1. GENERAL. PRODUCTS
Any information, content and reference materials published here are intended solely for your generalinformation. It is not to be used for diagnostic or treatment purposes or claims to prevent or cure anymedical or psychological condition.You have been advised by Innovibe and acknowledge that Innovibe’s frequency tracks based onHomeopathic and holistic principles (“Products”) are not homeopathic drugs, or any drug, or medicaldevice, or Food Supplement (VMS) and are not intended to substitute any medical treatment or the useof any medications, over-the-counter drugs, or other drugs and have not been evaluated or approved byany regulatory authority and are not intended to diagnose, treat, cure or prevent any disease or medicalcondition. Innovibe makes no statement or claim whatsoever concerning effects from use of theProducts. The Products are not created and shall not be used to achieve certain result or goal.Neither this Platform or any content in it, nor the Products constitute an attempt to practice medicine,be therapeutic or provide medical advice. Use of the Platform does not establish a doctor-patientrelationship.
You have been advised and consulted by a qualified Practitioner prior to entering andregistering an account, provided however that Innovibe does not undertake any liability in relation to theinformation you have received by the Practitioner As a general statement we advise you to consultqualified practitioners authorized and qualified to practice as Homeopathic, Bach Registered Practitioneror any other authorized practitioner.While the Platform attempts to be as accurate as possible, it should not be relied upon as beingcomprehensive or error-free. Innovibe does not guarantee 100% accessibility at any time and across alldevices but will make all efforts to ensure availability of its internet services.The use of the Products does not require any specific software or program, except for internet access.You may have access to the Products through your account using computer or mobile device.Once purchased, the Products will be accessible for you for a period and number of plays indicated in thedescription and as per the decision by the Practitioner.
Unless expressly notified to you, Innovibe will notmake any changes or updates of the Products after the time of Purchase.Upon purchase you expressly acknowledge that the characteristics of the Products do not allow for atrial, nor for a refund or decrease of the price. Upon purchase you will access the Products and aretherefore not entitled to cancel a purchase.Testimonials as appear in the Platform are not and should not be intended to represent or guaranteethat you will achieve the same or similar results.
2. PURCHASING.ACCOUNT
2.1. Purchase of the Products through this Platform must comply with the terms and conditions setforth herein.
2.2. The Products are accessible through the Platform. In order to acquire access to the Products youwill need to create an account, as entered by a Practitioner. It is your responsibility to ensure thatany Personal data (as defined below) you or your Practitioner supply to us while creating anaccount is accurate and complete and that all ordering or registration details (where applicable)contain your correct name, email address and other requested details. Please refer to our PrivacyPolicy below for further information regarding how we deal with your Personal data.
2.3. The platform utilizes basic audio streaming technology and does not require specific software. Itdoes require the ability to listen to audio files via speakers or preferably earphones. You are alsoresponsible for ensuring that your computer system or mobile device meets all relevant technicalspecifications necessary to use the Products.
2.4. Your account will be created on the basis of relations between you and a Practitioner. Innovibe isnot involved in these relations. Once the account is created the Practitioner will determine theProducts to be purchased by you and their streaming schedule. Innovibe is not involved in theprocess. If you do not confirm the creation of an account all your data will be erased after a setperiod. Should you have any questions relating the characteristics of the Products you shouldaddress the Practitioner.
2.5. Upon confirmation of your account (by you) and signing in you will be entitled to see the Productsas chosen by the Practitioner. You will become a client on the Platform (“Client”).
2.6. The payment for the Product(s) shall be made be made using a payment gateway provider (cardpayment). Further details are provided in section 3 hereunder.
2.7. Payment is due at the time of purchase. Prices and payment terms displayed on the Platform (ifdisplayed) may be changed according to Innovibe’s full discretion before an order is placed. Alllocal applicable taxes will be incorporated in your purchase and are included in the Productprices, as shown on the Platform.
2.8. After the full purchase price is paid Innovibe will activate the Product on your personal account,thus making the selected content accessible to you. If your order is accepted Innovibe will sendyou a confirmation email to the email address you have provided us whereby you will completethe registration and enter a password of your choice. If you do not receive the confirmation by 3hours following successful payment, please contact us.
2.9. Innovibe reserves the right in its sole discretion to refuse any purchase submitted through thePlatform. If a purchase is refused there will be no payment charges for you.
2.10. You agree that the account created hereunder is solely for your personal use. Therefore, youundertake to protect your login details and personal password from compromising and disclosureto any third party. Innovibe is entitled to block a user account, especially when we suspect thatthe login details or personal password have been compromised to a third party or that a youmade the Product available to third parties.
3. PRIVACY POLICY
3.1. Innovibe is committed to protecting your privacy. This privacy policy (“Privacy Policy”) describeshow we may use and collect information about you.
3.2. When accessing the Platform, registering an account, purchase and use the Products Innovibe willcollect information that may identify you. Innovibe also collects your data when you register for“contact us” or participate in surveys. Innovibe may also collect data through the use of cookiesor other similar technologies.
3.3. Innovibe may collect personally identifiable information about you, such as your full name, phonenumber, email address, date of birth or other data collected that could directly or indirectlyidentify you when you register for an account (“Personal data”). Depending on where you live,the definition of Personal data under local data protection laws in your region may differ. ThisPrivacy policy applies to all types of personal data as defined by the local data protection lawsthat apply to you.
3.4. If you choose to purchase a Product from Innovibe its third-party payment processing companywill collect your payment information. Such third-party payment processing company has its ownprivacy policy.
3.5. Innovibe collects your Personal data and use it
● to administer and provide the Products to you (through your account);
● to manage purchase transactions;
● to respond to your requests and provide information about the Products;
● to send you marketing information;
● for Customer Relationship Management
● to conduct users’ surveys, researches, as well as to publish and disclose testimonials
3.6. Innovibe will use or process your Personal data if the use or processing is permitted by theapplicable data protection laws. It can also be understood that there shall be a “legal basis” forthe use or processing of your Personal data. The legal bases that Innovibe may rely on to processyour personal data include:
3.6.1. Performance of a contract, i.e. to perform our contractual obligations with you under apurchase of Products.
3.6.2. Consent, as certain Personal data is provided by you and used and processed by Innovibeon the basis of your explicit consent. Please note that if you provide your consent, youmay always withdraw it or change your preferences.
3.6.3. Legitimate Interests, in particular for administering, operating, maintaining and securingthe Platform, providing the Products to you and communicating with you to manage ourinteractions.
3.7. Innovibe only retains your Personal data collected from you for as long as your account is activeor otherwise for a limited period as long as Innovibe needs it to fulfill the purposes for whichInnovibe has initially collected it, unless otherwise required by law. Innovibe will retain and useyour Personal data as necessary to comply with our legal obligations. Please note that Innovibemay use statistical anonymized information for marketing and other purposes for unlimitedperiod. If you have given us your consent to send you marketing, commercial and related types ofcommunications, we will keep your data until you withdraw your consent to receive thesecommunications or until we no longer send these types of communications. If you no longer wishto use our Products or are no more interested in our services, you may opt out of them and/orcancel your account.
3.8. Your Personal data you have provided to Innovibe’s third-party payment processing company maybe retained by such third-party payment processors. Please visit the site of the payment gatewayprovider to understand how they process your data for the purpose of payment.
3.9. You have the right to request access to the information and data we have on you. You can do thisby contacting us at info@Innovibe.life. Upon request Innovibe will make sure to provide you witha copy of the data we process about you. To comply with your request, we may ask you to verifyyour identity. We will fulfil your request by sending your copy electronically unless the requestexpressly specifies a different method. For any subsequent access request, we may charge you anadministrative fee.
3.10. If you believe that the information, we have about you is incorrect, you are welcome to contact usso we can update it and keep your data accurate. If at any point you wish to delete theinformation about you, you can simply contact us at info@Innovibe.life
3.11. In case you are a citizen in the European Union (EU) or the countries of the Economic Area (EEA)please note that Innovibe complies with the requirements of Regulation 2016/679 for Protectionof natural persons with regard to the processing of personal data and on the free movement ofsuch data, and repealing Directive 95/46/EC (GDPR) regarding the collection, use and retention ofpersonal data from EU member countries and EEA. Innovibe has certified that it adheres to therequirements of notice, choice, onward transfer, security, data integrity, access, and enforcement.
3.12. Your Personal data may be stored and processed on a global basis in places in which Innovibe, orits subsidiaries, affiliates or service providers maintain facilities. The servers of the Platform arecurrently located in EU member states. Innovibe may transfer your Personal data to affiliatedentities, or to other third parties – Innovibe service providers across borders and from yourcountry or jurisdiction to other countries or jurisdictions around the world. If you are in the EU orEEA or other regions with laws governing data collection, please note that Innovibe will nottransfer your Personal data to a country and jurisdiction that does not have similar dataprotection laws as your jurisdiction. Any third party is restricted from using your personal data inany way other than to provide services for us and we require them to provide an adequate levelof protection for your personal data.
3.13. Innovibe does its best to keep Platform safe but cannot guarantee it. To help Innovibe keep thePlatform safe, you must keep the following commitments:● do not share your user ID, password or code with anyone else;● do not post unauthorized commercial communications (such as spam) on Platform;● do not upload viruses or other malicious code;● log off the Platform when you are finished;● take customary precautions to guard against “malware” (viruses, Trojan horses, bots, etc.), forexample by installing and updating suitable anti-virus software;● do not facilitate or encourage any violations of our policies.
3.14. If you have reason to believe that your interaction with the Platform is no longer secure (forexample, if you feel that the security of your account has been compromised), please contact usimmediately at info@Innovibe.life
3.15. Innovibe may use "cookies" or similar instruments on the Platform to store personal data on yourcomputer. A cookie is a small file which asks permission to be placed on your computer’s harddrive or mobile device. Once you agree, the file is added, and the cookie helps analyze web trafficor lets you know when you visit a particular site. Cookies allow web applications to respond toyou as an individual. The web application can tailor its operations to your needs, likes and dislikesby gathering and remembering information about your preferences.Overall, cookies help us provide you with a better Platform experience, by enabling us to monitorwhich pages you find useful and which you do not. A cookie in no way gives us access to yourcomputer or mobile device You can choose to accept or decline cookies, as well as adjust yourpreferences from time to time. You may also decline the use of cookies.Without your consent we may use only cookies that qualify as necessary. If you choose to declinethis type of cookies you may be prevented from the functionalities of the Platform, including topurchase the Products. More information on the type of cookies we use is available at illow.ioMost web browsers automatically accept cookies, but you can usually modify your browsersetting to decline cookies if you prefer. This may prevent you from taking full advantage of thePlatform.
3.16. We reserve the right to modify this Privacy Policy at any time. If we decide to change our PrivacyPolicy, we will post those changes on this page and any other places we deem appropriate withthe revised date. You should check this page from time to time to ensure that you are happy withthe changes.
3.17. To help protect your privacy, be sure not to share your user ID, code or password with anyoneelse, log off the Platform when you are finished and take customary precautions to guard against“malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitableanti-virus software.
3.18. Additional information on data protection is published in the Privacy Notice that shall beconstrued as an integral part of this Terms of Use. By continuing to use this Platform and therebyaccepting these Terms of Use, you agree to the processing and disclosure of the personal data asstated herein and in the Privacy Notice.
3.19. I understand that the communication of the Practitioner with the Client through the Platform isprivileged and confidential, whereby neither Innovibe, nor a third party will have access to it. Toemphasize, Innovibe does not take any responsibility for the content of the communication.Innovibe also recommends that active measures be taken by the Practitioner and Client to ensuremessage transmission and reception, in case of time critical or other important communication.
4. SECURE PAYMENT POLICY
All payment transactions are processed immediately with the payment gateway provider. Thepayment page is hosted by the provider and is secured according to their policies. The card detailsyou enter will not be stored or cached by Innovibe – but entered directly into the paymentgateway provider. You will receive confirmation of transaction approval or decline before beingreturned to the Platform. The payment provider may restrict payment from certain territories andjurisdictions or for other reasons. If your payment is rejected refer to the payment gateway forinformation.All prices in the Platform will be displayed in EUR. Upon payment your card will be charged in EURunless otherwise stated. Please consult your bank / card issuer to understand possible terms ofcurrency conversion and fees for payment. Payment should be upon the Product order.
5. TYPOGRAPHICAL ERRORS
In the event that any Product available on the Platform is mistakenly listed at an incorrect price,Innovibe reserves the right to refuse or cancel any orders placed for Products listed at theincorrect price, whether or not the order has been confirmed and your payment approved. If yourpayment has already been charged for the purchase and your order is cancelled, Innovibe willissue reimbursement to your payment account in the amount of the incorrect price.
6. CONTENT
6.1. Unless otherwise specified, all content and materials published on this Platform are presentedsolely for your private, personal, and non-commercial use.
6.2. We have made reasonable effort to ensure that the Platform complies with the applicable laws.Nevertheless, we make no representation that the materials on this Platform are appropriate oravailable for use in all locations worldwide. Those who visit our Platform do so on their owninitiative and are responsible for compliance with all applicable laws. If use of this Platform andviewing of it, or use of any material or content on the Platform or services, or products offeredthrough the Platform are contrary to or infringe any applicable law in your jurisdiction(s), you arenot authorized to view or use of the Products /services and/or the Platform and you must exitimmediately.
6.3. You must satisfy yourself that you are lawfully able to purchase the Products.
7. User Content and Comments
7.1. Certain parts of Platform offer the opportunity for members to post and exchange opinions,information, audio, video, text, images, data, or other material (“Comments”). We do not screen,edit, publish, or review Comments prior to their appearance on the Platform and Comments donot reflect Innovibe’s views or opinions. Comments reflect the view and opinion of the personwho posts such view or opinion. To the extent permitted by applicable laws, we shall not beresponsible or liable for Comments or for any loss cost, liability, damages, or expenses caused andor suffered as a result of any use of and/or posting of and/or appearance of Comments onPlatform. We may, but have no obligation to, monitor, edit or remove Comments that wedetermine as inappropriate, unlawful, offensive, threatening, libelous, defamatory, pornographic,obscene, or otherwise objectionable or violates any party’s intellectual property or these Termsof Use.
7.2. You warrant and represent that:
● You are entitled to post Comments on Platform and have all necessary licenses and consentsto do so;
● Comments do not infringe on any intellectual property right, including without limitationcopyright, patent or trademark, or other proprietary right of any third-party;
● Comments do not contain any threatening, libelous, defamatory, obscene, offensive, indecentor otherwise unlawful material or material which is an invasion of privacy or computer virusesor other malware that could in any way affect the operation of Platform and/or Services;
● You are solely responsible for Comments and their accuracy;
● Comments will not be used to solicit or promote business or custom or present commercialactivities or unlawful activities.
7.3. We take no responsibility and assume no liability for any comments posted by you or any thirdparty.7.4. By submitting your Comments to the Platform, you hereby grant us a non-exclusive, worldwide,irrevocable, royalty-free license to use, reproduce, adapt, publish, post, authorize others to use,translate and distribute it in all forms, formats, or media.
8. Indemnification
You hereby undertake to indemnify Innovibe and/or its officers, directors, partners, employees,agents, contractors, subcontractors, suppliers, and affiliates from and against any and allliabilities, costs, demands, causes of action, damages and expenses (including reasonable legalfees) arising out of or in any way related to your breach of any of the provisions of these Terms ofUse or the documents they incorporate by.
9. RESTRICTIONS
You are restricted from all the following:● submit false or misleading information;● using the Platform to engage in any advertising or marketing;● use the Platform in any way that impacts user access to Platform;● use the Platform in any way that is, or may be, damaging to Platform;● use the Platform for any unlawful purpose;● use the Platform to solicit others to perform or participate in any unlawful acts;● use the Platform contrary to applicable laws and regulations, or in a way that causes, or maycause, harm to Platform, or to any person or business entity;● to infringe upon or violate Innovibe intellectual property rights or the intellectual propertyrights of others;● use Platform to harass, abuse, insult, harm, defame, slander, disparage, intimidate, ordiscriminate based on but not limited to gender, sexual orientation, religion, ethnicity, race,age, national origin, or disability;● upload or transmit viruses or any other type of malicious code that will or may be used in anyway that will affect the functionality or operation of Platform, other Platforms, or theInternet;● engage in any data mining, data harvesting, data extracting or any other similar activity inrelation to the Platform, or while using the Platform.
10. INTELLECTUAL PROPERTY
10.1. The copyright in the Products and all material on the Platform is solely and exclusively held byInnovibe or licensed to Innovibe by a lawful third party. Brand names and trademarks, if theyappear on the Platform, belong to their respective owners.10.2. Except as expressly authorized by Innovibe or relevant third parties, you agree not to duplicate orcopy, download, archive or modify, rent, sub-license, lease, loan, sell, distribute, or createderivative works of any content of the Platform, in whole or in part.
11. NON-EXCLUSIVE LICENSES
11.1. Innovibe grants you a limited, revocable, and non-exclusive license to access and make personaluse of the Platform and its content. This limited license does not include the right to: (I) modify ordownload the Platform or content (except as necessary to view the Platform); (ii) make any useof the Platform or its content other than personal use; (iii) create any derivative work based uponeither the Platform or its content; (iv) use any meta tags or other “hidden text “utilizing ournames or Innovibe Trademarks or to otherwise use the Trademarks; or(v) use software robots,spiders, crawlers, or similar data gathering and extraction tools, or take any other action that mayimpose an unreasonable burden or load on our systems.11.2. Innovibe also grants you a limited, revocable, and non-exclusive license to create a hyperlinkto the Platform for personal, non-commercial use only.11.3. Any unauthorized use by you of the Platform terminates the limited licenses set forth in thissection without prejudice to any other remedy provided by applicable law or these terms andconditions.
12. LINKED SITES
Innovibe makes no representations whatsoever about any other Platforms which you may accessthrough the Platform, or which may link to the Platform. Any other Platform is independent fromour Platform and Innovibe has no control over the content or availability of that Platform. A linkto any other Platform does not constitute our endorsement or our acceptance of anyresponsibility for the content, or the use of, such Platform. So far as permitted by law, Innovibe isnot liable for any loss or damage caused or alleged to be caused by or in connection with use ofor reliance on any contents, goods, or services available on or through any other Platform orresource. Any concerns regarding any external link should be directed to its Platformadministrator or web master.
13. AVAILABILITY
Innovibe does not guarantee 100% accessibility at any time and across all devices but will makeall efforts to ensure availability of its internet services. Innovibe does not guarantee that thePlatform will operate continuously or without interruptions or be error free. Innovibe accepts noliability for the unavailability of the Platform. You may not attempt to interfere with the properworking of the Platform, nor may you attempt to circumvent security, tamper with, hack into, orotherwise disrupt any computer system, server, Platform, router, or any other Internet connecteddevice.
14. LIABILITY
14.1. For any Product you purchase from the Platform, Innovibe warrants that it has the right to sell theProduct and that the product will correspond with the description it has provided.
14.2. We will make reasonable efforts to ensure that all materials and information published on thisPlatform are accurate. However, all content, materials and information on the Platform areprovided on an “as-is “basis and you assume total responsibility and risk for your use of ourPlatform and use of any information contained within it.
14.3. So far as permitted by law, Innovibe accepts no liability for any indirect or consequential loss ordamage, or for any loss of data, profit, revenue, or business (whether direct or indirect) in eachcase, however caused, even if foreseeable. In the event that you suffer loss or damage arising outof or in connection with the viewing, use or performance of the Platform or its contents otherthan as a direct result of purchasing Products (which shall be subject to the exclusions andlimitation of liability set out in these Terms of Use), we accept no liability for this loss or damagewhether due to inaccuracy, error, omission or any other cause and whether on the part ofInnovibe, its agents or any other person or entity.
14.4. Notwithstanding the above, in the event Innovibe is found liable, its liability shall be limited to theamount paid by you for the Product concerned. This limit does not apply to any liability Innovibemay have for death or personal injury resulting from Innovibe’s gross negligence or fraudulentmisrepresentation.
14.5. You understand that Innovibe cannot and do not guarantee or warrant that any material availableon the Platform will be free from infection, viruses and/or other code that has contaminating ordestructive properties. You are responsible for implementing sufficient procedures and viruschecks (including anti-virus and other security checks) to satisfy your requirements for theaccuracy of data input and output.
15. APPLICABLE LAW
These Terms of Use and your use of our Platform are governed by and construed in accordancewith the laws of Bulgaria, without regard to principles of conflicts of law. Any dispute betweenshall be referred to the applicable courts in Sofia, Bulgaria.If you have any complaint regarding these terms or the Products, you may address it to theCommission for protection of competition (https://kzp.bg/). You may also opt to use the EUonline dispute resolution platform athttps://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
16. INTERPRETATION
The descriptive headings in the Terms of Use are for convenience only and shall not control oraffect the meaning, interpretation, or construction of any provision of the Terms of Use. Anyambiguities in the interpretation of the terms in the Terms of Use shall not be construed againstthe drafter. Unless stated otherwise, the word “including” means “including, without limitation.”The Terms of Use do not limit any rights of enforcement that we may have under copyright,patent, or other laws. Innovibe delay or failure to assert any right or provision under the Terms ofUse does not constitute a waiver of such right or provision. No waiver of any term of the Terms ofUse will be deemed a further or continuing waiver of such term or any other term.
17. GENERAL
17.1. If any provision or term of these Terms of Use shall become or be declared illegal, invalid, orunenforceable for any reason whatsoever, such term or provision shall be separable from theother terms and shall be deemed to be deleted from them.
17.2. Failure or delay by either party enforcing an obligation or exercising a right under these terms andconditions does not constitute a waiver of that obligation or right.
18. CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page. We havethe right to update, change, or replace any part of these Terms of Use at any time by posting therevised Terms of Use on Innovibe Platform. Any revision, modification, or change to the Terms ofUse will be binding and effective immediately after posting the revised version on InnovibePlatform. You agree to periodically review Innovibe Terms of Use to ensure you understand all theterms and conditions governing the use of Platform and Innovibe Services. Your continued use ofInnovibe Platform and Services following the posting of any changes constitutes acceptance ofthose changes. If you elect to not accept the changes, you should immediately cease usingInnovibe products and/or Services (including Innovibe Platform).
19. ENTIRE AGREEMENT
The Terms of Use, constitutes the entire agreement between you and us relating to the subjectmatter hereof and governs your use of our Platform and/or Services. The provisions of the Termsof Use supersede any prior agreements, communications and proposals, whether oral or written,between you and us (including, but not limited to, any prior versions of the Terms of Use). Byusing our Platform and/or Services you understand Innovibe disclaimer and expressly agree to allthe provisions of the Terms of Use and Innovibe Privacy Policy, and any updates or modificationsmade to any of these documents at any time by us.
20. NOTICES
All notices under these Terms of Use shall be given to us via e-mail at: info@Innovibe.life or viaInnovibe Platform. When contacting us please indicate your name and the original ordernumber.Notices will be deemed received when an e-mail is received in full (or the next business day if itis received on a weekend or a public holiday in the place of receipt)