These Terms and Conditions of Use (the "Terms") govern your use of the 15Nitya - The Fifteen Nityas mobile application (the "App"), developed and published by Ungureanu D. Simona-Adriana PFA ("the Publisher"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.
Interpretation and Definitions
Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Publisher downloaded by You on any electronic device.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Country refers to: Romania.
- Device means any device that can access the Service such as a computer, a cell-phone or a digital tablet.
- In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
- Publisher (referred to as either "the Publisher", "We", "Us" or "Our" in this Agreement) refers to Ungureanu D. Simona-Adriana PFA.
- Service refers to the Application.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Publisher to You.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Publisher regarding the use of the Service.
- You means the individual accessing or using the Service, or the Publisher, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
1. Acceptance of Terms
By downloading, installing, or using the 15Nitya - The Fifteen Nityas App, you confirm that you have read, understood, and agree to these Terms. You also agree to comply with all applicable laws and regulations.
2. App Usage and License
The Publisher grants you a limited, non-exclusive, non-transferable, and revocable license to use the App for your personal, non-commercial use, subject to these Terms.
- Prohibited Uses: You may not reverse engineer, decompile, or disassemble the App, modify it, or use it in any way that could harm or impair its services.
3. Subscriptions and In-app Purchases
The Service or some parts of the Service are available only with a paid Subscription. The Application may also include In-app Purchases that allow you to buy products, services or Subscriptions.
Subscription Period and Cancellation
- You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select.
- Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Publisher cancels it.
- If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
- You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing and Refunds
- If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
- Except when required by law, paid Subscription fees are non-refundable.
- If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. You must request a refund by contacting the Application Store directly.
4. Spiritual and Educational Content Disclosure
4.1. General Content Disclosure
The App provides content related to the traditions and practices of Hinduism, including meditation instructions, mantras, and elements of yoga. This content is intended for spiritual and educational purposes only. It is not a substitute for professional medical, psychological, or health advice. The App is not intended to diagnose, treat, or cure any health conditions.
- You are solely responsible for how you use the information and practices provided. The Publisher is not responsible for any physical, mental, or emotional problems that may arise from your use of the App. If you have any health concerns, please consult a qualified healthcare professional.
4.2 Tantric and Ritual Content Disclaimer
The App contains textual content that is presented as a direct and factual quotation of source Tantric material (including, but not limited to, the Tantrarāja and other related texts). This content is provided strictly for scholarly, historical, and spiritual reference and study only. The Publisher does not endorse, advise, recommend, or encourage the practical execution of any rite, practice, or instruction described within the quoted material that involves harm, injury, annihilation, or malice toward any living being. You are strictly advised to view all such descriptions as quoted, historical text, and acknowledge that the App is not intended for, and must not be used for, any practical application involving violence, harm, injury, annihilation, or malice toward any living being.
5. Intellectual Property and Content Disclaimers
All content within the App, including text, graphics, logos, images, sounds, and songs, is the property of the Publisher and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
AI-Generated Content Disclosure
The Publisher discloses that some of the content within the App, including certain text, songs, sounds, and images, has been generated, partially or in full, by artificial intelligence (AI) systems. While we have made efforts to ensure the quality and originality of this content, it may, in rare cases, inadvertently contain elements that are similar to or derived from existing works. Users are prohibited from copying, distributing, or using this content for commercial purposes without explicit permission.
Traditional Iconography Disclaimer
The App's artistic representations of deities and other iconography may not always be a perfect or complete reflection of traditional Hindu iconography. The content is a stylized and modern interpretation and may not be fully aligned with every traditional design pattern. It should be viewed as such.
Copyright Policy
- We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
- If You believe that a copyrighted work has been copied in a way that constitutes copyright infringement, You must submit Your notice in writing to our copyright agent via email at app@15nitya.com and include a detailed description of the alleged infringement.
6. Rules and Restrictions
By using our Service you agree to comply with all applicable laws, rules, and regulations. While using the Service you agree that you will not:
- Engage in fraud.
- Use the Service in a manner inconsistent with any applicable laws or regulations.
- Systematically retrieve data or other content from the Service to create a collection, compilation, database, or directory without written permission from us.
- Attempt to scrape, extract or collect information from the Service for any purpose, without consent.
- Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
- Resell the Service, in whole or in part, or any content residing within the Service.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the parts of the Service and try to understand how it is built or how it works.
7. Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Publisher. The Publisher has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third-party services.
8. Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
- In case of account termination due to a violation of the terms of service, any payment you may have made will not be refunded.
9. Limitation of Liability
To the fullest extent permitted by law, the entire liability of the Publisher and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
In no event shall the Publisher or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service).
10. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Publisher expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
The Publisher provides no warranty that the Service will meet Your requirements, achieve any intended results, operate without interruption, or be error free or that any errors or defects can or will be corrected.
11. Governing Law and Disputes
- Governing Law: The laws of Romania, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
- Disputes Resolution: If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Publisher.
- Severability and Waiver: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
12. Changes to Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
- By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must stop using the Service.
13. Privacy and Data Processing
Your use of the App is also subject to our Privacy Policy, which is incorporated into these Terms by reference.
* Data Collection: You acknowledge and agree that the App collects certain technical and usage data (such as Device IDs, crash logs, and purchase history) through third-party services like Google Firebase and Crashlytics to provide, maintain, and improve the Service.
* Consent: By using the App, you consent to the collection and use of this information as described in the Privacy Policy.
* Third-Party Terms: Because the App uses third-party services for analytics and payments, you may also be subject to the privacy policies of Google and Apple.
14. Contact Information
If you have any questions about these Terms and Conditions, You can contact us:
Ungureanu D. Simona-Adriana PFA by email at: app@15nitya.com