Terms and Conditions
Eleviate Member Contract
Thanks for choosing Eleviate!
Through the unique software it has created with the assistance of experts in this field, Eleviate is constantly available to help you become a happier, peaceful, and more thoughtful person.
The services accessible through https://eleviate.io (the “Website”) and Eleviate mobile application (the “Application”) (the “Services”) are provided by EleviateAI OÜ, the company incorporated in Estonia, registered at the address Harju maakond, Tallinn, Kesklinna linnaosa, Sakala tn 7-2, 1014.
By using our Services via the Application and/or buying via third parties, including, but not limited to, the Apple App Store and Google Play Store, you agree to the terms and conditions of that third party, as well as the terms and conditions of this Member Contract.
The legality and validity of the remaining elements of this Member Contract are unaffected if any of the provisions are found to be invalid, void, or for any other reason unenforceable.
When you create a profile, we could ask you for personal information (“Profile Data”) such as your name, email address, password, and birth date. Also, we could provide you the chance to add more data about yourself, such as a photo and any notes you put in the “My Notes” part of the Application.
To process payments made to us, we employ a third-party payment processor. Therefore, we do not keep any financial information, such as credit card numbers, in connection with processing such payments. Instead, we provide all such information directly to our third-party processor. Your payment information is stored on our behalf by App Store.
What we do
We offer guided meditations, blog posts, sleep tales, and music connected to mindfulness for broad educational purposes. We also provide mindfulness coaching services for individuals who purchase the Eleviate Mindfulness Coaching program. Any services associated with Eleviate Mindfulness Coaching and all material linked to it are offered purely for informational purposes. The goal of Eleviate Mindfulness Coaching is not to diagnose or treat any mental illness, physical ailment, or other medical condition. Therefore, it is not a healthcare service either.
Who can use our services?
To use our Services, you should be 18 years or of legal age of majority in your state. Anyone under 18 is not the target audience and is meant to use our services. Please do not browse the Website or use the Application if you are not at least 18 years or of legal age in your nation. If you use our Services and agree to these Terms, even if you are under 18/the legal minimum age in your country, it will be assumed that your parents or legal guardians have given their explicit approval.
How you cannot use our services
We retain the right to stop and suspend the Services and cancel your membership if we believe you are using the Application and/or the Website for reasons other than those intended or offered for private, personal, and non-commercial use. If it does happen, you thus declare, agree, and commit not to seek compensation.
Our service options
- Free Membership: Through “Free Membership,” you may access our services that don’t cost money (“Free Services”). Without any prior warning, we have the right to suspend, modify, restrict, or discontinue the Free Membership at any given time.
- Premium Membership: Through a “Paid Subscription,” you can use our services that are fee-based (“Paid Services”) and sign up to be a “Premium Member” for a set time frame or reoccurring intervals. The purchase of a Premium Membership may be made directly from us or through a third party by paying an upfront subscription fee on a monthly/quarterly /semi-annual/annual, or any other recurring interval (“Recurring Subscription Fee”). You can also acquire membership by purchasing a code, gift card, pre-paid offer, or other offers. This could be sold by us or on our behalf (“Code”) for access to Paid Services for a specific period (“Pre-Paid Fee”).
If you used a Code to start a Trial or purchase a Premium Membership, additional terms and conditions might also be applicable. In that instance, in addition to this Member Contract, you agree to abide by such terms and conditions.
When a Paid Subscription is obtained through a 3rd party, all the terms and conditions of that service provider, as well as the provisions of this Member Contract or any other relevant terms of service, may apply to your Premium Membership.
- Eleviate Mindfulness Coaching: In some areas, we offer Eleviate Mindfulness Coaching as a paid service. You are not required to obtain a Premium Membership to partake in Eleviate Mindfulness Coaching, although you can enjoy Premium Membership benefits while engaging in the program. However, you would not be given a reimbursement for your Premium Membership if you bought it before purchasing Eleviate Mindfulness Coaching.
Similar to a Premium Membership, you may receive the benefits of Eleviate Mindfulness Coaching with a “Paid Subscription” for a set time or recurring periods. For example, if you purchased Eleviate Mindfulness Coaching via the Website, your Paid Subscription would be for recurring periods. This is unless you cancel your Paid Subscription before the end of the subscription period. You can cancel the subscription by emailing your request to [email protected]. Without the cancellation, the payment will be renewed automatically at the end of the then-current subscription period.
Additional terms and conditions presented to you with the Code may apply if you have acquired Eleviate Mindfulness Coaching or commenced a Trial with the Code. In that instance, as additional to this Member Contract, you agree to be bound by such terms and conditions.
When a Paid Subscription is obtained through a third party, the terms and conditions of such a service provider, as well as the requirements of this Member Agreement or any other relevant terms and conditions, may apply to your Premium Subscription.
You will be informed if the cost of a Paid Subscription increases at any time. The price of a Paid Subscription may vary at any moment. We will ask for your permission before proceeding with the higher pricing. The price change will, in any instance, become effective at the beginning of the subscription period that follows the date of the price change. You may always refuse the price adjustment if you are not happy with it by canceling your Paid Subscription before the end of the subscription period.
Automatically Recurring Subscriptions and How to Cancel Them
Unless you cancel your Paid Subscription before the end of the subscription period, it shall be renewed at the end of the subscription period. If you purchased the Paid Subscription through us, you could cancel it by simply emailing your request to [email protected]. If you obtained the Paid Subscription through a third party, this is done by canceling the Paid Subscription through such provider, if you are using the Paid Services through the payment of a Recurring Subscription Fee.
We want you to be aware that every cancellation shall assume effect at the end of the subscription period that is in force at the time. This means you will not receive a refund for the subscription period during which you canceled your Paid Subscription. You will not get a refund for the Membership Fee you already paid for your current subscription month. You will keep getting the Paid Services you bought until the end of your current subscription period to prevent confusion.
PLEASE REMEMBER: IF YOU ACQUIRED THE PAID SUBSCRIPTION THROUGH A THIRD PARTY LIKE APPLE APP STORE OR GOOGLE PLAY STORE, YOU NEED TO CANCEL IT DIRECTLY WITH THE GIVEN THIRD PARTY.
We may periodically offer you free, limited-time trials of Premium Memberships and/or Eleviate Mindfulness Coaching (“Trial Period”). You can only use any Trial or other offer that grants access to the Paid Services during the designated Trial Period. For you to be eligible for any Trial, third parties or we would need your payment details. BY PROVIDING THIS PAYMENT INFORMATION, YOU ARE ACKNOWLEDGING AND AGREEING THAT WE WILL CHARGE YOU FOR THE SPECIFIED SUBSCRIPTION FEE. THIS IS UNLESS YOU CANCEL THE SUBSCRIPTION WITHIN THE FREE TRIAL PERIOD. If you signed up for the Trial on the Website, you got it from us and can cancel your paid membership by contacting us at [email protected]. However, if you requested the Trial through the Application, your subscription was acquired from a third party, either the Google Play Store or the Apple App Store. As such, you must follow the third party’s cancellation procedures and stop the relevant paid membership.
If you acquired your Trial from us and canceled your applicable paid membership during the Trial Period but were unintentionally charged for Premium Membership and/or Eleviate Mindfulness Coaching, please get in touch with us at [email protected].
Special Offers, Campaigns, and Promotions
From time to time, we organize and conduct various campaigns and provide specific promotions. They include:
- Deals, among other offers
The promotions are availed through the Website or the Application. We determine and apply the specific terms and conditions to the Promotions. This is along with these Terms and any other conditions and restrictions that may apply to your participation in such Promotion. We also have the right to modify any Promotion and/or suspend them at any time, both before and during its duration.
Both during and following the term of a Free and/or Premium Membership and/or Eleviate Mindfulness Coaching, the Company, its affiliates, or third-party business partners may send messages. They could be information, marketing, and/or commercial messages via commercial electronic messages or other means of communication with marketing and advertising purposes such as push notifications or electronic mail. You can opt out of these communication lists by emailing [email protected] or another address we will provide in the future.
Right of Withdrawal and Refunds
By using our Services, you acknowledge and consent that our Services are considered “immediately performed services on the electronic platform” and that, following Article 15 of the Regulation on Distance Contracts, which was published in the Official Gazette on November 27, 2014, under the number 29188, you do not have the right to cancel, and no payment is to be refunded. Having stated so, the right of withdrawal from the appropriately executed in-application purchases shall be subject to the normal terms and conditions of the App Store or Google Play Store.
You may only ask Apple for a refund for transactions made through the Apple App Store. Apple serves as the distributor and manages returns for all transactions completed through the Apple App Store. You understand and agree that we cannot refund orders placed through the Apple App Store. Please see https://support.apple.com/en-us/HT204084 for additional details on Apple’s refund policy.
If any of the following requirements are satisfied, the Company will review refund claims for purchases made through the Google Play Store and/or the Website at its sole discretion.
- Refund requests for yearly Premium Membership Subscriptions must be submitted within 30 days of the payment date.
- Refund requests for semi-annual Premium Membership Subscriptions must be submitted within seven days of the payment date.
- Refund requests for subscriptions to Eleviate Mindfulness Coaching must be submitted within seven days of the purchase.
You agree and acknowledge that the refund process for purchases made through the Google Play Store and/or the Website is merely complimentary. As such, at the Company’s sole discretion, we shall not issue refunds for Premium Subscriptions purchased for three or one month through the Google Play Store and/or the Website.
We work with a third-party payment processor (the “Payment Processor”) to collect your payments for transactions made to us. Besides this Member Contract, the Payment Processor’s terms, conditions, and privacy policies shall govern how such payments are processed. We will not be held responsible for any harm the Payment Processor may cause. By purchasing something from us, you authorize us to charge your preferred payment method (referred to as a “Payment Method”) and agree to pay us, through the Payment Processor, all charges for any use of those Paid Services at the prices in effect on the date of purchase and/or the dates the subscription renews automatically.
You are required to provide up-to-date, complete, and accurate information for the billing. If your payment method is canceled (for instance, due to loss or theft) or if you become aware of a potential security breach, such as an unauthorized disclosure or use of your user name or password, you need to promptly notify our payment processor or us. Depending on the purchase, such information may be modified on the security page of the Apple App Store or Google Play Store.
You agree not to hold us liable for any additional fees incurred by your bank, credit card provider, or debit card business. These include but not be limited to banking expenses, banking fees, or any fees that may result from currency exchanges.
Our ultimate goal is to help you enjoy a lively life. However, we cannot guarantee that using our services will make you happier, calmer, or more attentive.
We fully disclaim any and all warranties, whether express or implied. This includes but is not limited to the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. Our Services are provided “As Is” and “As Available” without any form of guarantee. You understand that we make no guarantees about the continuity, timeliness, security, error-free, virus-free, or results that may be obtained from using the Services. Furthermore, you understand that nothing you learn from us or through the Services will constitute a warranty not expressly stated in these Terms.
Our services are not meant to substitute for professional medical care, medical advice, or psychological counseling. They are also not intended to identify, treat, or avoid any illness or medical issue. You acknowledge that we are not responsible for how you use your visit to the Website or the Application.
All of our services will be made available to you online. You agree and understand that we make no claims or are in any way liable for the costs associated with your use of the internet.
Before using or continuing to use our Services, if you have any concerns about your health, whether before using them for the first time or while using them, you should see a doctor. If you have any type of medical issue, you should avoid using our services without the medical professional’s say-so.
Eleviate Mindfulness Coaching Disclaimer
Any physical sickness, mental disorder, or condition cannot be prevented, treated, or cured by Eleviate Mindfulness Coaching. It also is not to be used as a substitute for therapy. As a result, your mindfulness coach is unable to identify any mental or physical ailments.
Before taking advantage of Eleviate Mindfulness Coaching, you MUST IMMEDIATELY seek therapy or psychiatric assistance if you have recently been diagnosed with any mental condition. This includes but is not limited to
- Bipolar disorder
- Any dissociative disorders such as depersonalization and derealization
- If you have any intentions to harm yourself or other people
- You are experiencing overwhelming stress that could affect your daily life.
The services provided by Eleviate for mindfulness coaching are not intended to provide any help with, treatment for, or resolution to the problems mentioned above.
In the event that you encounter any of the aforementioned problems, please seek assistance from a professional or a therapeutic psychologist. If Eleviate thinks you may be dealing with any of the problems mentioned earlier, it retains the right to stop offering you Eleviate Mindfulness Coaching services.
By using Eleviate Mindfulness Coaching, you agree and acknowledge that:
Eleviate Mindfulness Coaching does not replace advice and counseling, psychotherapy, or psychoanalysis, nor is it a substitute for any of the following:
- Medical consultant
- Healthcare professional
This is because we do not have the required qualifications for the aforementioned titles and can operate without any healthcare licenses. Therefore, the Eleviate Mindfulness Coaching service is not health-related or designed for diagnosis or medical conditions treatment.
You are responsible for developing and following your own mental, emotional, and physical well-being, choices, decisions, actions, and results. This means Eleviate, or your Mindfulness Coach is and will not be liable for any actions or inactions or any direct/indirect consequence of the services availed by Eleviate and Mindfulness Coach. Neither Eleviate nor your Mindfulness Coach is and will be responsible for your choices.
You have read and acknowledged Eleviate Privacy Policies. You are not and should not provide Eleviate or your Mindfulness Coach with any special categories of personal data, for example, health data. You irrevocably and unequivocally remise, release and discharge Eleviate and its group companies and respective;
- Service providers
- Independent contractors and
- Mindfulness Coaches from any claims arising out of or in connection with the Eleviate Mindfulness Coaching services
Copyrights, Trademarks, and All Intellectual Property
All text, graphics, logos, button icons, images, audio clips, videos, software, and sleep stories that are a part of or made available through any of our Services are owned by the Company or the Company’s content suppliers. They are protected by international copyright laws and by the law of the Republic of Estonia. Moreover, the Corporate’s trade names, trademarks, logos, domain names, and company marks are all covered by international trademark laws and other Estonian and international regulations.
What happens to the content you provide us with?
By using the Services or violating any terms of this Member Contract, you agree to defend, indemnify, and hold the Company and the companies in its group, as well as their officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees.
The courts and enforcement offices of Tallinn, Estonia, shall have jurisdiction over any controversy arising from or related to these Terms. Members who meet the requirements to be consumers and who do not engage for professional or commercial gain may file claims with consumer courts or tribunals. This Member Contract will prove any legal proceedings brought under the Civil Procedural Law of the Republic of Estonia.