Terms of Service
Effective Date
September 26th, 2023 (recently revised)
These terms of use include a limited liability provision and an arbitration clause that limits your rights in a court of law. Please read these terms thoroughly and do not use Zendo if you do not agree with these terms. Your access to and use of Zendo is governed by this Agreement, and our Privacy Policy, whether or not you create an account with us or subscribe to Zendo. Please note that you may also be subject to third party terms and conditions (such as those for our payment processor or the AppStore) that are separate from and are not a part of this Agreement.
Zendo is not a medical device, and is not intended to diagnose, treat, cure, or prevent any disease. If you experience any anxiety, depression or other health issues while using the Zendo headband or app, please discontinue use and consult a physician.
Terms of Use
Bodhi Neurotech, Inc. (“Bodhi”) is a Charleston, SC company that makes wearable neuromodulation systems for meditation. This system, called (“Zendo”) has two parts: 1) a headband that uses weak electrical stimulation delivered to your forehead, and 2) a companion app called Zendo Meditation that can be downloaded from the Apple App Store and Google Play store. Zendo is currently available for sale at www.zendomeditation.com.
These terms of use describe your rights and responsibilities concerning your use of the Zendo. Materials, use of Zendo headband and/or services including the Zendo companion app and any support provided to you by Bodhi (collectively, the “Service”) and create a legally binding agreement between you and Bodhi.
Your use of the service establishes your agreement to the terms, conditions, and policies (“Terms of Use”) addressed within this document. If you do not agree with all of the Terms of Use, you are prohibited from using the service. Your use of Zendo and our Service is subject to these Terms of Use and Bodhi’s Privacy Policy. For purposes of these Terms of Use, the terms “we,” “us,” and “our,” refer to Bodhi. “You” refers to yourself as a user of our Service. “Zendo” refers to our system hardware and software application. “Service” refers to any materials, support, customer interactions, purchasing, and using the headband or app as user of Zendo.
If you are using Zendo or accessing the Service on behalf of an (“Entity”), such as another individual, a corporation, organization, meditation center, wellness center, sports team or any other organization, then you represent to us that you have the power and authority to bind such Entity to these Terms of Use.
Bodhi reserves the right to update and/or change this Agreement and any other Bodhi policies in conformity with relevant law at any time and from time to time with or without prior notice. Your continued use of the Service constitutes your acceptance of all then-current terms of use and conditions. If you do not agree with the terms of use and conditions in this Agreement, please discontinue all further access to or use of the Application.
Electronic Signatures
You agree to be bound by any affirmance, assent, or agreement you transmit to Bodhi using the Service, including but not limited to consent you give to receive communications from Bodhi solely through electronic transmission. You agree that by using Zendo or any Zendo Service, or when you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Service, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Eligibility to Use Zendo and the Service
You may only use Zendo and the Service offered and available to you if you:
a) Are 18 years of age or older.
b) Are capable of consenting to the Service
c) Do not have a skull defect or any implant in your skull
d) Do not have a seizure disorder
e) Do not have any medical device implanted in your body
f) Are not pregnant
g) Do not have a skin disorder currently affecting your forehead and temple areas of your face
h) Do not have current skin burns, cuts, wounds, or lesions on your forehead and temple areas of your face
i) Do not use the service while using mind-altering substances (alcohol, marijuana, or illicit substances)
By using the Service, you represent and warrant that you meet (a-i) criteria above to form a binding contract with Bodhi. If you do not meet all of these requirements, you must not use Zendo or any of the Service offered.
Using Zendo With 3rd Party Hardware, Software, or Services
The Service may only be used with a Zendo system made and distributed by or on behalf of Bodhi. You may not use the Service with any hardware, software, or service that is not manufactured, distributed, or sold by or on behalf of Bodhi (such as an alternative neuromodulation system, Zendo or Services purchased on unofficial 3rd party websites). Any violation of this provision will result in the forfeiture of these Terms of Use and may result in the immediate termination of your ability to access the Service.
The Service may provide links to other websites, apps or resources by third parties (“Third Party Sites”). These Third-Party Sites are provided for your convenience only and are not reviewed or controlled by Bodhi. Bodhi is not responsible for the information, advertising, products, resources or other material of any Third-Party Site. Bodhi is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of any content, goods, or services available on any Third-Party Sites.
Use License
Subject to your compliance with these Terms of Use, Bodhi grants you a personal license to use Zendo and the Service for personal, non-commercial use only. This license may not be transferred or assigned to other parties. This license is for using Zendo and the Service for personal meditation and not for any other use.
You agree that you will not:
a) Disassemble or copy Zendo or the Service;
b) Infringe on the copyright or use the Zendo trademark, logos, and images;
c) Alter your Zendo in anyway;
d) Use the Service for illegal or unethical purposes;
e) Use the service in or around water (pools, lakes, ocean, etc);
f) Use the service while operating a motor vehicle or machinery, even if doing so is legally permitted in your location;
g) Use Zendo or the Service in any way not expressly permitted by these Terms of Use.
User Generated and Submitted Content
Any content that is submitted to us through our website, social media, or Bodhi related interactions (“Services”) by users, or otherwise added, uploaded, distributed or posted to the Services, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses and comments (“User Content”), is the sole responsibility of the person who originated such User Content.
User Content also includes content provided by users through your social media account (e.g., Facebook, Instagram, Twitter, etc.) if such User Content mentions, tags or otherwise interacts with Bodhi, Zendo, the Service, or any of our affiliated products or services. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations.
User Content that you submit must not:
a) contain any content that infringes intellectual property or trade secret rights, data protection or privacy rights of an individual or Bodhi;
b) be defamatory or threatening;
c) impersonate any person or entity;
d) contain unauthorized advertising
By submitting User Content through the Services, you hereby grant us an unlimited, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services.
If you want your User Content removed from Bodhi marketing or promotional use, please provide a written notice with the description of the photo and its use to info@zendomeditation.com. Bodhi will respond within 60 days and follow-up with this request.
Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to the Services that you provide to us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto).
Security of Data Transmission and Storage
In connection with the Service, we have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. If you communicate with us via email, we may or may not retain your communications. You acknowledge that you provide your personal information at your own risk.
Trademarks and Copyrights
The Service is owned by Bodhi or its affiliates or agents, and is protected by United States state and federal trademark law, US copyright laws and international treaty provisions.
All Service content, including without limitation, all trademarks, service marks, trade names, logos, photographs, images, graphics, audio and video materials, texts and icons are the sole property of Bodhi or licensed to Bodhi for use with the Service in accordance with these terms and conditions. Nothing contained in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Application without the prior written permission of Bodhi, which permission is in the sole discretion of Bodhi. You will not develop any rights in any Bodhi trademark through use or otherwise, all of which rights, together with the goodwill inherent in such marks, are reserved to Bodhi and/or the owner of such trademark.
All materials of any nature in every media on the Application are the copyrighted works of Bodhi or the copyrighted materials of third parties licensed to Bodhi solely for use in and in connection with the Application in compliance with these terms and conditions. Other than in strict compliance with these terms and conditions, use, display, reproduction, creation of derivative works, performance, resale of the service, uploading or posting of the Service and/or any other use of the content in the Service is strictly prohibited. The Service is strictly for your own personal use. No commercial use is permitted.
Any unauthorized use of the Service may violate copyright laws, trademark laws, laws of privacy and publicity, and/or other regulations and statutes.
All rights in the Service not expressly granted to you under this Agreement are reserved to Bodhi.
Notices
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Electronic notices should be sent to info@zendomeditation.com.
Force Majeure and Act of God
We shall not be liable for any failure to perform our obligations where such failure is a result from any cause beyond our reasonable control, including but not limited to: mechanical, electronic, environmental, health, government, communications failure, degradation, global health crisis, or act of God.
Termination
Bodhi reserves the right to terminate these Terms of Use, and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of the Service, at any time, effective immediately with notice, in the event of any conduct by you which Bodhi, in its sole discretion, considers to be unacceptable or a violation of these Terms of Use. If Bodhi terminates or restricts your use and access of the Service, then you must immediately stop using all portions of the Service. All sections which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect notwithstanding the expiration or termination of these Terms of Use.
Disclaimer of Warranties
YOUR USE OF EITHER THE ZENDO HEADBAND AND APPLICATION (“SERVICE”) IS ENTIRELY AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED BY ZENDO AND ACCEPTED BY YOU ON AN “AS-IS,” “WHERE-IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
ZENDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZENDO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVOCE WILL BE ACCURATE OR RELIABLE AS DESCRIBED OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZENDO, OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY REGARDING THE SERVICE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Some jurisdictions do not permit disclaimers of certain warranties, so some of these provisions may not apply to you.
Indemnification
You will indemnify and defend Zendo and its providers and licensors (and our and their respective employees, managers, shareholders, members, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity (including you) that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these terms and conditions, including without limitation any violation of our policies; (b) your wrongful or improper use of the Service (including application and headband device); (c) any of your transactions with us (including without limitation the accuracy of any payment information that you provide or any claim or dispute arising out of the Application purchased by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity right or intellectual property right; (e) your violation of any law, rule or regulation of the United States or any other country; and (f) any other party’s access and/or use of the application with your devices and/or your unique username, password or other appropriate security code; (g) your access to or use of Zendo or the Service, (h) any act of fraud or dishonesty by you in connection with your use of Zendo or the Service, (i) any damage and/or any of the other medical conditions arising from or relating to the use of the Service by you (including any resulting from your failure to comply with Terms of Use) or (j) any breach by you of these Terms of Use or any applicable laws or any unauthorized use of the Service.
Limitation of Liability
In consideration for our agreement to allow your use of Zendo or the Service, you and/or your family, heirs, personal representatives, assignees and insurers, hereby now and forever releases, waives, discharges, and covenants not to hold Bodhi liable and/or its past and present partners, limited partners, owners, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners and employees of any owners or entity owners), employees, agents, attorneys, directors, officers, shareholders, contractors, successors, assigns, subsidiaries, affiliates and insurers (collectively "Released Parties"), from of and for any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description, known, unknown, discovered, undiscovered, suspected or unsuspected (collectively "Claims") including, but not limited to any and all Claims arising out of or in any way related to Zendo or the Service, the alleged negligence of any of the Released Parties, or any personal injury, accident, illness (including death) or property loss.
You also agree that at all times you will defend, hold harmless, and indemnify all of the Released Parties from and against any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions, causes of action and liabilities of any kind or nature whatsoever (including reasonable attorneys' fees and disbursements) arising out of, in any way related to, or in any way connected with the you use of Zendo or the Service, the alleged negligence of any of the Released Parties, or any personal injury, accident, illness (including death) or property loss.
Disputes
1) Informal Negotiation
You agree that for any disputes arising from your use of Zendo or the Service, you will first attempt to informally negotiate with Bodhi for at least sixty (60) days before initiating any arbitration or court proceeding. This negotiation will begin with a written notice of dispute, and Bodhi will confirm receipt of dispute notice to the email provided.
You will send your notice to info@zendomeditation.com with the subject “Dispute Notice.”
2) Arbitration
THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT. IF THE SOUTH CAROLINA UNIFORM ARBITRATION ACT IS DEEMED NOT TO APPLY, SUCH ARBITRATION SHALL BE CONDUCTED PURSUANT TO THE FEDERAL ARBITRATION ACT.
You agree that all disputes between you and us, or any of our officers, directors or employees acting in their capacity as such (whether or not dispute involves a third party) with your regard to your relationship with us, including without limitation disputes related to these Terms of Use, Terms of Sale, your use of the Service, or Zendo, and/or rights of privacy/publicity, will be resolved by binding individual arbitration. This arbitration clause is a waiver of your right to sue Bodhi at all (jury trial or otherwise).
You agree to submit any dispute, controversy, difference or claim arising out of, relating to, or in connection with this Agreement or any breach thereof (a “Claim”) to binding arbitration as provided in the South Carolina Uniform Arbitration Act, Title 15, Chapter 48 of the Code of Laws of South Carolina (or if the South Carolina Uniform Arbitration Act is deemed not to apply, the Federal Arbitration Act) (“Arbitration”). In the event the parties submit a dispute to Arbitration, it shall be undertaken in Charleston, South Carolina. The party requesting Arbitration shall give a written demand for Arbitration to the other party by registered or certified mail. The demand shall set forth a statement of the nature of the dispute, the amount involved and the remedies sought. No later than thirty (30) calendar days after the demand for Arbitration is served, the parties shall jointly select and appoint an arbitrator. If the parties do not agree on the selection of an arbitrator, each party shall select one (1) arbitrator by written notice to the other party no later than thirty-five (35) calendar days after the demand for Arbitration is served and the two (2) so selected shall select a third arbitrator, who shall serve as the arbitrator, no later than forty-five (45) calendar days after the demand for Arbitration is served. Such arbitrator shall be knowledgeable in the areas of law governing this Agreement. The failure of a party to select an arbitrator, or the failure of an arbitrator to provide a selection of a third arbitrator, within the times provided herein, shall eliminate the selection of an arbitrator by such party, and the arbitrator shall be the arbitrator selected by the other party in a timely manner. Any arbitration awards shall include (i) a provision that the prevailing party in such Arbitration shall recover its costs of the Arbitration and reasonable attorneys' fees from the other party, and (ii) the amount of such costs and fees. The parties agree that the arbitrators shall have no power or authority to make any award that provides for punitive or exemplary damages. The arbitrators’ decision shall be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction.
3) Class Action Waiver
Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
Governing Law and Jurisdiction
Subject to the Disputes section above, these Terms of Use and Terms of Sale shall be governed by and construed in accordance with the laws of the State of South Carolina, including its conflicts of law rules, and the laws of the United States of America. Subject to the Disputes section above, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Charleston, South Carolina.
Severability and Waiver
These Terms of Use and Terms of Sale are the entire agreement between you and us with respect to Zendo and the Service. If any provision of the Terms of Use and Terms of Sale is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Email and Mobile Messaging
We occasionally will send emails or mobile messages concerning the Service. If you do not wish to receive these, you may opt out at any time, provided that if you do you may miss important information concerning access to the site and/or your subscription. Please follow the opt-out instructions in any email or mobile message to opt-out.
Miscellaneous
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
This Agreement constitutes the entire agreement between you and Zendo concerning the Application, and governs your use of the Service, superseding any prior agreements between you and Zendo regarding the Service. If any provision of this Agreement is determined to be invalid under law, such invalidity will not affect any other provision or provisions of this Agreement, which will otherwise be valid. The failure of Zendo to enforce any provision in this Agreement will not constitute a waiver of that provision or any other provision.
Our goal is always to provide you with complete, accurate and up-to-date information about Zendo. Unfortunately, it is not possible to ensure that any Application will operate free of human or technological errors. The Service and information we provide to third party retail sites on which you purchase the Service may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability. Some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
You acknowledge and agree that Apple and Google, and their subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary.
Headings and captions are for convenience only and shall not be considered included for purposes of interpretation. The term “including” will mean “including, without limitation.” Whenever used in this Agreement, the singular will include the plural, the plural will include the singular, and the use of any gender reference is applicable to all genders.
You acknowledge that US and other countries have laws and regulations related to export of applications. You agree that you will not export the Application in any form or to any recipient inside or outside the US in violation of US and/or foreign laws and regulations.
What Personal Information We Collect
Personal data including, for example, your name, e-mail address, password, data about your usage of the Products, and data collected by tracking technologies.
Zendo does not collect or process credit or debit card (“Payment Card”) data. Apple and Google collect Payment Card data with respect to in-app purchases made through the Apps, and our payment processor collects Payment Card data with respect to purchases made through www.zendomeditation.com. Such payment processors generally provide us with some limited data related to you, such as a unique, anonymous token that enables you to make additional purchases using the data they’ve stored, and your card’s type, expiration date, billing address, and the last four digits of your card number.
Device information such as operating system version, device type, and system performance data.
Device identifiers such as the Android Advertising ID or the Android Device ID. We use these identifiers in order to track how users that come from different advertisements behave in the app.
When you use the Application, we track your activity including your session time(s) and time spent in meditation while using the Application, as well as what chapters and sessions you are completing. We do not disclose this information to any third parties. It is used internally for our purposes to improve the Application and to assist you with use of the Zendo Application (in case you forget your password, for instance). There may also be additional Application services or benefits offered from time to time on the Application that may be communicated to you that will be offered based on the information concerning your use of the Application.
Use of the Application and Becoming a Member
You have to register in order to access the Service. When you create an account, you agree to provide us with accurate information and keep this information current. Otherwise, some services may not be available to you and we may not be able to assist you if you forget a password or user information, and we may not be able to contact you with updates, important notices or other information.
Apple HealthKit
Apple users may opt-in to allow Zendo to provide data regarding the amount of minutes meditated to the Apple iOS “Health” application for display. This data will not be shared with any third parties or used for marketing or advertising purposes.
Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask Zendo for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. We currently do not share any personal customer information with any third party, including any affiliate, for any marketing purposes, only with our payment processor for payment purposes. Should we later do so, we will update this Privacy Policy and provide you with an address to which you can direct a request for the notice.
Cookies
Zendo collects cookies, a small data file stored by your web browser to permit us to recognize your computer. We work with third parties such as Facebook and Google to run advertisements and may use technologies such as cookies to gather information about your past activities for the purpose of retargeting ads.
Other third parties, such as the AppStore or our third party payment processing solution, may collect cookies with respect to any transaction with us. You will be aware that you are not on the Application for payment purposes, so please review any third party privacy information carefully. We are not responsible for third party collection of cookies or other of your personal information.
Servers
All of our servers are located in the US. However, third party providers, such as the AppStore and payment processors, may use servers located outside the US.
Links
Currently, we are not linking to other sites other than payment processors. However, should we do so, their privacy policies may differ from ours, and you should check their policies before viewing any third party site accessed from our Application. We have no control over, and no responsibility for, any third party site policies. There are risks in using any information, software, or products found on the Internet, and Zendo cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
NOTICE TO RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM
This notice is intended to provide you with information about how Bodhi NeuroTech, Inc, a Corporation organized under the laws of the state of South Carolina (the “Company”) collects, uses, and distributes information that we collect from you. Nothing in this notice should be construed as amending, modifying, replacing, or otherwise affecting the terms and conditions of any transactions between you and the Company, except that to the extent any such terms and conditions are inconsistent with the General Data Protection Regulations of the European Union and the equivalent rules of the United Kingdom and any other applicable jurisdiction (altogether, the “GDPR”) those terms and conditions are VOID.
The Company collects certain information from and about you. This notice will explain what this information is, how it is used, what third parties receive it, and how you may instruct the Company not to collect, retain, or use certain of that information, and how to instruct us to delete this information from the Company’s own records. Please see below for: What Personal Information We Collect From You, What Non-Personal Information We Collect About You, a List of Third Parties Who Receive Information You Provide Us With Their Contact Information, and Instructions For Exercising Your Right To Instruct Us To Forget Your Information.
What Personal Information We Collect from You
Any information that you enter into any text field on any webpage on the domain https://www.zendomeditation.com (the “Website”) will be collected by the Company for internal use except where noted otherwise in this notice. Any information that you enter into any text field on the Zendo app (the “App”) will be collected by the Company for the same uses.
Information that you enter into the Website or the App at the point of account creation will be used to create a customer profile for you, except for your password. This will include any information that you provide when creating your account, including an email address and other contact information, your name, your username, and address information. The Company maintains records of its customer profiles to facilitate checkout, enable for quick or automatic logins by customers, for purposes of counting the number of its customer profiles, and so that the Website and the Company or the App can remember this information for future orders and visits to the website. You may change this information through your account settings at any time.
If you delete your account, the company may retain certain of this information for future use, including for counting the number of customer accounts that have been deactivated, unless you instruct us otherwise.
The Company uses an in-house CRM database hosted on Amazon Web Services (the “CRM”) so that its internal staff can rapidly communicate purchase information to other internal Company personnel, for example a developer forwarding your account email address to a fulfillment specialist in order to complete an in-App purchase. The CRM does not receive a copy of your customer profile except insofar as the CRM’s software is used by the Company to manage and rapidly access customer profiles.
The CRM is a third party for purposes of the GDPR.
Password
The password that you create for your account is not known to the Company or anyone else. The Website uses a digital security tool called Amazon Web Services Cognito (the “Security Service”) which provides a system for recognizing, rejecting, and remembering your password. Your password is not stored by the Company. This Security Service does not receive any of your information other than your password in an encrypted form, and the email address you provided at the point of account creation or to which you have changed your account settings. You may change your password or this email address through your account settings at any time.
If you delete your account, your password will be lost. The Company cannot provide you with your password, though the Security Service provides tools for changing and retrieving your password.
The Security Service is a third party for purposes of the GDPR.
Payment
Your payment information is collected by the Website in an encrypted form and is passed on to the Company’s merchant services providers, Shopify, Stripe, Apple, and Google (the “Merchant Services Provider”), for purposes of securing payment between yourself and the Company. The Merchant Services Provider only receives information necessary to verify that any payments between yourself and the Company are authorized. The Merchant Services Provider will use encrypted tools to communicate with your bank, your credit card provider, PayPal, or whatever other account you use to pay for orders to the Company. Your credit card information or other payment information is not retained by the Company except as provided below. The Company does not maintain records of your credit card number or other payment information per se, except that if your billing address is the same as your shipping address and you instruct the Website or the App to enter the same billing address as your payment address, the Website or the App will use your stored shipping address as your billing address.
The Merchant Services Provider may receive requests from your bank, credit card provider, PayPal, or other payment provider in order to verify your transactions. The Merchant Services Provider may therefore periodically ask the Company to confirm certain of your order information, which the Company will provide if the Company believes that an order has been placed by you.
The Merchant Services Provider is a third party for purposes of the GDPR.
Cookies
The Company uses “cookies.” Cookies are small files that are you communicated to your web browser so that the Website can remember the selections and inputs you have made from one webpage to another within the Website or the App. For example, if you select products for an order and then proceed to checkout, the Website will use a cookie to ensure that information from catalog webpages is accurately received by the checkout webpage. If you do not wish to receive cookies from the Website, please contact us at the information below and discontinue using the Website and the App.
Cookies are provided by GoDaddy and Amazon Web Services, our web hosts (the “Web Host”). The Web Host is a third party for purposes of the GDPR.
What Non-Personal Information We Collect About You
The Company collects certain non-personal information about you. By “non-personal information,” we mean information about you that cannot be used, and is not stored, in a way that can identify you.
The Website or the App will collect information about your location based on your IP address. An IP address is a non-static identifier that allows the Company to know, in general terms, where its users are located. An IP address is not the same as a physical address, and is not the same as either your shipping address or your billing address.
The Company uses your IP address for internal purposes such as knowing which countries provide certain percentages of its users. The Company does not distribute your IP address to any other person. The Company does not verify your IP address or connect it to your shipping or billing address for purposes of checkout. Your IP is not and cannot be used by the Company to identify you personally. The Web Host will also know your IP address for purposes of logging visits to the Website or the App from your IP address and for preventing distributed denial-of-service attacks, which are disruptive attacks on websites caused by very large numbers (hundreds of thousands or more) of near-simultaneous visits to the Website or the App.
The Company collects information such as the number of users visiting the website at any given time, the times during which visitors visit the Website or the App, the length of time that users use the website, which pages they visit, which products they order, and what other actions they take while on the website. This information is collected by the Website or the App and is provided in an anonymized form to the Company’s data analytics providers, which are Google Analytics, Facebook Analytics, and Amplitude (the “Data Analytics Provider”). This information is used by the Company to track the engagement, general geographic origin, and headcount of its users. This information is combined together to provide general demographic information on the Website or the App’s users. This information is not and cannot be used to identify you specifically.
The Data Analytics Provider is a third party for purposes of the GDPR.
List of Third Parties Who Receive Information You Provide Us With Their Contact Information
The Contact Information for the Security Service is:
Amazon Web Services
https://aws.amazon.com/contact-us/
The Contact Information for the Merchant Services Provider is: Stripe
https://support.stripe.com privacy@stripe.com
Apple
https://support.apple.com/contact
https://support.google.com/googleplay/answer/7100415?hl=en
The Contact Information for the Web Host is: Namecheap (www.namecheap.com)
Amazon Web Services
https://aws.amazon.com/contact-us/
The Contact Information for the Data Analytics Provider is: Google Cloud https://cloud.google.com/contact/
Amplitude https://amplitude.com/contact
Facebook https://www.facebook.com/help
Instructions For Exercising Your Right To Instruct Us To Forget Your Information
The GDPR provides a generalized “right to be forgotten,” meaning that you have the right to instruct us to delete any and all information that the Company, the Website or the App, or any of the third parties collects about you. Please contact us by email at info@zendomeditation.com in order to instruct us to forget any or all of the information that the Company, the Website or the App, or any of the third parties collects about you.
Terms of Sale
You may place an order for Zendo and the Service (Terms of Sale) at any time on our website (www.zendomeditation.com) or officially licensed 3rd party retailers (online and in person). An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms of Service (above), at the price and on the terms stated when you sign up or place your order.
Your order will not be considered accepted until we have received payment of the purchase price of your order. The title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order.
All orders for products on our website are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed or used for any other commercial purpose. The rights you have under these Terms of Sale are personal to you and are non-transferable.
Billing
We use a third-party Payment Processor to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Sale and Service.
Subscriptions
If you have purchased a Zendo Subscription, you are either receiving digital content or physical product on a recurring, paid basis. If your subscription is terminated for any reason, Bodhi reserves the right to lock content available at the time of termination. If you are terminated by Bodhi for cause, as determined by Bodhi in its sole discretion, in addition to all other rights and remedies available to Bodhi, Bodhi reserves the right to lock you out of all content and terminate your access to the Service and/or any other Bodhi products or services without prior notice or refund of any fees or charges.
Promo Codes
Promo codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Promo codes are non-transferable. Bodhi reserves the right to change or limit promo codes in its sole discretion.
Shipping
Shipment of products ordered from our website are dependent on the shipping selection made by the purchaser at the time of checkout. Bodhi will do it’s best to get products to you in the amount of time specified on checkout, however we cannot guarantee all products will arrive by the date specified at checkout. Bodhi is not responsible for shipping delays or any delivery issues related with the shipping provider.
Returns
All returns are subject to the rules set forth in our support page (www.zendomeditation.com/support). Please go to that website to determine return eligibility and process. Bodhi reserves the right to charge a restocking fee and may require you to pay return shipping for all returns that are not warranty-related.
Refund
Please note that we cannot offer refunds, exchanges or customer service for products that have been acquired from an unauthorized reseller.
Warranty
Bodhi provides a 6 month (180 day) warranty from the date of purchase on all Zendo hardware purchased from the Bodhi website or authorized reseller. Please go to www.zendomeditation.com/support for more information regarding warranty claims.
Changes to Terms of Use and Terms of Sale
Bodhi may revise and update these Terms of Use and Terms of Sale at any time in our sole discretion. Bodhi will publish such revisions and updates from time to time by posting the revised policy on the Service and updating the “effective as of” date at the top of this page. If the changes are material, we will include “recently updated” next to the link to this policy on the Service for 30 days after the date of the change. If you do not agree to the changes, then you must immediately stop using the Service.
Effective Date
September 26, 2023