Terms of Use

Last Update: October 23, 2024

  

Welcome to SoulPod! We provide a unique mobile application for a personalized and community oriented spiritual wellness experience. These Terms of Use (these “Terms”) govern your use our mobile application owned by SoulPod Ventures Inc. d/b/a SoulPod (“SoulPod,” “Company,” “We,” “Our”), which also includes all related widgets, tools, data, software, and other services provided by us (the “Services”).

These Terms, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services. If you do not agree with these Terms, do not use SoulPod.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION AND LIMITATIONS ON SOULPOD'S LIABILITY. YOUR USE OF THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND ALL POLICIES, TERMS, AND CONDITIONS STATED OR INCORPORATED BY REFERENCE IN THESE TERMS, INCLUDING OUR PRIVACY POLICY, YOU ARE PROHIBITED FROM REGISTERING, USING OR VIEWING OUR SERVICES, AND MUST IMMEDIATELY CEASE, ACCESSING OR USING THE SERVICES.

No Medical Advice or Therapy Services

SoulPod does not provide medical advice or therapy services – we simply provide a tool for spiritual exploration. Please do not ask SoulPod for, or rely on, anything that we communicate as medical advice or a substitute for clinical therapy. Although SoulPod’s Services include data and analysis, we make no warranty whatsoever that any of this information is accurate. You should not interpret anything in our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine. All of the information on our services are for informational and entertainment purposes only.

Eligibility

Our Services are intended for individuals 13 years of age or older. Individuals under the age of 18 are not permitted to use the Services without the consent of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from individuals under the age of 13 or knowingly allow such persons to register for an account or to post personal information on SoulPod. Should we learn that someone under the age of 13 has provided any personal information to SoulPod, we will remove that information as soon as possible.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify (collectively “Changes”) these Terms of use at any time. The date of last modification is stated in the footer of these Terms of use. 

When we make any updates to these Terms, we will highlight this fact on the website or online platform. In addition, if you register an account and these Terms of use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending an email to the email address that you have provided to us. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account as described in the Termination section below, your continued use of the Services will constitute your acceptance of the revised Terms of use.

Your SoulPod Account

Access to the Services is only available to registered users who have expressly agreed to these Terms and our Privacy Policy.  You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you.

We reserve the right to disallow, cancel, or remove certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate your account at any time through our Services.

Communications with SoulPod

By creating an Account, you electronically agree to accept and receive communications from SoulPod including via email, text message, in-app communications, and push notifications to the telephone number(s) or email address(es) you provided to SoulPod. Message and data rates may apply. You can learn more about how SoulPod may contact you by reading our Privacy Policy.

You may change your communication preferences by accessing Settings in your Account. You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes, including messages about your current SoulPod account and our Services. To opt out of receiving text messages from SoulPod, you must reply “STOP” from the mobile device receiving the messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Account, SoulPod may contact you using any of the contact information you provided in connection with your Account (including via text or voice-recorded message).

Subscriptions; Free Trial; Payments

SoulPod offers the Services on a subscription basis. We may offer free trials of the Services (“Free Trial”). When you sign up for a Free Trial, you will be asked to authorize payment for a subscription to SoulPod at the end of the Free Trial period. If you do not cancel the subscription by the end of the Free Trial period, your account will be automatically charged for the subscription. If you sign up for a subscription prior to the end of the Free Trial, any unused portion of the Free Trial period is forfeited. The current subscription options, including the rates, are listed on the applicable third-party app store (“App Provider”).

All subscriptions automatically renew, unless you cancel them from your App Provider account at least 24 hours before the end of the current billing period. Accounts will be charged for renewal within 24 hours prior to the end of the current period. Refunds will not be given once a payment has been made, but you can cancel the subscription at any time to ensure that future payments are not made.

All payments for the Services are controlled and managed by your App Provider. Payments will be charged to your App Provider account upon confirmation of purchase.

For more information about payments, cancellations, or managing your subscriptions and auto-renewal, please contact your App Provider.

Changes to the Services, Accounts, and Pricing

SoulPod reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, we shall use its reasonable endeavors to notify registered users of such decision in advance.

We may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Services from time to time. In the event of any increase in the price or material reduction in the features of your Account, such change(s) will be communicated to you. We will provide notifications of the proposed changes by email to the then current email address that we have on record. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account, your continued use of your account will constitute your acceptance of the changes to your account.

Your Use of the Services

Subject to your strict compliance with these Terms of use, SoulPod grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to generate text, graphics, software, photographs, videos, data, and other materials (collectively “Content”), view Content, share and download Content using the features of the Services where the appropriate functionality has been enabled.


The above licenses are conditional upon your strict compliance with these Terms of use including, without limitation, the following: 

(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content.

(ii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

 (iii) You must not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content).

(iv) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.

(v) You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them on SoulPod either from the account you were blocked from or any other account.

(vi) You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

  • any Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion;

  • any Content that is obscene, pornographic, violent, shows weapons or guns, or otherwise offensive at the Company’s sole discretion, including but not limited to language that could be considered discriminatory towards an individual’s race, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance;

  • any Content that relates to commercial activities, including but not limited to solicitation, prostitution, sales, competition or advertising of any kind;

  • any Content that shows children under the age of 18 alone in photographs, or children accompanied by adults that are not fully clothed;

  • any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

  • any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion;

  • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user's use and enjoyment of the Services; or

  • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(vii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

(viii) You must not deliberately impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.

You agree to comply with the above conditions and acknowledge and agree that SoulPod has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

User Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content (“User Content”). By making available any User Content on or through the Services, you hereby grant to SoulPod a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content by any means to promote, market or advertise, or for any other purpose in our sole discretion. The license to use User Content granted by you to SoulPod shall survive termination of a subscription or your account.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to SoulPod the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or SoulPod’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that SoulPod may proofread, summarize or otherwise edit and/or withdraw User Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited User Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all User Content you create and submit to the Services and that you are the owner of such User Content to the license rights granted in these Terms.

SoulPod reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services or Users, or for any other reason.

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SoulPod, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All related names, logos, product and service names, designs, and slogans are trademarks of the SoulPod or its affiliates or licensors. You must not use such marks without the prior written permission of SoulPod. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor

We take the intellectual property rights of others seriously and require that users of SoulPod do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through SoulPod, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

  1. A description of the copyrighted work that you claim is being infringed;

  2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;

  3. Your address, telephone number, and email address;

  4. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;

  5. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and

  6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Our designated copyright agent to receive such claims can be reach at support@soulpodapp.com.  We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Data Protection, Privacy, and Cookies

All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR). In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms of use, and you hereby agree to the collection, use and disclose practices set forth therein.

Third-Party Websites and Services

The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).

The Company does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.

Disclaimer

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ONLINE PLATFORM AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” 

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.

WHILE THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION

Limitation of Liability

THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY OTHER SERVICES PROVIDED TO YOU BY THE COMPANY.

Indemnification

You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

(i) any violation by you of these Terms of use; or 

(ii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

Applicable Law and Jurisdiction

If a dispute arises between you and SoulPod, our goal is to provide you with a neutral and cost-effective means of resolving the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN SAN FRANCISCO COUNTY, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

Availability of Online Services

SoulPod may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will always be available or without interruption.

Complete Agreement

These Terms constitute the entire agreement between you and SoulPod with respect to the use of the SoulPod Site and Content. Your use of the SoulPod Services is also subject to the SoulPod Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact Us

For questions or comments about the Terms, please contact us at support@soulpodapp.com

Last Update: October 23, 2024