Terms of service

Last Updated: September 29, 2023

1. Introduction

This agreement is a legal contract between you ("you" or "user") and Kim Gerlach ("Tayo rituals," "we," or "us"). Tayo rituals provides a subscription-based platform offering content related to wellness rituals, accessible via the Internet. These terms of service govern your access to and use of our website, currently located at www.tayorituals.com, the Tayo rituals mobile application, and all related features, widgets, and content under the Tayo rituals brand, including but not limited to, any new features and applications (collectively, the "Tayo rituals Services").

By engaging with Tayo rituals Services in any way, you agree to abide by these terms of service. If you don't agree with these terms, you're not authorized to use Tayo rituals Services. These terms also include our privacy policy and any specific guidelines or policies related to Tayo rituals Services.

We reserve the right to update these terms at our sole discretion, with or without notifying you. The "Last Updated" date at the top of this document will indicate the most recent changes. Your continued use of Tayo rituals Services after any updates signifies your acceptance of the revised terms, so make sure to review them regularly.

None of the information or teachings provided by Tayo rituals Services should replace professional medical or mental health advice. Always consult a qualified medical professional for any health-related concerns.

Tayo rituals Services are not intended for individuals under the age of 13. Any Tayo rituals Services designed for children should only be used by adults when engaging with children or teaching them wellness rituals. If you're under 13, you can only use these specific services under adult supervision, and the supervising adult must agree to these terms. If you're between 13 and the legal age of majority in your jurisdiction, you may use Tayo rituals Services only if a parent or legal guardian agrees to these terms.

Tayo rituals Services are also not accessible to anyone previously banned from using them or restricted under U.S. law or any other applicable jurisdiction.

BY USING TAYO RITUALS SERVICES, YOU AGREE TO THE MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER PROVISIONS OUTLINED IN SECTION 9 OF THESE TERMS OF SERVICE.

2. Membership

Subscription

Your subscription to Tayo rituals will remain active and automatically renew until you decide to end it. To use Tayo rituals Services, you'll need Internet access, a compatible device, and a valid payment method. We'll charge the payment method you provide for your ongoing subscription. To avoid being billed for the next cycle, you must cancel your subscription before it renews. Your bill will include the subscription fee along with any applicable taxes. Additional charges from third parties may apply if you're using Tayo rituals Services on a mobile device.

Free Trial

Tayo rituals Services may offer a free trial period at our sole discretion. We may limit the eligibility or duration of free trials to prevent abuse. We reserve the right to end any free trial at our discretion. Once your free trial expires, we may automatically charge you the subscription fee. You can check the subscription price through the App store, Google play store, or the Tayo rituals website, wherever you bought your subscription.

Account

To subscribe, you'll need to create a user account and provide us with certain information like your email address or Apple ID. You're responsible for keeping this information confidential. Ensure that the details you provide are accurate and up-to-date. Your account is personal to you, and you can't sell, share, or grant access to it to anyone else.

Cancellation

You can cancel your Tayo rituals subscription anytime via the settings on our website, your Apple subscriptions, or your Google Play subscriptions. After cancellation, you'll still have access to Tayo rituals Services until the end of your current subscription period. Refunds are offered at our discretion and never guaranteed.

Communication Preferences

By subscribing, you agree to receive communications from us via email. If you wish to opt out of our promotional emails, you can click the unsubscribe link in the email or contact us directly. You acknowledge that any terms, agreements, notices, or disclosures we send you electronically meet any legal requirements that such communications would satisfy if in writing.

3. Content and Licensing

All content available through Tayo rituals Services, including but not limited to design elements, graphics, text, audio, images, videos, software, and the arrangement thereof ("Content"), is the exclusive property of Tayo rituals or our licensors and is safeguarded by intellectual property laws. Provided you adhere to these terms of service, you're granted a limited, non-exclusive, non-transferable, and revocable license to access and use Tayo rituals Services strictly for your personal, non-commercial purposes.

You won't acquire any ownership rights in the Content or Tayo rituals Services by agreeing to these terms or through any other means. Displaying or posting any Content doesn't imply a relinquishment of any rights related to that Content. All rights to the Content are retained by their respective copyright holders.

Unless explicitly permitted by these terms or within Tayo rituals Services, you're not allowed to copy, distribute, display, perform, publish, or create derivative works from any part of the Content. Tayo rituals permits you to view and download the Content solely for your personal, non-commercial use, as long as you maintain all original copyright and proprietary notices.

You may not alter the Content or use it for public or commercial activities. The trademarks, service marks, trade names, and logos ("Marks") displayed on Tayo rituals Services are the exclusive property of Tayo rituals and/or our licensors. These Marks may not be copied, mimicked, or used, either partially or entirely, without prior written consent from Tayo rituals or the respective owners.

You're not allowed to reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, or translate into any language or computer language any of the Content. Additionally, you can't retransmit it in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise) without explicit written permission from Tayo rituals or its licensors.

You're also prohibited from engaging in activities that could harm, interfere with, or expropriate any system, data, or personal information related to Tayo rituals Services. This includes, but is not limited to, hacking or disrupting the functionality of any computer software, hardware, or telecommunications equipment. The use of any automated devices or methods to access, acquire, copy, or monitor any part of Tayo rituals Services is strictly forbidden. We reserve the right to block any such activities.

You're welcome to link to Tayo rituals Services from your website, blog, app, or other platforms, under the following conditions: (a) The link must direct the user straight to Tayo rituals Services when clicked. (b) No intermediate pages or content should be inserted between the link and Tayo rituals Services. (c) The link must not imply that Tayo rituals or any individuals featured in Tayo rituals Services endorse or promote your or any third party's products, sites, apps, platforms, or services. (d) Tayo rituals Services or any part thereof should not be used for commercial purposes. (e) The link must not be used in a manner that is unlawful or harmful to any individual or entity.

Should you breach any of the terms outlined in this agreement, we reserve the right to suspend or terminate your access to Tayo rituals Services at our discretion. Tayo rituals will vigorously enforce its intellectual property rights to the maximum extent permitted by law.

Occasionally, you may offer us your thoughts, suggestions, or ideas for improvements, including new functionalities, materials, and other content ("Contributions"). Tayo rituals shall possess the unrestricted right to utilize, integrate, and exploit any such Contributions for any purpose, whether commercial or otherwise, without any obligation for notice, acknowledgment, or compensation to you.

We are committed to respecting the intellectual property rights of others. If you suspect that your intellectual property rights have been infringed upon by Tayo rituals Services, please forward a takedown request to our support email. Your request should include: (i) a digital or physical signature of the individual authorized to represent the copyright owner; (ii) a detailed description of the copyrighted material you allege has been violated; (iii) the specific location within Tayo rituals Services where the alleged infringement occurs; (iv) your contact information, including address, phone number, and email; (v) a written declaration affirming your good faith belief that the disputed usage is not sanctioned by the copyright owner, its agent, or the law; and (vi) a sworn statement confirming the accuracy of the information provided in your notice and affirming your authority to act on behalf of the copyright owner.

BE ADVISED: Under federal law, knowingly making false claims of online copyright infringement may expose you to criminal charges for perjury, as well as civil penalties, including financial damages, court costs, and legal fees.

4. External websites

As part of the Tayo rituals Services, we may offer links to websites operated by third parties for your convenience. By clicking on these links, you'll exit Tayo rituals Services and engage solely with these external sites. You acknowledge that Tayo rituals bears no responsibility or liability for the content, products, or services available through these third-party sites. Your interaction with these sites is at your own risk and discretion. Tayo rituals is not accountable for the legality, accuracy, or any other aspect of the content or functionality of such external resources.

5. Disclaimer

THE SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE," AND YOUR USE OF THEM IS ENTIRELY AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND YOUR USE OF THEM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO CLAIMS OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT ON THE SERVICES OR ANY LINKED SITES OR APPS. WE ARE NOT LIABLE FOR (1) ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND THE PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTIONS IN OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY MALWARE, VIRUSES, OR SIMILAR ISSUES THAT MAY BE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY, OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USING ANY CONTENT POSTED OR MADE AVAILABLE THROUGH THE SERVICES. WE DON'T ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING. WE ARE NOT RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. EXERCISE CAUTION AND USE YOUR BEST JUDGMENT WHEN INTERACTING WITH THE SERVICES.

6. Limitation of liability

UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, RESULTING FROM YOUR USE OF THE SERVICES. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY CONTRARY PROVISIONS HEREIN, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE FORM OF ACTION WILL BE LIMITED TO THE LESSER OF THE AMOUNT YOU HAVE PAID TO US, IF ANY, OR THE MINIMUM AMOUNT PERMITTED BY LAW.

SOME JURISDICTIONS, INCLUDING CERTAIN US STATES AND INTERNATIONAL LAWS, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT BE APPLICABLE, AND YOU MAY HAVE ADDITIONAL RIGHTS.

7. Indemnification

You commit to defend, indemnify, and absolve us—including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees—from any loss, damage, liability, claim, or demand, including reasonable legal fees and costs, brought forth by any third party due to or arising from: (1) your utilization of the Services; (2) your violation of these Terms and Conditions; (3) any breach of the representations and warranties you've provided in these Terms and Conditions; (4) your infringement of any third-party rights, including intellectual property rights; or (5) any deliberate harmful action you take against another user of the Services whom you've interacted with through the Services. Despite the above, we retain the right, at your cost, to take on the exclusive defense and management of any matter that you are obligated to indemnify us for, and you agree to collaborate, at your own expense, with our defense against such claims. We will make reasonable efforts to inform you of any claim, action, or proceeding subject to this indemnification clause as soon as we become aware of it.

8. Binding arbitration

Any disagreements or disputes that arise from or relate to these Legal Terms, including questions concerning their formation, legitimacy, or termination, shall be conclusively settled by the International Commercial Arbitration Court under the jurisdiction of the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146), in accordance with the Rules of the ICAC. These Rules are hereby incorporated into this clause. A single arbitrator shall preside over the proceedings. The venue for arbitration shall be Berlin, Germany, and the language used during the proceedings shall be German. The governing law for these Legal Terms shall be the substantive law of Germany.

Limitations

Both Parties concur that any arbitration will be confined to the Dispute solely between the Parties. In accordance with applicable law, the Parties agree that: (a) the arbitration will not be consolidated with any other proceedings; (b) neither Party has the right or authority to arbitrate the Dispute as a class action or to employ class action procedures; and (c) neither Party has the right or authority to initiate the Dispute in a supposed representative capacity on behalf of the general public or any other individuals.

Exclusions from Informal Negotiations and Binding Arbitration

The Parties mutually acknowledge that the following categories of Disputes are exempt from the aforementioned stipulations regarding informal negotiations and binding arbitration: (a) any Dispute aiming to validate, enforce, or protect any of the Parties' intellectual property rights; (b) any Dispute stemming from or related to allegations of theft, piracy, privacy invasion, or unauthorized usage; and (c) any claims seeking injunctive relief. Should any part of this provision be deemed unlawful or unenforceable, then neither Party shall opt for arbitration for any Dispute falling under that portion found to be unlawful or unenforceable. Such Dispute shall instead be resolved by a court of competent jurisdiction as specified in the jurisdiction clauses above, and both Parties consent to submit to the personal jurisdiction of that court.

9. Corrections and adjustments

The Services may contain typographical mistakes, inaccuracies, or omissions, encompassing but not limited to product descriptions, pricing, availability, and other relevant details. We retain the right to rectify such errors, inaccuracies, or omissions and to modify or update the information contained in the Services at any given time, without issuing prior notice.

10. Usage guidelines; termination of access

You consent to utilize the Tayo Rituals Services solely for lawful activities and acknowledge that you are the only one accountable for your engagement with the Tayo Rituals Services.

You also agree to access the Tayo Rituals Services exclusively through the interface that we have provided or approved.

If you submit any information that is inaccurate or misleading, or if we have reasonable grounds to believe that such information is not truthful, we reserve the right to restrict your access to the Tayo Rituals Services.

You confirm that you are not accessing the Tayo Rituals Services from any jurisdiction where doing so would be unlawful. If you are using the Tayo Rituals Services from outside Germany, you do so at your own discretion and are responsible for adhering to all applicable laws.

This Agreement can be terminated by Tayo Rituals at its discretion at any given time. You also acknowledge that Tayo Rituals has the right to suspend or terminate your access to its services without prior notice, based on any behavior that Tayo Rituals, in its sole judgment, deems to be in violation of this Agreement, any applicable laws, or detrimental to other users or Tayo Rituals and its Associated Entities. You can also terminate this Agreement at any time, on the condition that you cease all further usage of Tayo Rituals Services and delete any downloaded materials.

Tayo Rituals retains the right to alter or cease the services, either temporarily or permanently, at any time and with or without notice. Unless explicitly stated otherwise in these terms of service, you agree that Tayo Rituals and its Associated Entities bear no liability to you or any third party for any changes, suspensions, or discontinuations of the services.

11. Mobile services

The following terms apply to users of the Tayo Rituals mobile application ("the App"). Utilizing the App necessitates a mobile device and a wireless data service, both of which you must acquire from your respective service providers. Additionally, internet access may be required, which is also your responsibility to obtain. All costs associated with these services, including any usage fees, are your responsibility. You may also be obligated to send and receive electronic communications related to the App, such as administrative messages, service updates, and diagnostic reports, from Tayo Rituals, your mobile carrier, or a third-party service provider, all at your own expense. If your data plan isn't unlimited, additional charges may be incurred from your wireless service provider for using the App.

You alone are responsible for any additional subscriptions, connectivity services, or equipment needed to access the App, including all associated third-party fees.

We make no guarantees that the App will be compatible with your network provider or device. You acknowledge that updates to the App may be issued and that installing such updates may be necessary for the App to function correctly. Exporting any of our mobile applications must comply with all relevant laws.

App Store app

The following terms are applicable if you download the Tayo Rituals App from Apple Inc.'s ("Apple") App Store. You understand that this agreement is solely between you and us, not Apple. Apple has no responsibility for the App or its content. Your use of the App must align with the App Store's Terms of Service or other relevant terms. Apple is under no obligation to provide maintenance or support services for the App. If the App fails to meet any warranty standards, you can notify Apple, and they may refund the purchase price, if applicable. Beyond that, Apple has no other warranty obligations.

You understand that Apple is not responsible for addressing any claims you or a third party might have relating to the App or your use of it. This includes, but is not limited to, product liability claims, claims that the App fails to meet legal or regulatory standards, and claims under consumer protection laws. All such claims are governed by this agreement and any laws applicable to us as the App provider.

Lastly, if there's a claim that the App or your use of it infringes on third-party intellectual property rights, we, not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such claims as required by these terms.

You affirm that (a) you're not in a country under a U.S. government embargo or identified by the U.S. government as a "terrorist-supporting" country, and (b) you're not on any U.S. government list of banned or restricted parties.

You and Tayo Rituals recognize that Apple and its subsidiaries are third-party beneficiaries of this agreement. By accepting these terms, you agree that Apple has the right to enforce this agreement against you as a third-party beneficiary.

Google Play app

If you download the App from Google Play, managed by Google, Inc. ("Google"), please note that this agreement is exclusively between you and Tayo Rituals, not Google. Google holds no accountability for the App or its content. Your use of the App must align with Google Play's Terms of Use or any other terms relevant to the App's use. You acknowledge that Google has no obligation to offer maintenance or support services for the App. To the fullest extent allowed by law, Google has no warranty responsibilities concerning the App. Any issues related to the App's failure to meet any warranty will be regulated by this agreement and any applicable laws governing Tayo Rituals as the App's provider.

12. Additional terms

Severability: Should any part of this Agreement be found illegal, void, or unenforceable by a court with proper authority, the rest of the Agreement will remain in effect, unaffected by the invalidated provision.

Complete Agreement: This Agreement, along with the Privacy Policy and any other policies included, represents the full and exclusive agreement between Tayo Rituals and you. It replaces all previous or concurrent agreements, understandings, warranties, whether written or spoken, concerning this Agreement or the Tayo Rituals Services.

Non-Waiver: If Tayo Rituals or its Affiliated Parties don't enforce a specific term in this Agreement, it doesn't mean we're waiving our right to do so later. Non-enforcement of any term at any time doesn't limit our right to enforce it or any other term in the future

13. Contact information

Should you have any inquiries, remarks, or issues concerning this Agreement or the Tayo Rituals Services, you are encouraged to reach out to us at support@tayorituals.com. We shall endeavor to resolve any matters expeditiously and to the best of our capabilities.

Kim Gerlach

Karl-Marx.Str. 16

15537, Grunheide (Mark)

Germany