Agreement, we may immediately terminate your account and Subscription. Where we terminate your Subscription for non-payment or any other breach of this Agreement, you will not be able to access the app or any of Your Information.
Force Majeure
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Software (which includes the AI Technologies), Materials and your Subscription. This includes but is not limited to any modification to the Software other than by us, any accident, abuse or misapplication of the Software by you, any use of the Software with other software or equipment without our written consent, any use other than the latest, unaltered current release of Software, and any use other than in accordance with this Agreement. All Software is used at your sole risk.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law, or otherwise will be limited, at our option to: -
the repair of the Software within a reasonable period; or
the refund of the amount of your previous 6-month Subscription, if we are unable to make adequate repairs.
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you fail to comply with our instructions or applicable laws and regulations, and any breach of our Intellectual Property Rights.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010.
“Agreement” means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website and app.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Force Majeure” means an 'act of God' and including but not limited to natural disasters (like floods, earthquakes, hurricanes), wars, strikes, riots, pandemics, or any other severe events that are beyond the control of the contractual parties.
“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
“Fee” means the subscription fee as advertised on our website from time to time.
"Materials" means all content and information available on the Software.
“Software” means the Soothify website and app and includes the AI Technologies.
“Subscription Period” means the period of one month or 12 months (annually) as elected by you.
“Subscription/ Subscription Services” means the Soothify app platform, and any associated materials and support services.
“We, us, or our” means Serene Mind Body and Souls Pty Ltd t/as Soothify (ABN 86627689936) and includes any of our directors, officers, employees, agents, partners, contractors.
“Website and services” mean soothify.app, and everything available on this website and app including, but not limited to, all Subscription Services.
"Your Information" includes all personal details you provide to our Software, and any other information you input and which we use to personalise your experience.
Subscription Policy
Introduction
This Subscription Policy outlines the terms and conditions that govern subscriptions to the services provided by Serene Mind Body & Souls Pty Ltd through the Soothify application, available on both the Google Play Store and Apple App Store. By subscribing to our services, you agree to adhere to this policy and the terms set forth herein.
Subscription Options
Subscription Plans
Soothify offers premium subscriptions at the following rates for different regions:
Australia:
Discounted price: $4.99
Full price: $7.99
New Zealand:
Discounted price: $4.99
Full price: $7.99
Canada:
Discounted price: $4.99
Full price: $7.99
USA:
Discounted price: $4.99
Full price: $5.99
India:
Discounted price: 199 INR
Full price: 249 INR
United Kingdom:
Discounted price: £2.99
Full price: £3.99
Discount Periods
New users will receive a discount for the first billing cycle. From the next billing cycle, the subscription will renew at the full price. The timeline for the discount period is not confirmed and may be for a limited time.
At the end of the discount period, the subscription will automatically convert into a paid subscription at the full price unless canceled at least 24 hours before the discount period ends.
Payment Terms
Payment Processing
All payments for Soothify subscriptions are processed through the respective app stores (Google Play Store or Apple App Store). Payments will be charged to the user’s account at the time of purchase confirmation.
Auto-Renewal
Subscriptions are set to automatically renew at the end of each billing period. To prevent auto-renewal, users must cancel their subscription at least 24 hours prior to the end of the current billing cycle. Otherwise, the subscription will renew for the next period at the full rate.
Managing Subscriptions
Users can manage or cancel their subscriptions through their account settings on the respective app stores. Subscription changes, such as switching plans or cancellation, must be made directly through these platforms.
Refund Policy
No Refunds
All payments made for Soothify subscriptions are non-refundable. Should users cancel their subscription before the end of the billing period, they will still have access to premium features until the current billing cycle concludes.
User Responsibilities
Account Security
Users are responsible for keeping their account credentials secure. Serene Mind Body & Souls Pty Ltd is not liable for any unauthorized access or misuse of the account.
Compliance with Terms
Users must comply with all applicable laws and the terms of service for the Soothify app and the app store where the subscription was made.
Limitation of Liability
Disclaimer
Serene Mind Body & Souls Pty Ltd does not guarantee uninterrupted or error-free access to subscription services. In no event shall Serene Mind Body & Souls Pty Ltd be held liable for any damages, including but not limited to indirect, incidental, or consequential damages, arising from the use or inability to use the subscription services.
Changes to the Subscription Policy
Policy Updates
Serene Mind Body & Souls Pty Ltd reserves the right to modify this Subscription Policy at any time. Users will be notified of significant changes through email or in-app notifications.
Contact Information
For any questions or concerns regarding this Subscription Policy, please contact us at:
Email: contact@soothify.app
Acceptance of Terms
By subscribing to the services provided through the Soothify app, you acknowledge that you have read, understood, and agree to be bound by this Subscription Policy.
App Account Deletion Policy
1. Account Deletion Request:
Users have the right to request the deletion of their account and all associated data at any time.
To request deletion, users can:
Navigate to the Account Settings section within the app and select the Delete Account option.
Alternatively, users may contact customer support via support@example.com for assistance in deleting their account.
2. Data Deletion Upon Account Deletion:
Upon requesting account deletion, all personal data, including account information, user preferences, and activity logs, will be permanently removed from our servers.
Once deleted, the data cannot be recovered.
3. Processing Time:
The deletion process will be completed within 30 days of receiving the request.
Users will receive a confirmation email once the deletion is complete.
4. Impact of Deletion:
Deleting the account will result in the loss of all access to features, subscriptions, or purchases made through the app.
Any in-app content, such as saved data, user-generated content, and purchased items, will also be deleted.
5. Uninstallation of App:
Uninstalling the app from your device does not automatically delete your account or associated data. Users must follow the above steps to fully delete their account and data.
6. Compliance with Local Laws:
We comply with all applicable local laws and regulations concerning data deletion and user privacy.