The following terms apply to this Agreement:
Confidential Information means all trade secrets,
ideas, know how, concepts and information whether in writing or otherwise relating in
any way to Us or to You, Our sub-licensees, agents and employees, Your or Our affairs or
businesses, sales, marketing or promotional information, this Agreement including any
such information in Our or Your power, possession or control concerning or belonging to any
third party but does not include information that:
- is, or becomes part of, the public domain otherwise than by breach of this Agreement by
You or Us;
- is lawfully obtained by either party from another person without any restriction as to
use and disclosure; or
- was in the receiving party's possession prior to disclosure to it by You or Us.
AM App means the mindfulness, meditation and other modules
developed by Awakened Mind, including Third Party Content that We may make available
from time to time, and any updates, upgrades, modifications and documentation that We
provide to You by subscription under this Agreement.Fees means the First Term
Fees, the Renewal Term Subscription Fees and any additional fees
that You and Us agree are payable under this Agreement.
First Term means the initial period of paid AM App provided
under the Agreement.
First Term Subscription Fees means the fees owed by
You to use the AM App for the First Term.
Free Term means a period for using the Free AM App at no charge
that We may provide to You.
Free AM App means a limited version of the AM App that We may
make available to You to use for a Free Term.
Order means the purchase of a license to use the AM App for a
First Term or Renewal Term through the AM App, the Website, the Apple AppStore or Google
Our Intellectual Property Rights means copyright,
and all rights in relation to inventions, registered and unregistered trade marks (including
service marks), registered
and unregistered designs, circuit layouts, and any other rights resulting from intellectual
activity in the industrial, scientific, literary or artistic fields under the laws of any
throughout the world and includes data and usage statistics that We collect from Users of
the AM App or Free AM App but excludes Your Confidential Information.
Renewal Term Subscription Fees means the fees owed
by You to Us to extend the license to use the AM App for the Renewal Term.
Renewal Term means the period that starts at the
end of the First Term and includes each subsequent Renewal Term.
Supported Device means a computer or mobile device
that meets the specifications described on the Website and that We support for operating the
AM App or the Free AM App.
Term means the First Term and any subsequent Renewal Term.
Third Party Content means modules or other
materials that We may include in the AM App.
User means a single person identified by a unique email address
and such address may not be shared with other people.
Website means the Awakened Mind website at https://www.awakenedmind.com or the website of a
partner of Ours who is authorised to distribute the AM App or the Free AM App.