Terms & Conditions

1. Eligibility

You must be at least the age of majority in your jurisdiction, or otherwise have the permission of a parent or legal guardian where permitted by law, to use the Services.

2. Nature of the Services

Mellow by Sunshine Club provides digital wellness tools such as affirmations, journaling features, breathing exercises, calming exercises, and related content intended to support general well-being. The Services are for informational, educational, and self-guided wellness purposes only.

3. No Medical Advice; Emergencies

Mellow by Sunshine Club is not a medical device and does not provide medical advice, diagnosis, treatment, therapy, crisis counseling, or emergency services. Nothing in the Services is intended to diagnose, treat, cure, or prevent any disease or health condition. The Services are not a substitute for licensed medical, psychiatric, psychological, or other professional care. If you are experiencing a medical or mental health emergency, believe you may be in danger, or are considering self-harm, call local emergency services immediately or contact a qualified healthcare professional or crisis hotline in your area.

4. Accounts

You may need to create an account to access certain features. You agree to provide accurate information and keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us promptly of any unauthorized use of your account. We may suspend or terminate accounts that violate these Terms or present security, legal, or abuse concerns.

5. Your Content

You may create, upload, store, or submit content through the Services, including journal entries, notes, reflections, feedback, or other materials ("User Content"). You retain ownership of your User Content. However, by submitting or storing User Content through the Services, you grant us a limited, non-exclusive, revocable, worldwide license to host, store, process, reproduce, and display that User Content solely as necessary to operate, provide, secure, back up, and improve the Services for you. You are solely responsible for your User Content and represent that you have the rights necessary to submit it.

6. Acceptable Use

You agree not to:

• use the Services for unlawful, harmful, fraudulent, or abusive purposes;
• interfere with or disrupt the Services or servers;
• attempt to gain unauthorized access to accounts, data, or systems;
• copy, modify, distribute, sell, reverse engineer, or exploit the Services except as permitted by law;
• use the Services to infringe the rights of others;
• upload malicious code, spam, or content that is defamatory, obscene, threatening, or otherwise unlawful.

7. Subscriptions and Purchases

Certain features may require a paid subscription or one-time purchase. Pricing, billing cycle, and included features will be described at the point of purchase.

If you purchase a subscription through Apple App Store or Google Play:

• billing is handled by the applicable platform provider;
• subscriptions may automatically renew unless canceled before the renewal date, subject to the platform's rules;
• you must manage or cancel your subscription through your Apple or Google account settings;
• refunds, if any, are subject to the platform provider's policies unless otherwise required by law.

We may change subscription pricing or features prospectively as allowed by law and applicable platform rules.

8. App Store and Google Play Terms

If you download the app through the Apple App Store or Google Play, you acknowledge that:

• these Terms are between you and Kaviam Wellness Private Limited, not with Apple or Google;
• Apple and Google are not responsible for the Services, support, maintenance, or claims relating to the Services, except as required by applicable terms or law;
• your use of the app must comply with any applicable platform terms.

9. Intellectual Property

The Services, including all software, design, text, graphics, audio, video, branding, affirmations, breathing content, guided exercises, and other materials provided by us, are owned by or licensed to Kaviam Wellness Private Limited and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use.

10. Feedback

If you provide suggestions, ideas, or feedback about the Services, we may use them without restriction or compensation to you.

11. Termination

We may suspend or terminate your access to the Services at any time if:

• you violate these Terms;
• we are required to do so by law;
• your use presents security, legal, or operational risk; or
• we discontinue the Services.

You may stop using the Services at any time. If you want your account deleted, please follow the deletion instructions in our Privacy Policy.

12. Disclaimers

The Services are provided on an "as is" and "as available" basis to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, secure, or suitable for your particular needs, or that any content will always be accurate, complete, or available. Individual results from wellness practices vary. We do not guarantee any specific emotional, mental, physical, or behavioral outcome from using the Services.

13. Limitation of Liability

To the fullest extent permitted by law, Kaviam Wellness Private Limited and its affiliates, officers, employees, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses arising out of or related to your use of the Services. To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services will not exceed the greater of: (a) the amount you paid us, if any, in the 12 months before the event giving rise to the claim, or (b) USD 100 / local equivalent. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

14. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Kaviam Wellness Private Limited and its affiliates, officers, employees, and service providers from claims, liabilities, damages, losses, and expenses arising out of your misuse of the Services, your User Content, or your violation of these Terms or applicable law.

15. Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

16. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services will be resolved in the courts located in New Delhi, unless applicable law requires otherwise.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the Effective Date above and may provide additional notice where required by law. Continued use of the Services after the updated Terms take effect means you accept the revised Terms.

18. Contact Us

Kaviam Wellness Private Limited NGH-002, DLF New Town Heights, Sector 90, Gurugram, Haryana, India [email protected] sunshineclub.in