Terms of Service
1) About Us. We are Ninja Focus, Inc. (“Ninja Focus”, “us”, “we” or “our”), a Delaware corporation.
2) Our Services. Ninja Focus provides a mobile application to promote mindfulness among children. We deliver to users (“Users,” “you”, “your”) mindfulness tools via the Ninja Focus app, which can be found on Apple’s App Store or Google Play store for Android and through other platforms and media through which we may make the services, content and functionality available, including any related website (collectively, the “Services”).
3) Purpose of Terms of Service. This Terms of Service (“Terms of Service”) contain the legally binding terms for your use of the Services and govern your access and use of the Ninja Focus app, and any content, functionality, and services offered on or through any related website or our app. You should also review Ninja Focus’s Privacy Policy, accessible through the Ninja Focus mobile application, which contains important information about how we use your data. By accessing and using the Services, whether on a free or subscription basis, you agree to comply with and be bound by these Terms of Service. As explained in our Privacy Policy, and as described here, different practices apply to Users under the age of 13 (“Child Users”). If you do not agree to these Terms of Service, you should not access or use the Services.
Users hereby grant and acknowledge Ninja Focus the right to enable registered users to activate or control certain features of the Ninja Focus application with their voice on Amazon Alexa to promote mindfulness practices among children. Use of the Voice Activated Commands results in the temporary collection and recording of a voice audio file. We only use the audio files generated from the Voice Activated Commands to execute those instructions and do not make other uses of the audio files. We delete the associated audio files after executing the requested action subject to the provisions 13 and 16.
4) Terms of Service Changes. Ninja Focus reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services at any time and without prior notice. We will usually inform you of any changes by posting the updated Terms of Service through the mobile applications and notifications though e-mail or text messages. If we make any material changes to these Terms of Service, we will post a notification through the mobile applications and on the Ninja Focus website and, if you are registered, notify you via your preferred means of contact for such notices (e-mail or text message) and/or by asking you to review the changes to these Terms of Service the next time you access the Services. Your continued use of the Services after the time the changes are communicated will indicate your acceptance of the Terms of Service, including those changes.
5) Permitted Uses. The Services are made available to you for your non-commercial use only. You agree not to use Ninja Focus or any of its content to promote a product or service. You may not modify, reproduce, download, store, distribute, publish, license, or create derivative works from the Services or from the Content. You may not access Ninja Focus in any way that could damage, disable or overburden the Services. You may not use any third-party APIs, software, tools or scripts to access or modify the Services or underlying technology, unless you are authorized in writing by Ninja Focus.
6) Your account.
i. By creating an account, you represent and warrant that:
a. you are over the age of 18;
b. all required registration information you submit, whether through Ninja Focus is truthful and accurate;
c. you will maintain the accuracy of such information; and (iv) if you are a subscriber, your account will be used only by the subscriber, and will not be shared with others outside of the same household.
ii. To register for the services, you will be asked to choose a username and a password. You are responsible for maintaining the confidentiality of your password and all use of your Ninja Focus account. You agree not to use the account, username, or password of another User. You agree to notify us immediately if you suspect any unauthorized use of your Ninja Focus account or access to your password.
iii. Ninja Focus may restrict, deactivate or terminate your access to the Services or your Ninja Focus account if Ninja Focus believes you are in breach of these Terms of Service, You understand that deactivation of your Ninja Focus account by you or by us may remove information from our live databases, but that our servers may maintain certain information for archival or legal purposes.
7) Content. In all cases, “Content” means any and all text, images, photos, videos, sounds, postings, messages, recommendations, comments, files, feedback, bug reports, or other materials and works of authorship. Ninja Focus may use content from Company Content Providers such as authors, influencers providing meditation, athletes with the Company Content Providers’ authorization to promote Ninja Focus services. The Content provided through our website and the Services is protected by law, including, but not limited to, United States copyright law and international treaties. The website and the Services are controlled and operated by Ninja Focus from its offices within the United States. Ninja Focus makes no representation that materials on the website and in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site and the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
Ninja Focus grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided as part of the Services for your use in accordance with these Terms of Service. You acknowledge that Ninja Focus owns all right, title and interest in, to, and under the Services, including without limitation, all underlying software and technology, and all other Intellectual Property Rights in relation to the Services, other than that owned by third parties. “Intellectual Property Rights” means any and all intellectual property rights existing in any part of the world under applicable law, including without limitation patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide.
You agree not to:
i. modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Services;
ii. rent, lease, loan or sell access to the Services; or
iii. decompile, reverse engineer or copy any Content (other than the Content you post) or the Services. You also agree to not remove, obscure or alter Ninja Focus’s copyright notice, logos, trademarks or other proprietary rights notices affixed to or contained within the Services. You will not interfere with, disrupt or create an undue burden on the Services or the networks or services connected to the Services.
8) Subscription Charges. The Ninja Focus Service may require a subscription which may be charged in advance or periodically, according to the plan you selected when you began your subscription (the “Subscription Services”). The subscription charge will be as follows:
- Monthly Subscription $9.99
- Yearly Subscription $69.99
Your payment may be charged directly by Ninja Focus through third party payment processors (e.g., Stripe, PayPal, Google Play, App Store, Amazon, Microsoft Store), in which case you should look to the provider’s terms regarding in-app payments. To the extent the Services or any portion thereof is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to Ninja Focus. Your account and access to the Services may be suspended in the event of non-payment of applicable fees
a. If you purchase Subscription Services, you agree that your subscription is personal to you and the members of your household, and you may not share your account and password with others. Any such sharing by you of your account and password is a violation of these Terms of Service and may result in the cancellation of your subscription without refund. Most subscriptions will automatically renew at the end of the subscription period with a charge to the credit card that Ninja Focus has on file for you if you do not turn off cancel the subscription 24 hours prior to the renewal period (unless you have a subscription during trial period), or through the payment provider you have chosen. For all subscription plans, if you do not wish your subscription to auto renew, you may cancel at any time through your account or from your Google Play Store account settings. Subscription canceled during the trial will not be charged. Ninja Focus will not refund any unused or inadvertently renewed subscriptions, and it is always within Ninja Focus’s sole discretion whether to grant any refunds. Child Users may not sign up for Subscription Services. If the parent or guardian of a Child User wishes to purchase a Subscription Service for the Child User, the parent or guardian must create an account and gift the subscription to the Child User. In that event, all account information will relate to the parent or guardian and no personal information will be retained for the Child User.
b. When you pay for a subscription, Ninja Focus will take your credit card or other payment information and billing address and will collect and use such information in accordance with the Ninja Focus Privacy Policy. If your designated payment method is refused or returned, you acknowledge that Ninja Focus may immediately cancel your subscription. Prices and payments are in United States currency only, and you are responsible for paying any applicable taxes on the subscription, unless stated otherwise. We reserve the right to change fees by publication in the Ninja Focus Services and any new subscription fees will apply after the end of your current subscription period.
9) Breach. Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Services and deactivation of your account, along with the cancellation of your subscription, if applicable.
10) Legal Obligations. In order to cooperate with legitimate government or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of Ninja Focus or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, account information, device ID, IP address, usage history and other information and data. We will not disclose any information or data of a Child User, without first notifying, and, if appropriate, getting permission from the parent or guardian.
11) Disclaimer of Warranties. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. NINJA FOCUS MAKES NO CLAIMS WHATSOEVER ABOUT ANY MEDICAL OR HEALTH BENEFITS FROM THE USE OF THE NINJA FOCUS SERVICES AND DOES NOT PURPORT TO GIVE MEDICAL ADVICE. IT IS SOLELY YOUR RESPONSIBILITY TO CONSULT WITH YOUR OWN MEDICAL AND HEALTH PRACTITIONERS ABOUT YOUR OWN PHYSICAL AND MENTAL HEALTH AND THE MENTAL AND PHYSICAL HEALTH OF ANY CHILD USER FOR WHOM YOU ARE RESPONSIBLE. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF SERVICES. NINJA FOCUS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NINJA FOCUS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, QUALITY AND PERFORMANCE OF THE CONTENT AND THE SERVICES. NINJA FOCUS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR VIEWING OF THE CONTENT AND USE OF THE SERVICES, AND DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY BENEFIT FROM YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU VIEW THE CONTENT AND USE THE SERVICES AT YOUR OWN DISCRETION AND RISK. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
12) Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NINJA FOCUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NINJA FOCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
I. THE USE OR THE INABILITY TO USE THE SITE;
II. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES;
III. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
IV. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
V. ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT NINJA FOCUS WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND NINJA FOCUS’ REASONABLE CONTROL.
IN NO EVENT SHALL NINJA FOCUS BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL NINJA FOCUS BE LIABLE TO ANY USER IN CONNECTION WITH THAT USER’S USE OR MISUSE OF THE CONTENT OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF NINJA FOCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CONTENT OR SERVICES, FROM INABILITY TO USE THE CONTENT OR SERVICES, FROM ANY CLAIM RELATING TO THE USER OF THE CONTENT OR THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CONTENT OR SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13) Release. You hereby release us, our officers, employees, investors, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, emotional distress, death and property damage, that is either directly or indirectly related to or arises from your use of the Services.
14) Indemnity. You agree to defend, indemnify and hold Ninja Focus, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Content or Services or your violation of these Terms of Service.
15) Comments. If you have comments on the Ninja Focus website or Services or ideas on how we might improve, please contact us at privacy@ninjafocus.com. If you submit any comments or ideas to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all Intellectual Property Rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments and ideas for any purpose. The licenses granted under this Section shall survive the termination or expiration of these Terms of Service.
16) Resolution of Questions/Concerns. If you have any questions or concerns about the Services or these Terms of Services, we strongly encourage you to first contact us privacy@ninjafocus.com directly.
17) Arbitration. For any claim where the total amount of the award sought is less than $10,000 (excluding claims for injunctive or other equitable relief), either party may elect to resolve the dispute in a cost effective manner through binding arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
i. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
ii. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
iii. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
18) Governing Law. These Terms of Service shall be governed by the laws of the State of Arizona without giving effect to any conflicts of laws principles that would require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Ninja Focus must be resolved by a court located in Maricopa County, Arizona, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.
19) Miscellaneous. If for any reason a court finds any provision or portion of this Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination. This Terms of Service is the entire agreement between the parties with respect to the use of the Services and supersedes and replaces all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Ninja Focus.