Terms of Service

Effective: January 2022
Last updated: May 31, 2022

Welcome and thank you for visiting BeUnison and reviewing our Terms of Use (the “Terms”)! BeUnison Enterprises Incorporated (“BeUnison”, “we”, “us”, or “our”) owns and operates the website www.beunison.com, including any subdomains thereof (the “Website”) and a mobile application (the “App”) (together, the “Digital Properties”). By way of the Digital Properties, BeUnison provides a collection of online resources, including but not limited to, group meditations, and manifestation, intention and breathwork meditations (the “Services”). These Terms govern your access to and use of the Digital Properties and Services and the content available therein. 


These Terms also govern your use of all information, documents, catalogs, communications, files, text, graphics, and audio/visual content (collectively, the “Materials”) made available to you by way of the Digital Properties and/or Services whether by oral, visual, electronic or other means. Terms specific to particular product(s) or service(s) appear in distinct sections that follow to make it easier to understand what applies to your specific interactions with us.

1. Acceptance of the Terms

PLEASE READ THESE TERMS BEFORE USING OUR SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING, VISITING OR ACCESSING ANY OF OUR SERVICES, OR ANY MATERIALS, YOU AGREE TO BE AND ARE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY OTHER TERMS WHICH MAY APPLY TO YOU, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS,THE PRIVACY POLICY, OR ANY SUBSEQUENT MODIFICATIONS THERETO, YOU MUST NOT ACCESS OR USE OUR SERVICES OR MATERIALS, OR MUST IMMEDIATELY CEASE ACCESSING OR USING SAME.

We reserve the right to change these Terms at any time, without any prior notice to you. Any updates to these Terms will be posted or linked to from our Digital Properties, and will apply to you prospectively, so you should check back each time you use our Digital Properties and/or Services so you are aware of any changes, as they are binding on you.

2. Medical and Therapeutic Disclaimer

We provide Materials for general informational purposes only. The Services and Materials are not intended or implied to serve as medical or therapeutic advice, diagnosis or treatment, and use of same is to be done with the utmost care and at your own risk. You should not use any Services or Materials as a preventative health measure, to gauge the state of your health or to diagnose or treat any health issues, illnesses or diseases. BeUnison does not provide any medical or therapeutic advice, and expressly disclaims any and all liability arising from the use of BeUnison’s Services, Digital Properties or Materials for the cure, treatment or management of any physiological or psychological illnesses or conditions whatsoever. BeUnison does not, and shall not, warrant that your use of the Services, Digital Properties, or Materials will result in the cure, healing, or alleviation of any physiological, psychological or other pain or illness, ailment, disease or malady of any kind. If you have or suspect you have a physiological, psychological or other medical problem, including but not limited to the effects of trauma, anxiety, or depression, you should consult with your physician or another qualified healthcare provider.

BeUnison neither endorses nor is responsible for the accuracy and reliability of any products, services, events, opinions, advice, or statements made by anyone other than an authorizedBeUnison representative while acting in their official capacity. For clarity, meditation teachers who have posted mediations to the Website and/or App are not BeUnison representatives, and BeUnison shall not be responsible for any products, services, events, opinions, claims, advice, or statements offered or made by such meditation teachers.

Further, BeUnison is not, and shall not be, responsible for any contemporaneous or future physiological, psychological, or other illness, ailment, disease or malady, or any adverse effects, arising from or connected to the use of or access to the Digital Properties, Services or Materials, including, without limitation, any meditations, breathing exercises, or audio or visual or audio-visual content (or any combination thereof).

3. User Registration and Account Protection

Account creation

While you can browse our Website without creating a user account (“Account”), the use by you of any Services or access to any Services or Materials via our App requires you to have an Account. In creating an Account, you must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address, and username, and a password of your choice, subject to certain requirements. Each Account registration is for a single user only. You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever.

All of our Digital Properties utilize the same Account, enabling you to log-in to any such with consistent credentials following your initial registration. We directly provide meditation teachers with log-in credentials to accounts we create on their behalf.

You may access the profile associated with your Account (“Profile”) from our Digital Properties when you are logged-in. When you access your Profile, you can edit certain information, including your email address, username, profile image and password, or associate additional information with your Profile. You can also contact us directly at [help@beunison.com] to edit your information. It is your responsibility to ensure your contact information is accurate and up to date. Your Profile may also enable you to manage other aspects of your Account, including the nature and frequency of communications we send to you, among others. The Services you have purchased or otherwise have entitlements or access to may also be associated with your Account.


Account protection

If you access your account via the use of a username and password, you are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or, in any event, allow third parties to use your Account. If you believe an unauthorized person has obtained your username and/or password or accessed your Account you must notify us immediately via email at [help@beunison.com] (with “Unauthorized Use” in the subject line). We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.

Account termination

You may terminate your Account at any time via your Profile or by sending an e-mail to [help@beunison.com] (with “Cancel Account” in the subject line). Such termination shall take effect [within 3 days OR immediately]. Following termination, we may delete any or all of the information associated with your Account, including your entitlements to access the Services, Materials or other functionalities, whether purchased by you or otherwise, and such entitlements will not be restored if you create a new Account. You shall have no recourse with regard to any information that we delete or functionalities we remove upon Account termination, regardless of any value you may ascribe to such data or functionalities. We further disclaim any value you may attribute to any of your data stored on our servers. Additionally, you will not receive any further communications from us unless and until you create a new Account or you otherwise request that we provide further communications to you. Our rights under the Terms will survive any termination of your Account or cessation of your use of or access to our Services, Digital Properties or Materials, as the case may be.

4. User Generated Material

We may enable you and others to participate in online group lessons, meditations, workshops and other sessions as well as in online groups, chat rooms and message boards, some of which may be a required or optional component of certain service offerings. In connection with these forums you may have the opportunity to share comments, perspectives and other information with the BeUnison community. Please note that some of these forums, including chat rooms and message boards, may remain publicly accessible indefinitely and may be accessible on non-BeUnison websites by non-BeUnison users. Other forums, including group lessons, meditations and workshops may be recorded and remain accessible to other participants in the session or the particular program to which the session relates. You may also share testimonials or reviews of our Services, Digital Properties, Materials or ideas and comments about ways to improve the Services, Digital Properties and/or Materials for public display or for our private use. In connection with all of these activities, you are responsible for all content and activity that occurs under your Account or in your name (collectively, “User Generated Material”).

User Generated Material must not:

  • Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, disruptive or harmful, as determined by us in our sole and absolute discretion;
  • Violate our or any other person’s legal rights (including rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
  • Create or threaten harm to any person or loss or damage to any property;
  • Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or proprietary rights of us or any other person;
  • Seek to harm or exploit minors by exposing them to inappropriate content, asking for PII, or otherwise;
  • Misrepresent your identity or affiliation with any person or organization, including BeUnison;
  • Seek to collect and/or exploit other users’ e-mail addresses , usernames, passwords or PII held by BeUnison or other services by electronic or other means for any purpose including, without limitation, to send unsolicited e-mail or other electronic communications;
  • Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on BeUnison or the networks or services connected to BeUnison or install or attempt to install or promote spyware, malware or other computer code on our or third parties' computers or equipment; or
  • Involve commercial activities such as contests, sweepstakes and other sales promotions, barter, advertising or offers of sale or purchase of goods and services regardless of whether such products or services are competitive to those offered by BeUnison.

We do not claim ownership to User Generated Material. However, by posting or otherwise sharing User Generated Material, subject to any restrictions explicitly set forth herein, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform, and otherwise exploit your User Generated Material, in whole or in part, for any purpose, including promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Generated Material (but not your original User Generated Material), expressly including any comments or ideas about ways to expand or improve any of the Services, Digital Properties and/or Materials. You waive any moral rights you may have in the User Generated Material. With respect to User Generated Material posted by you, you represent that (a) you created and own the rights to the content or you have the owner’s express permission to share the content and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks or other intellectual property or privacy rights) or violate any applicable laws, these Terms or any of our other posted policies as amended from time to time. You agree that we have no obligation to examine or enforce any intellectual property rights in or to your User Generated Material. You agree to pay all royalties, fees and other monies owing any person related to User Generated Material that you share via BeUnison.

We have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store User Generated Material you share, at any time and for any reason, without notice, including to ensure that User Generated Material complies with the Terms. We do not endorse any User Generated Material and the User Generated Material shared does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of sharing it and you agree that we are acting only as a passive conduit for your communication, distribution and/or publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third party shares via BeUnison, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Generated Material. YOU AGREE TO WAIVE AND HOLD HARMLESS AND OUR AFFILIATES, AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, ATTORNEYS, VENDORS, SERVICE PROVIDERS AND CONTRACTORS (COLLECTIVELY, THE) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE BEUNISON PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH BEUNISON PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Though we strive to enforce our rules with regard to User Generated Material, you may be exposed to User Generated Material on BeUnison that is inaccurate, objectionable, inappropriate for minors, or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material, whether or not it violates our Terms.

Please choose carefully the information you share via BeUnison and that you give to other users. You are discouraged from publicly sharing PII, including your telephone numbers, street address, e-mail address or other information that allows strangers to find you or steal your identity.

You assume all risks associated with interacting with other users with whom you come in contact through our Digital Properties and/orServices or otherwise in connection with the Digital Properties and/or Services, and to the fullest extent that the law permits, you release us from any claims or liability related to any User Generated Material shared via BeUnison and from any claims related to the conduct of any other users.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible at all times for your conduct and your interactions with other users.

5. Accessing the Services

Minimum age

In order to accept these Terms and to access and use our Services you must be at least 18 years of age, or if you have parental consent, at least 14 years of age (“Minimum Age”). BeUnison’s Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have the consent of your parent(s) or guardian(s) to access and use the Services if you are under 18 years of age; (c) you or your parent(s) or guardian(s) have all the applicable rights and authority to grant BeUnison the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Terms, you may not use the Services.

Modification or suspension of the Services and right to terminate your use of the Services

We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Services, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Digital Properties and/or Materials or discontinuing any of our offerings entirely. Any description of the features of services offered by BeUnison shall not be considered to be a representation by BeUnison that such features will always be included in such services.

We also reserve the right, subject to the Terms, to terminate or suspend your Account or restrict access to some or all of the Services, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Services and Materials may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any or all of the information associated with your Account. For more information on the availability of the Services and treatment of your information following Account termination, see the section entitled “Account termination”.

We will not be liable if for any reason all or any part of the Services, Digital Properties or Materials is unavailable at any time or for any period.

6. Prohibited Conduct

Unless expressly provided for herein or as agreed upon in a writing duly signed by us and you, you may not under any circumstances:

  • Reproduce, download, modify, translate, add to, distribute, transmit, share, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any Materials in any medium without our prior express written permission, either directly or through the use of any device, software, Internet site, web-based service or other means;
  • Copy or print any Materials, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Materials;
  • Use the Materials in a manner that suggests an association with any of our products, services or brands;
  • Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademarks or other proprietary notices marked on the any Materials or any digital rights management mechanism, device or other content protection measures either directly or through other means;
  • Mirror, frame, screen scrape or deep link to any aspect of the Services or access any Materials through technology or means other than those provided or authorized by us;
  • Access the Services via any automated system, including without limitation by “robots,” “spiders,” “offline readers,” etc., attack the Digital Properties via a denial-of service attack or a distributed denial-of-service attack or otherwise take any action that imposes, or may impose (as determined by us in our sole and absolute discretion) an unreasonable or disproportionately large load on our infrastructure, or attempt to interfere with the proper working of the Digital Properties or Services in any other way.
  • Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, or tamper with, impair, damage, attack, exploit, or penetrate the BeUnison system or network, or otherwise attempt to interfere with or compromise the system integrity or security of BeUnison or any connected networks, or take any action to impact the proper operation of the Digital Properties or Services and any person’s or entity’s use or enjoyment thereof;
  • Bypass the measures we may use to prevent or restrict access to or use of the Services including by hacking into secured or non-public areas, circumventing any fencing mechanisms or otherwise;
  • Use the Digital Properties or Services to collect any PII, including Account names and e-mail addresses, or use the Digital Properties or Services for any commercial solicitation purposes, without express written permission from BeUnison;
  • Attempt to reverse engineer any aspect of the Digital Properties or Services or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Digital Properties or Services, create any derivative works or materials of any kind using any Materials, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Digital Properties, Services or Materials; or
  • Use our Digital Properties or Services to engage in any illegal activity or the planning of any illegal activity.

7. Intellectual Property Rights

Materials and non-commercial use

We grant you a non-exclusive, revocable, limited, royalty-free, non-transferable, non-sublicensable license to use the Services and the Materials subject to these Terms. Unless otherwise specified, the Services and the Materials are for your individual, personal and non-commercial use. No other rights, assignment, licenses or legal relationship of any nature, including but not limited to agency, partnership, joint-venture, employer-employee, franchisor-franchisee, or otherwise, either express or implied, are created through your use of or access to the Digital Properties, Services or Materials unless expressly reserved in these Terms.
We or our affiliates own, control or license the Materials available via the Digital Properties and/or Services, and the Materials are protected from unauthorized use, copying and dissemination by Canadian and international intellectual property laws. No right, title or interest in or to the Digital Properties, Services or any Materials is transferred to you, and all rights not expressly granted are reserved. Any use of the Digital Properties, Services or Materials that is not expressly permitted by these Terms may be a breach of the Terms, and may violate copyright, trademark and other laws.

You may create a plain text hyperlink to the pages of our Website or App provided that neither you nor the link portrays us or any of our Services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with us. You may not use any of our Materials or trademarks as part of the link without our express written permission. We may revoke this permission at any time for any reason upon notice to you.

Notification of Claims of Copyright Infringement

If you or other party believes that the your or other party’s work has been copied in a manner that constitutes copyright infringement, or your or other party’s intellectual property rights have been otherwise violated, you or other party must send a notice of claims for copyright or other intellectual property infringement (the “Notice”) to BeUnison’s agent via email at [help@beunison.com].

The Notice must include the following:

a) the identity of the alleged infringing material in such sufficient detail so as to allow BeUnison to locate it on the Digital Properties and/or Service;

b) a statement by you or other party that you or other party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) the reporting person’s or other party’s address, telephone number and email address;

d) a statement by the User or other party declaring under penalty of perjury that:

i) the above information in the Notice is accurate;

ii) you or other party is the owner of the copyright interest involved, or that you or other party is authorized to act on behalf of the respective owner; and

e) the User’s or other party’s physical or electronic signature.

Trademarks

BeUnison’s name, marks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BeUnison or its affiliates or licensors. You must not use such marks, designs or UI designs and functionality and variations without the prior written permission of BeUnison. All other names, logos, product and service names, designs, and slogans on the Digital Properties are the trademarks of their respective owners.

8. Privacy Policy 

BeUnison is committed to protecting the privacy of its users. By accessing or using our Services, you consent to the collection and use of your information, including PII, in accordance with our Privacy Policy. For more information, please read our Privacy Policy, which is incorporated by reference into these Terms.

Unless otherwise required by law or pursuant to these Terms, BeUnison shall not sell to or disclose your PII to a third party without your permission.

9. Third Party Websites

Our Digital Properties and/or Services may contain links to non-BeUnison websites on the Internet. Any such links to non-BeUnison websites have been provided solely as a convenience. You may also encounter our Materials or advertisements for our Services on non-BeUnison sites, including social media sites. We do not control or endorse these non-BeUnison websites, nor review or approve the content that appears on such websites and expressly disclaim responsibility and liability therefor. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, any of your activities or interactions with elements of such non-BeUnison websites outside of our control, or for the content, goods, or services available on or through such non-BeUnison websites.

Additionally, you may choose to share information about your activities in connection with our Digital Properties and/or Services with users of other services, including social media services, via tools we provide you with access to or otherwise. Please note that we are not responsible for any content you share in this manner.

Please consult the Privacy Policies and Terms of Use for any non-BeUnison websites we link to or on which our Materials or advertisements appear as well as any services by way of which you share information relating to your activities in connection with our Digital Properties and/or Services for more information about how such websites and services govern your activities and use your information.

10. Disclaimer of Warranties

WE PROVIDE THE SITE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE BEUNISON PARTIES DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE SERVICES AND/OR DIGITAL PROPERTIES:

(I) ARE RELIABLE OR WILL BE UNINTERRUPTED;

(II) WILL BE FREE OF DEFECTS OR ERRORS;

(III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER

(IV)WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE; OR

(V)WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.

THE BEUNISON PARTIES MAKE NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND YOUR USE AND ACCESS OF THE SERVICES, MATERIALS, AND DIGITAL PROPERTIES IS ENTIRELY AT YOUR OWN RISK. BEUNISON EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY, AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

IN JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW. BEUNISON DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD-PARTY VIA BEUNISON OR ANY LINKED OR OTHER THIRD-PARTY PROPERTY.

11. Disclaimer of Liability and Indemnification

Under no circumstances will the BeUnison Parties be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) or for any other harm, loss, damages or injury of any kind that are directly or indirectly related to your access or use of the Services, your access or use of the Digital Properties or Materials, any User Generated Material, your data, your Account or the information contained therein, any errors or omissions or any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if the BeUnison Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will the BeUnison Parties be liable to you or anyone else for loss, damage or injury relating to any third-party providing you with services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will the BeUnison Parties’ total liability to you for all damages, loss, or causes of action, if any, exceed the amount you have paid to BeUnison for the service giving rise to the claim.

BeUnison shall not be liable or otherwise responsible for any interruption, suspension, modification, alteration, or termination of the Services, Digital Properties or Materials. You acknowledge and agree that such limitation shall also apply with respect to damages incurred or anticipated by reason of your use of any other products or services received through or advertised in connection with the Digital Properties and/or Services or any links on the Digital Properties and/or Services.

BeUnison shall not be liable for any failure or delay in performing under these Terms where such failure is due to causes beyond BeUnison’s reasonable control, including but not limited to natural disasters, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns, and/or BeUnison’s or other party’s inability to procure supplies or materials.

You acknowledge and agrees that the above disclaimers and these limitations of liability constitute an agreed upon allocation of risk between BeUnison and you, and such disclaimers and limitations of liability shall apply to the fullest extent permitted by law. You further acknowledge and agree that, if you did not or do not agree, as the case may be, with the above disclaimers or these limitations of liability, you shall not be permitted to use or access the Services, Digital Properties and/or Materials. You further acknowledge and agree that such provisions are reasonable and fair.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

You shall indemnify, defend, and hold harmless BeUnison and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the Indemnified Parties in connection with any investigation, claim, action, suit or proceeding of any kind brought against the Indemnified Parties due to or arising out of your:

(a) acts and/or omissions on or off the Digital Properties or while otherwise using or accessing our Services;

(b) violation of any rights of another party, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Services, Materials, or User Generated Material;

(c) breach of these Terms;

(d) disputes with or between other users;  

(e) use and/or misuse of the Services or Materials;

(f) violation of any applicable law or regulation;

(g) submitting inaccurate, untimely, incomplete or misleading User Generated Material;

(h) misstatements and/or misrepresentations; or

(i) contracts or arrangements made or provided based on any Materials provided via the Services.

You must cooperate as requested by BeUnison in the defense of such claims. BeUnison reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter on behalf of BeUnison without the written consent of BeUnison. This indemnification obligation shall survive the cessation of your use of the Services.

12. Dispute Resolution / Mediation / No Class Relief

If any controversy, allegation or claim arises out of or relates to your access or use of the Services, Digital Properties and/or Materials, or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution thereto. If we do not have a current physical or email address for you, then we have no obligation under this section. Your notice to us must be sent to us at our contact details below. For a period of sixty (60) days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.

Any claim or dispute arising out of or relating to your access or use of the Services, Digital Properties and/or Materials, or these Terms, that remain unresolved following the dialogue described above will be exclusively resolved under confidential binding arbitration held in the Province of British Columbia, Canada, in accordance with the applicable Rules of the Canadian Arbitration Association then in effect. The arbitrator’s award, if any, will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the following paragraph.

Except to the extent that mediation is required, any action or proceeding relating to any dispute may only be instituted in a court of competent jurisdiction in the Province of British Columbia, Canada. Accordingly, you and we consent to the exclusive jurisdiction and venue of such courts for such matters.

Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the Province of British Columbia, Canada to enforce these Terms or to prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the jurisdiction of such court. To the fullest extent permitted by applicable law, any cause of action you may have with respect to your use of or access to the Services, Digital Properties or Materials must be commenced within one year after the claim or cause of action arises.

13. General Consent to Electronic Communications

You consent to receive communications from us whether required by law or otherwise, either by e-mail (if you have provided us with your e-mail address), by any other form of communication you have consented to in your Account settings, or by notice posted on the Digital Properties as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us.

Specific reasons we may contact you

We may send the following communications to you via e-mail, push notification or by another messaging platform:

  • Suggestions regarding, or information about, Services or Materials we believe would be of interest to you
  • Statistics about your activity and messages intended to reinforce certain activities and behaviors we reasonably believe you want to continue or otherwise pursue
  • Newsletters, if you have requested to receive them
  • Ad hoc offers and promotions, including on behalf of third-parties

You can opt-out of receiving any e-mail communications from us (or reinstate receipt) by clicking the “unsubscribe” link included at the bottom of any e-mail we send you or, if you have an Account, by updating your Account settings.

At any time, you can manage our ability to send you push notifications by turning off the notification settings in the App or in the device settings of your mobile device. If you choose not to receive push notifications, you may still receive in-app notifications.

Notwithstanding your indicated email marketing preferences, we may send you administrative emails regarding BeUnison, including, for example, order confirmations or information about Services you have purchased as well as notices of updates to the Privacy Policy or these Terms if we choose to provide such notices to you in this manner. We may also contact you via e-mail to respond to a question, comment, or other communication that you may have initiated with us, including but not limited to questions related to the Privacy Policy or these Terms, any User Generated Material you provide or in relation to customer service issue.

Text messages

BeUnison may seek your consent to contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. We may contact you using your phone or mobile number with an automatic telephone dialing system (ATDS). You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any products or services.

14. Refund Policy

Our refund policy varies depending on the service purchased. Please see
“Service Specific Terms” for more details.

Refunds can only be made via the same payment method used to make your initial purchase. Refunds made to expired or cancelled cards are handled by your card issuer. In the event you have a replacement card with the same issuer, the refund should arrive on the account of your new credit card even though the number is different, however, BeUnison cannot guarantee this will be the case with your particular issuer. If no replacement card exists, you should contact the issuer to ensure delivery of the refund to you by alternative means.

15. Miscellaneous

Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remaining provisions shall continue to be in full force and effect.

16. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflicts of laws principles. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Services, Digital Properties, Materials or these Terms will occur exclusively in the courts located in British Columbia.

17. Feedback

We welcome your suggestions for ways we can improve the Services, Digital Properties and/or Materials. Please feel free to submit comments and feedback by emailing us at: help@beunison.com]. Please note that any such communications received from you will be considered User Generated Material and will be treated as non-confidential and in accordance with these Terms and may be used by us without restriction without any obligation, financial or otherwise, to you. See the section entitled “User Generated Material” for more information.

18. Contact Us

If you have any questions about these Terms, contact us via email at help@beunison.com or by mail at:

Attention: Terms of Use
Beunison Enterprises Incorporated
1643 Venables Street
Vancouver, BC V5L 2H1
CANADA

Service Specific Terms

BeUnison App

BeUnison offers a mobile application that provides access to specific functionalities and Materials (the “BeUnison App”). We may introduce iOS, Android or web-based versions of the BeUnison App at our discretion. Additionally, we may discontinue the App, including web-based versions of such App, at any time for any reason with no liability or obligation to you except as expressly set forth herein. In the event you have an Account, you may log-in to our App using your Account credentials, though the services, programs or features of such App that are available to you will depend on your specific subscription and prior purchase history. In the sections that follow, we may be referring to any or all of the iOS, Android or web versions of our App as the context indicates.


The BeUnison App offers meditations, exercises, audio-visual materials, and practices with a healing approach to help users connect with themselves and others. Certain content is available in the BeUnison App for free, though you will need to have a valid Account to access such free content. Additional content is available in the BeUnison App with a paid subscription. You may purchase a subscription to the BeUnison App on an annual or yearly basis or such other duration as we may authorize in our sole discretion (each such duration, the “Subscription Term”). If you have never previously subscribed to the BeUnison App, your BeUnison App subscription may start with a free trial to the subscription service (the “Free Trial”). The duration of your Free Trial will be communicated to you upon your subscription to the BeUnison App. You may still subscribe to the BeUnison App without a Free Trial though in such case billing, as described below, will commence immediately.

You may cancel your subscription prior to the end of the Free Trial, if applicable, with no further obligation or liability to us with respect to the BeUnison App. Otherwise, billing for your subscription will commence at the end of the Free Trial at the rate communicated to you upon initiation of your subscription. Unless cancelled no less than 24-hours prior to the end of your Subscription Term, your subscription will automatically renew. The entire amount due for the next Subscription Term will be charged to the payment method we have for you on the first day of such renewed Subscription Term, which may be any date during the month depending on when your initial subscription commenced. Please note that you may not receive a notice from us regarding an upcoming charge, either due to the end of your Free Trial or the renewal of your subscription for another Subscription Term. We reserve the right to adjust pricing for the BeUnison App in any manner and at any time as we may determine in our sole and absolute discretion. Any such price changes will take effect following notification to you and only upon the renewal of your subscription for another Subscription Term. Increases or decreases in subscription prices for the BeUnison App will not apply retroactively or to any partial period within a Subscription Term.

You may cancel your subscription or confirm your Subscription Term end date by contacting us at help@beunison.com. Following any cancellation, your subscription will remain active through the end of your then-current Subscription Term. With the limited exception of your initial annual subscription or a lifetime subscription to the BeUnison App, subscription fees are fully earned upon payment and, accordingly, payments are nonrefundable. You may cancel your first annual subscription or a lifetime subscription purchase within the first thirty (30) days of your access to subscription-based content and any associated charges will be promptly refunded to you.

When you register for a Free Trial or otherwise subscribe to the Services via the Digital Properties you will be required to provide a valid payment method in order for us to begin billing your subscription fee at the conclusion of the Free Trial or immediately, as the case may be. Please note that we may authorize your payment as soon as you register for a Free Trial and this authorization may impact the balance and available credit of your account with the relevant payment method. By providing your payment method, you expressly authorize us to charge your designated payment method at the start of each Subscription Term at the then-current subscription rate. If a payment is not successfully settled for any reason, including due to expiration of your payment method, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing your designated payment method, as it may be updated. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details. We reserve the right not to process, to delay processing pending receipt of additional verification regarding your identity, or to cancel your order or your subscription and access to the BeUnison App at any time and for any reason or no reason in our sole discretion including in the event we are unable to charge your payment method. In the event we cancel your subscription during a Subscription Term, excluding a lifetime term, other than as a result of your breach of these Terms, we will refund a pro-rata amount of your subscription fees for the remainder of your Subscription Term. You are responsible for ensuring your payment method is up to date by communicating any changes to us at help@beunison.com.

We may offer the BeUnison App as part of a bundle of offerings with other BeUnison products or services. In such instances, all of the terms applicable to the individual products and services included in such bundle will apply to such products and services except that the refund policy for all components of such bundle will match the policy with the shortest term of the various products and services in such bundle.
Please note that if you subscribe to the BeUnison App via the Apple App Store or Google Play Store, as the case may be, the above description of the BeUnison app policies and procedures may be superseded by the refund, billing, cancellation and other policies and procedures of the Apple App Store or Google Play Store, as the case may be. Please see below for more information about the Apple App store and its policies and procedures.

Mobile Service

You must have Internet access to use our Digital Properties and to the extent you access our Digital Properties or Services through a mobile network, your network provider's messaging, data and other rates and fees may apply. We do not warrant that our App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to our App and that you may be required to install any such updates in order for such App to continue functioning properly. You may not export our App except in compliance with all applicable laws.

iOS App

The following applies if you obtain our App through the Apple App Store:

You acknowledge and agree that the Terms are solely between you and BeUnison, not Apple, and that Apple has no responsibility for the App or the content thereof. Your use of the App must comply with the Apple Media Services Terms and Conditions or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will be responsible for any refund of the purchase price for the App to you, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms and any law applicable to BeUnison as a provider of the App. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to BeUnison as provider of the App. You acknowledge that, in the event of a claim that the App and your possession and use thereof infringes a third party's intellectual property rights, BeUnison, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and BeUnison acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as relates to your license of the App and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as relates to your license of the App against you as a third-party beneficiary thereof.

Apple and the Apple logo are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. iTunes is for legal or rightsholder-authorized copying only.

Android™ App

The following applies if you obtain any App through Google Play Store:

You acknowledge and agree that these Terms are solely between you and BeUnison, not Google LLC, and that Google has no responsibility for the App or the content thereof. Your use of the App must comply with the Google Play Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms and any law applicable to BeUnison as a provider of the App.

Android™, GooglePlay™, and Google™ are all trademarks of Google LLC.

Click to add text or drag and drop element from right hand panel
Success message!
Warning message!
Error message!