TERMS OF SERVICE
These Terms of Service are an agreement between you and Soulfull Gatherings LLC, a Texas limited liability company ("Soulfull Gatherings", "we", "us"). They apply when you download, open or use the Soulfull Gatherings iOS app, and when you use soulfullgatherings.com.
By using the app or the site, you agree to these terms. If you do not agree, do not use them.
I. WHO CAN USE SOULFULL GATHERINGS
You must be at least 13 years old to use the app. If you are under 18, you may use it only with the involvement of a parent or guardian who agrees to these terms on your behalf. You must be 18 or older to book a retreat.
You may not use the service if you are barred from doing so under applicable law.
II. YOUR ACCOUNT
Browsing without one. You do not need an account to look around. The retreat catalogue, retreat details, and the Practice section's listings are open to anyone who opens the app. We ask for an account only when you go to open a practice, such as a session, a journal prompt, an exercise, a recipe or a massage, because those are things we keep for you.
Creating one. You can create an account with an email address and a password, or use Sign in with Apple. You agree to give accurate information and keep it current. You are responsible for your password and for everything that happens under your account. Tell us promptly at info@soulfullgatherings.com if you think someone else has access to it.
One person, one account. Do not share your login, and do not create an account on someone else's behalf without their permission.
Ending it. You can delete your account at any time from the You tab. Deletion is permanent; see our Privacy Policy for exactly what goes and what has to stay. We may suspend or close an account that breaches these terms, that we are required to close by law, or that is being used in a way that risks harm to other people. Where it is reasonable to do so, we will tell you first.
III. YOUR LICENCE TO USE THE APP
We grant you a personal, limited, revocable, non-exclusive, non-transferable licence to use the app on Apple-branded devices you own or control, for your own non-commercial use, in accordance with Apple's App Store Terms of Service and these terms.
That licence does not include any right to sell, rent, sublicense, reverse-engineer, decompile or attempt to extract the source code of the app, except to the extent that restriction is unenforceable under applicable law.
IV. OUR CONTENT
Everything we put in the app and on the site, including audio and video sessions, journal prompts, exercises, recipes, massage guides, retreat writing, photography, the Soulfull Gatherings name and marks, the design and the software, belongs to us or to the people who licensed it to us, and is protected by copyright, trademark and other laws.
You may use it for your own practice. You may not copy, record, screen-capture for redistribution, download outside the app, republish, sell, or use it to build a competing product, and you may not use it in a class, studio, workplace or any other setting where other people are being taught from it, without our written permission. If you would like to use something of ours, ask us. We are reasonable.
V. WHAT YOU WRITE
Journal reflections you write in the app stay on your own device. We do not receive them, and we claim nothing over them.
If you send us something else, such as feedback, an idea, a photograph for a retreat album or a testimonial, you keep ownership of it, and you give us a worldwide, royalty-free, non-exclusive licence to use, reproduce and display it in connection with running and promoting Soulfull Gatherings. You confirm you have the right to give us that licence. You can withdraw it for anything not yet published by writing to us. Feedback and suggestions we may use freely, with no obligation to you.
VI. HOW YOU AGREE TO BEHAVE
Do not break the law, or use the service to help anyone else break it.
Do not harass, threaten, impersonate or endanger anyone, in the app or at a retreat.
Do not interfere with the service. No scraping, no automated access, no probing, no attempts to get around security, rate limits or access controls, and no malware.
Do not access another person's account, or any part of our systems you were not given access to.
Do not use the service to send unsolicited messages or promote anything commercial.
Do not misrepresent your health or fitness in a way that puts you or others at risk on a retreat.
VII. THE SERVICE WILL CHANGE
We are a small operation and the app is actively being built. We may add, change, or remove features, sessions, recipes and retreats, and we may set or change limits, at any time and without liability to you. Some features described in the app or on the site may not be available yet, or may be available only in some places. If we discontinue the service entirely, we will give you reasonable notice and, if you have paid for something you have not received, we will refund it.
VIII. WELLNESS. READ THIS ONE.
Soulfull Gatherings is not a medical service, and nothing in the app or on a retreat is medical advice, diagnosis or treatment. We are not doctors, therapists or licensed healthcare providers, and no relationship of that kind is created by your using the app or attending a retreat.
Breathwork, somatic movement, meditation, massage and physical activity carry real risks, including dizziness, fainting, injury, and the surfacing of difficult emotional material. Breathwork in particular is not appropriate for everyone, including during pregnancy and for people with cardiovascular conditions, epilepsy, glaucoma, or a history of aneurysm or psychiatric hospitalisation.
You agree that you will talk to a qualified healthcare professional before starting any new practice, especially if you are pregnant, recovering from injury or surgery, or have any medical or psychiatric condition. You take part voluntarily and at your own risk, and you are responsible for judging what is safe for your own body. You will stop immediately if you feel pain, dizziness, breathlessness or distress, and seek medical help if you need it. You will never practise breathwork in or near water, while driving, or anywhere a loss of consciousness could injure you.
Nutritional and recipe content is general information, not dietary advice, and does not account for your allergies or conditions.
If you are in crisis, you will contact emergency services or a crisis line. The app is not a crisis service and nobody is monitoring it.
To the fullest extent the law allows, you release us from claims arising out of your participation in any practice, and you assume the risks described here.
IX. PAYMENTS AND RETREATS
Retreat bookings, deposits, balances, cancellations, refunds and changes are governed by the Retreat Booking and Cancellation Policy, which forms part of your agreement with us when you book. Where the two documents conflict on a booking question, that policy wins.
The app contains no in-app purchases and no subscription. Where in-app reservation is available, payment is processed by Stripe under Stripe's own terms, and prices are shown in US dollars unless stated otherwise.
X. OTHER PEOPLE'S SERVICES
The app and site connect to services we do not control: Apple, Stripe, our hosting provider, and, for some retreats, a group chat hosted on a third-party messaging platform. Your use of those services is governed by their terms and privacy policies, not ours. Joining a retreat group chat is optional, and doing so shares whatever that platform shows other members. Links we provide to other sites are not endorsements, and we are not responsible for what is on them.
XI. TERMS APPLE REQUIRES US TO INCLUDE
These apply to the iOS app, and are between you and us, not you and Apple.
This agreement is between you and us alone. Apple is not a party to it, and is not responsible for the app or its content.
Apple has no obligation to provide any maintenance or support for the app.
If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, any failure to conform to a legal or regulatory requirement, and claims under consumer protection or similar law.
If a third party claims the app infringes their intellectual property, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
You confirm you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and are not on any US Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these terms, and upon your acceptance will have the right to enforce them against you.
XII. THE SERVICE IS PROVIDED AS IT IS
To the fullest extent permitted by law, the app, the site and all content are provided "as is" and "as available", without warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the service will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that any content is accurate, complete or suitable for you. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
XIII. LIMITATION OF LIABILITY
To the fullest extent permitted by law, neither we nor our officers, employees, guides, contractors or suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to your use of the app or the site, whether the claim is in contract, tort, strict liability or otherwise, and even if we were told such damages were possible.
Our total liability for all claims relating to the app or the site is limited to the greater of the amount you paid us in the twelve months before the claim arose and one hundred US dollars (US$100). Liability arising out of a booked retreat is dealt with separately in the Retreat Booking and Cancellation Policy.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for fraud, or for fraudulent misrepresentation. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
XIV. INDEMNITY
You agree to indemnify and hold us harmless from claims, damages, losses and reasonable legal fees arising out of your breach of these terms, your misuse of the service, your violation of any law, or your infringement of anyone's rights. We will tell you about any such claim and you may take over its defence with counsel we reasonably approve; you may not settle in a way that imposes an obligation on us without our consent.
XV. ENDING THIS AGREEMENT
You may stop using the service and delete your account at any time. We may suspend or end your access as described in section II. Sections IV, V, VIII, and XII through XVIII survive the end of this agreement.
XVI. GOVERNING LAW
These terms are governed by the laws of the State of Texas and the federal laws of the United States, without regard to conflict-of-laws rules. Subject to section 17, the state and federal courts located in Travis County, Texas have exclusive jurisdiction, and you consent to their jurisdiction and venue.
If you are a consumer resident elsewhere, this does not deprive you of the protection of mandatory consumer law in your own country.
XVII. DISPUTES, ARBITRATION AND YOUR RIGHT TO OPT OUT
Please read this section carefully. It requires most disputes to be resolved individually, by arbitration rather than in court, and it waives your right to a jury trial and to take part in a class action.
Talk to us first
Before starting anything formal, email info@soulfullgatherings.com describing the problem and what you would like us to do. We will do the same before making a claim against you. Most things end here. If it is not resolved within 60 days, either of us may proceed.
Arbitration
Any dispute arising out of or relating to these terms or the service that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Travis County, Texas or, at your election, by telephone, video, or on written submissions. The arbitrator's award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section.
What is carved out
Either of us may bring an individual claim in small-claims court instead, and either of us may seek an injunction in court to protect intellectual property or stop unauthorised access to the service.
No class actions
Claims must be brought individually. Neither of us may bring a claim as a plaintiff or class member in a class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate more than one person's claims. If this paragraph is found unenforceable, the whole of this section 17 is void and disputes go to the courts named in section 16.
Opting out
You can opt out of arbitration. Email info@soulfullgatherings.com with the subject "Arbitration opt-out", and your name and the email on your account, within 30 days of first accepting these terms. Opting out costs you nothing and changes nothing else about your relationship with us.
XVIII. THE REST
Whole agreement. These terms, the Privacy Policy and, if you book, the Retreat Booking and Cancellation Policy are the entire agreement between us, and replace anything said before.
Changes. We may update these terms. We will change the date at the top, and for material changes we will notify you in the app or by email at least 30 days before they take effect. Continuing to use the service after that means you accept them; if you do not, stop using the service and delete your account.
Severability. If a provision is unenforceable, the rest stands.
No waiver. Not enforcing something once does not waive it.
Assignment. You may not assign these terms. We may, to a successor in connection with a merger, acquisition or sale of assets.
Notices. We will contact you at the email on your account. You reach us at info@soulfullgatherings.com and at the address below.
Force majeure. Neither of us is liable for a failure caused by something genuinely outside our reasonable control.
No third-party rights, except Apple as set out in section XI.
XIX. CONTACT
Soulfull Gatherings LLC
3001 Esperanza Crossing
78758 Austin, Texas
United States