END USER LICENSE AGREEMENT (EULA)
Last Updated: August 7, 2025
1. ACCEPTANCE OF AGREEMENT
By accessing or using the Tergar mobile application, website at https://tergar.org, or any related services (collectively, the “Licensed Application” or “Service”), you agree to be bound by this End User License Agreement (“EULA” or “Agreement”). If you do not agree to this EULA, do not use the Licensed Application.
This EULA constitutes a legal agreement between you and Tergar International (“Tergar,” “we,” “us,” or “our”). The Licensed Application is licensed, not sold, to you under this EULA.
2. DEFINITIONS
“App Store” means Apple’s App Store, Google Play Store, or other authorized distribution platforms
“Content” means text, graphics, images, videos, audio, software, and other materials
“User Content” means content you submit, post, or transmit through the Licensed Application
“Community Features” means forums, chat rooms, discussion boards, messaging, and group functions
“Licensed Application” means the Tergar mobile application and related services
“Usage Rules” means the usage rules set forth in the App Store Terms of Service
3. LICENSE GRANT AND SCOPE
License Grant
Subject to your compliance with this EULA, Tergar grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Licensed Application on Apple-branded products that you own or control, and as permitted by the Usage Rules.
License Restrictions
You may not: - Transfer, redistribute, or sublicense the Licensed Application - Use the Licensed Application on multiple devices simultaneously (except as permitted by Usage Rules) - Copy the Licensed Application (except as permitted by this license and Usage Rules) - Reverse-engineer, disassemble, or attempt to derive source code (except as permitted by law) - Modify or create derivative works of the Licensed Application - Remove the Licensed Application from your Apple device before transferring ownership to a third party
4. ELIGIBILITY AND AGE REQUIREMENTS
You must be at least 13 years old to use the Licensed Application
If you are between 13-17 years old, you must have verifiable parental or guardian consent
If you are under 18, your parent or guardian must review and agree to this EULA
You must have the legal capacity to enter into this agreement
You represent that all information provided is accurate and complete
5. ACCOUNT REGISTRATION AND SECURITY
When creating an account, you must: - Provide accurate, complete, and current information - Use your real name and information (no impersonation) - Maintain one account per person - Keep your login credentials confidential and secure - Use a strong, unique password - Enable two-factor authentication when available - Notify us immediately at [email protected] of any unauthorized access - Accept full responsibility for all activities under your account
Account Sharing Prohibited: You may not share your account credentials or allow others to use your account.
We reserve the right to: - Verify your identity at any time - Suspend or terminate accounts with false information - Require additional verification for account recovery
6. SUBSCRIPTION AND BILLING
Free Trial
Free trials automatically convert to paid subscriptions unless canceled before the trial period ends
Trial duration and terms will be clearly specified at signup
Valid payment method required even during free trial period
Only one free trial per user/device/payment method
Payment Error Handling
If an error occurs when collecting recurring payments: - We will attempt to collect payment within seven (7) days of the charge date - If payment cannot be collected within 7 days, access will be suspended - We will waive the right to charge that missed payment - Subscription will be cancelled if payment remains uncollected - If payment is successfully collected within 7 days, service will continue normally
For first payments after free trials: - Access is removed immediately if first payment fails - We attempt collection for 7 days from charge date - If unsuccessful after 7 days, subscription is cancelled permanently - If collected within 7 days, access is restored and subscription continues
Subscription Terms
Subscriptions automatically renew unless canceled at least 24 hours before renewal date
Subscription fees are charged in advance for each billing cycle
All fees are non-refundable except as required by law or stated herein
You authorize recurring charges to your selected payment method
We may suspend access for failed payments after reasonable notice
Price Changes
We may change subscription prices with 30 days advance notice
Price changes apply to subsequent billing cycles
You may cancel before price increases take effect
Cancellation and Refunds
Cancel anytime through your account settings or by contacting [email protected]
For App Store purchases, use the respective platform’s cancellation process and refund policies
Cancellation stops future billing but access continues until current period ends
Refunds are generally not provided except as required by law
We may provide discretionary refunds for technical issues or exceptional circumstances
Payment Processing Infrastructure
Our subscription billing is managed through third-party subscription management platforms
Payment processing is handled by certified payment processors and app store platforms
We may use additional billing services for revenue management and reporting
Payment data is handled according to industry security standards (PCI DSS compliance)
Subscription status may be synchronized across multiple platforms
App store refund policies apply to purchases made through their platforms
7. EDUCATIONAL CONTENT AND DISCLAIMERS
Not Medical, Psychological, or Therapeutic Treatment
⚠️ CRITICAL DISCLAIMER:
YOU AGREE THAT THE LICENSED APPLICATION IS NOT INTENDED TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE LOCATED IN THE UNITED STATES AND YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CONTACT 911 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE LICENSED APPLICATION. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, PLEASE CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST EMERGENCY ROOM.
The Licensed Application provides educational content about Buddhist philosophy, meditation, mindfulness, and personal development. IT IS EXPLICITLY NOT: - Medical, psychological, psychiatric, or therapeutic treatment - A substitute for professional healthcare, therapy, or counseling - Intended to diagnose, treat, cure, or prevent any physical or mental health condition - A replacement for medication or professional mental health care - Suitable for individuals with serious mental health conditions without professional supervision - Financial, investment, or business advice of any kind
Medical and Mental Health Warnings
SEEK PROFESSIONAL HELP IF: - You have any mental health condition (depression, anxiety, PTSD, etc.) - You are taking psychiatric medications - You have a history of trauma or abuse - You experience panic attacks or severe anxiety - You have suicidal thoughts or tendencies - You have any medical condition that could be affected by meditation or breathing exercises
ALWAYS: - Consult qualified healthcare providers before starting any meditation practice - Continue prescribed treatments and medications - Contact emergency services (911) immediately for mental health crises - Discontinue use if you experience distress, unusual sensations, or adverse effects
MEDITATION AND MOVEMENT ASSUMPTION OF RISK: While research suggests meditation can assist in prevention and recovery for various conditions, we make no guarantees that the Licensed Application provides physical or therapeutic benefits. There have been rare reports where people with certain psychiatric conditions have experienced worsening conditions in conjunction with intensive meditation practice. If you participate in any movement or physical content, you represent that you are in adequate physical health and have no condition that would make such activities dangerous. Consult a licensed physician before beginning any exercise program, especially if you have prior injury, heart disease, high blood pressure, or other chronic conditions.
Use at Your Own Risk
MEDITATION AND SPIRITUAL PRACTICES MAY: - Produce unexpected psychological or physical experiences - Trigger traumatic memories or emotional responses - Cause temporary disorientation or altered states of consciousness - Not be suitable for everyone - Interact with existing medical or psychological conditions
BY USING THE SERVICE, YOU ACKNOWLEDGE: - Individual results vary significantly - We make no guarantees about outcomes, benefits, or experiences - You assume all risks associated with meditation and spiritual practices - You will discontinue use if adverse effects occur
Religious and Philosophical Content
Content reflects Buddhist teachings, philosophy, and practices
Participation does not require specific religious beliefs
We respect diverse spiritual and philosophical perspectives
Content may discuss concepts unfamiliar to some cultural or religious backgrounds
No Professional Relationship
USE OF THE SERVICE DOES NOT CREATE: - A teacher-student relationship in the traditional sense - A therapeutic or counseling relationship - A doctor-patient relationship - Any professional duty of care beyond providing the digital service
Financial Advice Disclaimer
WE ARE NOT FINANCIAL ADVISORS: Nothing contained in the Licensed Application is intended to be construed as financial, investment, or business advice. We are not an investment advisory service, investment adviser, or financial advisor. The Licensed Application exists for educational purposes only, and the materials and information contained herein are for general informational purposes only. The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You are encouraged to discuss any opportunities with your attorney, accountant, financial professional, or other advisor.
8. USER-GENERATED CONTENT AND COMMUNITY FEATURES
Your Content Rights and Responsibilities
By posting User Content, you: - Retain ownership of your original content - Grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content through the Service - Grant us the right to incorporate your content in other works in any form, media, or technology, now known or later developed - Represent and warrant that you own the content or have necessary rights - Represent that your content does not violate any third-party rights - Remain solely responsible for your content and its consequences - Agree that we may use your content for business purposes (including products or advertising) without incurring liability for royalties or other consideration - Understand that we will not be required to treat your content as confidential
You are prohibited from posting: - Content you don’t own or lack rights to use - Copyrighted material without permission - Personal information of others without consent - Content that violates any applicable law
Community Guidelines and Prohibited Conduct
ZERO TOLERANCE for: - Harassment, bullying, threats, or intimidation - Hate speech based on race, religion, gender, sexuality, nationality, or other protected characteristics - Sexual harassment or unwelcome sexual content - Doxxing or sharing others’ private information - Impersonation or fake accounts - Threats of violence or self-harm
PROHIBITED CONTENT: - Illegal activity or content promoting illegal acts - Spam, solicitation, or unauthorized commercial promotion - False, misleading, or defamatory information - Sexually explicit, pornographic, or inappropriate sexual content - Graphic violence or disturbing imagery - Content promoting self-harm, suicide, or dangerous activities - Medical advice or claims about health benefits - Promotion of drugs, alcohol, or controlled substances - Content intended to manipulate or deceive others - Malicious software or harmful links
PROHIBITED BEHAVIOR: - Creating multiple accounts to evade restrictions - Vote manipulation or artificial engagement - Systematic harassment campaigns - Attempting to hack or compromise the Service - Selling or transferring accounts - Using the Service for commercial purposes without permission - Collecting user data without consent - Interfering with other users’ enjoyment of the Service
Content Moderation and Enforcement
WE RESERVE THE RIGHT TO: - Monitor, review, edit, or remove any User Content - Use automated tools, AI systems, and human moderators - Investigate violations and cooperate with law enforcement - Preserve content and account information for legal proceedings - Take immediate action for severe violations without prior warning
ENFORCEMENT ACTIONS: - Content removal with or without notice - Temporary or permanent account suspension - Reporting to appropriate authorities for illegal activity - Civil or criminal legal action for serious violations
APPEALS PROCESS: - Contact [email protected] to appeal moderation decisions - Provide specific information about the disputed action - We will review appeals within 7 business days - Our decision on appeals is final
9. INTELLECTUAL PROPERTY
Our Content and Trademarks
ALL SERVICE CONTENT IS PROTECTED BY: - Copyright, trademark, and other intellectual property laws - International intellectual property treaties - Trade secret and proprietary rights
“TERGAR,” TERGAR LOGOS, AND RELATED MARKS ARE TRADEMARKS OF TERGAR INTERNATIONAL
YOU MAY NOT: - Copy, distribute, or reproduce our content without express written permission - Use our content for commercial purposes - Create derivative works based on our content - Remove or alter copyright, trademark, or proprietary notices - Use our trademarks in any manner without written consent - Frame or embed our content on other websites - Use automated tools to extract or harvest our content
Your License to Use the Service
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to: - Access and use the Service for personal, non-commercial purposes - Download content for offline viewing within the app (where available) - Share specific content using built-in sharing features only
THIS LICENSE DOES NOT PERMIT: - Commercial use of any kind - Distribution outside the Service - Modification or creation of derivative works - Reverse engineering or attempts to extract source code
Digital Millennium Copyright Act (DMCA) Compliance
TO REPORT COPYRIGHT INFRINGEMENT: - Send written notice to [email protected] - Include all required DMCA information - We will respond to valid takedown notices promptly - Repeat infringers will have accounts terminated
10. PRIVACY AND DATA COLLECTION
Consent to Use of Data
You agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate software updates, product support, and other services related to the Licensed Application. We may use this information, provided it does not personally identify you, to improve our products or provide services to you.
Data Collection and Processing
WE COLLECT AND PROCESS: - Account registration information - Usage data and analytics - Device and technical information - Location data (with permission) - Communication records - Payment and billing information
FULL DETAILS IN OUR PRIVACY POLICY
Third-Party Services and Data Sharing
WE USE THIRD-PARTY SERVICES FOR:
PAYMENT AND BILLING: - Subscription management and payment processing services - Billing synchronization and revenue management platforms - App store billing systems (Apple App Store, Google Play Store) - Payment security and fraud prevention services
DATA STORAGE AND INFRASTRUCTURE: - Cloud database services for user progress, comments, and application data - Content delivery networks for app performance - Cloud hosting and server infrastructure providers - Data backup and disaster recovery services
ANALYTICS AND INSIGHTS: - Product analytics platforms for user behavior tracking and feature usage - App performance and user engagement monitoring services - Website traffic and usage analysis tools - A/B testing and experimentation platforms
TECHNICAL OPERATIONS: - Error tracking and logging services for debugging and issue resolution - Crash reporting tools for app stability monitoring - Performance monitoring services for uptime and response tracking - Security monitoring and threat detection systems
COMMUNICATION AND SUPPORT: - Email service providers for transactional and marketing communications - Customer support platforms for help desk and user assistance - Push notification services for app notifications and reminders - Survey and feedback collection tools
DATA SHARING PRINCIPLES: - We share only the minimum data necessary for each service to function - Payment information is handled directly by certified payment processors - User data is stored securely with appropriate access controls - Analytics data is typically aggregated and anonymized where possible - We do not sell personal data to any third party - All service providers are contractually required to protect your data
International Data Transfers
Data may be processed in the United States and other countries
By using the Service, you consent to international data transfers
We implement appropriate safeguards for international transfers
Your Data Rights
YOU MAY: - Access your personal data - Correct inaccurate information - Request data deletion (subject to legal requirements) - Opt out of certain data collection - Download your data (where technically feasible)
11. ARTIFICIAL INTELLIGENCE AND AUTOMATED FEATURES
AI-Generated Content and Recommendations
AI SYSTEMS MAY BE USED FOR: - Content recommendations and personalization - Automated content moderation - User support and chatbot functions - Analytics and usage insights - Language translation services
AI LIMITATIONS AND DISCLAIMERS: - AI-generated content is provided “as is” without accuracy guarantees - AI systems may contain algorithmic biases and may reflect training data limitations - AI may generate inappropriate, incorrect, inaccurate, or nonsensical content - AI recommendations are based on automated analysis, not human judgment or expertise - AI technology is not human and cannot provide professional advice - NEVER RELY SOLELY ON AI-GENERATED ADVICE, ESPECIALLY FOR HEALTH, MEDICAL, OR PERSONAL DECISIONS
AI ASSUMPTION OF RISK: If you access and engage with any AI features in the Licensed Application, you acknowledge that: - AI technology does not provide medical advice, mental health services, or professional counseling - AI cannot replace the relationship between you and your healthcare providers - You should always consult qualified professionals for diagnosis and treatment - You should not disregard professional advice because of AI-generated content - You should not stop taking medications based on AI recommendations - AI responses are generated based on patterns in data, not professional expertise - We are not responsible for decisions you make based on AI-generated content
Analytics and Product Intelligence
PRODUCT ANALYTICS: We use analytics services to: - Track feature usage and user engagement patterns - Analyze user flows and interaction sequences - Measure content effectiveness and completion rates - Identify technical issues and performance bottlenecks - Generate insights for product improvement
DATA COLLECTED FOR ANALYTICS: - App usage patterns and session duration - Feature interactions and click-through rates - Content engagement and completion metrics - Technical performance data and error rates - User preferences and customization choices
ANALYTICS DATA PROCESSING: - Most analytics data is aggregated and anonymized - Individual user tracking may occur for personalization - Data is used solely for product improvement and user experience optimization - Analytics providers have their own privacy policies and data handling practices
Personalization and Behavioral Analytics
WE MAY ANALYZE YOUR: - App usage patterns and preferences - Content interaction history - Learning progress and engagement - Device and technical data
YOU CAN: - Opt out of personalized recommendations in settings - Disable behavioral tracking (may limit functionality) - Contact support to adjust personalization settings - Limit analytics data collection through app settings
12. PROHIBITED USES AND EXPORT RESTRICTIONS
Absolutely Prohibited Uses
YOU MAY NOT: - Violate any local, state, national, or international law - Infringe on intellectual property rights - Transmit viruses, malware, or harmful code - Attempt to gain unauthorized access to our systems - Use the Service to harm minors in any way - Engage in any form of abuse, harassment, or illegal activity - Use the Service for commercial purposes without written permission - Create accounts using false information or impersonate others - Share account credentials or allow unauthorized account access - Interfere with or disrupt the Service or servers - Use automated systems (bots, scrapers, crawlers) without written permission - Attempt to reverse engineer, decompile, or extract source code - Circumvent security measures or access controls - Collect other users’ information without consent - Use the Service to compete with us or create similar services - Use any automated tools or systems to extract, collect, or analyze data or content for any purpose, including training machine learning models or large language models (LLMs) without express written consent - Record, copy, store, reproduce, transmit, modify, alter, or create derivative works of the Licensed Application or any content therein - Use the Licensed Application or any content for scientific research, analysis, or evaluation without express written consent
Export Restrictions
The Service may be subject to U.S. export control laws
You may not export or re-export the Service to embargoed countries
You may not provide access to individuals on restricted person lists
You represent that you are not located in restricted territories
Government Users
If you are a U.S. government entity, the Service is considered “Commercial Computer Software” under applicable federal regulations.
13. EXTERNAL SERVICES AND APP STORE TERMS
External Services
The Licensed Application may enable access to our and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by us or our agents. You will not use the External Services in any manner that is inconsistent with this EULA or that infringes the intellectual property rights of us or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and we are not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
App Store Specific Terms
FOR APPLE APP STORE USERS: - This EULA is between you and Tergar International, not Apple Inc. (“Apple”) - Apple is not responsible for the Licensed Application or its content - Apple has no obligation to provide maintenance and support services - Apple is not responsible for addressing any claims relating to the Licensed Application - Apple is not responsible for investigating, defending, settling and discharging any third-party claim of intellectual property infringement - Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA - Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary - You must comply with applicable third-party terms when using the Licensed Application
FOR GOOGLE PLAY STORE USERS: - This EULA is between you and Tergar International, not Google - Google is not responsible for the Licensed Application or support - You must comply with Google Play Developer Policy
FOR ALL APP STORE DISTRIBUTION: - We may update the Licensed Application through app store mechanisms - App store terms and policies also apply - You must remove the Licensed Application before transferring your device to others - App store refund policies may apply to certain purchases - Contact us, not the app store, for support issues
14. TERMINATION
This EULA is effective until terminated by you or us. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
Termination by You
YOU MAY TERMINATE BY: - Canceling your subscription through account settings - Contacting us at [email protected] - Deleting the app and ceasing use of the Service - Following app store cancellation procedures for subscriptions
Termination by Us
WE MAY SUSPEND OR TERMINATE YOUR ACCESS: - Immediately for serious violations (illegal activity, threats, harassment) - After warning for minor violations - For non-payment of fees - For prolonged inactivity (with notice) - To comply with legal requirements - To protect the safety and rights of users - At our sole discretion for business reasons
TERMINATION PROCESS: - We will generally provide notice except for severe violations - You may appeal termination decisions - We may preserve account information as legally required
Effects of Termination
UPON TERMINATION: - Your access to the Service immediately ceases - Paid subscriptions end without refund (except as required by law) - We may delete your account and User Content - Some data may be retained for legal or business purposes - These Terms survive termination where applicable
SURVIVING PROVISIONS: - Intellectual property rights - Indemnification obligations - Limitation of liability - Dispute resolution procedures - Payment obligations
15. DISCLAIMERS AND WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Content and Translation Disclaimers
CONTENT DISCLAIMERS: - Educational content may not reflect current best practices - Translations may not capture full meaning or nuance of original content - User-generated content is not reviewed for accuracy - We do not endorse user opinions or advice - Information may become outdated without notice
TRANSLATION DISCLAIMER: - Automated translations are provided for convenience only - Professional human translation is not guaranteed - Cultural and linguistic nuances may be lost - English version controls in case of discrepancies - We are not liable for translation errors or misunderstandings
Technical Disclaimers
WE DO NOT GUARANTEE: - Compatibility with all devices or operating systems - Functionality in all geographic regions - Continuous internet connectivity or app store availability - Data backup or recovery capabilities - Integration with third-party services
16. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
THE AGGREGATE LIABILITY OF TERGAR TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE LICENSED APPLICATION IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TERGAR IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100 USD. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR:
DIRECT DAMAGES: - Loss of data, files, or account information - Business interruption or lost opportunities - Cost of substitute services or products - Unauthorized access to your accounts
INDIRECT DAMAGES: - Lost profits or revenue - Loss of business goodwill or reputation - Emotional distress or personal injury - Consequential or incidental damages - Punitive or exemplary damages - Special damages of any kind
Specific Service-Related Exclusions
WE ARE NOT LIABLE FOR: - Meditation or spiritual practice experiences - User-generated content or community interactions - Third-party actions or services - Technical failures or security breaches - Changes to Service features or availability - Account suspension or termination - App store policies or actions
Jurisdictional Variations
Some jurisdictions do not allow limitation of: - Implied warranties - Liability for personal injury - Consumer rights under local law - Certain types of damages
If you reside in such a jurisdiction, the above limitations may not fully apply to you, and you may have additional rights under local consumer protection laws.
17. INDEMNIFICATION
Your Indemnification Obligations
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Tergar International, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney’s fees) arising from:
YOUR USE OF THE SERVICE: - Violations of these Terms - Violations of applicable laws or regulations - Infringement of third-party intellectual property rights - Your User Content and its publication or transmission - Your interactions with other users - Any false or misleading information you provide - Unauthorized use of your account (if due to your negligence)
COMMUNITY PARTICIPATION: - Content you post in Community Features - Harassment or harm to other users - Violations of community guidelines - Misuse of communication features
INDEMNIFICATION PROCESS: - We will notify you of claims requiring indemnification - You must cooperate in the defense of such claims - We may participate in defense with counsel of our choice - Settlement requires our written consent
18. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law and Jurisdiction
Except to the extent expressly provided in the following paragraph, this EULA and the relationship between you and Tergar shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Tergar agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this EULA.
If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Licensed Application from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this EULA shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this EULA is that law known as the United Nations Convention on the International Sale of Goods. - Some jurisdictions may require disputes to be resolved locally
Alternative Dispute Resolution
BEFORE FILING A LAWSUIT: - Contact us at [email protected] to attempt informal resolution - We will work in good faith to resolve disputes within 30 days - Provide detailed information about your concern and desired resolution
ARBITRATION (WHERE APPLICABLE): - Some disputes may be subject to binding arbitration - Arbitration rules and procedures will be specified separately - Class action waivers may apply where legally permissible
Class Action Waiver
WHERE PERMITTED UNDER APPLICABLE LAW, you acknowledge and agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Any arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding unless all relevant parties specifically agree to do so following initiation of the arbitration. If this class action waiver is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in court.
Arbitration Opt-Out
YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor we can force the other to arbitrate. To opt-out, you must notify us in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name, mailing address, email address used for your account (if any), and an unequivocal statement that you want to opt-out of this arbitration agreement. Send your opt-out notice to: [email protected] with subject line “Arbitration Opt-Out” or mail to Tergar International, ATTN: Arbitration Opt-out,Tergar International, 1621 E Hennepin Avenue, Suite 21, Minneapolis, MN 55414 USA. If you opt-out, it does not affect any other portion of this EULA.
Statute of Limitations
Any claim arising from this EULA or the Licensed Application must be filed within one (1) year of when the claim arose, or it will be permanently barred.
19. TECHNICAL INFRASTRUCTURE AND DATA PROCESSING
Data Storage and Processing
DATA STORAGE PRINCIPLES: - User account information, preferences, and progress data are stored using secure cloud database services - Community comments, interactions, and user-generated content are maintained in protected data systems - Technical monitoring data is collected through logging and error tracking services - All data storage providers maintain industry-standard security practices
TECHNICAL MONITORING: - Error tracking and debugging systems collect technical data for service improvement - Performance monitoring services track uptime, response times, and service reliability - Security monitoring systems detect and respond to potential threats - Crash reporting tools help maintain app stability and user experience
DATA PROCESSING PRINCIPLES: - All data is processed in accordance with our Privacy Policy - Technical data is used solely for operational and improvement purposes - User progress data enables personalized learning experiences - Community data facilitates social features and content moderation - Analytics data helps us understand usage patterns and optimize the Service
Data Security and Retention
DATA SECURITY: - All data is encrypted in transit and at rest - Access controls limit data access to authorized personnel only - Regular security audits and monitoring protect against unauthorized access - Incident response procedures address any potential data breaches - Multi-factor authentication protects administrative access
DATA RETENTION: - User progress and account data is retained while your account is active - Technical logs are typically retained for operational periods only - Community content may be retained according to content policies and legal requirements - You can request data deletion subject to legal and operational requirements - Some data may be retained in aggregated, anonymized form for analytics and improvement
20. GENERAL PROVISIONS
Changes to Terms
MODIFICATION PROCESS: - We may modify these Terms at any time - Material changes require 30 days advance notice via email or in-app notification - Non-material changes may be made with notice upon your next login - Continued use after changes constitutes acceptance - If you disagree with changes, you must stop using the Service
WHAT CONSTITUTES MATERIAL CHANGES: - Changes to fees or billing terms - Significant reductions in Service functionality - Changes to dispute resolution procedures - Modifications to liability limitations - Alterations to data use or privacy practices
Severability and Enforceability
If any provision is found invalid or unenforceable, the remaining provisions remain in full effect
Invalid provisions will be replaced with enforceable provisions that most closely match the original intent
No waiver of any provision occurs unless in writing
Assignment
We may assign these Terms and our rights/obligations without notice
You may not assign your rights or obligations without our written consent
These Terms bind successors and permitted assigns
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the complete agreement between you and Tergar International regarding the Service.
Force Majeure
We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including: - Natural disasters, pandemics, or acts of war - Government actions or legal restrictions - Internet infrastructure failures - Third-party service outages - Labor disputes or supply chain disruptions
Notices and Communications
HOW WE CONTACT YOU: - Email to your registered address - In-app notifications and messages - Updates to the Service or website
HOW TO CONTACT US: - Email: [email protected] - Mail: Tergar International, 1621 E Hennepin Avenue, Suite 21, Minneapolis, MN 55414 USA - Website contact forms at https://tergar.org
LANGUAGE: These Terms are written in English. Any translations are provided for convenience only, and the English version controls in case of conflicts.
Survival
Provisions that by their nature should survive termination will survive, including intellectual property rights, indemnification, limitation of liability, and dispute resolution.
CONTACT INFORMATION
For questions about these Terms: - Email: [email protected] - Website: https://tergar.org - Address: Tergar International, 1621 E Hennepin Avenue, Suite 21, Minneapolis, MN 55414 USA
For copyright infringement claims: - Email: [email protected] with “DMCA Notice” in subject line
For data privacy inquiries: - Email: [email protected] with “Privacy Request” in subject line
Last Updated: August 15,2025. Effective Date:August 19, 2025