Terms & Conditions

You get to write the rules of your own life. Whatever you believe is the reality you perceive. If that freedom scares you, you can always just follow what everyone else thinks is right. The opportunity is yours, what will you define?

higherenergy.ca is a private learning platform designed to teach, inspire, and uplift the lives of its students using a unique set of self-regulation practices, music and education by the Higher Energy team.

We provide visitors to our Websites ("Visitors") access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to any of these terms, then please do not use the Websites.

This website is owned by Higher Energy, located in a private location in Canada. The website address is: https://higherenergy.ca & https://higherenergy.app

Contact email is info@higherenergy.ca

The HigherEnergy.app platform is a community, like any community, that functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the "Community Guidelines") and that:

Don't do the following:

• ·You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
• ·You will not upload, post, email, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another's privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or discloses any sensitive information about another person, including that person's email address, postal address, phone number, credit card information, or any similar information.
• ·You will not "stalk," threaten, or otherwise harass another person;
• ·You will not spam or use the Websites to engage in any commercial activities;
• ·If you post any Registered User Content, you will stay on topic;
• ·You will not access or use the Websites to collect any market research for a competing business;
• ·You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• ·You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
• ·You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
• ·You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
• ·You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
• ·You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we'll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.

Judgment

Judgment is the prominent layer of separation that creates our world. If you are always chasing the ideal, you will never get it because ideals are not reality, not in a sea of diversity.

Age

The Websites are only available for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Account Creation

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name ("Sign-In Name"), a password ("Password"), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future ("Unique Identifiers").

Accurate Information

When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement.

Liability

You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

Billing Entity

Payments collected through higherenergy.app are processed by 12960206 Canada Inc.

Subscription Management

All invoices will be automatically sent electronically to your provided email address and available for change at the account section upon sign up.

Stripe Integration

Higher Energy utilizes Stripe for payment processing services. By using our services, you agree to comply with Stripe's terms of service. You authorize Higher Energy to share with Stripe your payment information and transaction details to facilitate the processing of payments and refunds. You acknowledge that Stripe's terms of service govern your use of their payment processing services and any disputes regarding payments should be addressed directly with Stripe. Higher Energy is not responsible for any actions, errors, or omissions of Stripe or any damages resulting from the use of their services.

Content & Copyright

The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Higher Energy (collectively referred to as the "Content"). The Content may be owned by us or third parties. The Content is protected under both Canadian and foreign laws.

Unauthorized use of the Content may violate copyright, trademark, and other laws.

Granted Use of Content

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use.

Violation

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

Community at Large

As noted above, the Websites provide Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available.

Your Content Copyright

You retain all copyrights and other intellectual property rights in and to your own Registered User Content.

Probably the most important thing in a relationship. If you don't have this, then you are out of sync with each other.

Avoid Sending Confidential Information

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

Higher Energy requires a 30-day cancellation notice before cancellation for our subscribers. Any cancellations made within this timeframe will be eligible for a refund. Please note that refunds will not be issued for cancellations made outside of this notice period.

This End-User License Agreement ("EULA") is a binding agreement between you ("End User") and Higher Energy ("Company", "we", "us"). This EULA governs your use of the Higher Energy mobile application (the "App") available through the Apple App Store and Google Play Store.

License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, strictly in accordance with this EULA and the App's documentation.

License Restrictions

You agree not to:

• ·Copy, modify, or distribute the App or any portion thereof;
• ·Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
• ·Make the App available over a network where it could be used by multiple devices at the same time;
• ·Sell, resell, rent, lease, or sublicense the App;
• ·Use the App for any unlawful or unauthorized purpose.

Apple App Store Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

• ·You acknowledge that this EULA is between you and Higher Energy only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
• ·Your use of the App must comply with the App Store Terms of Service.
• ·Higher Energy, not Apple, is solely responsible for the App, including any product warranties, maintenance, and support.
• ·Higher Energy, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, legal compliance claims, and consumer protection claims.
• ·In the event of any third-party claim that the App infringes a third party's intellectual property rights, Higher Energy, not Apple, shall be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
• ·Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance, 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.

Google Play Store Terms

If you downloaded the App from Google Play, the following additional terms apply:

• ·You acknowledge that Google LLC ("Google") has no obligation to provide maintenance, support, or warranty for the App.
• ·To the maximum extent permitted by applicable law, Google will have no warranty obligation with respect to the App.
• ·Any claims, liabilities, damages, losses, or expenses arising from any failure of the App to conform to applicable warranties are the sole responsibility of Higher Energy.
• ·Your use of the App must comply with Google Play's Terms of Service.

Higher Energy may offer auto-renewable subscription plans through the App. By purchasing a subscription, you acknowledge and agree to the following:

• ·Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.
• ·Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period.
• ·Your account will be charged for renewal within 24 hours prior to the end of the current period, at the same price.
• ·You may manage your subscriptions and turn off auto-renewal in your device's account settings after purchase.
• ·Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.
• ·For subscriptions purchased through Apple or Google, the respective platform's refund policies apply. Please contact Apple or Google directly for refund requests related to in-app purchases.

The App and Websites may contain links to third-party websites, services, or content that are not owned or controlled by Higher Energy. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Higher Energy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Health Disclaimer

The content provided through the App and Websites, including breathwork exercises, self-regulation practices, and related educational materials, is for informational and educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed through Higher Energy.

No Warranties

THE APP AND WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HIGHER ENERGY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGHER ENERGY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP OR WEBSITES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP OR WEBSITES; (III) ANY CONTENT OBTAINED FROM THE APP OR WEBSITES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

You agree to defend, indemnify, and hold harmless Higher Energy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App or Websites.

We may terminate or suspend your access to the App and Websites immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App and contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to the exclusive jurisdiction of the courts of Ontario, Canada.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

If you have any questions about these Terms & Conditions, please contact us:

• ·Email: info@higherenergy.ca
• ·Website: https://higherenergy.ca
• ·App: https://higherenergy.app