Terms and Conditions

Last updated October 21, 2023

Please read This Terms and Conditions Agreement (hereinafter referred to as "the Agreement") carefully before using the Guided (hereinafter referred to as "the Company") mobile application. These Terms provide clarity on our AI-driven mobile app that provides personalized guided meditations to users (hereinafter referred to as "the Users"). By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the App.

Definitions

"Guided" refers to the AI-driven mobile app that provides personalized guided meditations to help individuals achieve inner calm, mental well-being, and personal growth.

"AI" refers to artificial intelligence, a branch of computer science that simulates human intelligence to perform tasks such as data analysis, problem-solving, and decision-making.

"Basic features" refer to the functionalities of Guided that are accessible to all users without the need for a premium plan, including limited meditation sessions, AI interaction, and customer support.

"Premium plan" refers to the upgraded subscription package offered by Guided, which grants users access to unlimited meditation sessions, unlimited AI interactions, early access to new features, and 24/7 customer support.

"Users" refer to individuals who utilize Guided's services, including both free and premium plan users.

"Services" refers to the meditation sessions and AI interactions provided by Guided to its users, subject to the terms and conditions outlined in this Agreement.

Scope of Services

Guided, herein referred to as the "Company", provides a service of personalized guided meditation sessions ("Services") through its mobile application. These Services are designed to cater to the unique needs of each user, with the aim of promoting mental well-being.

The Services include, but are not limited to, the provision of customizable meditation sessions ranging in length from three (3) to ten (10) minutes. The customization of these sessions is based on the individual needs and preferences of the user, as determined by the Company's use of artificial intelligence technology.

The Company's Services are intended to be used as a tool for personal growth and inner calm. They are not intended to replace professional medical or psychological treatment or advice. Users are advised to seek professional help if they are dealing with serious mental health issues.

The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, without prior notice, at its sole discretion. Any new features that augment or enhance the current Services shall also be subject to these Terms and Conditions.

The Company does not guarantee that the Services will meet the user's requirements or that the Services will be uninterrupted, timely, secure, or error-free. The Company does not warrant the results that may be obtained from the use of the Services or the accuracy or reliability of any information obtained through the Services.

The user acknowledges and agrees that the Company may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

The user agrees to use the Services at their own risk and assumes full responsibility for understanding the Services and their potential impacts. The user agrees to provide true, accurate, current, and complete information about themselves as prompted by the Service's registration form.

Price & Payment

Subscription Pricing and Terms: Guided offers two subscription plans for its users. The Monthly Subscription is priced at $9.99 per month, and the Yearly Subscription is priced at $59.99 per year, which allows users to save 50% compared to the monthly plan.

Payment and Renewal: The payment for the chosen subscription will be charged to the user's iTunes Account upon confirmation of the initial subscription purchase. Subscriptions will renew automatically unless turned off at least 24 hours before the current subscription period ends. The renewal cost will be charged to the user's account within 24 hours before the end of the current period. Users can manage their subscriptions and turn off auto-renewal by going to their Account Settings after purchase.

Free Trial Period: Guided offers a 7-day free trial period during which users can access all features and content. After the trial period, a subscription is required to create new meditations and content.

Referral Program: Users who sign up with a referral code will receive 30 free meditations. Additionally, users who refer a total of 500 new users will receive 180 free meditations.

Post-Subscription Access: Even after a user pauses or cancels their subscription, user-generated and AI-generated content created during the free trial or active subscription will remain available. Other features like Guided's simple timer, Sleepy Stories, and mindfulness bell notifications will also remain accessible.

All prices are inclusive of any applicable sales taxes and are subject to change at the discretion of Guided. Any changes will be communicated to the users in advance.

Guided is not responsible for any additional charges imposed by the user's bank or credit card company, including foreign transaction fees.

No refunds will be issued for unused portions of a subscription period.

By subscribing to Guided, the user agrees to these pricing terms and conditions.

Limitation Of Liability

Subscription Fee Liability: In the event of any damages or losses suffered by the user, the maximum liability of Guided shall be limited to an amount equivalent to the subscription fee paid by the user for the service. This limitation applies regardless of whether the claim arises from breach of contract, tort, negligence, or any other legal theory.

Free Trial Liability: During the free trial period, Guided's liability for any damages or losses suffered by the user shall be limited to the extent of the services provided during the trial. This limitation applies irrespective of the nature of the claim, whether it arises from breach of contract, tort, negligence, or any other legal theory.

Referral Program Liability: In case of damages or losses related to the referral program, Guided's liability shall be limited to the value of the free meditations provided under the program. This limitation applies regardless of the nature of the claim, whether it arises from breach of contract, tort, negligence, or any other legal theory.

General Limitation: Notwithstanding anything to the contrary in this agreement, in no event shall Guided be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from the use or inability to use the service.

Essential Purpose: The essential purpose of this clause is to limit the potential liability of Guided arising out of this agreement. The parties acknowledge that the limitations set forth in this section are integral to the amount of fees charged in connection to the license granted herein and that, were Guided to assume any further liability, such fees would of necessity be set substantially higher.

Governing Law

Jurisdiction: These Terms and Conditions for Guided, an AI-driven mobile app, shall be governed by and construed in accordance with the laws of the State of Florida, United States, without giving effect to any principles of conflicts of law. The parties agree that the Florida courts located in the United States shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

Federal Law: To the extent that any provision of these Terms and Conditions is deemed to be in violation of any applicable federal law of the United States, such provision shall be considered null and void, with all remaining provisions of the Terms and Conditions remaining in full force and effect.

State Law: These Terms and Conditions shall be interpreted and enforced under the state laws of Florida, United States. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of the State of Florida.

Compliance: The user agrees to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to your use of Guided's services. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Acceptable Use

Personal Use: The Guided application is strictly intended for personal use. Users are permitted to access the meditation sessions for the sole purpose of enhancing their mental well-being and personal growth. Any use of the application beyond these stated purposes is strictly prohibited.

Non-Commercial Use: The Guided application and its content are not to be used for commercial purposes. The sale, distribution, or reproduction of the application's content, without the explicit written consent of Guided, is strictly prohibited. Violation of this provision may result in immediate termination of the user's account and potential legal action.

Referral Program: Users are encouraged to participate in the Guided referral program to earn free meditation sessions. However, the use of spamming techniques or unethical methods to gain referrals is strictly prohibited. Users found to be in violation of this provision may have their accounts suspended or terminated, and may be disqualified from participating in the referral program.

Compliance with Laws: Users must comply with all applicable laws and regulations while using the Guided application. Any illegal use of the application will result in immediate termination of the user's account and may result in legal action.

Respect for Others: Users must respect the rights and privacy of others while using the Guided application. Harassment, bullying, or any form of disrespectful behavior will not be tolerated and may result in immediate termination of the user's account.

Reporting Violations: Users are encouraged to report any violations of these Acceptable Use terms to Guided. Guided reserves the right to investigate and take appropriate action in response to any reported violations.

User-Generated Content

Content Usage Post Subscription: Notwithstanding the termination or suspension of a user's subscription, whether voluntarily or involuntarily, Guided reserves the perpetual right to use, reproduce, distribute, and display any user-generated content and AI-generated content created during the free trial or active subscription period. This right extends to any content that was created, shared, or uploaded on the Guided platform by the user, or generated by the Guided AI in response to user interactions.

User Content License Grant: By using the Guided platform and creating, sharing, or uploading content, the user acknowledges and agrees that they retain ownership of their content. However, the user hereby grants Guided a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user-generated content in connection with the Guided platform and its successors' business, including without limitation for promoting and redistributing part or all of the Guided platform (and derivative works thereof) in any media formats and through any media channels.

AI-Generated Content: The user acknowledges and agrees that any content generated by the Guided AI in response to user interactions is the sole property of Guided. The user does not acquire any rights to such AI-generated content, except as expressly granted by Guided.

Content Responsibility: The user acknowledges and agrees that they are solely responsible for their content and the consequences of posting or publishing it on the Guided platform. Guided does not endorse any user-generated content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with user-generated content.

Content Removal: Guided reserves the right, but not the obligation, to monitor and review user-generated content and to remove any content that, in Guided's sole discretion, violates these Terms and Conditions, applicable laws, or may otherwise be objectionable or offensive.

Intellectual Property

User-Generated Content: All content created by users during the free trial or active subscription period, including but not limited to, comments, reviews, posts, images, and videos (collectively, "User Content"), is the exclusive property of Guided. By using the Guided services, users grant Guided an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly display, reformat, translate, excerpt, and distribute such User Content for any purpose, commercial, advertising, or otherwise.

AI-Generated Content: All content generated by Guided's AI technology during the free trial or active subscription period, including but not limited to, meditation sessions, advice, and recommendations (collectively, "AI Content"), is the exclusive property of Guided. Users acknowledge and agree that they have no proprietary interest in such AI Content.

Post-Subscription Content: Guided retains the intellectual property rights of all User Content and AI Content generated during the subscription period, even after a user pauses or cancels their subscription. Users understand and agree that Guided may continue to use such content for any purpose, commercial, advertising, or otherwise, without further notice or compensation to the user.

Infringement: Users agree not to infringe upon Guided's intellectual property rights, including but not limited to, copying, distributing, displaying, or creating derivative works from the User Content or AI Content without the express written consent of Guided.

Protection: Guided reserves the right to take legal action against any party that infringes upon its intellectual property rights, and users agree to cooperate fully with Guided in any legal action taken to protect its rights.

Confidentiality/Non-Disclosure

Data Encryption: Guided shall employ advanced encryption methods to secure user data, ensuring that it remains confidential and inaccessible to unauthorized parties. Guided shall ensure that these encryption methods are in compliance with the prevailing standards and regulations in the State of Florida and the United States.

User Consent Requirement: Guided shall not share, disclose, or distribute user data with third parties without obtaining consent from the user. Guided shall also provide users with the right to withdraw their consent at any time.

Data Retention Policy: Guided shall retain user data only for as long as necessary to fulfill the purposes for which it was collected or as required by law, but not exceeding a period of five years. After the retention period, Guided shall delete or anonymize the user data securely to prevent unauthorized access or disclosure.

Breach of Confidentiality: In the event of a breach or suspected breach of this confidentiality provision, Guided shall promptly notify the affected users and take all necessary steps to mitigate the impact of such breach.

The obligations of confidentiality under this section shall not apply to any information that: (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure; or (d) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality.

Legal Disclosures: Notwithstanding the above, Guided may disclose user data if required by law, court order, or any government or regulatory authority. However, Guided shall use reasonable efforts to notify the user before disclosing his or her data, unless prohibited by law.

Dispute Resolution

Internal Resolution: In the event of any dispute, controversy or claim arising out of or relating to the use of the Guided application, or the breach, termination or invalidity thereof, the parties shall first attempt to resolve such dispute through good faith negotiations for a period of thirty (30) days. The aim of these negotiations is to reach a mutually beneficial resolution.

Mediation: If the dispute cannot be resolved through internal resolution, the parties agree to engage in mediation, which shall be facilitated by a neutral third party. The mediation process shall be initiated by either party sending a written request to the other party. The parties shall equally share the costs of the mediation unless otherwise agreed upon.

Legal Action: If the dispute cannot be resolved through mediation, the parties agree that the dispute will be resolved by litigation in the courts of the State of Florida, United States. Each party consents to the jurisdiction of these courts and agrees that venue is proper in these courts in any such legal action or proceeding.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws principles.

Legal Fees: In the event of litigation relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs

Termination

Dissatisfaction with Services: A user may terminate their agreement with Guided at any time if they are not satisfied with the quality or effectiveness of the meditation sessions provided by the app. The user must delete the app, and termination will take effect immediately upon receipt of the notice by Guided.

No Longer Need the Service: A user may terminate their agreement with Guided at any time if they feel they no longer need the meditation services provided by the app. The user must delete the app, and termination will take effect immediately upon receipt of the notice by Guided.

Privacy Concerns: A user may terminate their agreement with Guided at any time if they have concerns about their privacy or the handling of their personal data by Guided. The user must contact the Guided support team, detailing their specific privacy concerns. Termination will take effect immediately upon receipt of the notice by Guided.

Termination by Guided: Guided reserves the right to terminate a user's agreement at any time, with or without cause. In such case, Guided will provide the user with an email notice of termination, and termination will take effect immediately upon receipt of the notice by the user.

Effect of Termination: Upon termination of the agreement, the user's right to use the services provided by Guided will cease immediately, and Guided will have no further obligation to provide any services to the user. Any provisions of the agreement that by their nature should survive termination will continue in full force and effect.

User Agreement

Intellectual Property Rights: The User acknowledges and agrees that all intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, in the Guided app and the technology used or supported by the app, are the exclusive property of Guided. The User shall not attempt to reverse engineer, modify, or create derivative works of the Guided app or any related technology. Any rights not expressly granted herein are reserved by Guided.

Appropriate Use: The User agrees not to misuse the Guided app or assist anyone else in doing so. Misuse includes, but is not limited to, using the app for illegal purposes, in a manner that could harm the app, impair its functionality, or interfere with any other person’s use of it. The User agrees to report any misuse of the app to Guided immediately upon becoming aware of such misuse.

Compliance with Laws: The User agrees to comply with all applicable local, state, national, and international laws, rules, and regulations in relation to their use of the Guided app and services. This includes, but is not limited to, data privacy laws, intellectual property laws, and anti-spam laws. The User represents and warrants that they will not engage in any activity that violates any law or regulation in connection with their use of the Guided app and services.

Force Majeure

Natural Disasters: In the event of a natural disaster such as hurricanes, floods, or earthquakes that disrupts Guided's operations and ability to provide its services, such events will be considered as Force Majeure. Guided will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

Government Actions: Any government action, including but not limited to shutdown orders, changes in law, or regulatory restrictions, that prevents Guided from operating normally will be considered as Force Majeure. Guided will not be held accountable for any disruption or cessation of services caused by such government actions.

Technological Failures: Major technological failures, such as server crashes, cyber attacks, or other significant disruptions to our digital infrastructure that impede Guided's ability to provide its services will be considered as Force Majeure. Guided will make reasonable efforts to restore the services as soon as possible, but will not be held liable for any damages or losses resulting from such technological failures.

Termination: If the Force Majeure event continues for a period of 30 days, either party may terminate this agreement without incurring any liability. This termination will not affect any rights or obligations incurred prior to the occurrence of the Force Majeure event.

Notice: In the event of a Force Majeure, Guided will provide notice to the users as soon as reasonably practicable, detailing the nature of the Force Majeure event and its potential impact on the services.

Mitigation: Guided will use all reasonable efforts to mitigate the effects of any Force Majeure event, including the implementation of disaster recovery procedures and alternative service delivery methods where feasible.

Entire Agreement

These Terms and Conditions constitute the sole and entire agreement between you and Guided with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver by Guided of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Guided to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Changes to these Terms and Conditions

Guided reserves the right, at its sole discretion, to modify or replace these Terms and Coniditions at any time without notice prior notice. 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, in whole or in part, please stop using the website, app, and/or the service.

Contact Information

For any questions, concerns, or inquiries related to these Terms and Conditions, users are encouraged to contact our customer support team via email. Our dedicated team can be reached at info@guidedapp.ai. We strive to respond to all email inquiries within a reasonable time frame, typically within 48 hours of receipt.

Our team is committed to addressing your concerns promptly and efficiently. Please note that all communications, whether via email or in-app support, may be retained for record-keeping purposes and to ensure we provide the best possible support to our users.

© 2024 Guided AI, Inc.