Terms & Conditions
Version dated 12.11.2024
TERMS AND CONDITIONS
The following Terms and Conditions („Terms and conditions”) shall apply to all users of accessible services (the „Services”) included in the mobile application entitled DAILY LAMA (the „Application”).
By accessing and using the Application, you agree with the contents of the current document, called “Terms and conditions”, which we kindly ask you to read carefully.
You may access these Terms and conditions in the Application at any given moment, and you can visualize, download, save and read them anytime you want.
The version of the Terms and Conditions valid on the date of concluding a contract shall be the enforceable version.
The services are rendered by Daily Lama International SRL, with the registered office in Romania, Bucharest, 1st district, no. 8, Menuetului Street, section 1, room 4, 3rd floor, apt. 4, registered with the Trade Register under no. J40/7217/2024, sole registration code 49887259, (henceforth called the ”Company”).
1. USAGE
The Application contains a wide range of training sessions, combined with various breathing, meditation and relaxation techniques (the “Sessions”) and represents a learning tool destined for users who are interested in diminishing stress and anxiety and improving mental well-being, through practical exercises and suitable advice from experts.
The Application does not provide medical services or devices. Our services are not meant to be understood as medical advice. Only your physician or another medical assistance provider may give you a medical opinion.
All the details related to health, be they recommendations or other materials, are provided solely for general information purposes and should not be construed as being mandatory.
By downloading the Application/contracting and creating a user account, you become a User and may use and benefit from the Services provided.
When you register an Account, you shall be requested to provide certain personal data to the Company, respectively: your surname and first name and your e-mail address. The registration is free of charge. By submitting the registration form you express your consent in respect of using the Services which represent the object of the current document, Terms and Conditions. After receiving the confirmation e-mail, you basically contract the right to use the Application, thereby becoming users of our services (“Users”).
The Company’s confidentiality policy explains the manner in which we treat your personal data and protect your confidentiality when you need to use our Services and may be accessed here: https://www.dailylama.io/privacy.
The usage of our Services does not entitle you to any intellectual copyright over the Services or the content accessed. The content may be used exclusively for personal purposes, as defined in the current document – purely non-commercial purposes, without any direct or indirect intention regarding any profit making or earnings of any kind, derived thereof.
As for the usage of the Services, we can send you notifications concerning the services, other administrative messages and information. You may cancel the receipt of such notifications simply by checking/un-checking them in your Account Settings.
Using the Application for other purposes than the ones it was intended for. Any attempt to access, alter or distribute unauthorized information shall be considered an abuse and shall lead to the suspension of the account and potential legal proceedings.
You are not entitled to copy, alter, distribute, sell or rent any part of the Services and software programs included; you shall not have the right to restore, apply reverse engineering or try to extract the source code of the respective software programs, except for the cases in which you have our written permission.
Using the Services requires adequate and compatible equipment, as well as Internet access, elements which the user must ensure on his/her own responsibility and expense. The Company shall not be liable for any loss or mishandling of the information and/or the data and/or Services, if the User failed to create the necessary conditions.
2. PRICING POLICY
Contracting the Application is not subject to costs, but using it after accessing certain modules in an unlimited, free of charge manner shall require the purchase of a monthly or yearly subscription, depending on your preferences. In all cases, you need to register a user account, for the above-stated purpose.
Subscriptions can be paid online, by card, through GooglePlay Store and/or Apple App Store. The prices include VAT, as per the legislation in force.
Pressing the “Continue” button and finalizing the order represents a firm commitment of purchasing a certain type of Subscription, along with the fact that you have read and accepted the current document, “Terms and conditions”.
By placing an order in the Application, you guarantee that you have the legal capacity to conclude a contract and that all the details provided are authentic, accurate and complete. We reserve the right to refuse or cancel any order, in case we suspect a fraud or an infringement hereof.
The cards accepted for payment are the ones issued under the logo VISA (Classic and Electron) and MASTERCARD (including Maestro, if they possess the code CVV2/CVC2).
No additional transaction fee shall be charged.
Processing the card data shall be carried out exclusively on Google play and Apple App Store servers.
The security of your personal information is guaranteed by the fact that _ GooglePlay Store and/or Apple App Store do not store the confidential data of your card, but send such details encrypted on a secured connection to the processing bank. In this way, your information is safe.
Irrespective of the currency in your account, the transactions shall be carried out in RON, at the exchange rate of your bank.
In order to complete any transaction, one must provide the following: the card number (containing all the figures mentioned on the card, without spaces), the expiry date and the last three figures on the backside, which are imprinted on the band containing your signature, along with the name of the card holder.
The Company shall not request and/or store any details regarding your card, in any way.
The Company shall send the invoice pertaining to the subscription acquired, by adding the invoice in the Application User’s Account.
For an accurate issuance of the invoice, the User who purchased a subscription is required to update his/her personal data in the Client Account, whenever he/she considers necessary.
By sending the Order, the User who purchased a subscription expresses his/her agreement to receiving all invoices electronically, by accessing the Client Account in which the Company shall insert the respective payment documents. In case of a procurement made by legal entities, the invoice shall be sent to SPV – ANAF, in compliance with the fiscal regulations in force.
3. AMENDMENTS AND TERMINATION OF SERVICES
We constantly try to modify and improve our Services. We may add or eliminate certain functionalities or functions, but such alterations shall be previously notified, so as not to impede the delivery of any services to your benefit.
In an extraordinary situation, we may suspend or cease the usage of the Services for substantiated reasons, including, without limitation to a potential fraud on your part. Such a termination or suspension may have an immediate effect, without any prior notification, considering the circumstances of each individual case and weighing the interests of both parties.
You may cancel the subscription within 14 calendar days from the purchase made through the Google Play and App Store platforms.
4. RETURN POLICY
In accordance with EGD 34/2014, any private individual who is a client has the right to return the product purchased, without penalties or claims, within 14 calendar days from the receipt of the package.
The Services rendered through the Application are digital products which may be downloaded and used immediately, on a digital device, and may not be returned. By placing an order in the Application, you confirm you have acknowledged the fact you are acquiring a digital product delivered electronically, without any right of withdrawal.
For the sake of clarity, in line with Art. 16 of EGD 34/2014, letter m), concerning the rights of the consumers stipulated in remote agreements and contracts outside commercial spaces, concluded with professionals, the delivery of digital content that is not provided on hard copy is exempt from the right of withdrawal, if the delivery started with the consumer’s prior express agreement and after the respective person has confirmed the acknowledgment of the loss of this waiver.
5. CONTRACTUAL LIABILITY
We deliver our Services with professionalism and upon observing the highest standards of security, integrity and confidentiality of the data handled.
To the extent allowed by the law, the Company shall not be liable in any way for any damages, including, without limitation to direct, indirect, special, punitive or consistent losses resulted from the usage or failure to use the Services provided.
The Company shall be in no way liable for any loss or damage caused to the User by force majeure events (natural calamities, wars, strikes, pandemic events, etc.)
The data and prices of the Services presented in the Application are of an informative nature and may be altered by the Company without prior notification. All the photos pertaining to the Sessions presented are for information purposes.
6. LEGAL TERMS
The Application operates in compliance with the provisions of the Romanian laws in force and shall be aligned with any subsequent amendments of the relevant legislation. In case any of the provisions herein is declared null and void, this shall not affect the validity of the other provisions stipulated in the current Terms and Conditions, which shall remain applicable.
In order to request information concerning the exercising of your rights regarding the usage of the Application and the Services, you may contact us at: Romania, Bucharest, 1st district, no. 8, Menuetului Street, room 4, 3rd floor, apt. 4 or by e-mail at: support@dailylama.io.
We may alter the Terms and Conditions, for instance, for the purpose of aligning with the changes occurred in the legislation or in our Services. We shall post the notifications regarding any changes in the Terms and Conditions in the Application, reason for which we encourage you to regularly consult this document.
The Terms and Conditions are governed by and shall be construed in compliance with the Romanian law.
Any potential misunderstandings occurred between the parties shall be, as much as possible, solved amicably or settled accordingly by the Bucharest competent courts of law.
These terms represent the full agreement between you and the Company and shall replace any other prior written or verbal agreement. No part of these Terms and Conditions may be assigned or transferred without our prior consent.