ZEN-it App Terms of Service

Effective Date: 25 September 2024

These Terms of Service ("Terms") govern your access to and use of the ZEN-it mobile application (the “App”). The terms of service in respect of the website www.zenitapp.in and related pages (collectively, the “Website”) are available on the Website at https://www.zenitapp.in/terms-of-service.

The Website and App are provided by CalmCue Tech LLP. All references to “CalmCue”, “ZEN-it”, “we”, “us”, “our” and all linguistic variations of these terms are to CalmCue Tech LLP. ZEN-it was earlier branded as “ZEN~It” and all references to ZEN~It in any material whatsoever refer as well to CalmCue Tech LLP or the App, as contextually appropriate.

All references to “Users” are to App users, whether free or Premium users. “Account” refers to a user’s account on the App, whether free or paid. “Premium User” refers to any user who has a current and valid subscription to the App.

By downloading and using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use this App.

These Terms supplement, and are not meant to contradict, Apple’s Licensed Application End User License Agreement available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

Eligibility to Use the App

The App is intended for use by natural persons who are eighteen (18) years and older. If you are below 18 years of age, please do not create an Account or use the App. For more information on how we handle personal data and our policies concerning children under 13, please review our Privacy Policy.

If you provide a false date of birth or falsely confirm that you are 18 years or older in order to install and/or use the App, that constitutes a violation of these Terms. ZEN-it reserves the right to take recourse in accordance with these Terms, in case of any such breach of these Terms.

Users of the App may only have one active session (on one device) at any given time; the App does not support concurrent active sessions across devices.

Users may sign up to the App by providing their email address, username and confirming their age (above 18 years) or by using single-sign-on authentication using Gmail, Outlook or Apple (as applicable).

Those desiring to sign up to ZEN-it need to follow the verification prompts and verify their email addresses, for native sign up to the App. Where they fail to do so within seven (7) days with or without reminders from ZEN-it, data entered by them will be deleted permanently, and they will need to redo the sign-up procedure.

App Features

The App provides the following features:

Task list: Create, edit and view your tasks effectively;
Calendar: Plan and schedule your tasks, meetings, events; sync with other popular calendars;
Focus Time: Boost your productivity by scheduling focus time;
Priority Wizard: The App prioritises your tasks for you, letting you know what needs to be done Now, Today or Later
Self-care suite: Access self-care, mindfulness, meditation and motivational resources

We may modify or remove some or all of these features, denote some or all of these as Premium features (available only for Premium Users) or add any new features based on our business and operational needs and strategies. Users shall have no right or claim against us, in this respect.

Task List and Calendar

The Task List feature (including the options to create, view and edit tasks, including recurring tasks, or task lists) is provided for Users to manage and organise their tasks more efficiently.

The Calendar feature allows Users to integrate popular external calendars with the ZEN-it App calendar in order to organise all their events in one space. Users are advised not to include any information of personal or sensitive nature, in using these features.

Priority Wizard

The Priority Wizard is provided as a matter of convenience for Users, to automatically organise their tasks by priority, using parameters obtained from the Users. The order of priority indicated by the Priority Wizard may or may not align with Users’ expectations. Users are provided the option to review and reset the priority of specific tasks indicated to suit their needs and priorities.

Self Care Content

Self-care audio tracks, videos and information on the App (“Self-Care Content”) are provided on a general basis only. None of the Self-Care Content is intended or provided as medical advice, therapy or psychological assistance of any form and should not be taken, used or recommended to any others as such. ZEN-it is not a medical, health care or psychological care provider. Users are advised to exercise their discretion in viewing, consuming, adapting, attempting or implementing any Self-Care Content. ZEN-it shall not be held liable for any repercussions from your use or consumption of any Self-Care Content.

Users are requested to assess their general fitness and mental health and physical ability levels before engaging in breathing exercises, stretches or visualisations provided by this App. In case any of these breathing exercises, stretches or visualisations are considered unfit for purpose or unsuited for the User's needs, or should not be carried out by the User, the User is responsible to make that determination and avoid, or cease, using those tracks or that information.

Users are advised to ensure that they are in a safe space, without distractions, when attempting visualisations, stretches, or following any Self-Care Content that requires their undivided attention. ZEN-it shall not be held liable for any losses, damages, or mishaps that may occur on account of Users attempting to follow any such Self-Care Content when carrying out any other activities that require their full attention.

User Responsibilities

By using the App, you agree to:

Provide accurate and complete information during registration
Use the App for lawful purposes and in compliance with these Terms
Respect the intellectual property rights of others; and
Refrain from engaging in any activities that may disrupt or interfere with the functioning of the App.

You may not:

download, save or otherwise store a local copy of the Self-Care Content (unless expressly permitted to do so)
copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the App in any way, or create derivative works of the Self-Care Content
use any images, Self-Care Content, screenshots of various App screens or features or other App elements with or without the aid of artificial intelligence tools, to create a copy or modified version of the App or any of its features or Self-Care Content, or any software or application deceptively similar to the App; rent, lease, loan or sell the Self-Care Content in whole or in part
tamper with or circumvent any technology used by ZEN-it to restrict access to any of the App’s features, including the Self-Care Content, or
use the App in any way that violates these Terms.

ZEN-it shall be entitled to cancel or suspend any User Accounts (including those of Premium Users), should we be informed of, or come to know of any violations of these Terms or any applicable laws, by any User. ZEN-it shall also be entitled to pursue any legal remedies and/or disclose User Data further to such violations, in accordance with applicable laws and/or as set out in our Privacy Policy.

Free Trial and Subscription to Premium

We may offer free trial periods to all or selected Users to explore Premium features on the App, from time to time. After any such free trial periods, all Premium features become paid services available only upon subscription. Users may have the opportunity to earn additional free trial days for Premium features by providing feedback or participating in promotional activities. This shall be exclusively at our discretion.

Subscriptions may be available on a monthly basis, or through packaged subscriptions for set durations (including but not limited to periods of three months, six months, or one year). Users hereby agree and authorise ZEN-it, acting with the assistance of its payment services partners, and/or mobile stores providing in-app billing services, to charge, debit or deduct funds from the designated payment method, according to the frequency of the subscription opted by such User.

Depending on their jurisdiction of residence, Users may be able to make payments through app store in-app billing options, or third party payment processors (such as Razorpay). Not all payment methods may be accepted by these payment service providers. Users are requested to assess the payment methods accepted by each service provider.

Cancelation and Refunds

Promotions and Discounts

We may at our discretion offer discounts, free “Premium days” (a day of free use of Premium features on the App) or other promotions, offers or discounts to Users in any geography, for any duration of time. These promotions, discounts and offers are made entirely at our discretion, and are prone to revocation at any time in accordance with our business needs or strategies. Users shall have no recourse in the event of announcement of such promotions, offers or discounts and subsequent cancellation prior to availment.

Premium users can cancel their subscription by tapping the Unsubscribe button on the Subscription section in the App, or by following instructions provided by the respective app store. Users must cancel their subscriptions before the end of the current billing period to avoid automatic renewal. Upon cancellation, access to Premium features will continue until the end of the current billing cycle.

By way of example, if User A has a monthly subscription commencing on the 5th of every month, and wishes to cancel the subscription effective March 2025, User A must request cancellation of the subscription by the 4th of March, 2025, for it to cease before renewal. If User A requests cancellation on the 5th of March, 2025 or later, the cancellation will only apply from April 2025.

Refunds may be granted at our discretion if a request is made within twenty-four (24) hours of a subscription. Each account is limited to one refund request, and subsequent requests may result in blacklisting of the account from further refunds. If any User requests subscriptions and refunds more than once, ZEN-it reserves the right to refuse such User service, and blacklist the User Account.

Users who do not wish to continue using the App may also request deletion of their User Account and associated data by following the instructions in the Privacy Policy. Should you thereafter wish to re-install the App, please note that you will begin as a new User, and will no longer have access to your previous User Account or any associated data. Additionally, you may not receive a free trial period again if any such free trial period is being offered to new Users at the time you sign up again.

Pricing

Our current pricing plans for Premium features are set out in-App (in the Subscribe section and/or in the in-app billing service) and may vary by geography/jurisdiction. Variations may also apply due to currency differences.

The prices set by us are subject to change at any time in accordance with market conditions, our business needs and strategies. Users with valid Premium accounts will not be retrospectively charged higher rates for their subscriptions, however, the revised rates shall apply from the next period of their subscription.

By way of illustration, if a user subscribes to Premium features on the App from 1 January and the rates for Premium subscriptions in that geography increase on 15 January, the user will be charged the increased rates from 1 February only.

We will send inform existing Premium users in advance, before implementing any price increase, whether by email, push notifications, in-app messaging or otherwise in a commercially reasonable manner.

Transfer / Assignment

ZEN-it shall be entitled to transfer or assign its rights and obligations under these Terms to any third party or others as per its business needs. We value our customers’ trust and privacy. Information on how we protect your User Data in such situations, is available in our Privacy Policy under the Profile section of the App.

Users may not transfer or assign their rights or obligations under these Terms to anyone else.

Intellectual Property

All intellectual property rights related to the App and its contents, including but not limited to text, graphics, logos, images, audio content, visuals, and software, are owned by or licensed to us. You may not use, reproduce, modify, distribute, reverse-engineer (or attempt to reverse-engineer) or display any part of the App without our prior written consent.

Subject to these Terms, and your timely payment of subscription fees, ZEN-it grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the App including its features and the Self-Care Content.

Sharing App Content

Users have the option to share achievements/badges to social media platforms/with others, using ‘share’ buttons provided on the App. Users are advised to do so at their discretion. When content is shared on external applications, websites, or social media platforms, such sharing is subject to the terms of service and privacy policies of such platforms. Users are encouraged to review such terms of service and privacy policies carefully to ensure that they remain in compliance with the same. ZEN-it is not responsible for any content or information shared by users on such external applications, platforms or websites.

Privacy and Data Processing

Our customers’ trust and security are important to us. We respect your privacy and handle your personal data in accordance with our Privacy Policy. By using the App, you consent to the collection, use, storage and processing of your information as described in the Privacy Policy. You can review the Privacy Policy and exercise your Privacy Choices under the Profile section in the App.

Privacy and Data Processing

Disclaimer of Warranty

The App is provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. We do not guarantee the accuracy, reliability, or availability of the App or its features.

Limitation of Liability

To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the App. Only where such limitations of liability are not permitted by law, they shall not apply.

Modification to these Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting of the modified Terms. We will make reasonable efforts to provide advance notification of any significant updates to the Terms, via email, push notifications, or through in-App notifications.

Termination

We reserve the right to terminate or suspend your access to the App, with or without cause, at any time and without prior notice. Users are entitled to terminate their accounts on the App and delete all associated data, subject to our legitimate business needs and any applicable laws requiring storage of any User data. Further details in this respect are available at the Privacy Policy, available in the Profile section and on our Website.

Governing law

These Terms shall be governed by and construed in accordance with the laws of the Republic of India without reference to conflict of laws principles. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in the Republic of India.