VASTU APP TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “I ACCEPT/AGREE” BUTTON AT THE BOTTOM OF THIS WEB PAGE.  ACCEPTANCE OF THESE TERMS OF SERVICE MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. YOU MAY NOT USE THE VASTU APP APPLICATION UNLESS YOU ACCEPT THESE TERMS OF SERVICE.

This Terms of Service (the “Terms of Service”) is between you, the User (“User”) and the name of Vastu App, Inc. (“Vastu App”). Vastu App provides Users with the Vastu App and the Terms of Service govern the use of the Vastu App. By using the Vastu App, the User agrees to this Terms of Service.

Definitions.

1. “Vastu App Website” means the Website located at www.enlighteningtimes.com
2. “App Store” means the iTunes Store, Google Play Store, or another service offering for applications to be downloaded on devices utilizing iOS or Android operating systems and approved by, or operated by Apple, Inc. or Alphabet, Inc. or their parents, subsidiaries, affiliates, or assigns.
3. “Vastu App” means the application, created by Vastu App, and available for download from an approved app store, and designed to operate on the iOS or Android platforms.
4. “Vastu App Privacy Policy” means the Privacy Policy available at www.Vastuapp.com/privacy. The Vastu App Privacy Policy is incorporated herein by reference.
5. “Acceptance” means that the User has accepted the terms of this Terms of Service and has manifested said acceptance by clicking on the “I Accept/Agree” button at the bottom of this Terms of Service.
6. “Purchase Price” is any payment due for services offered, and which User agrees to pay to Vastu App for the Vastu App and related services.

Vastu App’s Duties.

1. Privacy of User’s Information. Vastu App maintains the Vastu App Privacy Policy. This Privacy Policy may be updated from time to time, and continued use of the Vastu App or Vastu App Website shall indicate User’s asset to amendments of the Vastu App Privacy Policy.
2. Provision of Vastu App. Vastu App shall allow User to access the Vastu App after the User has (1) indicated Acceptance of this Terms of Service and the Vastu App Privacy Policy, and (2) has properly established an account on the Vastu App or through the Vastu App Website. Vastu App may require payment before allowing User to use the Vastu App, or certain  services offered by Vastu App.

User’s Duties.

1. Payment. User agrees to pay the Purchase Price for access to any services, at Vastu App’s current pricing.
2. Use of Vastu App Products and Services. User agrees to use the Vastu App, the Vastu App Website, and all other Vastu App products and services only for the intended use of such products and services. User shall not use any Vastu App product or service for any unlawful purpose. All information entered into the Vastu App or Vastu App Website shall be truthful and accurate to the best of the User’s knowledge. User shall enter and forward to Vastu App truthful and factually accurate information.
3. Intellectual Property Ownership. Users recognize that the entire Vastu App and content on the Vastu App Website is Vastu App’s intellectual property. Vastu App retains and reserves all rights to its intellectual property.

License. VASTU APP GRANTS TO USER A NON-EXCLUSIVE LICENSE TO USE THE VASTU APP AS PROVIDED IN THIS LICENSE. THE VASTU APP IS LICENSED BY VASTU APP TO USERS FOR USER’S USE ONLY ACCORDING TO THE TERMS OF THIS TERMS OF SERVICE.

• Use of Vastu App. Users may install and use the Vastu App only on devices running the intended operating system of the installed version. Users may not download or install a version of the Vastu App on any device not running the intended operating system.
• Term of License. This License Terms of Service is effective until terminated by Vastu App. Vastu App may terminate a User’s account or access to the Vastu App, the Vastu App Website, or any Vastu App product or offer at any time, and for any reason.
• Restrictions. Users may not resell, lease or rent the Vastu App. Users may not modify, reverse engineer, decompile, disassemble or create derivative works from the Vastu App.

1. Age of User. The Vastu App and the Vastu App Website are intended for use only by users over thirteen (13) years of age. User represents and warrants (1) that User is thirteen (13) years of age or older, and (2) that User will not provide Vastu App with any information about any person under thirteen (13) years of age without the consent of any such person’s lawful parent or guardian.
2. Copyright. The Vastu App App is copyrighted material owned by Vastu App and is protected by United States copyright law and by international treaties. User agrees that Vastu App owns and holds title to the Vastu App and all subsequent copies thereof regardless of the form or media and that all title, ownership rights, and intellectual property rights in the Vastu App App shall remain with Vastu App. User may not copy or otherwise reproduce any part of the Vastu App with the exceptions specified in Paragraph 4(a).Users may physically transfer the software electronically over a network but may not distribute the Vastu App to others.
3. Use of Vastu App Provided Forms. Vastu App may provide forms, templates, and other documents for the convenience of the User. Vastu App does not warrant that these forms will be (1) accepted by any healthcare provider, (2) held to be legally enforceable by any court of law, (3) legally adequate in any particular jurisdiction, or (4) will be suitable for any particular purpose. User shall obtain medical or legal advice from licensed professionals, of the User’s choosing, before using any Vastu App provided form, template or document.
4. No Medical or Legal Advice. Vastu App does not practice medicine or law. No service offered by Vastu App is legal or medical advice. The Vastu App and the Vastu App Website do not replace the advice of licensed professionals. User is encouraged to obtain legal or medical advice before using or relying on, any Vastu App product or service. VASTU APP SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USER’S FAILURE TO OBTAIN COMPETENT LEGAL OR MEDICAL ADVICE.
5. Emergency Use. Full functionality of the Vastu App and the Vastu App Website requires a stable internet connection. In emergency situations, internet connections may fail, become unstable, become slow, or otherwise be inaccessible to Users. In the event of an emergency, the User should call 9-1-1, or a local phone number to be connected to emergency services.

Disclaimer of Warranties. The services and products provided by Vastu App under this Terms of Service are provided “AS IS,” WITHOUT WARRANTY OF ANY KIND TO USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OF THE COMPUTER PROGRAM, FITNESS FOR USER’S PURPOSE OR SYSTEM INTEGRATION; INFORMATIONAL CONTENT OR ACCURACY; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. USER AGREES THAT ANY EFFORTS BY VASTU APP TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THIS DISCLAIMER OF WARRANTIES. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE VASTU APP OR THE VASTU APP WEBSITE REMAINS WITH THE USER.

USER IS SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE VASTU APP WEBSITE, SERVICES AND VASTU APP AND WITH OTHER PERSONS WITH WHOM THE USER COMMUNICATES OR INTERACTS AS A RESULT OF THE USER’S USE OF THE VASTU APP, OR SERVICES. USER UNDERSTANDS THAT VASTU APP DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE VASTU APP WEBSITE OR VASTU APP, OR SERVICES, NOR DOES VASTU APP MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE VASTU APP WEBSITE, SERVICES OR VASTU APP. VASTU APP MAKES NO REPRESENTATIONS OR

WARRANTIES AS TO THE CONDUCT OF USERS OF THE VASTU APP WEBSITE, VASTU APP, OR SERVICES. USER AGREES TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE VASTU APP WEBSITE, VASTU APP, SERVICES AND WITH OTHER PERSONS WITH WHOM THE USER COMMUNICATES OR INTERACTS AS A RESULT OF THE USER’S USE OF THE VASTU APP WEBSITE, VASTU APP, OR SERVICES.

Limitation of Liability. USER AGREES THAT VASTU APP, ITS EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS AGENTS, ATTORNEYS, ASSIGNS, AND SUCCESSORS IN INTEREST SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, BODILY INJURY, COMPUTER OR SYSTEM FAILURE OR DAMAGE, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER UNDER THIS TERMS OF SERVICE OR OTHERWISE, EVEN IF VASTU APP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE TO VASTU APP, OR VASTU APP WAS GROSSLY NEGLIGENT. IN NO EVENT SHALL VASTU APP’S LIABILITY EXCEED THE GREATER OF THE PURCHASE PRICE PAID BY THE USER FOR THE VASTU APP OR FIFTY UNITED STATES DOLLARS ($50 USD). USER AGREES THAT ANY EFFORTS BY VASTU APP TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THIS LIMITATION OF LIABILITY. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to the User. In such jurisdictions, Vastu App’s liability is limited to the greatest extent permitted by law.

Export Restrictions. User agrees not to export the Vastu App or any copies thereof or any products utilizing the Vastu App in violation of any applicable laws or regulations of the United States. User agrees to indemnify Vastu App from liability if User violates any such laws or regulations.

Force Majeure. Vastu App shall not be liable hereunder for any failure or delay in the performance of its obligations under this Terms of Service if such failure or delay is on account of causes beyond its control, including power outages, internet outages, faults in the iOS or Android operating systems, labour disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Vastu App shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.

Severability. If for any reason, any provision of this Terms of Service is held invalid, such invalidity shall not affect the remainder of this Terms of Service, and this Terms of Service shall continue in force and effect to the full extent allowed by law.

Choice of Law. These Terms of Service shall be construed and controlled by the laws of the State of California. Any dispute concerning or breach of the terms of this Terms of Service will be governed by the laws of the State of California.

Indemnification. Vastu App shall not undertake to resolve any disputes or litigation on User’s behalf involving the use of the services or products described herein, and User agrees that it shall indemnify, hold Vastu App harmless and defend Vastu App against any disputes involving the use of the Vastu App.

Arbitration and Waiver of Trial by Jury. User and Vastu App agree that any dispute, claim or controversy arising out of or relating to this Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. User acknowledges and agrees that User and Vastu App are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Further, unless both User and Vastu App otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this section will survive any termination of these Terms.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless User and Vastu App otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents User and Vastu App submits to the

arbitrator unless User or Vastu App requests a hearing or the arbitrator determines that a hearing is necessary. If a claim exceeds $10,000, any right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of this Terms of Service, including but not limited to, any limitation of liability as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If User prevails in arbitration User will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Vastu App will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

The user’s responsibility to pay any AAA filing, administrative and arbitrator fees will be sole as set forth in the AAA Rules. However, if the User’s claim for damages does not exceed $75,000, Vastu App will pay all such fees unless the arbitrator finds that either the substance of the User’s claim or the relief sought in User’s Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Notwithstanding the provisions of the “Modification” section above, if Vastu App changes this “Dispute Resolution” section after the date User first accepted these Terms (or accepted any subsequent changes to these Terms), User may reject any such change by sending us written notice (including by email to info@VastuApp.com  within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Vastu App’s email to User notifying User of such change. By rejecting any change, User is agreeing that User will arbitrate any Dispute between the User and Vastu App in accordance with the provisions of this “Dispute Resolution” section as of the date User first accepted this Terms of Service (or accepted any subsequent changes to this Terms of Service).

Entire Terms of Service. This Terms of Service supersedes any and all other Terms of Services, either oral or in writing, between the parties with respect to the matters stated herein, and this Terms of Service contains all of the covenants and Terms of Services between the parties with respect thereto. These Terms of Service may be amended or modified only by a written Terms of Service signed by authorized representatives of both parties.

Knowing Consent and Authority to Consent. The user knowingly and expressly consents to the foregoing terms and conditions.