Dated June 26 2020
This End User License Agreement (hereinafter the “Agreement’) constitutes a legally binding document which regulates the exploitation by you (hereinafter the “User”) of a mobile application "Flow: mindfulness, meditation & happiness" in accordance with its functional purpose, provided services and exploitation rules.
Before exploiting the application "Flow: mindfulness, meditation & happiness" kindly read the following terms and conditions of this Agreement. Any exploitation of the application shall mean your full and unconditional consent with and approval of the terms and conditions hereof. If you do not accept these terms and conditions in full, you shall not have the right to exploit the above-mentioned application (Service) for any purposes or in any way.
Definitions used in this Agreement:
“Service” is a software in the form of a mobile app for iOS platform (iPhone/iPad) which enables to download (copy), store and watch the Content via any user devices (phone, smartphone, tablet) with Internet access.
“Content” is psychological video-content: series of meditations Causal Intelligence, which is protected intellectual property, available in the Service. The Content consists of the episodes of the above-mentioned series available for viewing via the Service.
“Subscription” is a service of the Publisher which enables access to the Content via the Service under the terms and conditions hereof. This Subscription enables to download (copy) and store the Content in the User devices of the User operating on iOS platform (iPhone/iPad) on a permanent or temporary basis for further viewing by the User.
- Subject of the Agreement
1.1. The subject of this Agreement is the relationship between ИП Фёдорец В. В, from Moscow District, mkr. Centralny, City Domodedovo, st. Kashirskoe Shosse 91 -176, Russian Federation (hereinafter the “Publisher”) and the User in regards with the Service exploitation according to the terms and conditions hereof.
1.2. The Publisher is the right holder of the exclusive copyright and other legal rights and interests on and in:
- the Service (application) and other embedded copyrights and related rights, trademarks, other intellectual property and information within the Service;
- Content and and other copyrights and related rights, trademarks, other intellectual property included as part of Content.
1.3. The Service (application) is distributed by the Publisher for free by means of Apple Store. Any individual of legal age under the laws of the country of citizenship can be the User. The Service and the Content are not being sold, but licensed to the Users under non-exclusive license in accordance with the terms and conditions hereof.
1.4. To get access to the Service the User needs to have or create an account on Apple Store. The User is solely responsible for any actions made through his account as well as loss of access to the account or its invalidity.
1.5. The Publisher retains all the rights not expressly granted by the terms and conditions of this Agreement.
2. General Terms and Acceptance thereof
2.1. This Agreement establishes the rules and terms of the exploitation of the Service and the Content by the Users. Exploitation of the Service, any of its services, or functionality by the User shall mean unconditional consent of the User with all the provisions hereof and unconditional acceptance of its terms with responsibilities to comply with the obligations imposed on the User under this Agreement. The fact that the User uses the Service or any of its functionality is an unconditional and full acceptance of this Agreement, ignorance of which does not relieve the User from liability for non-compliance with its terms hereof. You do not have the right to exploit the Service if you do not agree with the terms and conditions hereof.
2.2. The Publisher retains the right to implement changes to this Agreement from time to time, for example, to reflect the changes of the functional capabilities of the Service. You are hereby recommended to check the contents of this Agreement at least once a month to get acquainted with all current updates and amendments hereof. Current version of the Agreement shall be available online at: http://flow-mindful.com/en/terms-and-conditions. If you do not agree with the updated terms and conditions hereof, you shall stop exploiting the Service. Continuation of the exploitation of the Service after the updates and amendments are implemented shall mean full acceptance of these updates and amendments by the User. All changes shall be valid and binding when the updated Agreement is published.
3. Intellectual Property
3.1. All intellectual property stored and used within the Service, including the Content and the Service itself (visual interfaces, graphics, design, compilations, information, computer codes and other elements of the Service) are intellectual property of the Publisher and protected by the intellectual property laws as well as the relevant international conventions.
3.2. Save for the cases expressly permitted by the terms and condition of this Agreement, Content cannot be copied, reproduced, processed, adopted, distributed, published, uploaded, transferred, communicated to the public, performed in public, sold or exploited in any other way in full or in part without prior written consent of the Publisher.
3.3. Access to Content stored in the Service is provided by the Publisher strictly for the purposes of personal non-commercial use and for review and viewing within the Service only.
3.4. Any exploitation, reproduction, adaptation, modification or distribution of the Service and other intellectual property in full or in part, except for the cases expressly provided herein, without prior written consent of the Publisher, is prohibited.
3.5. The User has no right to reproduce the Content out of the Service, including in the memory of electronic devices (copying or uploading) and has no right to exploit Content by any means not provided for by the terms and conditions hereof.
3.6. Any exploitation or modification of the Content (including visual design elements of the Service, logos, elements and characters of Content, graphic designs, illustrations, photos, videos, programs, music and other elements) without prior written consent of the Publisher is illegal and may cause a legal action or bringing the violator to civil, administrative or criminal responsibility in accordance with the applicable law.
3.7. The User hereby agrees not to decompile, de-assemble, modify or change the Service and not to circumvent its security system and not to try get the source code of the Service. The User also undertakes not to create any derivative products based on the Service.
4. Rights and Responsibilities of the Publisher
4.1. The responsibilities of the Publisher involve only provision of a technical capability for the User to get access to Content by means of the Service in accordance with the terms and conditions hereof.
4.2. The Publisher keeps the right to modify or delete any information uploaded in the Service, including Subscription and Content as well as their elements, at his sole discretion, suspend, limit or deny access of the User to all or any sections of the Service at any moment, for any reason or without statement of this reason, with or without prior notification (at the discretion of the Publisher). The User hereby agrees that the Publisher is not responsible for the damage the above-mentioned action can incur for the User.
4.3. The Publisher has the right to establish any limits for the exploitation of the Service and at any point of time make amendments to this Agreement at his sole discretion without consent of the User.
4.4. The Publisher has the right to send non-personalised newsletters by means of push-up notifications and messages which contain administrative and technical information about the Service and its functionality, as well as information about Content (announcements about new releases of Content episodes, Subscription information, etc.) including during the viewing of Content by the User inside the Service, or any other means in each section of the Service. The User hereby gives his consent to the Publisher for that.
4.5. The Publisher shall not execute the following actions in the Service:
4.5.1. uploading any files that contain or may contain viruses and other harmful programs;
4.5.2. placing descriptions or propaganda of any unlawful activities, allocation of instructions and tutorials on unlawful activities;
4.5.3. placing information that does not match the age of the target audience of the Content.
4.6. The Publisher retains the right to modify and implement changes to the Service, delete or add Content without prior notification of the User.
4.7. The Publisher can at his sole discretion provide temporary free access to parts of Content to all or some of the Users. Such temporary free access does not affect previously paid Subscriptions. The User hereby gives his consent to the Publisher for that.
5. Rights and Responsibilities of the User
5.1. The User hereby undertakes to use Content and the Service only for the purposes provided for by this Agreement and to respect the rights and legal interest of the Publisher.
5.2. The User undertakes to avoid any actions that can lead to any damage in the work of the Service or violate the rights of the Publisher or any third parties, as well as not to attempt to gain unauthorised access to the Service.
5.3. The User undertakes not to attempt to disable or otherwise interfere with the technological protection measures of the Service or/and Content which protect Content, any information of intellectual property within the Service from unlawful copying or exploitation.
5.4. The User has no right to copy, reproduce, sell, distribute, communicate to the public, perform in public, perform rental and lending, retransmit, adapt or use for commercial purposes Content or its elements without prior written consent of the Publisher.
5.5. The User hereby undertakes to use Content and information received from or placed in the Service only for legal and personal non-commercial purposes which do not go against moral principles and shared values.
5.6. Any User aged eighteen and above hereby guarantees that access to the Service for minors shall be granted only under his control. Exploitation of the Service by minors shall be executed under control of a User aged eighteen and in compliance with all the limitations provided for by the applicable legislation and this Agreement.
5.7. The User hereby undertakes to adhere to other responsibilities and liabilities provided for by this Agreement.
6. Paid Services within the Service
6.1. The Publisher can provide to the User the possibility to access Content and some of the functions only after the Subscription fee is paid. In the frame of such Subscription, the Publisher provides to the User who owns iOS-based devices (iPhone/iPad) access to extra content and features of the Service. The Publisher retains the right to delete or add new features to the Service at any moment, as well as add new types of Subscriptions and extra Content available as part of the Subscription, without notifying the User.
6.2. Information about available extra Content which can be purchased by the User by means of payment in the Service is reflected as images and/or short descriptions. The User agrees that the Publisher has the right to establish another order for choice of extra Content.
6.3. Subscription fee shall be paid in the amount and on conditions specified in the Service.
6.4. The User accepts and agrees that Subscription fee is not subject to refund in any form, including in case of cancellation of Subscription, unless otherwise provided for by the terms and conditions hereof. The Publisher shall not remunerate any expenses of the User, including expenses incurred by money transfer to the Publisher, and shall not pay any interest for the exploitation of the funds.
6.5. The term of the Subscription starts upon the moment of payment of the Subscription fee by the User and reflection of the payment in the electronic payment system of Apple. Unless provided otherwise by this Agreement, for purchasing the Subscription the User has to choose the type of Subscription and make the payment according to the instructions presented in the Service. Fee for the second and for all the subsequent periods of Subscription shall be charged automatically up until the moment the User cancels the Subscription.
6.6. At the moment of the initial registration and payment for the Subscription the User agrees and gives consent to the Publisher to charge annually as an upfront payment the relevant Subscription fee for every year or month (depending on the User’s choice) up until the moment the User cancels the Subscription or up until the moment it becomes impossible for the Publisher to receive the Subscription fee for a certain period.
6.7. As of the moment of payment for the Subscription, the User confirms that he fully understands and accepts the terms and conditions hereunder and agrees that the Publisher retains the right to add any Content to the Service or add/change Subscriptions without notifying the User. Before paying the Subscription fee the User shall get acquainted with the list of Content items in the Subscription of his choice. Payment of the Subscription fee means that the User read and accepted the list of Content items and is satisfied with this list.
6.8. Subscription fee is processed without the authorisation of Users in the Service and is executed in the electronic payment system of Apple Store: In-App Purchase.
6.9. User authentication is executed via Apple Store platform.
6.10. Failure of the User to pay for the relevant Subscription period shall equal to the cancellation of Subscription; in this case, the access of the User to the Service features within this Subscription shall be terminated as of the next day after the paid Subscription period expires.
6.11. If upon the moment of the payment due there is not enough funds on the User’s account, the Subscription shall be deemed cancelled as of the next day after the paid period.
6.12. The User has the right to cancel the Subscription subject to provisions of clause 6.4 hereof. To cancel the Subscription the User should execute the actions on Subscription cancellation by following the link in the section “Cancellation of automatic renewal of subscriptions in a iOS-based device”: http://support.apple.com/kb/HT4098?viewlocale=ru_RU&locale=ru_RU.
6.13. The Parties hereby agree and confirm that the Publisher is not responsible for non-receipt of funds to the account of the Publisher for the reasons out of the Publisher’s control, including but not limited to: software errors, failures of bank equipment, mobile operators, payment systems and other payment agents who furnish the acceptance of payments for the Subscription and transfer of such payment to the Publisher. The Parties hereby agree that the Publisher shall have the right not to provide access to the Subscription to the User before the relevant Subscription fee is deposited on his account.
6.14. Access to Content within the Subscription shall be provided in accordance with all technical requirements and from a limited number of devices. Content is uploaded (copied) via the Service to the memory of the User’s electronic devices.
6.15. Fee for the unpaid Subscriptions, their content, terms and conditions, as well as the scope of available Content, can be changed by the Publisher unilaterally without notifying the User.
6.16. By paying the Subscription fee the User irrevocably agrees that his devices used for Content exploitation are in full compliance with technical requirements specified in clause 7 hereof and that he shall execute all the actions necessary for access to the Subscription specified by the Publisher in this Agreement and in the Service. All the matters or actions connected with Internet access and all the necessary equipment for such access shall be settled by the User at his sole discretion and are not subject to the terms and conditions hereof. The Publisher is not responsible for the above-mentioned actions of the User or any third parties.
6.17. If the User paid the Subscription fee but the Publisher failed to provide the Subscription due to the Publisher’s fault and inoperability of the Service and within 30 calendar days upon the payment date, the Publisher shall refund the Subscription fee in full based on the written claim of the User to the following e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.. The User shall keep all electronic payment confirmations from the Publisher and the payment service as a proof of payment.
6.18. Minors do not have the right to exploit the Service without control and consent of their adult legal representative.
6.19. Parties of this Agreement hereby confirm and agree that Subscription services are considered to be rendered as of the moment of payment of the Subscription fee by the User.
6.20. THE USER HEREBY AGREES AND CONFIRMS THAT THE SUBSCRIPTION SHALL ONLY BE AVAILABLE TO THE USER ON THE FOLLOWING TERMS: BY MEANS OF A IOS-BASED DEVICE (IPHONE/IPAD) AND THAT ACCESS TO SUBSCRIPTIONS SPECIFIED IN THIS PROVISIONS SHALL NOT BE VALID FOR ILLEGAL OR HACKED SOFTWARE, OTHER OPERATIONAL SYSTEMS OR OTHER TECHNICAL MEANS. IF THE USER DOES NOT ABIDE BY THIS PROVISION, SUBSCRIPTION FEE REFUND SHALL NOT BE EXECUTED.
7. Technical Requirements to User’s Software ad Equipment for Service Exploitation
7.1. Service can only be used in accordance with the latest Service versions developed by the Publisher.
- official channel for downloading the Service is as follows: https://apps.apple.com/ru/app/flow-mindfulness/id1519290898
- the Service is not guaranteed to work properly if purchased from other sources.
7.2. The Service is set to work only with official, license and non-modified software.
7.3. For proper functioning of the Service technical access devices (technical requirements) should be as follows:
- technical access devices should be connected to the Internet with a speed not slower than 1,2 MB per second. Minimum wi-fi channel width cannot be lower than 1MB;
- firmware of the iOS devices cannot be lower than 11th version;
- the Service installed on the access devices based on iOS works with iPhone 5S and above, iPad 5 and above, all versions of iPad Pro, iPad mini 2 and above;
- location, time and date on the access devices should be updated in accordance with those of the User. We strongly recommend to install automatic time and date updates according to the manual of the device producer.
7.4. All Content which can be accessed by means of the Service is secured by technical protection mesures which control the access to Content and limit the actions which are not permitted by the Publisher as the Content rightholder.
7.5. The Users admit and agree that the Publisher does not provide communication services to the User according to the applicable law and is not responsible for any equipment and mobile network malfunctions, should these networks and equipment be owned by third parties and exploited for delivery of communication services for the Users.
7.6. The Users hereby agree that the speed and the quality of Content online can vary depending on the capacity and load of the User’s channel in regards to the traffic from other resources or due to other causes out of the Publisher’s control. The Publisher is not responsible for lack of access to the Service on the User’s part due to low speed of the Internet access.
7.7. If the User has any technical problems regarding the access to the Service, the Parties hereby agree that before sending claims to the Publisher the User shall execute all the necessary actions to solve the problem according to the guidelines sent to his e-mail account by the Publisher. If the measures offered by the Publisher to fix the above-mentioned technical problems have no effect, the User shall have the right to send a claim to the Publisher by sending it via the following e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.. The Publisher shall consider the claim within thirty (30) days upon receipt.
7.8. If the access to Content according to the paid Subscription has been lost for the reasons out of the User’s control, the User can get such access (Content/ Subscription) free of charge under the terms and conditions of the relevant Subscription.
8. Liability. Limitation of Liability.
8.1. Access to the Service is granted “AS IT IS” and the Publisher does not give any warranties or representations in its regards.
8.2. The User understands and hereby agrees that the Publisher has the right to delete or replace Content and/or Subscriptions offered within the Service at his sole discretion, for any reason or without a reason, without any limitations.
8.3. The User understands and hereby agrees that the Publisher is not responsible for any errors, interruptions, flaws, defects, processing delays or delays in data transfer, line-outs, theft offence, deletion or unauthorised access to the intellectual activity results placed in the Service by the third parties. The Publisher is not responsible for any technical faults or other problems in the work of telephone networks and services, computer systems, servers or providers, computer or telephone equipment, electronic mail services or scripts. The User is not responsible for compliance of the Service in full or in part as well as its features with the expectations of the User, accurate and effort-free work of the Service, termination of access to the Service and/or Content for the User and losses incurred by technical flaws of hardware or software.
8.4. The Publisher is not responsible for any damage to the User’s electronic devices or devices of any third party, mobile devices and other equipment and software caused by or connected with the exploitation of the Service.
8.5. Under no circumstances shall the Publisher be responsible in front of the User or any third parties for any direct or indirect, accidental damage, including lost profit and lost data, damage to honor, dignity or reputation connected with exploitation of Content. In any case, the Parties hereby agree that overall amount of losses of the User for any violations of the Publisher connected with the exploitation of the Service shall be limited to the Subscription fee of the User.
8.6. The Publisher is not responsible for the violation of the terms and conditions hereof by the User.
9. Personal Information
9.1. The Publisher does not collect, store, use or analyse personal information of the Users, including minors, who exploit the Service.
9.2. Personal information of the Users’ accounts on the Apple Store platform is collected via and stored on the above-mentioned platform and is subject to the relevant policy of confidentiality.
9.3. When a User makes a purchase within the Service (Paid Services), the Publisher does not collect and does not get access to the name, payment information and personal information of the Users. This information is collected via and stored on Apple Store platform or in a payment processor of the platform.
9.4. The Publisher uses mobile analytics software only for the purposes of analysis and upgrade of the Service. This software can record anonymous (non-specific) technical information concerning exploitation of the Service and content, as well as other technical data. This information is collected, processed and stored in a depersonalized form (without any reference to the User’s personal information). If you have grounds to believe that the Publisher is collecting personal data of a child with violation of law, please contact us at: This email address is being protected from spambots. You need JavaScript enabled to view it..
9.5. The Publisher uses the statistics service Google Firebase which does not collect personal information in accordance with the applicable law.
10. Entry into Force and Term
10.1. This Agreement shall come into force upon the moment of acceptance of its terms and conditions by the User by means of pressing the button “I ACCEPT” or any other similar button. As well as after the downloading, installing, getting access to the Service and starting its exploitation even if the terms and conditions hereof were not accepted by the User explicitly.
10.2. This Agreement shall remain valid during the whole term of exclusive license on the Service and Content. The Publisher has the right to terminate the Agreement ahead of time without notice in case of violation and/or non-fulfilment of any condition or clause of this Agreement by the User. In such case the User shall delete all the copies of the Service and Content that he has.
10.3. The User has the right to terminate this Agreement by means of deleting or destroying all the copies of the Service and its components, including all Content in full, from all his devices or any other data storage devices.
11. Final Provisions
11.1. This Agreement and the relationship between the Publisher and the User shall be governed and construed in accordance with the law of Russian Federation. Any issues not covered by this Agreement shall be settled by the law of Russian Federation.
11.2. This Agreement is executed for an indefinite term and shall apply and be binding upon all the Users accessing the Service and its exploitation before the publication of this Agreement and after its publication in the Service.
11.3. The Parties hereby agree that all the disputes arising from the execution hereof shall be settled in a competent court at the Publisher’s location with extrajudicial dispute resolution. The Parties understand and agree that pre-trial dispute resolution is mandatory before applying to the courts.
11.4. Should the Agreement be translated into other languages in case of unlawful exploitation of the Service, the English version shall prevail.
11.5. Headings of clauses and provisions hereof are included for reference only and do not have any effect on the interpretation of this Agreement.
11.6. Should any clause or provision of this Agreement be deemed to be invalid or unenforceable by any judicial or administrative body, such acknowledgement shall not affect validity and enforceability of the other clauses and provisions hereof. To the fullest extend permitted by law, clauses and provisions of this Agreement shall be interpreted and executed to implement the purposes of this Agreement. If such interpretation or execution contravenes the law, such provision shall be deemed excluded from the Agreement.
IF YOU HAVE ANY QUESTIONS CONCERNING THE TERMS AND CONDITIONS HEREOF, DO NOT HESITATE TO SEND YOUR CONCERNS AT: This email address is being protected from spambots. You need JavaScript enabled to view it..