Last Updated:03/19/2025
These Terms and Conditions (the “Terms”) govern your use of the products and services provided by Tranquely, Inc., including its websites, social media pages, software applications, and other online platforms (referred to collectively as the “Services”). By accessing or using the Services, you agree to comply with these Terms.
Please read these Terms carefully. By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use of the Services.
These Terms include a provision requiring most disputes between you and Tranquely to be resolved through binding arbitration on an individual basis, as outlined in Section 16. By agreeing, you waive your right to a jury trial or to participate in a class action or similar proceeding.
Some Services may include additional terms and conditions that apply specifically to those Services. Unless explicitly stated otherwise, such additional terms supplement these Terms and will govern your use of the relevant Services. In the event of any conflict between these Terms and the additional terms, the additional terms will take precedence.
Eligibility
To use the Services, you must be at least 16 years old. If you are under the legal age of majority in your jurisdiction, you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf. Parents or legal guardians are responsible for their minor's activities on the Services.
Certain features of the Services may require you to create an account. You agree to provide accurate, up-to-date, and complete information during the registration process and to keep this information updated. You are responsible for maintaining the security of your account credentials and for all activities conducted under your account. Notify us immediately at [add support email] of any unauthorized account use or security breach. Tranquely is not liable for any loss or damage resulting from your failure to secure your account information.
Account Password: When you create or verify your account on our website or through any offers on our offer pages, the password we send you is temporary and securely stored in an encrypted format. You can change it at any time, and your new password will remain protected.
Recurring Subscriptions
Tranquely offers paid subscription services, which are provided on an automatically renewing basis ("Recurring Subscriptions"). By subscribing, you consent to your subscription being automatically renewed at the end of each subscription period you select. You authorize Tranquely to charge your chosen payment method for the current subscription rate, plus any applicable taxes and fees, on a recurring basis. The subscription will continue to renew automatically unless you cancel it as described below. If a payment cannot be processed using your selected payment method, you are still responsible for any unpaid amounts.
Cancellation
To avoid being charged for the next subscription period, you must cancel your Recurring Subscription at least 24 hours before the end of the current subscription period. If you subscribed directly through [add details or link], you can cancel by visiting [add link]. If you subscribed through a third-party platform, such as an app store, you must cancel directly through that platform. Only the primary account holder can cancel a subscription. Once you cancel, you will continue to have access to the app features until the end of your current subscription period, but you will not receive a refund for any fees already paid.
Changes
Tranquely reserves the right to change the terms of your Recurring Subscription, including the subscription fee, at any time. We will notify you in advance of any significant changes via the email associated with your account. If you do not agree to the changes, you must cancel your subscription in accordance with the cancellation procedure described above before the changes take effect.
Tranquely occasionally provides promotional offers, such as free trials or discounted rates, for its Recurring Subscriptions. These promotions come with specific terms and conditions ("Offer Terms"), which will be detailed when the offer is presented. Typically, these promotions are available exclusively to new subscribers who have not previously subscribed or taken advantage of a similar offer. To qualify for a promotional offer, you must provide a valid payment method at the time of sign-up. After the promotional period concludes, Tranquely will automatically begin charging your payment method at the standard subscription rate unless you cancel at least 24 hours before the end of the promotional period.
Payment Method
When making a purchase through our Services, including subscriptions or gift cards, you are required to provide a valid payment method. By doing so, you authorize Tranquely to charge the specified payment method for the total amount of your purchase, including any applicable taxes and fees. Tranquely may update your payment details using information provided by payment processors or financial institutions. If your payment method is declined or if suspicious activity is detected, Tranquely reserves the right to cancel the transaction.
If you encounter any issues with a transaction made through our Services, we encourage you to contact Tranquely directly to resolve the matter before involving your payment provider. Tranquely may require identity verification or additional information to address payment disputes effectively. Transactions may also be canceled if fraudulent activity is suspected.
Refunds
Refunds for purchases made through our Services are typically not offered unless required by applicable laws.
Future Functionality
Purchasing Services from Tranquely is not contingent upon the release of any future features or content. Tranquely does not guarantee the availability of future functionality, and any public statements about potential updates should not be interpreted as commitments.
Tranquely Services Ownership
All materials and content provided through the Services, such as text, graphics, images, videos, audio, software, and other media, are the property of Tranquely or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws. Unless expressly permitted by these Terms, you may not copy, distribute, alter, create derivative works from, publicly display, perform, republish, download, store, or share any part of the content without obtaining prior written approval from Tranquely or the relevant rights holder.
Subject to your compliance with these Terms, Tranquely grants you a restricted, non-exclusive, non-transferable, and revocable license to access and use the Services solely for personal, non-commercial purposes. Additionally, you are permitted to download and install a copy of any Tranquely mobile application on a device you own or control for your private use. This license does not transfer any ownership rights to you, and any unauthorized use will result in the termination of this license.
User Content Ownership
The content you create, upload, or share through the Services ("User Content") remains your property, and Tranquely does not claim ownership of it. However, by sharing User Content through the Services, you grant Tranquely a worldwide, non-exclusive, royalty-free license, which is both sublicensable and transferable. This license allows Tranquely to use, store, display, reproduce, modify, create derivative works from, perform, distribute, and otherwise utilize your User Content as needed to operate and promote the Services.
License You Grant to Tranquely
When you make your User Content available through the Services, you give Tranquely permission to use your content, including your name, likeness, or personal identifiers, across all existing and future media channels. You understand that others may have access to your User Content, and you allow Tranquely to use it for various purposes, including marketing and promotional activities. You confirm that you have the necessary rights to share your User Content and that Tranquely’s use of it does not infringe upon the rights of others.
The Services may include links to or integrate with third-party products, services, websites, or other content that is not under the control of The Better Mood (“Third-Party Content”). Such content is provided solely for your convenience, and Tranquely does not endorse or accept any responsibility for it. Your interactions with Third-Party Content are entirely at your own risk, and Tranquely is not liable for any damages resulting from your use of such content.
If you believe that any content available on the Services violates your copyright or intellectual property rights, you may contact Tranquely’s designated agent with your concerns:
Submitting a false claim of infringement may result in liability for damages caused to Tranquely.
In compliance with the Digital Millennium Copyright Act (DMCA) and other relevant laws, Tranquely has implemented a policy allowing for the termination of user accounts if the user is found to be a repeat infringer of intellectual property rights.
As a user of the Services, you are fully responsible for your conduct and agree to refrain from the following prohibited actions:
Tranquely reserves the right to monitor the use of the Services and may, at its sole discretion and without prior notice, remove or restrict access to any User Content that is believed to violate these Terms or applicable laws. Additionally, we may investigate and pursue legal action against users who engage in prohibited conduct.
Tranquely reserves the right to suspend or terminate your access to the Services, or deactivate your account, at any time and for any reason, including violations of these Terms.
If you access the Services through a Tranquely Business subscription, it may be terminated if you no longer meet the eligibility requirements under the agreement between Tranquely and the sponsoring organization.
You can cancel your account anytime by contacting us at [add support email]. Please note that canceling your account does not automatically cancel any active subscriptions. Subscriptions must be canceled separately.
After account termination or suspension, certain provisions of these Terms, such as those related to ownership rights, liability disclaimers, and dispute resolution, will remain in effect.
The Services are provided "as is" and "as available" without any warranties, whether express or implied. Tranquely does not guarantee that the Services will meet your expectations or that they will always function without interruption, errors, or defects.
This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not permit the exclusion of implied warranties, so these disclaimers may not apply to you.
The Services are intended for informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment. Tranquely is not a licensed medical care provider and does not offer medical services, including the diagnosis or treatment of medical conditions.
Always consult a qualified healthcare professional if you have concerns about your health. Tranquely is not responsible for providing emergency assistance and advises against using the Services while engaging in activities requiring full attention, such as driving or operating heavy machinery.
You agree to defend, indemnify, and hold harmless Tranquely, as well as its officers, employees, and agents (referred to as "Tranquely Parties"), from any claims, damages, or expenses resulting from:
You also agree to notify Tranquely promptly about any claims and cooperate fully in their defense efforts. Tranquely reserves the right to take control of the defense or settlement of claims at its discretion.
To the maximum extent permitted by law, Tranquely, along with its affiliates, licensors, service providers, and suppliers, will not be responsible for any indirect, incidental, consequential, special, or punitive damages arising from or related to these Terms or your use of the Services. This limitation applies even if Tranquely has been advised of the possibility of such damages.
Tranquely’s total liability for any claims associated with these Terms or your use of the Services is limited to the total amount you have paid to Tranquely for the Services. No minimum liability amount is implied or guaranteed.
Please note that certain jurisdictions may not permit the exclusion or limitation of liability for incidental or consequential damages. In such cases, these limitations may not apply to you.
Please Review Carefully:
By agreeing to these Terms, both you and Tranquely agree to resolve most disputes through binding arbitration, conducted on an individual basis, rather than through court proceedings or class actions.
Arbitration Agreement:
Any dispute, claim, or controversy arising from or related to these Terms or your use of the Services, including those related to privacy and data security, will be resolved through binding arbitration. Both parties retain the right to bring individual claims in small claims court or seek court relief for intellectual property disputes. Arbitration will be conducted individually and not as a class action or collective proceeding.
Opt-Out Option:
You may opt out of this arbitration agreement by providing written notice within 30 days of agreeing to these Terms. To opt-out, send your notice to Tranquely at [add link], including your full name, mailing address, and a clear statement that you wish to opt out of arbitration.
Arbitration Process:
Before initiating arbitration, the party must attempt to resolve the issue informally by contacting the other party. If you have a dispute with Tranquely, send a written notice to Tranquely’s registered agent at [add details] or email us at [add support email]. Your notice must include your name, contact details, a description of the dispute, and the specific relief sought.
If the matter remains unresolved after 30 days, either party may proceed to arbitration. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The process may occur in person, by phone, or online. The arbitrator may grant any relief available in court, but only to the extent necessary to resolve the individual dispute.
Enforceability:
If any part of this arbitration agreement is determined to be unenforceable, that portion will be severed, and the remainder of the agreement will remain valid and effective. If a dispute requires resolution in court, it will be handled in the appropriate courts within the designated jurisdiction.
These Terms, as well as any disputes arising from or related to them or the Services, will be governed by and interpreted under the laws of the State of California, without regard to its conflict of laws principles.
If a dispute cannot be resolved through arbitration, both parties agree that such disputes will be handled exclusively in the appropriate state or federal courts located in California. By agreeing to these Terms, both parties consent to the jurisdiction and venue of these courts.
Tranquely may modify, suspend, or terminate the Services or any part of them at any time without prior notice. This may be done for maintenance, updates, security improvements, or other operational reasons.
Tranquely is not responsible for any damages resulting from modifications, suspensions, or termination of the Services.
Tranquely reserves the right to revise these Terms at any time. Changes will be reflected with an updated “Last Updated” date, and notice of significant changes may be provided.
If you continue using the Services after changes take effect, it constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and close your account.
These Terms, along with any additional terms referenced or incorporated by reference, form the complete and exclusive agreement between you and Tranquely regarding your use of the Services. This agreement replaces and supersedes any prior agreements or understandings. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to remain in full effect.
These Terms are created solely for the benefit of you and Tranquely, and no rights are granted to any third parties unless explicitly mentioned. You may not assign or transfer your rights or obligations under these Terms without obtaining prior written consent from Tranquely. However, Tranquely reserves the right to transfer or assign its rights and obligations under these Terms without any restrictions.
Tranquely’s decision not to enforce a specific provision of these Terms does not constitute a waiver of that provision. Section headings are provided for convenience only and do not hold any legal significance. All communications related to these Terms between you and Tranquely will be conducted electronically.
If you are using the Tranquely mobile app on a device manufactured by Apple Inc. (“Apple”), the following terms apply. This section serves as a customized End User License Agreement (EULA) for the Tranquely app, fulfilling Apple’s requirements and superseding Apple’s standard EULA.
Agreement Between You and Tranquely
These Terms constitute an agreement solely between you and Tranquely, not Apple. Tranquely is fully responsible for the app and its content, as far as Apple is concerned.
License Scope
You are granted a non-transferable license to use the Tranquely app on any Apple-branded device that you own or control, in accordance with the App Store Terms of Service.
Maintenance and Support
Tranquely is solely responsible for providing maintenance and support for the app. Apple has no obligation to offer any maintenance or support services for the app.
Warranty Obligations
Tranquely is responsible for any warranties related to the app, as permitted by law. If the app fails to meet these warranties, you may notify Apple for a refund (if applicable). Beyond this, any additional warranty responsibilities rest solely with Tranquely.
Handling Claims and Liability
As outlined in these Terms, Tranquely, and not Apple, is responsible for addressing any claims related to the app or your use of it. This includes claims concerning product liability, legal or regulatory compliance, and issues under consumer protection laws.
Intellectual Property Responsibilities
Tranquely is responsible for handling any intellectual property infringement claims related to the app or your use of it.
Legal Compliance
By using the app, you confirm that you are not located in a country under a U.S. Government embargo, designated as “terrorist supporting,” or listed on any U.S. Government restricted parties list.
Contact Information
For any questions, complaints, or claims related to the app, you can reach out to Tranquely using the contact details provided in our contact section.
Third-Party Rights
Apple and its subsidiaries are recognized as third-party beneficiaries of these Terms and have the right to enforce them against you.
Tranquely does not accept unsolicited creative ideas or suggestions. By submitting feedback or suggestions, you grant Tranquely the right to use, modify, and implement your feedback without obligation or compensation.
For any questions or concerns regarding these T&Cs or our Services, please contact us at:
Website:[add website link]
E-mail:[add email]