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Terms of Sale and Service

Last Updated: 19 February 2025

1. Introduction & Acceptance of Terms

These Terms of Sale and Service (the “Terms”) constitute a legally binding agreement between you (“Customer”, “you”) and Be. (“we”, “us”, “our”). By accessing or using our website, services, and/or making in‑app purchases, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

2. Definitions

• “Membership” or “Subscription” refers to the subscription-based service offered by Be. that provides access to digital content, courses, and other materials.

• “Services” means all products and services provided by Be., including in‑person courses, online materials, digital courses, and other related offerings.

• “In‑App Purchase” refers to any purchase made through a mobile application distributed via the Apple App Store or Google Play Store. Such transactions are subject to the billing, cancellation, and refund policies of the respective platform.

3. Be. Subscription Products (Be. Membership)

• Cancellation: You may cancel your Subscription at any time. To avoid being charged for the subsequent term, you must cancel your Subscription before it renews. Cancellation will become effective at the end of the then‑current Subscription period.

• Refunds & Rate Changes: Subscription memberships (including Annual Subscriptions) are not eligible for pro‑rated refunds. If you cancel your Membership, you will lose your current membership rate. Should the membership rate increase after cancellation, you will need to re‑sign up at the new rate.

• How to Cancel:

  • Online: Please visit our cancellation page at https://bemodernmeditation.newzenler.com/memberhelp/

  • Email: Alternatively, email us with the subject line “Cancel Subscription” at laura@bemodernmeditation.com at least three (3) business days prior to your next billing cycle.

4. Failed Payment Policy

• If you are enrolled in a payment plan and a payment fails, you will be notified via email both directly from us and through our payment processor.

• Please update your payment information within five (5) business days of a failed charge. If your payment defaults a second time, we reserve the right to revoke your access to our materials until the payment issue is resolved. Once your payment details are updated, please allow up to three (3) business days for your account to be adjusted and access to be restored.

5. Coupons

• Expiry: Coupons provided for use with eligible Be. products and services that have a stated expiry date (communicated via email or promotional page) expire at midnight GMT on that date unless otherwise stated.

• Combination and Retroactivity: Coupons and promotional offers cannot be combined or applied retroactively.

• Default Expiry: Any coupon provided without an explicit expiry date is valid for thirty (30) days from the date it is issued.

• All expiry dates and times are final; extensions cannot be granted.

6. Intellectual Property

• All materials provided as part of the Be. Membership, including physical books, downloadable materials, and digital courses, are protected by copyright owned or licensed by Be.

• You may not modify, copy, reproduce, post, transmit, distribute, publish, share, sell, or otherwise make available any content or materials provided as part of our services, except as expressly permitted herein.

• You are permitted to stream digital materials on your computer or download them to your phone/tablet via our apps (where available) solely for your personal, non‑commercial use, provided that the content remains intact, including all copyright notices.

7. Waiver of Liability and Disclaimer

• Assumption of Risk: You acknowledge that participation in yoga, breathwork, and related activities may involve physical exertion and inherent risks, including physical strain or injury. You agree to assume full responsibility for any risks, injuries, or damages, known or unknown, incurred as a result of your participation.

• Service “As Is”: Our services are provided on an “as is” basis without warranties of any kind, whether express or implied. We shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of our services.

8. Confidentiality

• In the course of providing or receiving our services, you may have access to confidential information (“Confidential Information”). This includes any information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

• You agree not to use or disclose any Confidential Information to any third party except as permitted by these Terms or as required by law. This obligation does not apply to information that is publicly available or that you are legally entitled to receive from a third party.

9. Data Protection and Use of Intellectual Property

• By using our services, you acknowledge that your personal data will be processed by and on behalf of Be. in accordance with our Privacy Policy.

• All rights, title, and interest in any intellectual property used in our services remain the sole property of Be. We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use our content solely for the purposes for which it is provided.

• You may not copy, reproduce, distribute, or otherwise make available any of the content or materials provided as part of our services without our prior written consent.

10. In‑App Purchases

• For any purchases made within our mobile applications via the Apple App Store or Google Play Store (“In‑App Purchases”), your transactions are subject to the billing, cancellation, and refund policies of the respective platform.

• You acknowledge that In‑App Purchase transactions are processed through the platform’s payment system, and any disputes or refund requests for these transactions must be handled directly with the relevant app store.

11. Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of the United Kingdom.

• Any disputes arising out of or in connection with these Terms shall be resolved through mediation or arbitration where appropriate. If necessary, disputes will be subject to the exclusive jurisdiction of the courts of the United Kingdom.

12. Modification of Terms

• We reserve the right to modify these Terms at any time. In the event of any changes, we will notify you via email or through in‑app notifications.

• Your continued use of our services after any modifications constitutes your acceptance of the updated Terms.

• It is your responsibility to review these Terms periodically for any updates.

13. Contact Information

If you have any questions or concerns about these Terms or your account, please contact us at:
Email: laura@bemodernmeditation.com

This revised version should better meet the requirements for your subscription-based services and in‑app purchases while ensuring clarity and consistency. If you need further adjustments or additional clauses, feel free to ask!