Terms and Conditions

Latest update: November 7^th, 2022

Introduction

These Terms and Conditions outline the rules and regulations for the use of Tyku mobile application and the Website (www.tyku.app). You must use the App and the Website only in compliance with these Terms and Conditions. By accessing Tyku App and the Website you accept these Terms and Conditions. Do not continue to use Tyku App and the Website if you do not accept all of the Terms and Conditions stated here. Your acceptance of the Terms and Conditions means that you have entered into an enforceable legal agreement with Our Company. Any additional requirements provided on Tyku App and Website form part of these Terms and Conditions and apply to your use of this App and the Website. Your breach of any such additional requirements shall be considered breach of the Terms and Conditions. 

1. Definitions

1.1. The following terminology applies to these Terms and Conditions: 

1.1.1. "Client", “User”, "You" and "Your" refers to you, the person who uses this App and/or the Website for personal purposes and must comply with the Terms and Conditions. 

1.1.2. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company MB “Joyful Life” (reg. no. 305757964, address: Alytus, Lauko g. 3-5, Lithuania, e-mail address: info@tyku.app).

1.1.3. "Party", "Parties", or "Us", refers to both the Client and the Company. 

1.1.4. “App”, “Tyku”, means Tyku mobile application.

1.1.5. “Website” means Our website www.tyku.app, including the e-shop.

1.1.6. “Content” means audio recordings, text information, pictures, website addresses or any other information posted or in any other way shared on the App and on the Website. 

1.2. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

2. Accessing the App

2.1. To access and use the App, you will need a supported device with Internet access that runs compatible software and can access Google Play Store or Apple App Store. You are solely responsible for procuring a compatible device and connectivity required to use the App. We shall not be responsible for any incompatibility issues or any failure to access the App. 

3. Content of the App

3.1. In the App, the User can perform the following actions:

• Listen to the audio Content (meditations, affirmations, audio courses, podcasts, etc.) for the purpose of improving and supporting emotional and mental health.
• Read text information provided with the audio content.
• Record Your own audio recordings and add text information to it.
• Save and organize Tyku's public and Your private recordings (those that have been recording in the App) in Your album section in the App.
• Share Your private or Tyku public audio recordings and albums with others by sending links to the recording or album.

3.2. We do not filter, edit, or review audio and text Content created by the Users.

3.3. Notwithstanding the above statement, We reserve the right to monitor the Content and remove any Content that is inappropriate, offensive, malicious or violates these Rules and contradicts other legal acts in force in the Republic of Lithuania.

3.4. Content created by individual Users does not reflect Our opinions, values ​​or attitudes.

3.5. We are not responsible for User’s generated Content or for any loss or expense incurred as a result of Content being posted and/or appearing on the App.

3.6. As the User of the App, You take the full responsibility for all Content that You create, post and share. You agree to be held responsible for any consequences arising from your posting of Content using the App.

3.7. You warrant and assure that:

3.7.1. None of Your Content contains offensive, defamatory, untrue, obscene or otherwise unlawful material.

3.7.2. The Content You create does not infringe any third party's intellectual property rights, including but not limited to copyrights, patents or trademarks.

3.7.3. The Content You create will not be used to aid or promote business, common practice, other commercial or illegal activities.

3.7.4. The Content You create must be respectful, non-derogatory, non-malicious and must comply with the legislation of the Republic of Lithuania.

3.7.5. When sharing Content, You respect and consider the privacy requirements of others.

4. License

4.1. Unless otherwise stated, We own the intellectual property rights for all material and Content on the App and the Website. All intellectual property rights are reserved. You may access the App strictly only for Your own personal use.

4.2. You must particularly not:

4.2.1. Reproduce, duplicate or copy material from the App and the Website.

4.2.2. Sell, rent or sub-license material and Content from the App and the Website.

4.2.3. Attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or the App. 

5. License granted to us

5.1. By posting Content on the App, you grant Us a non-exclusive, royalty-free, free-of-charge, worldwide, perpetual license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Content in any and all forms, formats or media, unless agreed otherwise.

6. Limitation of liability

6.1. Our services, Content and courses are not and cannot be considered as health care or psychological services. The services provided by Content creators and coaches are not subject to any licensing regime, nor are they subject to quality requirements, except for those quality commitments that coaches and Content creators voluntarily comply with in accordance with the relevant codes of ethics.

6.2 We do not make any guarantees regarding the expected results, availability or otherwise of the use of the services, courses and Content.

6.3. Neither the individual Content creators, coaches, nor We are liable for any damages related to the use of the Content, including non-monetary damages.

6.4. You understand and agree that the services contained in the App are provided on an "as is" basis, and while We make every effort to ensure that the App and its features are always functional, We make no commitment to ensure that you will be able to use the App or any of its features at all times.

6.5. In the case of Paid Services, if You experience damages because We violated these Rules, Your sole remedy is a refund equal to the full Service Fee You paid. We are not and will not be liable for any damages, including indirect and consequential damages, that are not a direct result of Our violation of these Terms.

7. Payment obligations

7.1. Paid services

7.1.1. The App (its Content and functions) is a paid service after the period of free use expires. The use of all features of the App (Tyku audio recordings, voice recording function, storage and organization of recordings in the App, sharing of the recordings and playlists, as well as other features developed later) requires a fixed recurring subscription amount and is subject to payment obligations. App subscriptions renew automatically for the same time period and for the same amount for which the subscription was purchased.

7.1.2. During free period of use of the App, certain Content of the App may be made available only upon payment of a subscription fee. We may change and adjust the Content that is available to Users of the App during the free period at any time.

7.1.3. We have the right to change (i.e., to add or remove) paid content at our discretion.

7.1.4. All subscription payments are made through the Apple App Store or Google Play Store systems.

7.1.5. Payments for Services and Content purchased through the online store on the Site are made through Stripe Payments Europe system.

7.2. Automatic renewal of the App subscription

7.2.1. After the User of the App purchases an automatically renewing periodic subscription, the amount of the subscription will be periodically deducted from the User's account until it is canceled. Upon expiration of Subscriber's initial commitment period and after each subsequent Subscription Period, the Subscription will automatically renew for an additional period of equal duration at the price determined at the time of Subscription. Users payment details will be stored and subsequently used for automatic payments under this Agreement.

7.2.2. If the periodic subscription payment cannot be made due to insufficient funds in the App User's account or other reasons, the App User remains responsible for all unpaid bills. We have the right to restrict access to the App and Services if payment obligations are not met.

7.3. Canceling an App Subscription

7.3.1. You have the right to cancel or change Your subscription. To change or cancel Your subscription, you will need to sign in to Your Apple ID or Google Play Store account and follow the instructions to change or cancel Your subscription. Deleting the App from your device will not automatically cancel Your subscription. We will continue to deduct the subscription amount until the termination of the App subscription is performed.

7.3.2. If a subscription is terminated or canceled, it can be used until the end of the current subscription period, after which the subscription will not be renewed.

8. Refunds

8.1. Refund of the App subscription

8.1.1. Purchases are non-refundable and non-reimbursable for partially unused periods, except when the subscription amount is requested to be refunded less than fourteen days after the date of the transaction or if the App User's jurisdiction has laws that provide for refunds.

8.1.2. Subscribers living in the EU or the European Economic Area are entitled to a full refund within 14 days of the start of the subscription, without giving a reason, in accordance with applicable laws. This 14-day period starts from the start of the subscription.

8.1.3. Refunds for subscriptions are available upon request through your Apple ID. These requests are considered by Apple and not by Us.

8.1.4. If You purchased a subscription through the Google Play Store and want a refund within 14 days from the start of the subscription, contact Us with your order number at: info@tyku.app.

8.2. E-shop Purchases on the Website

8.2.1. If you have purchased courses or other audio content (meditation recordings etc.) through the e-shop on Our Website, you can no longer cancel your order and get a refund. By purchasing, you agree and confirm that you will not have the right to cancel the order and be entitled to a refund. Such purchases are final and non-refundable. In exceptional cases, We may review and change these settings. You can contact us at the following email address: info@tyku.app.

8.2.2. Physical items purchased on the Website are subject to the return requirements of the customer's jurisdiction, determined by the laws of the country.

8.3. Refunds are made using the same payment method as the original payment transaction.

9. Not a replacement for medical advice

9.1. Do not use this service for emergency medical needs. If You experience a medical emergency, call the emergency services immediately.
9.2. If You are thinking about suicide or if You are considering taking actions that may cause harm to You or to others or if You feel that You or any other person may be in any danger or if You have any medical emergency, You must immediately call emergency services and notify relevant authorities. 

10. Your privacy

10.1. The User of the App is solely responsible for sharing any of their personal information, audio recordings and text information, and for the consequences that this may cause.

10.2. Your personal data is processed according to our Privacy Policy, which you are required to acquaint yourself with. 

11. Termination

11.1. You may at any time terminate this contract concluded between You and The Company by ceasing use of the App and the Website and deleting the App from your device. If you do so, you will not be able to further use the App. In order to use the App or/and the Website in the future, You will have to agree to these Terms and Conditions again. 

11.2. We may terminate this contract at any time if You breach any of the terms provided in these Terms and Conditions. We may also at any time discontinue the operation of the App. You are not entitled to any legal remedies if We terminate this contract or discontinue the operation of the App, except refunds for the payments you have made prior to termination, if the services have not yet been provided to you.

12. Changes to the App

12.1. We may periodically update the App for various reasons, including bug fixes, improvement of functionality and security upgrades. These updates may be necessary for You to use the App. You agree to receive such updates automatically. 

12.2. We reserve the right to at any time change the functionalities of the App or remove certain functionalities altogether. You are not entitled to any remedy relating to such changes. 

13. Changes to these Terms and Conditions

13.1. We may at any time change these Terms and Conditions. If the Terms and Conditions change, we will publish an updated version of these Terms and Conditions on our website https://www.Tyku.com/. The updated Terms and Conditions will come into effect after a period indicated in the updated Terms and Conditions. 

13.2. In certain cases, for example, if We make updates due to security reasons or if We introduce new functionality in the App, the updated Terms and Conditions may be effective immediately and will apply to Your use of the App as of the moment the updated Terms and Conditions are published. 

13.3. Your continued use of the App will be considered Your acceptance of the updated Terms and Conditions. 

13.4. If You do not agree to the updated Terms and Conditions, You may at any time cease using the App and/or the Website and uninstall the App from your device.

14. Applicable law and dispute resolution

14.1. These Terms and Conditions and the entirety of Your use of the App and the Website and is construed and governed by the laws of the Republic of Lithuania. 

14.2. Any disputes between You and The Company shall be resolved amicably. If any dispute is not resolved peacefully, it shall be subject to exclusive jurisdiction of a competent court in the Republic of Lithuania. 

14.3. If you are a consumer living in the European Economic Area and consumer protection laws are applicable to Your use of the App, you may also file disputes using the European Commission’s Online Dispute Resolution platform.