Throughout the site, the terms “we”, “us”, “our”, and “company” refer to Yaymin, Inc. “You”, “your”, and “user(s)” in this Agreement refer to the person accessing or using the “Services” as defined below.
Our Services include, but are not limited to, use of the software embedded into the Moksha Smart Device, the Moksha App subscription services used in conjunction with Moksha Smart Device or other electronic devices, products sold across our Site, and the services, features, content, websites, and linked pages offered by Yaymin, Inc.
By visiting or accessing our site and/ or using our Services in any manner, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”) and the Yaymin, Inc. Privacy Policy (moksha.site/privacy) (the “Privacy Policy”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or Services following the posting of any changes constitutes acceptance of those changes.
If you do not accept this Agreement and the Privacy Policy, you may not use the Site or Services and must discontinue use immediately
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, web designs, audio, video, text, photographs, and content on the Site (collectively the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Services and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Yaymin, Inc. and its licensors.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Services and to download Content to which you have properly gained access solely for your personal, non-commercial use.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Us.
By accessing, previewing, or otherwise using the Services in any manner, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age but at least 13 years old (a “Minor), you warrant that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms of Use. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of the Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner.
By using the Site or Services, you represent and warrant that 1) All registration information you submit will be true, accurate, current, and complete; 2) You will maintain the accuracy of such information and promptly update such registration information as necessary; 3) You will not access the Site or Mobile App through automated or non-human means whether through a bot, script, or otherwise 4) You will not use the Services for any illegal or unauthorized purpose.
If you provide any information that is untrue, inaccurate, not current, or incomplete, Yaymin, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof).
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.
Upon termination, your right to use the Services will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Services.
You must maintain an active Membership to continue using the Services. This Agreement and your Membership may be renewed for additional Membership periods pursuant to the Membership purchased. If you do not maintain an active Membership and pay all Membership Fees when due, this Agreement shall terminate.
Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content will no longer be available to you through the Services.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
You may be required to purchase or pay a fee to access some of our Services. Paid Services can include one-time purchases as well as automatically renewable subscription services to our Mobile App.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site or Mobile App. You further agree to promptly update account and payment information so that we can complete your transactions and contact you as needed.
We may change or discontinue Paid Services at any time, and all payments shall be in US Dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We may offer free trials for certain subscriptions for specified time periods, and your account will be charged according to the user’s chosen subscription at the end of the trial. You must cancel your subscription before the end of your free trial to avoid any additional charges.
Your subscription to the Moksha App in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by the Company. The content downloaded during subscription period is only allowed to be accessed from the Moksha App and is accessible only till subscription is active and in good standing.
By signing up for the Moksha App, you are expressly agreeing that the Company is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Moksha App through the credit card or other payment method accepted by the Company ("Payment Method") that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.
In order to sustain the subscription service, it is important that you honor the payment obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts you fail to pay in connection with the subscription service. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs.
You also understand and acknowledge that the Company only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
You can file any complaint related to payment transfer at Site and the same forwarded to the concerned third party payment gateway provider for redressal.
We may include software for use in connection with our Services. If such software is accompanied by an End User License Agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Terms of Use. Any software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content for the following:
The Site or Services may invite you to chat, contribute to or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to submit, post, display, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively “Contributions”, “Content”). The Services may also include functionality to permit automatic submission of Content in accordance to your account settings and the hosting, sharing, and/or publishing of such Content. Contributions may be viewable by other users of the Site and Services, and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You understand that Yaymin, Inc. does not guarantee any confidentiality with respect to Content or Contributions that you submit and make available to others.
The Company is not responsible for the content of the Services users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Services if you post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Services, you agree to use the Service at your own risk. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
By posting your Contributions to any part of the Site or Services, you automatically grant, and you represent and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, publicly perform, publicly display, reformat, translate, transmit, excerpt in whole or part, and distribute such Contributions (including without limitation your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, franchise name as applicable, and any of the trademarks, service marks, trade names, logos, and personal or commercial images you provide.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site or Services. You are solely responsible for your Contributions and expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right in our sole and absolute discretion to edit, redact, or otherwise change any Contributions, and recategorize any Contributions to place them in more appropriate locations throughout our Site or Services. We have no obligation to monitor your Contributions.
We may provide areas on the Site or Services to leave reviews or ratings. When leaving a review, you must have firsthand experience with the product or service being reviewed, your reviews should not contain offensive profanity or abusive and racist remarks, and they shall not be discriminatory or false in nature.
We may accept or reject and remove reviews at our sole discretion. We have no obligation to screen or delete reviews, and reviewers are not endorsed by us to represent our views or opinions.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
You assign all rights, title and interest in any Feedback you provide the Company. By posting a review, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
You shall not:
The following terms apply when you use our mobile app obtained from either the Apple Store or Google Play (each an “App Distributor”):
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, you must submit Your notice in writing to the attention of our copyright agent via email contact@mokshanecklace.com and include in your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email contact@mokshanecklace.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party websites.
Yaymin, Inc. Services are not intended to be a substitute for medical advice from your doctor or other medical professions, as well as any diagnosis or treatment you have received.
You expressly agree that our Services do not involve the provision of medical advice by Yaymin, Inc. The physical and mental health content you encounter in our Services is general and broad in nature, and it is not intended to diagnose, treat, cure, or prevent any medical conditions. If you have any health-related questions, please call or see your medical professional promptly. Communication with us via any means does not constitute a doctor-patient relationship. Any health-related information and links available through the Services, whether supplied by Yaymin, Inc. or external providers, are for your convenience only.
There have been infrequent reports of individuals with certain mental health issues, such as anxiety and depression, experiencing exacerbated symptoms following intensive breathing exercises. Individuals with pre-existing mental health conditions should consult their healthcare providers before beginning a breathing practice.
Yaymin, Inc. is not responsible for any health-related problems that may occur from information or changes in lifestyle made through our Services.
Do not use Yaymin, Inc. Services while driving, in water, or engaging in other tasks that require your attention and concentration. Rapid breathing can cause lightheadedness and may affect the heart. If you feel faint, dizzy, experience pain, or have trouble breathing at any point while using our Services, you should stop immediately and seek urgent medical attention.
Products or Services sold by Yaymin, Inc. may cause skin irritation. If this occurs, remove the product immediately and contact your medical professional.
Products or Services, including mouthpieces, sold by Yaymin, Inc. are intended for external use only and are not designed or suitable for ingestion. Any attempt to ingest these items is strictly prohibited and may result in serious harm.
You are solely responsible for your decisions and actions related to our content, information, and services, and any resultant injury or consequences.
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Yaymin, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We will maintain certain data that you transmit to the Site or Services for the purpose of managing the performance of the Site and Services, as well as data relating to your use. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
You agree to indemnify, defend and hold harmless Yaymin, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site and/or Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site or Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
We accept returns and exchanges of undamaged and unused products for up to 30 days after purchase. You can return your product for store credit, a different product, or a refund to the original payment method. Returned items must have tags still on and be returned in original condition. You will be responsible for return shipping costs.
To initiate a return, please complete the following steps:
Yaymin, Inc. warrants to the original end user purchaser that your electronic device is free from defects in material and workmanship for a period of one (1) year from the date of purchase. Within this one year period, Yaymin, Inc. will repair or replace your Moksha device so long as the limited warranty is not violated. Any limited warranty replacement shall be warranted under the original warranty period for the remainder of the warranty period. In order to qualify for the limited warranty, you must be the original owner of the Moksha Smart Device, and you must have no outstanding balance or unpaid fees. You shall be responsible for all transportation or shipping charges.
The limited warranty does not cover:
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR OR REPLACEMENT.
In order to request a warranty replacement, you must contact the Yaymin, Inc. support team at contact@mokshanecklace.com for eligibility and next steps. You shall be responsible for returning the Moksha device prior to receiving the replacement product.
In order to resolve a complaint regarding Yaymin, Inc. or to receive further information regarding the use of the Site or Services, please contact us at:
Yaymin, Inc.
13197 Condit Ranch Road
Frisco, TX, 75035
United States
Phone: 214-531-3350
contact@mokshanecklace.com
