Terms of Use

1. The Service is not medical or mental health care

Universe Within is a self-awareness and wellness practice. It is not therapy, medical care, diagnosis, treatment, or crisis support, and it does not create a clinical relationship between you and us. Nothing in the Service is a substitute for advice from a qualified health professional.

The Service is not an emergency service. If you are in crisis or believe you may be in danger, contact your local emergency number or a crisis line immediately. In the United States you can call or text 988 to reach the Suicide & Crisis Lifeline.

Any observations, summaries, or patterns the Service produces are descriptive reflections of what you have recorded. They are not clinical findings and must not be relied on as such. Decisions about your health are yours to make, ideally with a professional who knows you.

2. Eligibility and your account

You must be at least 13 years old to use the Service, and old enough to form a binding contract where you live. If you are a minor in your jurisdiction, you may use the Service only with the involvement of a parent or legal guardian who agrees to these Terms.

You are responsible for the accuracy of your account information, for keeping your sign-in credentials secure, and for activity that occurs under your account. Tell us promptly at kelly@universewithinbodytherapy.com if you believe your account has been compromised.

3. Subscriptions, free trials, and billing

Parts of the Service require a paid subscription. Subscriptions are sold in monthly and annual terms, and the plan name, price, and billing period are shown to you in the app before you purchase.

Subscriptions purchased through an app store are billed by Apple or Google to your store account and are governed by that store’s terms in addition to these Terms.

• Auto-renewal. Subscriptions renew automatically at the then-current price for the same billing period unless cancelled. For Apple subscriptions, cancel at least 24 hours before the current period ends because Apple may begin processing the renewal during that final 24-hour period. For Google Play subscriptions, cancel before the next renewal date shown in Google Play. Your store account is charged according to the renewal timing shown during purchase.
• Free trials. Where a free trial is offered, it begins when the subscription starts and converts to a paid subscription automatically at the end of the trial unless you cancel before it ends. App stores limit introductory-offer eligibility, so a trial may not be available if you have used one before.
• Managing and cancelling. You can manage or cancel your subscription, and turn off auto-renewal, in your Apple or Google Play account settings. Cancelling stops future renewals; it does not end the period you have already paid for.
• Changing plans. You may move between plans. The applicable app store determines how any proration or credit is applied when you do.
• Price changes. We may change subscription prices. Changes apply to future billing periods only, and we will give you notice and the opportunity to cancel as required by the applicable app store and by law.
• Refunds. App-store purchases are refunded by Apple or Google under its policies, not by us. Except where required by law, payments are otherwise non-refundable and unused portions of a period are not refundable.

4. Your content

What you record in the Service — your entries, notes, and everything you chart — belongs to you. We do not claim ownership of it.

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, back up, process, and display your content solely to operate, secure, and provide the Service to you, and to produce the observations and visualizations you ask the Service to generate. This license exists only so the Service can function; it ends when you delete the content or your account, subject to reasonable backup retention periods and any records we must keep by law.

We do not sell your content, and we do not use it for advertising. How we handle your information is described in our Privacy Policy, which is part of these Terms.

5. Acceptable use

You agree not to:

• Use the Service in a way that violates applicable law or these Terms.
• Access another person’s account, or attempt to obtain data you are not authorized to access.
• Probe, scan, disrupt, overload, or attempt to gain unauthorized access to the Service or its infrastructure.
• Reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent applicable law expressly permits it.
• Scrape, harvest, or use automated means to extract data from the Service, or resell or commercially exploit the Service or its content.
• Upload malicious code, or content that infringes another person’s rights or is unlawful.
• Misrepresent the Service as medical, diagnostic, or emergency care to anyone else.

6. Our intellectual property and your license

The Service — including its software, design, text, taxonomy, visual system, and brand — is owned by Universe Within or its licensors and is protected by intellectual property law. Subject to these Terms, we grant you a limited, non-transferable, non-sublicensable, revocable license to use the Service for your own personal, non-commercial use. All rights not expressly granted are reserved. You may not use our names or logos without our prior written permission.

7. Changes to the Service

The Service is evolving. We may add, change, or discontinue features, plans, or plan contents. If we discontinue a feature that is material to a subscription you have paid for, or discontinue the Service entirely, we will give you reasonable notice and, where required by law, an appropriate refund of amounts paid for the unused portion of your term.

8. Suspension and termination

You may stop using the Service and delete your account at any time from within the app. Deleting your account deletes your data as described in the Privacy Policy.

We may suspend or terminate your access if you materially breach these Terms, if we are required to by law, or if we reasonably believe your use creates risk or legal exposure for us or others. Where circumstances reasonably allow, we will give you notice and an opportunity to export your data. Sections 1, 4 (as to the license limits), 6, and 9 through 13 survive termination.

9. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that data will always be preserved without loss, or that any result or observation will be accurate or suitable for any purpose.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

10. Limitation of liability

To the fullest extent permitted by law, Universe Within and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to the Service, whether based in contract, tort, or any other theory, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims relating to the Service in any twelve-month period will not exceed the greater of the amount you paid us for the Service during that period or one hundred United States dollars (US$100).

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of these limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

11. Indemnification

You agree to indemnify and hold harmless Universe Within and its owners, employees, and suppliers from any claims, damages, liabilities, and reasonable expenses (including attorneys’ fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of the rights of another person.

12. Governing law and disputes

These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Colorado, except that either of us may seek relief in small claims court where it is available, and either of us may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

If you live outside the United States, mandatory consumer protection laws of your country of residence still apply to you, and nothing here deprives you of their protection.

Before filing a claim, please contact us at kelly@universewithinbodytherapy.com so we can try to resolve it directly.

13. Apple-specific terms

These terms apply if you obtained the app from the Apple App Store, and Apple and its subsidiaries are third-party beneficiaries of them, with the right to enforce them against you.

• These Terms are between you and Universe Within only, not with Apple. Apple is not responsible for the app or its content.
• Your license to use the app is a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the app. Support requests should go to kelly@universewithinbodytherapy.com.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the app infringes intellectual property rights.
• You represent that you are not located in a country subject to a United States Government embargo or designated as a “terrorist supporting” country, and that you are not on any United States Government list of prohibited or restricted parties.

14. Changes to these Terms

We may update these Terms as the Service or legal requirements change. We will post the updated Terms here and revise the effective date. When a change is material, we will give additional notice before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms.

15. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

16. Contact us

Universe Within
Email: kelly@universewithinbodytherapy.com