Terms of Service

Last Updated: [MONTH, YEAR]

1. Acceptance of Terms

By downloading, accessing, or using the CYOM (Create Your Own Meditation) application, website, or any related services (together, the "Service"), you agree to be bound by these Terms of Service ("Terms") and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, you must not access or use the Service.

These Terms form a binding agreement between you and CYOM, or Ryan Herron ("CYOM," "we," "us," or "our"). Please read them carefully and keep a copy for your records.

2. Eligibility and Age Requirements

You must be at least 18 years old, or the age of legal majority in your place of residence, to create an account and use the Service. If you are under that age, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete.

3. Description of Service

CYOM provides a meditation and mindfulness application that lets users browse meditation tracks, create custom meditation mixes, access guided content, and use personalized features. The Service includes both free and paid membership tiers.

We may add, change, suspend, or remove features at any time. We are not obligated to maintain any particular content, feature, or tier, and we may do so without notice. Some personalized features, including custom meditations, may be created with a combination of human review, creative direction, and AI-assisted tools.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to:

Provide accurate and current account information.
Keep your password secure and not share it.
Notify us immediately at hello@cyom.io of any unauthorized use of your account or any other security breach.

We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. Membership Tiers, Billing, and Cancellation

Billing and renewals. If you have a Paid subscription, you are billed in advance on a recurring basis (for example, monthly or annually) through the app store or payment processor you used to subscribe. Unless you cancel before the renewal date, your subscription will automatically renew at the then-current price, and you authorize us (or the relevant app store) to charge your payment method. Not every service is a paid subscription.

Cancellation. You may cancel at any time through your account settings or, where applicable, through your app store subscription management. Cancellation stops future renewals. Access to paid features continues until the end of your current billing period.

Refunds. Except where required by applicable law, payments are non-refundable after 7 days, and partial-period charges are not refunded after 7 days. If you purchased through an app store, refund requests may be subject to that store's policies.

Price changes. We may change subscription prices. We will give you reasonable advance notice, and changes take effect on your next billing cycle. Continued use after a price change takes effect constitutes acceptance of the new price.

6. License and Content Usage

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service and its content for your own personal, non-commercial use only.

You may not, and may not allow others to:

Redistribute, sell, license, rent, broadcast, or publicly perform any content.
Copy, download (beyond features the Service expressly provides), or reproduce content outside the Service.
Modify, reverse engineer, decompile, or create derivative works from the Service or its content.
Use any content for commercial purposes without our express written permission.

All rights not expressly granted to you are reserved by us.

7. User Conduct

You agree to use the Service in compliance with all applicable laws and regulations. You will not:

Interfere with or disrupt the Service, its servers, or networks.
Access the Service or its content through unauthorized means, including scraping, bots, or automated tools.
Attempt to gain unauthorized access to any account, system, or data.
Upload or transmit malicious code, or use the Service to harass, abuse, or harm others.
Misrepresent your identity or affiliation.

We may suspend or terminate your access for any violation of this section.

8. Intellectual Property

All content, features, functionality, audio, text, graphics, logos, and software that make up the Service are owned by CYOM or its licensors and are protected by international copyright, trademark, and other intellectual property laws. The CYOM name and logo are our trademarks and may not be used without our prior written consent.

9. Health and Medical Disclaimer

Please read this section carefully. It is one of the most important parts of these Terms.

9.1 The Service is not medical care. CYOM is intended to support relaxation, mindfulness, and general wellbeing. It is not a medical device, and it does not provide medical, psychological, psychiatric, or any other form of professional healthcare advice, diagnosis, or treatment. The content is for general informational and educational purposes only.

9.2 No professional relationship is created. Your use of the Service does not create a doctor-patient, therapist-client, or any other professional or fiduciary relationship between you and CYOM, its creators, employees, contractors, or contributors. We are not your healthcare providers.

9.3 We do not diagnose, treat, cure, prevent, or heal anything. CYOM makes no claim, promise, or guarantee that the Service will diagnose, treat, cure, prevent, mitigate, or heal any physical, mental, emotional, or spiritual condition, illness, or disease. We are not telling you what to do, and nothing in the Service should be taken as instruction to take or avoid any particular action regarding your health.

9.4 Always consult your own healthcare provider. We are not asking you to forgo, delay, or disregard care from your doctor or other qualified healthcare professional. Always seek the advice of a qualified professional with any questions you have about a medical or mental health condition, and before beginning, changing, or stopping any meditation, breathwork, relaxation, exercise, medication, or treatment program. Never disregard professional medical advice or delay seeking it because of something you accessed through the Service.

9.5 Consult a professional first if any of the following apply to you. You should speak with a qualified healthcare professional before using the Service if you have, or have a history of, conditions including but not limited to: epilepsy or a seizure disorder; heart, respiratory, or blood pressure conditions; pregnancy; trauma, PTSD, anxiety, depression, dissociative disorders, psychosis, schizophrenia, bipolar disorder, or any other mental health condition; or if you are taking any medication that may affect your mood, perception, or alertness. Meditation, breathwork, and similar practices can, in rare cases, bring up difficult emotions or physical sensations.

9.6 Safe-use conditions. Do not use audio content, breathwork exercises, or any feature that may affect your alertness or attention while driving, operating machinery, or doing anything that requires your full attention. Use the Service only in a safe, comfortable environment where you can relax fully.

9.7 Not for emergencies. The Service is not designed for and must not be used to address medical emergencies or mental health crises. If you are experiencing an emergency, or if you or someone else may be in danger, contact your local emergency services immediately or reach out to a qualified crisis or healthcare professional in your area. CYOM is not a crisis service and cannot provide emergency help.

9.8 Assumption of risk. You acknowledge that you use the Service voluntarily and entirely at your own risk. By using the Service, you accept that CYOM and its creators accept no responsibility or liability for any adverse effects, whether physical, psychological, emotional, or otherwise, that may result from your use of the Service or its content. If you experience any discomfort, distress, or adverse effect, discontinue use immediately and seek appropriate professional attention.

10. No Guarantee of Results

CYOM does not guarantee any specific outcome, result, benefit, healing, transformation, or "manifestation" from using the Service. Any descriptions of potential benefits reflect general experiences and personal practices, not promises. Individual results vary widely and depend on factors outside our control. Nothing in the Service should be understood as a guarantee that you will achieve any particular result.

11. AI-Generated and Personalized Features

Parts of the Service may use artificial intelligence to generate, suggest, edit, or personalize content, including personalized meditations, custom guidance, written reflections, voice direction, tone direction, and related creative materials. If you purchase or request a personalized meditation, you understand and agree that we may use trusted third-party AI tools to help create that meditation. This may include submitting details you voluntarily provide, such as your name, stated intention, preferred tone, voice preference, music preferences, personal references, goals, and other details you ask us to include. You are responsible for choosing what personal details you share with us. Please do not submit information that you do not want used to help create your personalized meditation. AI-generated and AI-assisted content may be inaccurate, incomplete, emotionally unsuitable, or not appropriate for your personal situation. It is not a substitute for professional medical, psychological, psychiatric, legal, financial, or other expert advice. You are responsible for evaluating whether any AI-assisted content is suitable for you before relying on it.The disclaimers in Sections 9 and 10 apply fully to all AI-generated, AI-assisted, and personalized features.

12. Third-Party Content and Links

The Service may contain links to or content from third parties. We do not control and are not responsible for third-party content, products, services, or practices. Your interactions with third parties are solely between you and that third party.

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. https://cyom.io/privacy

14. General Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, timely, accurate, or error-free, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will CYOM, its creators, owners, employees, contractors, licensors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, health, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service, whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid us in the 12 months before the event giving rise to the claim, or (b) [€249 / $249].

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless CYOM and its creators, owners, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any content you submit or actions you take through the Service.

17. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may stop using the Service and close your account at any time. Sections that by their nature should survive termination (including Sections 8, 9, 10, 14, 15, 16, and 18) will survive.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of Spain, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved in the courts located in Granada, Spain, and you consent to their jurisdiction.

If you are a consumer resident in the EU, you may also have the right to bring proceedings in the courts of your country of residence, and mandatory consumer-protection laws of your country of residence may still apply.

19. Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

20. Miscellaneous

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and CYOM regarding the Service and supersede any prior agreements.

21. Contact

If you have questions about these Terms, please contact us at hello@cyom.io or through the in-app messaging system.

By using CYOM, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.