Last update: 04/03/2024
Quantasy & Associates, LLC (dba “True Voice”), (sometimes referred to herein as “True Voice “we,” “us,” or “our”) provides its website located at www.truevoiceapp.com (the “Site”) and its meditation, self-improvement, relaxation, yoga and other services through its Site and its mobile applications (the “App”) and related platforms (collectively, such platforms, including the App, any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms”). Additionally, True Voice may provide You with the ability to engage in audio conversation with other Members and users of the Services. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. Any such changes will take effect immediately, and continued use of the Service after such changes shall constitute your acceptance of the new Terms. Please carefully read these Terms as they shall govern all uses of the Services. Your use of the Services shall bind you to these Terms. If you don’t wish to be bound by the Terms, PLEASE REFRAIN FROM ANY USE OF THE SERVICES.
Privacy Policy
True Voice Privacy Policy sets forth all information with respect to the collection, use and disclosure of information from our users. You understand, acknowledge and agree that the terms of the Privacy Policy shall apply to your use of the Services.
Changes to Terms or Services
These Terms may be modified or changed in our sole discretion at any time. If we do so, we will post the new Terms on the Website or through other Services and may provide additional notifications to you, but shall not be required to provide any such additional notifications. Your continue to use the Services after modified Terms have been posted on the Site shall serve as acceptance by you of the modified Terms and an indication that you agree to be bound by the modified Terms. If you don’t wish to be subject to the modified Terms, you must discontinue your use of the Services. We hold the right to change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion as we determine the needs and goals of the Services are evolving.
Membership
(a) You may subscribe to become a user of the Services at no cost (a “Member”). Subject to the terms set forth below in the “Premium Membership” section, True Voice may also provide premium and exclusive content to Members that choose to pay either a one-time or monthly membership fee (a “Premium Member”). Upon your providing and our verification of your first name, last name and a valid email address to us, as well as any other information we may require for verification before finalization of your account you shall gain access to the Services (“Subscriptions” or “Membership”). True Voice may provide the option to subscribe via your account with certain third-party profiles such as your Apple ID or a Facebook account (each, a “Third Party Account”). If you choose the Third Party Account option we’ll create your Membership by extracting certain personal information such as your name and email address and other personal information that your privacy settings on the Third Party Account permits us to access.
(b) By signing up for a True Voice membership you warrant that You are legally capable of entering into binding contracts and all information you submit is accurate and true.
(c) All Members must be 13 years of age; however, Members under the age of 18, or the applicable age of majority, must have the consent of a parent or legal guardian who understands that there may be some content provided through the Services that are not suitable for Members under the age of 18.
(d)By becoming a Member you agree to receive occasional special offer, marketing, and survey communication emails with respect to the Services unless you opt-out pursuant to the instructions in the emails.
(e) True Voice membership and subscriptions are not transferable and may not be sold, transferred, or exchanged in any way or under any circumstance.
(f) You shall be responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and all activities that occur under your passcode or account. You agree to (i) immediately notify True Voice of any unauthorized use of your passcode or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Services. True Voice will not be liable for any loss or damage arising from your failure to comply with this Section.
Device Requirements
To enjoy the Services your devices must satisfy minimum system requirements. These requirements may change from time to time and can be found on the Website and the Google, Apple and Amazon App marketplaces. You understand that some of the Services may be accessed via mobile device and to the extent You access the Services through a mobile device You will be responsible for any standard charges, data rates, and fees that may apply.
Dispute Resolution Notice
You must opt out within 30 days of your agreement to these Terms by following the opt-out procedure specified in the “Arbitration” section below, otherwise, with the exception of limited types of disputes specifically as set forth below in the “Arbitration“ section, you agree that disputes between you and True Voice will be resolved by binding arbitration and you waive any right you may have to a jury trial or to participate as a plaintiff or class member in any potential class action or representative proceeding.
Use of Services
Via the Services, users can select from a variety of options to create customized relaxation and self-improvement sessions. You can also use enhanced functionality of the Services at additional costs or purchase items that are offered for sale through the Services (the “Products”), as described in further detail below.
You are solely responsible for User Content (as defined below) uploaded or posted through any of the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by True Voice. True Voice reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, removing the User Content from the Service, suspending or terminating the Member’s account and reporting you to the law enforcement authorities. You agree to not use the Service to:
We have the right, but not the obligation, to review any User Content and may delete, edit, alter or amend any such content for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right, but not the obligation, to remove or prevent access to any Member, User Content or Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be morally or socially objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also, but shall not be obligated unless by court order or by law, consult and cooperate with law enforcement authorities to prosecute users or Members who violate the law.
The Services may contain third-party websites links or additional resources. These links and resources are provided merely as a convenience. We take no responsibility for the content, products or services available through those links or resources. You understand and agree to bare the sole responsibility for and assume all risk arising from, your use of any links or resources.
General Disclosures
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Medical Disclosures
True Voice provides digital meditation, mindfulness, sleep, yoga and other movement content associated with health & wellness. TRUE VOICE IS NOT A HEALTH CARE OR MEDICAL PROVIDER AND IS NOT GIVING MEDICAL ADVICE. True Voice makes no representations, guarantees, or claim that any of the Products provided through the Services can assist in improving performance, existing health issues or provide any other therapeutic benefit to you. Any advice or other materials in the Products are intended for general information purposes only. Any health information provided through the Products, whether by True Voice or by True Voice contributors, or other Members is provided simply for your convenience. To the extent that you participate in any content featuring movement you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. Prior to participating in any movement based Sessions You should consult your licensed physician, particularly if you have suffered a prior injury, have any history of heart disease, high blood pressure, other chronic illness, or condition. You agree and acknowledge that True Voice has advised you of the necessity of doing seeking professional medical advice. The Products and Sessions provided are intended to support your relationship with your healthcare providers and not replace it. You assume full responsibility for your decisions and actions and True Voice shall bare no responsibility for your choice to participate in any of the Sessions or Products provided through the Services. To the fullest extent permitted by law, True Voice makes no representation or warranties with respect to the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. Anybody with pre-existing mental health conditions should speak with their health care providers before partaking in a meditation practice.
You understand and agree that the Services, Products and any other information you learn from True Voice 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 care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
Premium Membership
Cost and Payment
Automatic Membership Renewal and Cancellation
True Voice provides both Monthly or Annual subscriptions for Premium Memberships. Monthly Members will be billed each month on the respective date that your Premium Membership became active (“Monthly Renewal Date”) and will provide Premium Membership for one month from that date. Annual subscriptions will be paid by an initial payment on the activation date of the Premium Membership and shall automatically renew on the date that is one year after the initial date (“Annual Renewal Date”) (The Monthly Renewal Date and Annual Renewal Date may be collectively referred to as the “Renewal Date”). You understand and acknowledge that True Voice shall be authorized to automatically charge and withdraw the Payment for your Premium Membership using the same credit card or payment method that was provided upon sign up unless you update the payment information in your account. The fees will be automatically billed and charged using the same payment method until you have terminated in accordance with the “Termination” section of these Terms.
Promotional Offers Converting to Automatically Renewing Subscriptions.
You may be offered a promotional offer in connection with a subscription for a Premium Membership that automatically renews (as described in the section “Automatic Membership Renewal and Cancellation” above), such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer offered will be as described in the particular offer (“Offer Terms”). You must meet all eligibility requirements stated in the Terms & Conditions of Use and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously subscribed to a True Voice Premium Membership or enrolled in a Promotional Offer. If the Offer Terms state that an offer is available only to past subscribers, you must have been a subscriber to a True Voice Premium Membership and allowed your subscription to expire before the date stated in the Offer Terms. True Voice reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers may only be claimed by any advertised expiration date.
You must provide a valid payment method accepted by True Voice to enroll in a Promotional Offer unless otherwise stated in the Offer Terms. Once your promotional period ends, you authorize True Voice to begin billing your designated payment method on a recurring basis at the then-current price for the relevant subscription plus any applicable taxes unless it is canceled in accordance with the “Termination” section below at least 24 hours prior to the end of the promotional period.
Price and Fee Modifications
At the sole discretion of True Voice, and at any time as determined by us, we reserve the right to modify or alter any prices or payment terms for Memberships or other purchases through the Services. True Voice may notify you directly prior to implementation of such modifications becoming effective; however, notice may be given by changing any price sheets or pages on the Site or Services in general. Changes to prices or payment terms will only apply for Membership or Subscription renewals, and shall not be applied retroactively to any payments made in advance for any time period. If you do not agree with the modifications of True Voice prices or payment terms then you may cancel your Membership effective at the end of the current cycle in accordance with the section “Automatic Membership Renewal and Cancellation” immediately above.
Termination
(a) Premium Memberships may be modified or terminated at any time; however termination shall not be effective until your next Renewal Date. Termination shall be made by emailing your intent to terminate to [email protected]
(b) For Premium Memberships purchased directly through the Services (i) termination will be effective for the next subscription period if the Premium Membership is cancelled through the Services within 24 hours prior to the applicable Renewal Date and (b) you may request a one-time refund of a Payment if such request is made within 24 hours of the payment processing, and such refund request shall be at the discretion of True Voice. Refunds will not be processed for payments made through Third Party Accounts.
(c) To the extent allowable by any Third Party Accounts, Members may cancel their Subscription through the respective third party (e.g. Apple ID, Google Play, etc.). True Voice makes no guarantees of the Third Party platform functionality or ability to cancel in accordance with the Third Party’s platform’s cancellation policy.
(d) True Voice has the sole discretionary right to suspend or terminate your Membership or your use of the Services immediately and without notice as a result of your actions, inappropriate or unauthorized use of the Services or non-compliance with any of these Terms.
Intellectual Property Rights
True Voice requires all Members and users of the Services to comply with all applicable copyright protection laws. As such, you may not share, store, distribute or exploit any material or content on the Services in any manner that may constitute an infringement of third party intellectual property rights without first obtaining the prior written consent of the owner of such materials and rights. Owners who believe that their rights under copyright law in the United States have been violated or infringed may take advantage of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report actual or alleged infringements. True Voice shall have the right to terminate the Membership or certain privileges of any Member or user who infringes the copyright rights of others.
Warranty Disclaimers
True Voice makes no claim, representations, or warranties of any kind with respect to the Services except for those specifically set forth in this paragraph and any other warranties or terms that may otherwise be implied by common law, statue or legal precedent, to the extent permitted by law, are excluded. The Services are provided “as is” and should be used at the discretion of the Member. You shall have no right to any claim for a breach by Us of any so called warranty of merchantability, quiet enjoyment, or any other warranties that may arise in the normal course of dealing with respect to your usage. We make no warranty that the Services will be available without interruption, error or defect. We make no warranty as to the quality of the Content or the results you may receive from your use or enjoyment of the Content.
True Voice warrants (i) any product or service you purchase directly from us will materially conform with the description expressed prior to purchase; and (b) We will use reasonable care and effort to provide the Content to you during your Membership.
Indemnity
You hereby agree to defend, indemnify and hold harmless True Voice, its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your negligent, reckless, or willful misuse of the Products, (ii) any User Content, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your intentional or negligent acts or omissions related to your use of the Products; or (iv) your breach or violation of these Terms or any applicable law.
Limitation of Liability
(b) Protected Parties shall have no liability with respect to any consequential, incidental, unforeseeable, special, exemplary or punitive damages or losses, arising from or related to, whether directly or indirectly, the use or failure or inability to use the Services or The Content Proprietary Materials and functionality related thereto, including but not limited to lost wages, lost profits, or loss of business.
(c) You assume full responsibility for your use of the Services. In no event shall True Voice be liable to you, your affiliates, your heirs, or assigns or to any other third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or as a result of your use of the Services or Content.
(d) The exclusion or limitation of incidental or consequential damages may be prohibited by certain jurisdictions and may not apply to you, and in such case the above limitation of liability shall be limited to the greatest extent allowable under the law of such jurisdiction.
Dispute Resolution
Governing Law and Venue
Notwithstanding any applicable conflict of laws provisions, these Terms and any action related thereto shall be governed by the laws of the State of California. You and we agree that the exclusive Venue for any dispute arising out of or related to the Terms or the Services, whether in Arbitration or litigation in the event you opt out of this Arbitration agreement, shall be in the Southern district of California in the County of Los Angeles. If the claim in dispute is less than ten thousand dollars ($10,000) the arbitration may be conducted by each party providing documents electronically to the arbitrator to make a determination on the claim. In the event of a claim in excess of $10,000 a hearing shall be held and the rules and procedures of the American Arbitration Association (“AAA”) shall apply to the hearing and proceedings.
Arbitration Opt Out
You shall have the right to opt out of this arbitration agreement by giving writing notification to True Voice no later than 30 days after the first day you register to become a Member. Your notification must include all personal information required for verification of your Membership. Your notification must state clearly and unequivocally your intent and desire to opt out of this arbitration agreement. If you do not opt out pursuant to this paragraph you shall be deemed to have knowingly and intentionally agreed to the terms of this “Dispute Resolution” paragraph and shall waive any right to litigation except as specifically allowable under this paragraph. You understand, acknowledge and agree that both parties hereby waive any and all right to a jury trial and to the extent permitted by law waive any right to participate in the capacity of a plaintiff or class member in any purported class action or consolidated action suit. In the event a court of competent jurisdiction deems this waiver of class or consolidation participation invalid or unlawful, then this “Dispute Resolution” section, in its entirety, shall be deemed void, otherwise this section shall survive the termination of these Terms and your Membership or use of the Services. In the event of any material changes or modifications to this paragraph pursuant to the “Changes of Terms and Services” paragraph above, you shall have a 30 day opt out period from the date of such modifications.
Arbitration Agreement
Any dispute, claim or controversy arising out of, relating to, or in connection with these Terms or the breach thereof, or any use of the Services (collectively, “Disputes”) that (i) can not be resolved through informal conversation, negotiation, or in small claims court, or (ii) either party is not seeking equitable or injunctive relief to prevent the actual, alleged, or threatened infringement, unlawful use or violation of either party’s copyrights, trademarks, logos, trade names, trade secrets, patents, the Proprietary Content or other intellectual property rights, shall be resolved by binding arbitration on an individual basis. In the event of a Dispute the party bringing the claim must give notice to the other party of its intent and make a reasonable effort to resolve the dispute informally prior to filing a written Demand for Arbitration as set forth in the AAA Rules. The parties will mutually agree on an arbitrator to preside over the hearing, and the arbitrator must be a judge or a licensed attorney.
Arbitration Rules
Any arbitration brought under these Terms will be governed and administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) effective at the time of such action and available at www.adr.org or by calling 1-800-778-7879, unless specifically modified in this “Dispute Resolution” section. The Federal Arbitration Act shall govern the interpretation and enforcement of this Section.
Arbitrator’s Authority
The arbitrator will have the exclusive right to render an award within the guidelines as specified in the AAA Rules. Regardless of the manner in which the arbitration is conducted (whether by documents submissions, telephonic, in person, or otherwise) the arbitrator will provide the essential findings and conclusions in conjunction with the delivery of their decision and award. Either party may enter the judgment of the arbitration award may in any court of competent jurisdiction. The arbitrator shall not award damages or prescribe liability that is inconsistent with the limits set forth in the “Limitation of Liability” paragraph with respect to both types and amounts of damages either party are subject to. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in the arbitration hearing shall be entitled to attorneys’ fees and expenses paid by the non-prevailing party, to the extent provided under applicable law and awarded by the arbitrator.
Arbitration Costs
The AAA Rules shall govern your or our responsibility with respect to the payment of fees for filing, administering or completing and arbitration action.
General Terms
These Terms constitute the entire and exclusive understanding and agreement between True Voice and you regarding the Service. Any previous agreement or understanding you may have had with True Voice or its affiliates either orally or otherwise prior to this shall be null and void and have no force or affect. If any provision of these Terms is determined to be invalid or unenforceable then the provision will be enforced to the maximum extent permissible and will not affect the enforceability or validity of any remaining terms or provisions herein.
These Terms are not assignable, licensable, or transferable by you, by operation of law or otherwise, without the prior written consent of True Voice. Any attempt by you to do so will be null and of no effect. True Voice has the right to freely assign or transfer these Terms, along with the rights and benefits of True Voice herein, without restriction.
All notifications or communications by True Voice pursuant to these Terms, including those regarding changes to these Terms, may be given by posting the changes to the Site or App or by email to you.
Waiver
True Voice’s delay or failure to exercise any rights provided by the Terms for your failure or breach of the Terms shall not be considered a waiver of any of our rights or ability to exercise such rights either for the same or future failures or breaches. Nor shall the waiver of rights for failure or breach of any Member be considered a waiver of our rights to any other Member for the same or similar failure or breach.
Notices
Any notices required by you in these Terms, comments or suggestions with respect to the Services or Content (“Notice”) can be submitted by emailing [email protected]. Any changes to the Services or Content based on or seemingly based on any Notice by you shall be deemed the property of True Voice and you shall have no right in or to any ownership, monetary compensation, or other benefit based on such information.