Terms of Service



Last updated: May 10, 2019




Simply Better Apps is a Canadian company and subject to Canadian laws and jurisdiction.

Hello! Welcome to Simply Better Apps's Terms of Service. Please read this carefully before using our site, services, or products. This is a contract between you and Simply Better Apps. We've also included several annotations in grey text boxes that aren't a part of the contract itself, but are intended to emphasize key sections and help you follow the text. We’ve tried to be fair and straightforward. Please feel free to contact us if you have any questions or suggestions!



1. Accepting the Terms of Service

Please read these Terms of Service carefully before using deeprelax.org (the "Site") and/or the other domains, websites, products, applications, mobile applications, services, and/or Simply Better Apps Content provided by Simply Better Apps (all of those collectively with the Site, the "Services") (Simply Better Apps, a sole-proprietary business collectively with its agents, representatives, consultants, employees, officers, and directors, "Simply Better Apps," "Deep Relax," "Deep Meditation," "we," or "us"). By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement.

If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services. Simply Better Apps’s personalized Services cannot be provided and the terms of this Agreement cannot be performed without Simply Better Apps processing information about you and other users. Processing of the information you share with Simply Better Apps is essential to the personalized Services which we provide and which you expect, including but not limited to sync functionality and ads, and is a necessary part of our performance of the agreement we have with you.



2. Modifications to this Agreement

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Use are posted. If you do not agree at that time, you are not permitted to use the Services.

As Simply Better Apps grows and improves, we might have to make changes to these Terms of Service. It is your responsibility to regularly check this page regularly to see changes/additions/deletions.



3. Use of the Services


Children:

You may not use the Services, provide any personal information to Simply Better Apps, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address) if you are under the Minimum Age. The Minimum Age is (i) thirteen (13), or (ii) for users in the European Union, sixteen (16) (or the lower age that your country has provided for you to consent to the processing of your personal data). You may only use the Services if you can form a binding contract with Simply Better Apps and are not legally prohibited from using the Services. Protecting the privacy of young children is especially important to us. For that reason, Simply Better Apps does not knowingly collect or solicit Personal Information from anyone under the age of 13. If you have reason to believe we have accidentally collected the information of someone below the Minimum Age, please contact us immediately so we can make reasonable efforts to erase and delete the information.

Protecting the privacy of young children is especially important to us. You have to be the Minimum Age to use any of our apps. We're serious: it's a hard rule.


Service Changes and Limitations:

The Services change frequently, and their form and functionality may change without prior notice to you. Simply Better Apps retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Simply Better Apps may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Simply Better Apps may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Simply Better Apps Content (as defined below). Simply Better Apps may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.

Our apps are an ever-evolving platform. With new products, services, and features launching all the time, we need flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings (like features that flop). We can also terminate or suspend any account at any time. That sounds harsh, but we only use that power when we have a reason.


Limitations on Automated Use:

You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Simply Better Apps and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Simply Better Apps (and only pursuant to those terms and conditions) or unless permitted by Simply Better Apps's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Simply Better Apps Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

Don't do bad things to our apps or to other users. Some particularly egregious examples of "bad things" are listed in this section.


Advertising

We allow advertisers to display their advertisements and other information in certain areas of the Service, such as interstitial advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Service and any services provided on the Site and/or Mobile Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Service, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

We show ads in order to pay our employees, and services. Any ads shown on the app have no affiliation to Simply Better Apps unless otherwise stated.


Registration and Security

As a condition to using certain of the Services and in order for us to provide them to you, you may be required to create an account (an " Account"), provide your age and an email address, which will serve as a default link to your account.
You agree to provide Simply Better Apps with accurate, complete, and updated registration information, particularly your email address.

It's really important that the email address associated with your account on any of our apps is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for you to recover or delete your account.

You are also responsible for maintaining the confidentiality of your Account passwords and for the security of your Account, and you will notify Simply Better APps immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.


User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Although we do regular backups and employ best practices, there is always room for unforseen problems. By using our apps, you agree to have understood this risk and waive your right of action against us if such a loss or corruption ever happens.



4. Data Privacy

For information about how Simply Better Apps collects, uses, and shares your information, please review our Privacy Policy. By using the Services you agree you have read the Privacy Policy, which describes our collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Simply Better Apps and the Simply Better Apps Affiliates (as defined below).

We are strong advocates of data privacy. To know how we collect, and what type of data we use, please visit our Privacy Policy.



5. Simply Better Apps Content and User Content


Definitions:

For purposes of this Agreement: (1) the term "Simply Better Apps Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term " User Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services including, without limitation, usage data, and full name, any of which may be generated, provided, or otherwise made accessible on or through the Services.


Termination and Deletion:

On termination of your Account, Simply Better Apps shall make reasonable efforts to delete your Account data unless permitted or required to keep this data in accordance with law. You can delete your account at any time by sending us an email.



6. Links to Third-Party Websites

Services may contain links to third-party websites that are not owned or controlled by Simply Better Apps. These links are provided solely as a convenience to you and do not constitute an endorsement by Simply Better Apps of the content on such websites nor of the business practices of those operating those websites. Simply Better Apps has no control over and assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, Simply Better Apps does not censor or edit the content of any third-party websites. By using the Services found at this Site, you expressly release Simply Better Apps from any and all liability arising from your use of any third-party website. Accordingly, Simply Better Apps encourages you to be aware when you leave the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Links on our website (such as our blog or newsletter) to third-party websites, might not be owned or controlled by Simply Better Apps. They are there solely as a convenience for you.



7. Warranty Disclaimer; Services Available on an "AS IS" Basis

Your access to and use of the Services or any Simply Better Apps Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, SIMPLY BETTER APPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Simply Better Apps makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components; or (e) be entirely secure or that the information you share with us will be secure. Simply Better Apps also makes no representations or warranties of any kind with respect to Simply Better Apps Content; User Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Simply Better Apps or through the Services, will create any warranty not expressly made herein.



8. Time Limitation on Claims and Releases From Liability

You agree that any claim you may have arising out of or related to this Agreement or your relationship with Simply Better Apps must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Simply Better Apps and its employees, agents, consultants, founders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Simply Better Apps (the "Simply Better Apps Affiliates") from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:

The acts of third parties generally (i.e., individuals or entities who are not Simply Better Apps or a Simply Better Apps Affiliate), including third party sites and services.

Disputes concerning any use of or action taken using your Account by you or a third party.

Claims relating to the unauthorized access to any data communications relating to, or Simply Better Apps Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your User Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.

Claims relating to any face-to-face meetings in any way related to Simply Better Apps at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups; Unless otherwise expressly disclosed in writing, Simply Better Apps does not sponsor, oversee, or in any manner control Meetups.

If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."



9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLY BETTER APPS AND THE SIMPLY BETTER APPS AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SIMPLY BETTER APPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SIMPLY BETTER APPS AND THE SIMPLY BETTER APPS AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).



10. Exclusions to Warranties and Limitation of Liability

Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.



11. Termination

Either party may terminate this Agreement at any time by notifying the other party. Simply Better Apps may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement.

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Simply Better Apps Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Simply Better Apps or any third party and shall not relieve you of your rights if you are a user in the European Economic Area which are described in the Privacy Policy.



12. Choice of Law and Venue

You and Simply Better Apps agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Simply Better Apps otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.

Law and Forum for Legal Disputes:

This Agreement shall be governed in all respects by the laws of the Province of Ontario as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Simply Better Apps must be resolved exclusively by a state or federal court located in Ottawa City, Ontario, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Ottawa City, Ontario for the purpose of litigating all such claims or disputes.



13. Miscellaneous and Contact Details

This Agreement, as modified from time to time, constitutes the entire agreement between you and Simply Better Apps with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Simply Better Apps's prior written consent. Simply Better Apps may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint controllership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Simply Better Apps in any respect whatsoever. Any notice to Simply Better Apps that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to:

Simply Better Apps
Suite M002
2420 Bank Street
Ottawa ON
Canada - K1V 8S1