Terms of Use

‍

Please read these Terms of Use (hereinafter referred to as “Terms of Use” or "Terms and Conditions"), the Medical Disclaimer ("Medical Disclaimer) and our Privacy Policy ("Privacy Policy") before using Lungy (hereinafter referred to as "App" or "Mobile Application"). Your access to Lungy is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions  apply to all visitors, users and others who access or use this App. By using this App, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you should not and may not access or use this App.

‍

  1. GENERAL
  1. Thank you for using Lungy. Lungy is a unique app which uses your smartphone to recognise your breathing and is intended to make breathing exercises more engaging and fun for sleep, sports and relaxation. This App and all the services offered on this App or website is solely owned by Pi-A. To know more about Lungy, please check out the "About" section of our website.
  2. Please note that these Terms and Conditions  contain a dispute resolution clause. Except where expressly mentioned, you agree that disputes relating to these Terms and Conditions  or your use of the App will be governed by this dispute resolution clause. You waive your right to participate in litigation or class-action lawsuit or class-wide arbitration.  
  1. By accepting this Agreement, you affirm that you are 18 years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are below 18 years of age, you can use this App only with the consent of your parents or legal guardian (s).

‍

  1. By agreeing to these Terms and Conditions, you agree to the processing and storage of your personal information in accordance with our Privacy policy. In the event of any inconsistency between these Terms and Conditions  and the Privacy Policy, the privacy policy shall prevail.

‍

  1. APPLICABLE TERMS
  1. Your use of Lungy is subject to these Terms and Conditions, Lungy's Privacy Policy, Lungy's Disclaimer, and any applicable laws and regulations.  
  2. These Terms and Conditions constitute the whole agreement between us for the purposes of accessing Lungy. At certain places, you may be asked to agree to additional Terms and Conditions. Those additional Terms and Conditions  are hereby incorporated into these Terms and Conditions. Where those terms are inconsistent with these Terms and Conditions, the additional terms shall control.

‍

  1. REGISTRATION AND SUBSCRIPTIONS
  1. You may sign up as a registered user of Lungy and subscribe to the monthly plan either by paying on a month-by-month basis or at a discount on a yearly basis.  
  2. To become a registered user of Lungy, you may be required to submit personal information such as your first name, last name, gender, date of birth, and email address. We handle and use your personal information in accordance with our Privacy Policy. We encourage you to read our Privacy Policy carefully.
  3. All data will be stored locally on your device with encryption. You are solely responsible for maintaining security of your device by setting a passcode. We will not be held responsible if someone hacks into your account or steals your personal information. You may not be registered for more than one account.
  4. Lungy's accounts are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance.
  5. By registering as a user of Lungy, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) You are in sound health and have the necessary medical clearance for using Lungy; (iii) Your use of Lungy does not violate any rules, laws or regulations. (iii) All information submitted by you at the time of registration is truthful and accurate; (iv) You will maintain the accuracy of such information.

‍

  1. PAYMENTS
  1. If you opt for a paid subscription plan,  you authorize us to charge your credit card, debit card, or any other payment method opted by you, this will take place via the Apple App Store.  
  2. Once you opt for a paid subscription plan, you can cancel your account anytime but we will not be issuing any refunds.
  3. We reserve the right to change our subscription plans or adjust pricing for Lungy at any time and in any manner. Except as otherwise expressly provided for in these Terms and Conditions, any price changes or changes to your subscription plan will take effect following notice to you.
  4. A subscription purchase will be applied to your iTunes account at the end of the trial period. Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription. For life-time access the purchase will be associated with a iTunes account indefinitely; life-time access is not transferrable or redeemable.

‍

  1. PROHIBITIONS AND RESTRICTIONS

Your use of the App is contingent upon the following:

  1. You agree to use Lungy in such a way that it does not interrupt, interfere, harm, damage, destroy or limit the functionality of Lungy. For example, refrain from using Lungy while driving or when inside water.
  2. You agree to adhere to social distancing norms while using Lungy.
  3. You agree to clean your mobile phone between users in order to minimize the chance of infectious diseases via droplets.  
  4. You agree not to access Lungy in an unauthorized manner.
  5. You agree not to impersonate any person while using Lungy and conduct yourself in an offensive manner.
  6. You agree not to use Lungy if you have any existing medical or health condition without consulting your doctor. We will not be held responsible for any unintended consequence arising due to your use of Lungy.  

‍

  1. INTELLECTUAL PROPERTY RIGHTS  
  1. All content (including the software, music, graphics, and other content) contained in Lungy is owned by Pi-A or our affiliates and/or third party licensors.
  2. The audio and video content available on Lungy is solely for your personal use. You are prohibited from using this audio and video content for commercial purposes and without written authorization. You may write to us at hello@lungy.app to seek consent for using the audio or video materials of the App.
  3. You agree not to download, copy, republish or transmit any audio or video content without our prior written authorization.
  4. Lungy includes unique generative audio and video content each time the user makes use of the App. Users are not allowed to use this audiovisual content for any commercial purposes though users may share this content on their personal social media account provided they attribute us.  
  5. You undertake not to do anything on Lungy which infringes upon someone else’s copyright, trademarks, trade secrets, and proprietary information without their written authorization. We reserve the right to remove any infringing material posted by you if we are notified of any infringement by the intellectual property owner or their legal agent or representative.
  6. Lungy ®, the Lungy logo, and all Lungy's product or service marks are trademarks of Pi-A. All intellectual property, trademarks, logos, images, audio or video files displayed or referred to in Lungy belong to Pi-A. You are prohibited from using, altering, removing or copying any logo, brand, service mark, or trademark belonging either to Lungy or to Pi-A.  

‍

  1. CANCELLATION, SUSPENSION AND TERMINATION  
  1. You may cancel your subscription plan at any time though we will not be processing any refunds.
  2. We may suspend or terminate your use of Lungy as a result of fraud or breach of these Terms and Conditions . Such termination or suspension may be immediate and without notice. If you want to appeal such suspension or termination, you can write to us at: hello@lungy.app.

‍

  1. LINKS TO OTHER MOBILE APPLICATIONS AND WEBSITES
  1. We may provide links to other mobile applications, websites or services for you to access. You agree that you will access these mobile applications, websites, or services at your sole discretion and purely for informational purposes. Neither do we review nor do we endorse those applications, websites or services. We will not be held liable for any breach occurring due to your access to those applications, websites or services including but not limited to: (i) privacy breach (ii) copyright infringement (iii) the quality of content, products advertising, goods or other materials available on those applications, websites or services.  
  2. We will also not be held responsible if there is any damage, loss, or offense caused or alleged to be caused due your access to these third-party website, mobile applications, or services.
  3. You must not create a link to Lungy in such a way as to suggest any form of association, approval or endorsement on our part as none exists. We have the sole authority to consent to any third-party linking to Lungy. If you wish to establish a link to Lungy or enter into a commercial partnership with us, please send us an email at : hello@lungy.app.
  4. If we discover that you have linked your mobile application, website, or service to Lungy without taking our written authorization, we reserve the right to terminate your account and withdraw your access to the linking functionality.
  5. We may remove commercial advertisements, affiliate links, and other forms of solicitation without notice and may terminate your account.

‍

  1. END USER LICENSE
  1. We grant you a limited, non-exclusive, revocable license to stream and share the content available on Lungy only for your personal use and for non-commercial purposes.
  2. The content available on Lungy should only be used in accordance with these Terms and Conditions, our Privacy Policy, and the Disclaimer.
  3. You agree that you will not make Lungy available to the public without our written authorization.

‍

  1. GUARANTEE ON AVAILABILITY
  1. Our ability to provide Lungy to you depends upon several factors including but not limited to technical reasons, rights clearance, medical clearance, business reasons, and others.  Therefore, we do not guarantee that Lungy will be available at all times or till perpetuity.  
  2. Your access to the App may be occasionally restricted to allow for updates, maintenance or the introduction of new features or services.  We will restore the services available on Lungy as soon as is reasonably possible.
  3. Some functionality may be dependent on the hardware and / or software of the device and certain functionality may require minimum hardware specifications or be restricted by operating system.

‍

11. MEDICAL DISCLAIMER

  1. It is clarified that Lungy is not a medical or diagnostic device and any data collected and analysed by Lungy depends on the user and is subject to significant variation as per the user. Neither Lungy nor any of its directors, employees, officers, independent contractors, and other officials will be held liable for any misinterpretation or misunderstanding arising out of your reliance on the data presented by Lungy.
  2. There have been rare reports that people with certain mental health conditions such as anxiety and depression have experienced worsening health conditions after engaging in intensive breathing exercises. As such, you are requested to consult your doctor or medical provider before using Lungy. We will not be held liable for any injuries or ill-health suffered as a consequence of using Lungy. Please read the Disclaimer carefully for all disclosures and medical related advice.      

‍

  1. LIMITATION OF LIABILITY
  1. Under no circumstance shall Pi-A, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of Lungy, whether such liability is under contract, tort or otherwise.
  2. Under no circumstance shall Pi-A including its officers, directors and employees be liable for any indirect, consequential or special liability arising out of or in any way related to your use of Lungy.

‍

  1. ASSIGNMENT
  1. We may transfer our rights and obligations under these Terms and Conditions  to any company, firm or person at any time provided it does not materially affect your rights under it.
  2. You may not transfer your rights or obligations under these Terms and Conditions  to anyone else as they are personal to you.

‍

  1. INDEMNIFICATION

You agree to indemnify Pi-A to the fullest extent possible from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions .

‍

  1. SEVERABILITY

If any provision of these Terms and Conditions  is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions  unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

‍

  1. VARIATION OF TERMS

We may reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to keep yourself updated about recent changes.  

‍

  1. WAIVER

If there is a delay on our part in exercising our rights under these Terms and Conditions, such delay will not constitute a waiver of that right or any other rights under these Terms and Conditions.  

‍

  1. DISPUTE RESOLUTION

Please read these paragraphs carefully as they require you to resolve any disputes in good faith with Pi-A. It also limits your ability to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.

  1. If you have any question, complaint or concern (s) regarding these Terms and Conditions  or about this App, you can contact us at : hello@lungy.app.
  2. In the event of any dispute or claim arising out of or relating to the use of your personal information, you will attempt in good faith to negotiate a written resolution of the matter directly between the parties. If the matter remains unresolved for sixty days after notification (via email, certified mail or personal delivery) that a dispute exists, the parties will attempt to resolve the matter via mediation. The parties shall mutually agree to appoint a mediator.
  3. The mediator will have the exclusive authority to determine the rights and liabilities of both the parties to the mediation. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The award of the mediator is final and binding upon both the parties.
  4. Except as required by law, you and Pi-A waive any constitutional or statutory rights to go to court and have a trial in front of a judge or jury. Rather, you and Pi-A agree to resolve any disputes by mediation.  
  5. Pi-A and you waive your rights to a jury trial unless required by law.  
  6. You agree to bring any claims against Pi-A only in your individual capacity and not as a plaintiff or class member in any purported class or consolidated action  

‍

  1. ENTIRE AGREEMENT

These Terms and Conditions including any legal notices and disclaimers, constitute the entire agreement between us in relation to your use of Lungy, and supersedes all prior agreements and understandings with respect to the same.

‍

  1. CHOICE OF LAW  
  1. These Terms and Conditions  are governed by the laws of the United Kingdom.
  2. These Terms and Conditions  shall take into account conflict-of-laws principles.

‍

  1. NOTICES & COMMUNICATION
  1. These Terms and Conditions  are subject to change at any time without notice. Please review these Terms and Conditions  periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy.
  2. These Terms and Conditions  are effective from 01/08/2022. If you have any questions related to these Terms and Conditions  or about Lungy, please contact us at: hello@lungy.app.

‍

These Terms are effective and were last updated on 01/08/2022.

‍

Lungy (developed by Pi-A) is based out of London, United Kingdom.

‍