MTO Tamarkoz® Association

Terms of Use

 

Last Updated: February 4, 2020


The terms and conditions herein are the Terms of Use (hereinafter “Terms”) given by the MTO Tamarkoz® Association, a California Nonprofit Public Benefit Corporation (MTO Tamarkoz®). Users of the MTO Tamarkoz® website and application are advised to read the Terms carefully, as they shall apply to all visitors, users, and clients of the website and application.

By accessing or using the MTO Tamarkoz® website and/or application you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the website and/or application. You should promptly discontinue use of the website and/or application.

1.     The Website

The MTO Tamarkoz® website is for the art of self-knowledge through concentration and meditation, as taught by MTO Tamarkoz® (trademarked “Tamarkoz”). MTO Tamarkoz seeks to educate the public on the physical, psychological, social, and spiritual benefits of Tamarkoz to inspire optimal health through the practice of Tamarkoz and to promote the holistic well-being of each individual and society through education and research of Tamarkoz.

2.     The Application

The application published and promoted by MTO Tamarkoz is for meditation purposes. It furthers the mission of MTO Tamarkoz and the furtherance of individual holistic wellbeing of the application users. It is a limited product that does not sell, trade, or monetize personal information of the users. Users with a valid subscription will be granted access and use of the content on the application, but such subscription is for the term selected by the user when initiating the subscription and cancellation or expiration of the subscription will result in the loss of all privileges in and around usage of the application, unless free content is provided for MTO Tamarkoz.

3.     Use of the Website

By using the website, you represent and warrant that you are over the age of 18, that you are able and willing to abide by the terms and conditions herein, and that you accept that we may track or monitor your activity on the website, collect and use your information, and send mailers to you when necessary.

4.     Use of the Application

By using the application, you represent and warrant that you are over the age of 18, that you are able and willing to abide by the terms and conditions herein, and that you accept that we may track or monitor your activity on the application, collect and use your information, and send mailers to you when necessary. You agree to not use the application in an unlawful manner.

5.     Acquisition of Information

By using the MTO Tamarkoz website or application you may inadvertently or deliberately provide information to MTO Tamarkoz. Such information may include your name, address, device information, email, phone number, and financial information. You may utilize your Google or Facebook accounts to create your MTO Tamarkoz account as well. In such instance you are deemed to have already accepted the Facebook and/or Google Privacy Policy and Terms of Use, and you acknowledge that information may be transmitted to the entity through which you log in with.

By using the application you may provide your mood feelings. This shall be kept specific to you and shall not be provided to third-parties. Additionally, the application may, as a result of its design and function, track the number of exercises you conduct, the length of such exercises, and what time of day the exercises were performed. This information will be presented to you in a graph function and shall remain solely tied to you and not provided to third-parties.

Personal data is stored on the Amazon RDS/S3 system. Your information may be subject to Amazon’s privacy policy, as well as the terms and conditions of their terms of use. We warrant and represent that we cannot control Amazon but will do due diligence in ensuring your information is handled lawfully and in compliance with your jurisdiction.

6.     Use of Information

Any information acquired relating to you or your devices shall be treated with the utmost of courtesy and respect, in-line with state and federal law and regulation. MTO Tamarkoz shall, when necessary, aggregate your information for anonymous analysis, in order to better understand website or application traffic and usage metrics. MTO Tamarkoz may, from time to time, send you emails or physical mailings, to make you aware of products, events, or activities that may be to your benefit. MTO Tamarkoz will not sell, broker, exchange, or otherwise monetize your information.

MTO Tamarkoz may aggregate and anonymize your information and process it with Google Analytics. This is solely for tracking website and application activity, identifying points for development or redesign, and other activities that will not monetize you, the user, but will work to accentuate and enhance your experience when using the website or application.

MTO Tamarkoz may, from time to time, send out emails notifying you of deals, arrangements, or updates to the website or application. You may opt out of such emails at your convenience.

7.     Privacy Policy

By accepting these Terms, you accept our Privacy Policy, which is partially expressed below for full transparency, and also available on the website and application.

8.     User Account

Users represent that they are qualified for creating an account on the MTO Tamarkoz website and application. Account creation requires specific information, including name, phone number, email address, and other pieces of information that may be expanded or removed as needed. When creating your account you must utilize the email provided and verify your account creation via the email that will be directed to you. Failure to do so will result in the denial of account creation.

9.     Subscription Service Payment

MTO Tamarkoz’s application features a subscription service wherein users pay for a limited license to use and enjoy the content provided by MTO Tamarkoz. The subscription fee is charged once per subscription p[eriod, unle the user elects to have automatic billing and users may opt to discontinue the subscription prior the next payment being made. Some elements of the application may be free to all on a case by case basis.

Users will process payments for their subscription through the means made available by MTO Tamarkoz, which, collectively, are referred to as “storefronts” and may include, but are not limited to, the MTO Tamarkoz website, Google Store, Apple App Store, and other digital marketplaces that may partner with MTO Tamarkoz and process subscription payments. MTO Tamarkoz will also utilize the MTO Tamarkoz website and Stripe service, discussed below, for subscription payment processing.

The applicable storefront is not responsible for addressing any claims you have or any claims of any third party relating to the MTO Tamarkoz application or your possession and use of the MTO Tamarkoz application, including, but not limited to: (i) product liability claims; (ii) any claim that the MTO Tamarkoz application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the MTO Tamarkoz application or your possession and use of the MTO Tamarkoz application infringes that third party’s intellectual property rights, MTO Tamarkoz will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. Should the user have any part in instigating such activity they will be solely liable to such third-party when necessary.

The storefront and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the MTO Tamarkoz application, and that, upon your acceptance of the terms and conditions of these Terms, such storefront will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the MTO Tamarkoz application against you as a third party beneficiary thereof.

You must also comply with all applicable third-party terms of service when using the MTO Tamarkoz application.

In the event the MTO Tamarkoz application is offered through storefronts other than Apple or Google, the foregoing terms shall be applicable to each storefront.

MTO Tamarkoz is using the payment service provider Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA (“Stripe”), for online payment matters. Stripe is certified under the EU-U.S. and the Swiss-U.S. Privacy Shield Framework and adheres to the Privacy Shield Principles. In addition, Stripe has implemented intra-group data transfer agreements. When you execute payments, Stripe may collect your payment method information (such as credit or debit card number, or bank account information), purchase amount, date of purchase, your name, email, billing or shipping address and in some cases your transaction history in order to authenticate you.

Stripe may also share your personal information with service providers, subcontractors or other affiliates to the extent necessary to fulfill the contractual obligations of your order or to process the personal information on behalf of Stripe. You will find an overview of these third parties under the following link: https://stripe.com/sub-processors/legal

The processing of your personal data is necessary for the processing of your order with the payment method selected by you, in particular for the confirmation of your identity as well as for the administration of your payment. Stripe will use your data as long as it is providing its services to you, for more detailed information, see the Privacy Policy of Stripe under https://stripe.com/de/privacy

MTO Tamarkoz may retain Personal Data after we cease providing Services to you, even if you close your Stripe account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention.

10.  Payment Service Provider

For payments we make use of the In-App service of the App Store for iOS devices and of the Google Play Store for Android devices.

If you purchase a subscription to the MTO Tamarkoz application on an Apple device, the transaction and payment will be made solely between you and the Apple App Store based on the terms and conditions and privacy policy appli-cable to that device, which can be found at https://www.apple.com/legal/internet-services/itunes/de/terms.html and https://www.apple.com/legal/privacy/de-ww/.

If you purchase a subscription to the MTO Tamarkoz application on an Android device from the Google Play Store, the transaction and payment will be made solely between you and the Google Play Store, subject to the terms and conditions and privacy policy of the Google Play Store, which can be found at https://play.google.com/intl/de_de/about/play-terms.html and https://www.google.de/intl/de/policies/privacy/.

11.  Subscription Access

Upon acquiring a subscription to the application as required by MTO Tamarkoz, users will have access to the portions of the application that their subscription promises for the period of time that the user has subscribed to the application, whether it is monthly or annually, commencing with the date their subscription fee was processed. This access shall be unlimited and users will have the right to use the content within the application for their personal use and enjoyment.

Should a user cancel their subscription, decline to renew it, or otherwise terminate their relationship with MTO Tamarkoz, they shall not be refunded for the previously processed subscription fee. They shall lose all right to access and enjoy the subscription based content, and their access to their account may be limited, restricted, or removed.

12.  Limited Content Access

From time to time, and solely at the discretion of MTO Tamarkoz, free content may be made available on the application and users without subscriptions, or with expired or cancelled subscriptions, can access the limited content made available on the application. This content may be removed, restricted, and controlled by MTO Tamarkoz, and the free access to it shall not grant a user any right, title, or other property interests in the content.

13.  Notifications

Then the user signs up with their phone number or provides their phone number for enhanced use and enjoyment of the application, the user should be aware that MTO Tamarkoz utilizes Twilio, a service of Twilio Inc located at 375 Beale Street, Suite 300, San Francisco, CA, 94105, USA, for: sending you an SMS/MMS, password resets, update to your information  when you signup with your phone number. The processing of your phone number by Twilio is based on your affirmative consent. You may withdraw your consent at any time by sending an email to info@tamarkozapp.com or sending us a request by using the “contact us” option under the “settings” option within the Tamarkoz application.

In the event you opt out of Twilio utilizing your information, the foregoing activities are considered essential to the operations of the MTO Tamarkoz application and as a result your access to your account may be revoked and the account deleted when required by law.

14.  Age Requirements

MTO Tamarkoz asserts that its website and application are for the use and enjoyment for those over the age of 18. Those who are under 18 may use this service solely with the express permission of their parent or legal guardian. Should MTO Tamarkoz discover you are under the age of 18 and lacking permission, your account will be revoked immediately and your account information deleted.

15.  California Consumer Privacy Act

For California residents, MTO Tamarkoz respects and abides by the California Consumer Privacy Act (the “CCPA”). Should you desire to know what, if any, information MTO Tamarkoz may have collected about you from our website or application, you may send a query to our email, provided under the ‘Contact Us’ section further below. In such instance, we will acknowledge receipt of your request within 10 calendar days. We will provide a copy of what information we have acquired regarding you within 45 calendar days.

Should we register with the State of California as a data broker, we will notify you promptly. Should we be required to take actions by the State of California regarding your rights and privileges, we will act once we become aware of such requirements.

In the event you review the information provided and desire removal of it, you may send a request for deletion of all information regarding your person. We will act accordingly and within 60 calendar days, remove all such information to the best of our ability.

When you make any request of us, we reserve the right to request proof of identity, to verify you are a California resident and to prevent unwarranted leaks of personal information.

16.  Website Cookie Usage

MTO Tamarkoz utilizes software trackers called “cookies” on our website, they recognize you as a user and facilitate the usage of our website. Cookies are small text files which your web browser installs on your terminal equipment. Mostly "session cookies" are used, they get deleted automatically after your session has been completed. Other cookies, "persistent cookies", remain installed on your terminal equipment until they get removed by you. These cookies allow us to identify your web browser when you visit our website the next time. You can check in your web browser the cookies that are installed on your terminal equipment. Within the predefined scope of your web browser settings you can choose whether cookies should be permitted in individual cases, should not be accepted in general or be deleted automatically after your web browser has been closed. Nevertheless, disabling cookies may limit the possibility to use the website.

We use cookies to make our website more user-friendly for you. Therefore, some elements of our website require the possibility to identify the calling browser after a page change has occurred. Furthermore, we are using cookies to maintain a unique encrypted key to identify the user session which enables you to stay signed in while browsing the site.

The following data is stored in cookies and gets transmitted: log-in information for input masks, and unique key to identify the user session for staying signed in while browsing the website.

We only utilize technical cookies that are necessary to optimize the usage of our website. Otherwise we would not be able to offer certain functions on our website. It is essential for these functions that your web browser gets recognized after a page change has occurred. These purposes also represent our legitimate interest in processing your personal data. The use of cookies is required for acceptance of language settings and staying signed in while browsing on the website.

We do not use personal data collected by technically necessary cookies to create user profiles.

Cookies that are installed on your terminal equipment transfer the stored information to our website. Thus, you have full control whether and how long cookies are able to store personal data. You can deactivate or restrict the transmission of cookies by changing the settings in your web browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. Though, be aware when you deactivated the use of cookies regarding our website, it may no longer be possible to use all functions our website is offering.

17.  Termination

MTO Tamarkoz reserves the absolute right to terminate your account and access to the website and application in the event you breach these Terms, request deletion of your account, we are requested to do so by law enforcement, or in the event we discontinue the application or website.

18.  Content Ownership & Rights

MTO Tamarkoz asserts that it owns all content with the website and application, unless clearly stated otherwise. Users may not and shall not copy, monetize, misuse, abuse, or misappropriate the content of MTO Tamarkoz. MTO Tamarkoz reserves the right to enforce its trademark, copyright, and trade secret rights whenever necessary.

19.  Prohibited Conduct

Users may not utilize the MTO Tamarkoz website or application to:

a)     infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

b)    violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

c)     engage in fraudulent, false, misleading or deceptive activity;

d)    engage in defamatory, obscene, pornographic, vulgar or offensive activity;

e)     engage in activity that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 

f)      engage in activity that is violent or threatening or promotes violence or actions that are threatening to any person or entity;

g)    engage in activity that promotes illegal or harmful activities or substances;

h)    access, tamper with, or use non-public areas of the website or application, MTO Tamarkoz’s computer systems, or the technical delivery systems of MTO Tamarkoz’s providers;

i)       attempt to access or search the Services or download content from the application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by MTO Tamarkoz or other generally available third-party web browsers;

j)       send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

k)     use the website or application for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

l)       forge any TCP/IP or other packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

m)   attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the application and website;

n)    interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the website or application;

o)    collect or store any personally identifiable information from the Services from other users of the website or application without their express permission;

p)    impersonate or misrepresent your affiliation with any person or entity;

q)    violate any applicable law or regulation; or

r)      encourage or enable any other individual to do any of the foregoing.

15.  Warranty

The website and application are provided in “as-is” condition, without any warranty. MTO Tamarkoz specifically disclaims any warranties of fitness for a particular purpose, quiet enjoyment, or non-infringement and any warranties arising out of course of dealing or usage of trade. MTO Tamarkoz makes no warranty that the website or application will meet your requirements or by available on an uninterrupted, secure, or error-free basis. MTO Tamarkoz makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the website, application, or any content within them.

20.  Indemnification

You will indemnify and hold harmless MTO Tamarkoz and its officers, directors, and agents, from any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the website or application, or your violation of these Terms.

21.  Limitation of Liability

MTO Tamarkoz represents that it is not engaged in any activity for which an ordinary user would experience harm. However, should any user of the website or application suffer harm or injury, MTO Tamarkoz expressly asserts it shall not be held liable for such harm unless it can be demonstrated that the harm arose from the gross negligence of MTO Tamarkoz. In the event that you, the user, are the source of the harm, you shall be solely liable for such harm.

22.  Third Parties

The website and application may provide links to third party organizations, companies, and other entities. MTO Tamarkoz is not liable for such third parties and users are strongly advised and encouraged to look to the privacy policy and terms of use of such entities in order to be aware of and understand their rights.

23.  Arbitration

In the event of dispute, you agree and consent that any and all disputes shall be resolved via arbitration, under the rules of the American Arbitration Association, under the oversight of a mutually agreed upon arbitrator. Should the parties not be able to agree on an arbitrator, the American Arbitration Association may select an arbitrator at random. The parties agree that under no circumstances shall litigation be permitted.

Users acknowledge and accept that they forfeit any and all right to a trial by jury or before the bench. All disputes shall be resolved solely by arbitration. Further, users agree they shall not seek to join, nor permit joinder, of their action to the action of another person. Users expressly accept that they shall not enter into class action litigation nor class arbitration. All disputes shall be resolved solely by singular arbitration.

The arbitrator may render a reasonable decision within 10 days of hearing the dispute between the parties. Punitive damages, special damages, or any damages outside of the actual damages that can be identified with specificity, shall not be awarded.

24.  Fees

The prevailing party in arbitration shall be entitled to reasonable attorney’s fees, costs of arbitration, and reasonable expenses.

25.  Governing Law

The law governing these Terms shall be the laws of the State of California, regardless of any conflicts of laws statute or regulation.

26.  Severability

Should any provision of the Terms be held to be unenforceable by a competent court of law, such provision may be read as narrowly or broadly so as to give such provision full weight and effect. In the event such reading does not satisfy the court, then such provision shall be treated to have never been a part of these Terms and the remaining Terms shall continue to have full weight and effect.

27.  Notices

In the event notice must be given, MTO Tamarkoz shall render such notice by email, or, if the user does not provide their email address, a posting will be made on the MTO Tamarkoz website. Notice will be presumed received after 72 hours from the time of sending such email or by the user acknowledging receipt of notice.

28.  Assignment

User may not assign or transfer any of their rights, responsibilities, or interests arising in or around these Terms. Any such attempt to make a transfer or assignment shall be immediately null and void.

29.  Waiver

MTO Tamarkoz’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a representative of MTO Tamarkoz. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

30.  Modification

MTO Tamarkoz may, from time to time and solely at its discretion, modify the Terms herein. In such instance MTO Tamarkoz will provide notice on the application, by email, by notice on its website, or through another method by which it will do its due best to notify users of the modification. Should you disagree with the modification in the Terms, your sole recourse shall be to delete your account and cease your use of the website and application.

31.  Entirety of the Terms

The foregoing Terms shall form the entirety of MTO Tamarkoz’s responsibilities to you, and your responsibilities to MTO Tamarkoz. No representation, warranty, exhibit, promise, statement, assurance, or other evidentiary material shall serve as an amendment or modification to these Terms.

32.  Acceptance

By continuing to use the website and/or application you are deemed to have accepted the foregoing Terms of Use.

33.  Contact Us

You may contact us with questions and/or feedback at: info@tamarkozapp.com