1.1 Trueahead (operated by Fortuna Technology AS registered in Oslo, Norway, hereafter “Trueahead”) operates a platform for self improvement and mindfulness on the internet portals https://www.trueahead.com and other websites as well as via mobile applications – so called “Apps” – (hereafter platform).
1.2 Use of the platform (including Apps) shall be exclusively subject to the following general terms and conditions.
1.3 No special contractual text is intended for the contract regarding platform use. The content of the contract concluded between you and Trueahead follows these general terms and conditions as well as the information provided during the process of registration (cipher 3) as well as during contracting of a fee-based subscription (cipher 5) that will be saved by Trueahead and available at any time in your user account.
1.4 By registering and/or using the Trueahead services, you accept the use and application of these terms and conditions.
1.5 Trueahead shall retain the right to change individual clauses with effect for the future. When changes are made to the terms and conditions,you will be informed about them (at least four weeks prior to the effective date of the amended terms). For this purpose, Trueahead will send you the new version of the terms and conditions to the email address you provided during registration. In this context, Trueahead will notify you explicitly regarding the opportunity and objection period against the changes as well as about the consequences of an omitted objection.
1.6 If you do not object to the changes within four weeks after the effective date of the changed terms and conditions, the changed terms and conditions shall be deemed accepted. The period shall start from the day that it is communicated to you via email as the effective date of change.
1.7 In the event that you object to the changes, Trueahead shall be entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for Trueahead, effective from the date the changed user terms come into force.
2.1 Trueahead will provide you with content designed to teach self improvement and mindfulness practices.
2.2 The rights on Trueahead’s services and contents that are dispersed this way shall stay and remain with Trueahead or Trueahead’s licensors. Trueahead software applications and contents shall be licensed to you within the scope of the contractual use. We will only grant you a non-exclusive (simple) and temporary right pursuant to cipher 2.3 for personal use of Trueahead’s services and contents.
2.3 The scope of the provided contents shall depend on the precise free account, subscription (cipher 4) or trial (cipher 5) which you respectively chose (the “license”). The license shall be restricted to the period of the free account/subscription/trial.
2.4 All Trueahead trademarks as well as our trade names, logos, domain names and other peculiarities of the Trueahead trademark are under the sole ownership of Trueahead. The license does not grant you the right to use Trueahead trademarks, our trade names, logos, domain names or other features of the Trueahead trademark, irrespective of whether for commercial or non-commercial use.
2.5 If you are using a free service, Trueahead shall be allowed to show you advertisements on the platform.
2.6 Platform Disclaimer
The information contained in the platform is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the platform or the information contained on the platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
2.6.1.1 Trueahead is a provider of online and mobile self improvement, self-reflection and mindfulness content in the health & wellness space. We are not a health care or medical advice provider, nor should our platform be considered medical advice. It is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such content and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor. While there exists third party evidence from research that mindfulness can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Trueahead makes no claims, representations or guarantees that the platform provides therapeutic benefit of any kind.
2.6.1.2 Any health information and links on the platform, whether provided by Trueahead or by contract from outside providers, is provided simply for your convenience.
2.6.1.3 Any advice or other materials in the platform is intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the platform.
2.6.1.4 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a mindful practice. Furthermore, if you have any such pre-conditions, we strongly advise that you consult with a medical professional.
3.1 A registration with Trueahead is necessary for using Trueahead’s services.
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
3.1.1 Use the same name that you use in everyday life.
3.1.2 Provide accurate information about yourself.
3.1.3 Create only one account (your own) and use your timeline for personal purposes.
3.2 You can use your email address and a self-determined password for registration.
3.3 The used password shall be kept confidential. You are solely and to the full-extent of the law responsible for keeping it confidential. You are the only person entitled to use your Trueahead user account. Trueahead shall be notified immediately of any unauthorized use of the user account as well as any suspicion thereof.
3.4 Registration establishes a free contract between Trueahead and you regarding the use of the Trueahead platform (cipher 1.3).
3.5 All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times by you.
3.6 Registration shall require a minimum age of 18 years. As a minor you are only allowed to register with Trueahead if you are at least 14 years old and your statutory agents have given their consent. We shall have the right to make services of Trueahead subject to appropriate proof of your identity, your legal majority or the consent of your statutory agent.
3.7 Trueahead shall be entitled to save and process your data provided during the registration process pursuant to the data protection regulations.
4.1 There is a fee-based subscription available (“Subscription Access”) so that you can use the full scope of Trueahead’s services. The subscription can be entered into for different periods which are presented to you when trying to access fee-based subscription content and through the option ‘manage subscription’ in settings.
4.2 Trueahead’s subscription accesses are fee-based and advertisement-free subscriptions which enable you to access a set of our content and features through our mobile app, depending on the subscription tier you’ve purchased.
The access to our library persists for the subscription period.
4.3 To become the holder of a Trueahead account with subscription access you will submit payment information. You will receive a subscription confirmation email as soon as you have done this. Your subscription starts on this day. Please read our data privacy policy for information regarding gathering, using and processing of your data.
4.4 You can subscribe at any time. Whenever you try to access content that requires subscription access, you will be prompted to provide payment information, in the form of a credit card. As you submit your payment information, you can choose a payment plan, for example monthly or yearly subscription. Once this is done, you will need to confirm your subscription.
4.5 A subscription can be cancelled at any time. Once cancelled, subscription access ends by the end of the payment period. For example, a yearly subscription started on January 1st can be cancelled on the following day. However, the subscription access will persist until December 31st.
5.1 Trueahead will occasionally offer new users the use of the subscription access for trial purposes for a certain period of time, free-of-charge (so called “trial”). Trueahead determines at its own discretion if you can participate in the trial. Trueahead shall have the right to stop or change a free trial at any time without prior notification or termination period if good cause is present.
5.2 Participation in certain trials might only be possible if you enter your payment data during trial registration. In such event, we will need your consent at the beginning of the trial that your free access will be switched to a fee-based subscription access on the day after your trial expires (cipher 4). In this event your subscription will subsequently renew itself depending on the term you’ve committed to when accepting the trial access and can be terminated until one day before the subscription is set to renew (cipher 8.3).
5.3 If you do not want the subscription service in the event of cipher 5.2 and the corresponding charges, you will have to terminate the subscription access provided within the trial, prior to the trial expiring (e.g. conveniently via your Trueahead Account Settings).
If you are a consumer (meaning an individual making the order for a purpose that is not for commercial or self-employed activity), the following revocation right shall apply for using Trueahead regarding the conclusion of fee-based subscriptions as well as for the purchase of codes or download bundles:
INSTRUCTION ON REVOCATION
Revocation Right
If you purchased access to a fee-based Trueahead service or offers that are subject to charges (codes, download bundles) via the Trueahead platform, you shall have the right to revoke this contract within fourteen days without having to provide any reasons. The revocation right shall exist for a period of fourteen days from the day of contract conclusion. For exercising your revocation right, you shall notify us to
Email: support@trueahead.com
via an explicit statement regarding your decision to revoke the contract. You can use the attached revocation template for this purpose which is, however, not compulsory.
Dispatching of the revocation notification before the revocation period expires shall suffice to meet the revocation deadline. You may send the letter via digital mail to support@trueahead.com.
Consequences of Revocation
If you revoke this contract, we shall be obligated to refund all payments that we received from you, including shipping costs (except for costs that resulted from you opting for another way of shipment than the cheapest standard delivery offered by us) immediately and by no later than fourteen days from the day that we received your contract revocation notice. We will use the same payment method for this refund that you used for the original transaction, unless we have stipulated a deviating method with you. This refund shall under no circumstances be subject to charges for you.
Template Revocation Form
(If you intend to revoke the contract, please fill-out this form and return to us)
I/We () hereby cancel the concluded contract by me/us () regarding the purchase of the following goods ()/(performance of the following service ()
Ordered on ()/Received on ()
Consumer Name(s)
Address of Consumer(s)
Signature of Consumer(s) (only if paper notification)
Date
() () Delete as applicable.
– End of revocation instructions –
7.1 For payment purposes, the fees payable to Trueahead will be charged to the credit card account you provided while ordering your subscription (cipher 4.3).
7.2 In the event of access via a code, payment shall occur via the payment method stipulated on the invoice, e.g. PayPal or money transfer.
7.3 In the event of a download bundle purchase, payment shall also occur by charging the credit card account (cipher 4.3) provided during subscription purchase.
7.4 Your payment obligation vis-a-vis Trueahead within a subscription access shall automatically renew itself at the end of the respective subscription term, if you do not terminate your fee-based subscription at least 24 hours prior to the end of the term (cipher 8.3).
8.1 The free user contract shall start at the time of your registration pursuant to cipher 3. for an indefinite period.
8.2 You can terminate the free user contract at any time. For this purpose, you can delete your account via our App under settings.
8.3 The fee-based subscription access (cipher 4) shall run at least for your initially selected period and shall automatically renew itself if you do not terminate it at least 24 hours prior to the expiry of this period. The subscription period shall extend respective of its currently used subscription model.
8.4 In Android, you can terminate subscriptions that you entered into via our App in the settings of the App. For this purpose, you will have to login, open the settings via the menu and click on “Cancel Subscription” under the Subscription settings. For iOS you manage your subscription within your Apple Purchases.
8.5 Termination of the subscription access shall become effective the day after the last day of your subscription period and you will be downgraded to a free user contract (Free Service). After renewing your subscription you will however be able to access your old status and your reading lists. If you intend to delete your entire account, you can do so via the settings of our App (cipher 8.2). All data associated with the account will be deleted in this case.
8.6 The right to suspend and terminate for good cause shall remain unaffected by the aforementioned provisions.
9.1 If you purchased a Trueahead code with which you can use subscription access for the time stipulated on your email, card or respective paper receipt, then you are entitled to use the Trueahead platform for the respective period.
9.2 For redeeming the code, you will first have to register with Trueahead (cipher 3.) and subsequently activate the code through the specifically herefore created website
9.3 Codes cannot be redeemed for cash nor refunded, exchanged or used for purchase of other codes.
9.4 Please be aware that when using a code or another offer, specific provisions relating to the code or offer will apply in addition to these terms and conditions (particularly period of validity).
9.5 After expiry of the respective period, the subscription access ends automatically and you will be downgraded to the Free Service. If you want to continue the subscription access use, you can enter into a new subscription (cipher 4) any time. If you intend to delete your entire account, you can do so via the settings of our App (cipher 8.2). All data associated with the account will be deleted in this case.
10.1 We will use reasonable endeavors to remedy faults in the platform. If we fail to comply with these terms, we will be liable to you only for the purchase price of the platform in question. In addition, we will not be liable for:
(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the platform, or from transmissions via emails or attachments received from us.
(iii) Any use of the websites linked to the platform but operated by third parties.
10.2 To the extent permitted by law, Trueahead and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the platform or the content, materials and functions related thereto, your provision of information via the platform, or lost business or lost sales, or any errors, viruses or bugs contained in the platform, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the platform. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the platform exceed, in the aggregate, the amount, if any, paid by you to Trueahead for your use of the platform.
11.1 What you can share on Trueahead
We want people to use Truehead to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
You may not use our Products to do or share anything:
That breaches these Terms, and other terms and policies that apply to your use of Trueahead.
That is unlawful, misleading, discriminatory or fraudulent.
That infringes or breaches someone else’s rights, including their intellectual property rights.
You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove or block content that is in breach of these provisions.
If we remove content that you have shared for violation of our Community Standards we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies.
11.2. The permissions you give us
We need certain permissions from you to provide our services:
Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Trueahead and the other Trueahead Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Trueahead, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Trueahead Products you use. This license will end when your content is deleted from our systems.
You can delete content individually or all at once by deleting your account. You can request a copy of your data at any time before deleting your account. In order to do that, we will require proof of identity, to ensure that only you get access to your data.
When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where: immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it); your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or where immediate deletion would restrict our ability to: investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems); comply with a legal obligation, such as the preservation of evidence; or comply with a request of a judicial or administrative authority, law enforcement or a government agency; in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the content has been fully deleted.
Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on Trueahead next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Trueahead. Ads like this can be seen only by people who have your permission to see the actions you’ve taken on Trueahead. You can learn more about your ad settings and preferences.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
11.3. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to the content you create or share on Trueahead), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
12.1 If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.
12.2 For any dispute you have with Trueahead, you agree to first contact us at support@trueahead.com and attempt to resolve the dispute with us informally. If Trueahead has not been able to resolve the dispute with you informally, we each agree that any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.
Note: Sounds used are under Public Domain or Creative Commons license, credited in the app, where appropriate. For any questions or concerns regarding license, please contact us.