Terms of Service (Until July 14th, 2023)
NOTE: We published these Terms of Service on July 31, 2022 and they will take effect on August 2, 2022. The prior version of our Terms of Service can be accessed here.
Welcome to Hallow! Hallow, Inc.’s (“Hallow”, “we”, “us”) purpose is to provide guided prayer and meditation sessions to help us grow in our faith & spiritual lives and find peace in God. We do this through our website (“Site”), mobile applications (“App”), products and services (collectively, the “Services”).
Please read on to learn the rules and restrictions that govern your use of our Services. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Address: 231 S LaSalle, Suite 2100, Chicago, IL 60604
Please read these Terms carefully, and if you’re under 18, please make sure to read these Terms with a parent or guardian.They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You understand and agree that the Services and any other information you learn from Hallow are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical or psychiatric care. Not all activities described in the Services are suitable for everyone. You understand and agree that you are solely responsible for your use of the Services.
Changes to the Terms
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our Site, send you an email, and/or attempt to notify you by some other means. Unless we state otherwise, changes to our Terms are effective when posted.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. If you have a dispute with Hallow, the version of the Terms of Service in effect at the time Hallow received actual notice of the dispute will apply to such dispute.
Personal Data of Children
Using the Services
To access certain features of the Services, you may be required to sign up for an account (“Account”), select a password and user name (“Hallow User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Hallow User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf through our Parental Consent process). If you’re agreeing to these Terms on behalf of an organization or entity (“Enterprise Account Holder”, i.e. for parishes, schools, and other organizations), you represent and warrant that you are authorized to agree to these Terms on that Enterprise Account Holder’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that Enterprise Account Holder).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Hallow User ID, account or password with anyone, and you must protect the security of your Hallow User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Hallow User ID and Account.
If you create your Account and/or access the Services through an Enterprise Account Holder (for example, a school, parish or other organization), your access to the Paid Services (as defined below) may terminate automatically as defined in the terms of the Enterprise Account Holder’s agreement with Hallow. You may retain access to your personal Account and continue to use the Free Services (as defined below), or you may choose to upgrade your Account to continue using the Paid Services.
As part of the Services, you may receive communications through the Services, including messages that Hallow sends you (for example, via email or SMS). When signing up for SMS communications, you will receive a welcome message and instructions on how to stop receiving messages. You may opt out of receiving promotional emails by following the instructions in those emails or by contacting us at firstname.lastname@example.org. If you opt out of promotional emails, we may still send you transactional or administrative emails, e.g. emails about your Account or our ongoing business activities, including legal notices. With your consent, we may send promotional and other push notifications to your mobile device. You can turn off these notifications by changing the settings for push notifications on your device.
By signing up for the Services and providing us with your wireless number, you confirm that you want Hallow to send you communications that we think may be of interest to you, which may include Hallow using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Hallow, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Hallow.
You agree to indemnify and hold Hallow harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Restrictions in Use of the Services
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
- Infringes, misappropriates or violates the intellectual property rights or any other rights of anyone else (including Hallow);
- violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Hallow;
- is violent, dangerous, harmful, fraudulent, deceptive, threatening, harassing, discriminatory, defamatory, obscene, or otherwise objectionable;
- promotes illegal or harmful activities or substances;
- jeopardizes the security of your Hallow User ID, Account or anyone else’s (such as allowing someone else to log in to the Services as you);
- attempts, in any manner, to obtain the password, Account, or other security information from any other user;
- impersonates or misrepresents your identity or your association with any person or entity;
- identifies any individual (including by way or name, address, or a still picture or video) under the age of 18, or identifies any individual over the age of 18 without that person’s consent to being identified in exactly that way;
- uses the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- collects or stores any Personal Data from the Services from other users of the Services without their express permission;
- violates or attempts to circumvent the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content; or
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
- encourages or enables any other individual to do any of the foregoing.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Rights in the Services
The materials displayed or performed or available on or through the Services, including, but not limited to, audio and/or visual content, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws, including the Digital Millennium Copyright Act of 1998 (the “DMCA”). You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Hallow’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Hallow owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
Rights in User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. User Submissions include (i) private journal entries, mood checks or other entries that are not shared with anyone (“Private User Submissions”),(ii) journal entries, mood checks or group activities that are shared with a private group that are visible to the other group members (“Shared User Submissions”), and (iii) all other submissions, including feedback or suggestions you provide regarding the Services (“Feedback and Other Submissions”).
You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that violate the terms in the section entitled “Restrictions in Use of the Services.”
We are not responsible for the content of any User Submission, and we do not endorse any opinion contained in such User Submissions. We make no warranties or representations about any User Submission, including as to its accuracy or legality. We have the right to identify you to third parties who claim that their rights have been infringed by your Shared User Submissions.
We do not and are not obligated to review User Submissions, but we have the right to review User Submissions in the operation of the Services and complying with legal or regulatory requirements. Administrators (“Admins”) of private groups are responsible for reviewing Shared User Submissions, including those that may be flagged by other users, and in their discretion may delete Shared User Submissions that violate these Terms. We reserve the right to (at our sole discretion) remove, edit, or decline to post any Shared User Submission at any time and without notice. A violation of these Terms with respect to User Submissions is grounds for restriction and/or termination of your right to use or access the Services.
For all User Submissions, you hereby do and shall grant Hallow a license to modify (for technical purposes, for example to make sure your content is viewable on the App as well as the Site), aggregate, reproduce, and otherwise act with respect to such the User Submissions, in each case to enable us to operate the Services, as described in more detail below.
For Private User Submissions, you grant Hallow the license above, as well as a license to display, perform, and distribute your Private User Submission for the sole purpose of making that Private User Submission accessible to you and providing the Services necessary to do so.
For Shared User Submissions, you grant Hallow the license above, as well as a license to display, perform, and distribute your Shared User Submission for the sole purpose of making that Shared User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Shared User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
For Feedback and Other Submissions, you grant Hallow the license above, as well as a license to use, edit display, perform, distribute, create derivative works and fully exploit your Feedback in connection with our (and our successors’ and assigns’) businesses for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including without limitation, third party websites and feeds), including after the termination of your Account.
For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.
Certain features of the Services allow you to share information with others, including through your social networks. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others, including any social networks, you authorize Hallow to share that information with the applicable third party. Please review the policies of any third parties you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Finally, you understand and agree that Hallow, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Copyright Dispute Policy
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement.
We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Hallow’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper and Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Hallow’s Designated Agent at the following address:
Attn: DMCA Designated Agent
231 S LaSalle, Suite 2100, Chicago, IL 60604
Interactions on the Services
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for you having acquired or not acquired Content through the Services. We are not medical or psychiatric professionals and our Content is not a substitute for medical or psychiatric treatment. We encourage you to always seek professional medical or psychiatric help from qualified professionals when necessary. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Hallow. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Hallow is not responsible for such risks.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Hallow is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Hallow, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Changes to the Services
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), these legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to these Terms have been posted, that means you agree to all of the changes. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Subscriptions and Fees
- Free Services. Hallow offers a basic version of the Services free of charge (“Free Services”).
- Paid Services. Hallow offers certain Services, including enhanced functionality and content, that can be accessed through a paid yearly, monthly, family, or lifetime subscription to the Services (“Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
- Free Trials and Promotions. You may have access to the Paid Services for a limited period of time through a free trial. At times your access to the Paid Services may also begin with an initial discounted promotional period. Any free trial or other discounted promotion that provides access to a Paid Service must be used within the specified time of the trial or promotional period. If you are using a free trial of the Paid Services, we will notify you before the Paid Services you are using on a trial basis begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Paid Services. If you have a discount for the Paid Services during a promotional period, you must pay full price for the Paid Services after the promotional period has ended. Otherwise, you must cancel the subscription to the Paid Service before the end of a free trial or promotional period in order to avoid being charged full price after the free trial or promotional period has ended. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at email@example.com.
- Gift Cards. Gift cards for our Paid Services may be purchased on our Site or our App. The recipient of the gift card will redeem the gift card by signing up for a Paid Service. The value of the gift card will be applied to the recipient’s Paid Services until the gift card is fully redeemed. Thereafter, the recipient may continue using the Paid Services by applying an additional gift card or making the applicable monthly or yearly payment, or downgrade to our Free Services.
- Messaging. If you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
- Billing. We may use certain third-party payment processors such as Stripe, PayPal and Braintree (each a “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We encourage you to read the terms, conditions and privacy policies of the Payment Processors through which you purchase the Paid Services. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges, including any applicable taxes and fees, at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, App Store (as defined below) or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a first-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
- Change in Fees. We reserve the right to change our pricing terms at any time but we shall provide notice of the price increase and the date that it will become effective. Pricing changes will be effective only for renewal periods beginning after the effective date of the change as communicated to you. Any agreement you have with your payment provider will govern your use of your Payment Method.
- Auto-Renewal for Paid Services and Cancellation Process. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or cancel your Paid Services at any time, go to your account settings on the Site or on your App Store’s subscription settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly or annual basis, you must cancel the applicable Paid Service through your account settings or terminate your Hallow account before the end of the recurring term. IF you created your account through an App Store, you must cancel your subscription through the App Store. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Hallow is not obligated to refund (in full or on a prorated basis) any fees that you have already paid.
- Subscription and Gift Card Refunds. All sales of the Paid Services and Gift Cards are final. Any refunds or discounts are based on our discretion and are handled on a case-by-case basis. If you purchased the Paid Services through our Site, you may request a refund by sending your receipt from the Payment Processor to firstname.lastname@example.org, and if approved, we may provide you a direct refund. If you purchased the Paid Services through an App Store, you must contact the App Store directly to request a refund.
- Resolving Charge Disputes. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to dispute, cancel, reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Hallow by contacting us at email@example.com.
- Product Return Policy. Hallow may offer for sale certain products through the Services (the “Products”), which are fulfilled by third parties. If for any reason you are not satisfied with the Product you have purchased and you want to return the Product, please contact firstname.lastname@example.org within 30 days of the purchase date for information on how you may return eligible Products.
- Promotion Codes. No promotion code or offer provided by us may be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or previous free trial users of the Paid Services do not qualify as new users. Not every promotion code will be applicable to every Account. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the Paid Services, and any renewals will be charged at the rate in effect at the time of renewal for the Paid Services.
Termination of the Services
Hallow is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Hallow has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Unless you delete your Account, even if you are not actively using the Services and/or you have deleted the App from your device, your Account with us will remain open. Your Account can only be fully terminated if you choose to delete your Account in your Account Settings. Account termination may result in destruction of any Content associated with your Account, so keep that in mind before you decide to terminate your Account.
If you have deleted your account by mistake, contact us immediately at email@example.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Additional Terms for App Stores
You acknowledge and agree that the availability of our App and the Services is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.
Apple App Store Apps
These Terms apply to your use of all the Services, including our App available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the App:
- Both you and Hallow acknowledge that the Terms are concluded between you and Hallow only, and not with Apple, and that Apple is not responsible for the App or the Content;
- The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the App in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
- You acknowledge and agree that Hallow, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
- You acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Hallow, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Hallow acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and Hallow acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
From time to time Hallow may offer rewards or incentives for referring others to the Services. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Hallow nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Hallow. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated in the terms of the specific referral offer. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Hallow reserves the right to modify or terminate any special offers at any time, to make final determination as to referral offers and rewards, and to revoke from Referrer and Referee the special offer at Hallow’s discretion for any reason or for no reason whatsoever. If Hallow determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Hallow reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Hallow to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
Disclaimers, Limitation of Liability and Indemnity
Hallow and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Hallow and all such parties together, the “Hallow Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Hallow Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Hallow Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY HALLOW (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Hallow is not a healthcare or medical device provider, nor should our Services be considered medical advice. Any advice or other information that may be included in the Services are intended for convenience and informational purposes only. The Services are not intended to be a substitute or replacement for professional medical advice based on your individual circumstances. We are not liable or responsible for any consequences of your use of any advice or other information, as you assume full responsibility for your decisions and actions. While there is third party evidence that meditation can have a positive impact on health, we make no claim, representation, guarantee, or warranty that our Services provide a therapeutic benefit or to the accuracy, completeness, or suitability for any purpose of the advice or other materials associated with the Services. If you have existing mental health conditions, you should discuss with your health care provider before starting a meditation practice.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE HALLOW PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO HALLOW IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. The foregoing limitations do not apply where prohibited by applicable law. If you have not paid Hallow any amount in the 12 months immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Hallow is to stop using the Services and to delete your Account.
You agree to indemnify and hold the Hallow Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Hallow and limits the manner in which you can seek relief from Hallow. Both you and Hallow acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Hallow’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New Castle County, Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Hallow will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Hallow will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Hallow may assert claims, if they qualify, in small claims court in New Castle County, Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND HALLOW WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Hallow are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Hallow over whether to vacate or enforce an arbitration award, YOU AND HALLOW WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Hallow is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 231 S LaSalle, Suite 2100, Chicago, IL 60604 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Hallow to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Hallow agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New Castle County, Delaware, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Hallow.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Hallow’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Hallow may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Hallow agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Hallow, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Hallow, and you do not have any authority of any kind to bind Hallow in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Hallow agree there are no third-party beneficiaries intended under these Terms.