Terms of Service
Last Updated: November 30th, 2023
Manna(also called the "App", the "Service"), provided by Baymed Limited Co., Ltd.
("Baymed", "we," "us," or "our"), is a mobile application designed to deliver an outstanding software experience for
our users. By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please
do not use our Services.
Please refer to our Privacy Policy for
information on how we collect, use, and disclose user information. Your use of our Services is subject to our
Privacy Policy.
We reserve the right to modify these Terms at
any time, at our sole discretion. If we make any changes, we will notify you by posting the modified Terms on our
app or through other means. It is important that you review these Terms whenever they are updated. If you continue
to use the Services after we have posted the modified Terms, you are indicating your agreement to be bound by them.
If you do not agree to the modified Terms, you should discontinue using the Services.
We may make changes or discontinue any part
of the Services at any time and without notice at our sole discretion, as our Services evolve over time.
Eligibility
You may use the Services only if you meet the
following criteria:
- You are at least 16 years
old in the European Economic Area, the United Kingdom, and California.
- You are at least 13 years
old in other states in the United States, except California.
- You are not barred from
using the Services under applicable law.
If you are aware of anyone below the required
age using the Services, please contact us at support@themanna.app so that we can take the necessary steps to delete
their Personal Information and/or delete their account.
If you wish to access certain features of the
Services, you must create an account ("Account"). You can do this through the app, or by using certain third-party
social networking services, such as Facebook (each, a "SNS Account"), or your Apple ID. If you choose the SNS
Account option, we will create your Account by extracting certain personal information, such as your name and email
address, from your SNS Account, subject to your privacy settings on the SNS Account.
You agree to provide accurate, complete, and
up-to-date information for your Account and to update it as needed to keep it accurate. You must not disclose your
Account password to anyone and must notify us immediately if you suspect unauthorized use of your Account. You are
responsible for all activities that occur under your Account.
Services
Through the Services, users can access
various versions of Bibles and daily verses in the App, users can chat with an AI robot to ask anything about Bible,
to pray or to confess. Users can also set goals for their spiritual practice and follow the routines with a to-do
list feature.
Not all activities described on the Services
or Products are suitable for everyone. Do not use the Services while engaged in activities that require your full
attention and concentration, such as driving or operating heavy machinery. You are solely responsible for your use
of the Services.
Medical Disclaimer
You understand and agree that the Services,
Products, and any other information you obtain from our App are not intended, designed, or implied to
diagnose, prevent, or treat any condition or disease, to ascertain your health status, or to substitute
professional medical care.
Purchases
The App may offer enhanced features of the
Services that you can purchase as monthly, yearly, or other periodic subscription plans ("Subscription"), as may be
offered in the future. A description of the features associated with Subscriptions is available within the Services.
When you make a purchase (each, a "Transaction"), we may request additional information relevant to your
Transaction, such as payment information.
By initiating a Transaction via the Services,
you authorize us to provide your Payment Information to third-party service providers to complete your Transaction.
You agree to pay the applicable fees and any taxes, and you authorize us to charge your chosen payment method for
verification, pre-authorization, and payment purposes.
We will send you a confirmation email after
confirming the payment for your order. Please note that all payments made
are non-refundable and non-transferable, except as expressly
provided in these Terms.
All amounts are payable and charged: (i) for
one-off purchase (e.g. lifetime Subscription we may offer in the future), at the time you place your order; and
(ii) For monthly, or yearly subscriptions, at the beginning of the subscription and, because each such
subscription renews automatically for an additional period equal in length to the expiring subscription term until
you cancel it, at the time of each renewal until you cancel, using the Payment Information you have
provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for
the next Subscription period. If you purchase your Subscription outside the App, you can cancel the
renewal of your subscription at any time by contacting us by email at support@themanna.app. If you purchase
your Subscription via an App Provider, you can cancel the renewal of your subscription at any
time with the App Provider. You will not receive a refund for the fees you already paid for your
current subscription period and you will continue to receive the Services ordered until the end of your current
Subscription period.
Pricing Terms
Baymed reserves the right to change its
pricing terms for Subscriptions at any time and will notify you in advance of such changes taking effect. These
changes will not apply retroactively and will only affect Subscription renewals after we have communicated the
changes to you.
You agree that your purchases are not
contingent on the delivery of any future functionality or features, or dependent on any oral or written public
comments made by Baymed regarding future functionality or features.
Feedback
We welcome feedback, comments, and
suggestions for improving the Services and Products ("Feedback"). You can submit Feedback by emailing us
at support@themanna.app. By
providing Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free,
sublicenseable, and transferable license to use, copy, modify, create derivative works, and exploit the Feedback for
any purpose.
Content and Content Rights
For purposes of these Terms, "Content" refers
to text, graphics, images, music, software, audio, video, works of authorship, and information or other materials
posted, generated, provided, or made available through the Services. "User Content" means any Content that users,
including you, provide for availability through the Services.
Baymed does not claim ownership of any User
Content, but we do own all rights, title, and interest in and to the Services and Content, including associated
intellectual property rights. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or
other proprietary rights notices included in or accompanying the Services or Content.
By making User Content available through the
Services, you grant Baymed a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use,
copy, modify, create derivative works, distribute, publicly display, publicly perform, and distribute your User
Content in connection with operating and providing the Services and Content to you and other users.
Subject to your compliance with these Terms,
Baymed grants you a limited, non-exclusive, non-transferable, and non-sublicenseable license to view, copy, and
display the Content solely in connection with your permitted use of the Services.
Rights and Terms for Apps
Subject to your compliance with these Terms,
Baymed grants you a limited, non-exclusive, non-transferable, and non-sublicenseable license to download and install
the App on a mobile device or computer that you own or control, and to run the App solely for your personal
non-commercial purposes. Baymed reserves all rights in and to the App, except as expressly granted to you under
these Terms. You may not copy the App except for making a reasonable number of copies for backup or archival
purposes. You may not modify the App, distribute it to third parties, reverse engineer, decompile, disassemble the
App, or make it available to multiple users through any means.
If you obtained the App from the Apple Store,
you agree to use the App only on Apple-branded devices running iOS and as permitted by the Apple Store Terms of
Service.
Prohibitions
You agree not to engage in the following
activities:
- Posting, uploading,
publishing, submitting, or transmitting any Content that infringes on intellectual property rights, violates any
law or regulation, is fraudulent, deceptive, defamatory, obscene, or promotes illegal activities, hatred,
violence, or discrimination.
- Using, displaying,
mirroring, or framing the Services or any part thereof, Baymed's name, trademarks, logos, or other proprietary
information, without our express written consent.
- Tampering with or using
non-public areas of the Services, Baymed's computer systems, or technical delivery systems of Baymed's providers.
- Attempting to probe,
scan, test, or breach the security or authentication measures of any Baymed system or network.
- Bypassing, removing,
deactivating, or circumventing any technological measures implemented by Baymed or any third party to protect the
Services.
- Sending unsolicited or
unauthorized advertising, spam, or other solicitations.
- Using any Baymed
trademark, logo, URL, or product name without our express written consent.
- Using the Services for
commercial purposes or in any manner not permitted by these Terms.
- Forging any TCP/IP packet
header or using the Services to send altered or false information.
- Attempting to decipher,
decompile, disassemble, or reverse-engineer the software used to provide the Services.
- Interfering with the
access of any user, host, or network, including sending viruses, overloading, flooding, or spamming the Services.
- Collecting personally
identifiable information from other users without their express permission.
- Impersonating or
misrepresenting your affiliation with any person or entity.
- Violating any applicable
law or regulation.
- Encouraging or enabling
any other individual to engage in any of the above activities.
We have the right to monitor and review
access to and use of the Services and Content for the purpose of operating the Services, ensuring compliance with
these Terms, and adhering to applicable laws or legal requirements. We may remove or disable access to any Content
at any time and without notice, at our sole discretion. We also have the right to investigate violations of these
Terms and conduct that affects the Services. We may cooperate with law enforcement authorities to prosecute users
who violate the law.
Links to Third Party Websites or
Resources
The Services and App may contain links to
third-party websites or resources for your convenience. We are not responsible for the content, products, or
services on or available from those websites or resources, or links displayed on such websites. You assume sole
responsibility and risk for your use of any third-party websites or resources.
Termination
We may terminate your access to and use of
the Services at our sole discretion and at any time without notice. You may cancel your Account at any time by
sending an email to us at support@themanna.app. If you purchased a Subscription via an App Provider,
you should also cancel your Subscription directly with the App Provider.
Upon termination, discontinuation, or
cancellation of Services or your Account, any provisions in these Terms that should reasonably survive will continue
to do so, including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution
provisions.
Warranty Disclaimers
The Services, Products, and Content are
provided "as is," without any warranty of any kind. We explicitly disclaim any warranties of merchantability,
fitness for a particular purpose, non-infringement, or any warranties arising out of the course of dealing or trade
usage.
We do not warrant that the Services or
Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We also make
no warranties about the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
Indemnity
You agree to indemnify and hold harmless
Baymed, its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities,
damages, losses, costs, and expenses, including legal and accounting fees, arising out of or connected to your
access to or use of the Services or Content, or your violation of these Terms.
Limitation of Liability
Neither Baymed nor any other party involved
in creating, producing, or delivering the Services, Products, or Content will be liable for any incidental, special,
exemplary, or consequential damages. This includes, but is not limited to, lost profits, data or goodwill, service
interruption, computer damage, system failure, or the cost of substitute Services or Products arising from or in
connection with these Terms or the use of or inability to use the Services, Products, or Content.
In no event will Baymed's total liability
arising out of or in connection with these Terms or the use of the Services, Products, or Content exceed the amounts
you have paid to Baymed for their use, or fifty United States dollars (US$50), if you have not had any payment
obligations to Baymed, whichever is applicable.
The exclusion and limitations of damages
described above are fundamental elements of the basis of the agreement between Baymed and you.
Dispute Resolution
These Terms and any actions related to them
will be governed by the laws of Hong Kong without regard to its conflict of laws provisions.
You and Baymed agree that any dispute, claim,
or controversy arising from or related to these Terms or the use of the Services, Products, or Content
(collectively, "Disputes") will be settled by binding arbitration. You are waiving your right to a trial by jury or
to participate as a plaintiff or class member in any purported class action or representative proceeding, except for
small claims tribunal actions or IP Protection Actions.
You must notify us by email at support@themanna.app within thirty
(30) days of your first agreement to these Terms if you wish to opt out of arbitration. If you do not send an
Arbitration Opt-out Notice, you will be deemed to have knowingly and intentionally waived your right to litigate any
Dispute, except as provided in clauses (i) and (ii) above. The exclusive jurisdiction and venue for any IP
Protection Action, or in case you opt out of arbitration, will be the courts located in Hong Kong.
The arbitration will be administered by the
Hong Kong International Arbitration Centre ("HKIAC").
General Terms
These Terms constitute the entire
understanding and agreement between Baymed and you regarding the Services, Products, and Content. They supersede all
prior oral or written agreements between Baymed and you concerning these matters. If any provision of these Terms is
held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions
will remain in full force and effect.
You may not assign or transfer these Terms
without Baymed's prior written consent. We may assign or transfer these Terms without restriction.
Any notices provided by Baymed under these
Terms, including those about modifications to the Terms, will be given either via email or by posting within the
Services.
Baymed's failure to enforce any right or
provision of these Terms does not waive that right or provision. Waivers are only effective if in writing and signed
by a duly authorized representative of Baymed.
The captions in these Terms are for
convenience and have no effect on their interpretation.
Contact Information
If you have any questions about the above
content, please contact us at support@themanna.app.
Versions in other languages than
English
The original version of this Privacy Notice
is written in English. To the extent a translated version of this Terms is in conflict with the English version, the
English version shall prevail.
