Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the HERE applications, websites (including provenhere.com and app.provenhere.com), and related services (together, the "Services") provided by ProvenHERE, LLC, a Delaware limited liability company with its principal place of business in California ("HERE," "we," "us," or "our").

These Terms apply to the HERE commercial applications and websites. The HERE Foundation offline application is provided under its own separate terms and privacy policy and is not covered by these Terms.

1. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent that you are 18 or older and have the legal capacity to enter into these Terms. If we learn that a user is under 18, we will terminate the account and delete associated personal information as described in our Privacy Policy.

If you access the Services through an employer, health plan, or other organization (a "Sponsor"), additional eligibility requirements set by your Sponsor may apply.

2. Your Account

Some features of the Services require an account. You may register with an email address and password or through a third-party sign-in provider (such as Google, Apple, Slack, or Microsoft). You agree to provide accurate registration information and keep it up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at hello@provenhere.com if you suspect unauthorized use of your account. We are not liable for losses arising from unauthorized use of your account that occurs before you notify us.

You may delete your account at any time from within the app (Settings → Terms and privacy → Data management → Delete my account) or by contacting us. Deleting your account does not automatically cancel a paid subscription so see Section 4 for how to cancel.

3. The Services

HERE provides short, interactive wellness experiences that combine nature-based animations, music, and guided audio, available individually and through team and enterprise programs. We may add, modify, or discontinue features at any time. We will make reasonable efforts to notify you of material changes that adversely affect a paid subscription, and Section 4 describes your rights if we do.

4. Subscriptions, Free Trials, and Billing

4.1 Plans and pricing

Certain content and features require a paid subscription. We currently offer auto-renewing monthly and annual individual plans, as well as team plans. The price, billing period, and any applicable free trial are displayed at the point of purchase before you subscribe. All prices are stated in U.S. dollars unless otherwise indicated, and applicable taxes may be added depending on your location.

4.2 Automatic renewal

Subscriptions renew automatically. Unless you cancel at least 24 hours before the end of the current billing period, your subscription will automatically renew for successive periods of the same length, and your payment method will be charged the then-current price at the start of each renewal period. You authorize us (or the applicable app store) to charge your payment method on this recurring basis until you cancel.

4.3 Free trials

We may offer a free trial (currently 7 days) on some plans. If you do not cancel at least 24 hours before the trial ends, the trial converts automatically to a paid subscription and your payment method is charged the price displayed when you started the trial. You are eligible for one free trial only, regardless of platform or sign-up method; we may decline or revoke additional trials.

4.4 How to cancel

How you cancel depends on where you purchased your subscription:

• Apple App Store (iPhone/iPad): open your device Settings → your Apple ID → Subscriptions, and cancel there. We cannot cancel App Store subscriptions on your behalf.
• Google Play (Android): open the Google Play app → your profile → Payments & subscriptions → Subscriptions, and cancel there. We cannot cancel Google Play subscriptions on your behalf.
• Web (provenhere.com): manage or cancel from Settings → Subscription or contact us at hello@provenhere.com and we will process your cancellation.

Cancellation takes effect at the end of the current billing period. You keep access to paid features until then. Deleting the app or your account does not cancel your subscription.

4.5 Refunds

Purchases made through the Apple App Store or Google Play are subject to that store's payment and refund policies, and refund requests must be submitted to Apple or Google directly. For purchases made through our website, payments are non-refundable and we do not provide refunds or credits for partial billing periods, except where required by applicable law or where we choose to issue a refund at our discretion.

If you are a consumer in a jurisdiction whose laws grant mandatory refund, withdrawal, or cooling-off rights that cannot be waived, nothing in this section limits those rights.

4.6 Price changes

We may change subscription prices. Price changes will not apply until your next renewal, and we will give you reasonable advance notice (at least 30 days) before a price increase takes effect. If you do not agree to the new price, cancel before the renewal date; continuing to use the subscription after the change takes effect constitutes acceptance of the new price.

5. Team and Sponsored Access

If your access to the Services is purchased or provided by a Sponsor (for example, an employer team plan or an integration partner program), the agreement between HERE and your Sponsor governs the scope and duration of your access. Your access may end when your Sponsor's agreement ends, when your relationship with the Sponsor ends, or when your Sponsor removes you from its plan, in each case without liability to HERE.

Our Privacy Policy describes the limited information we make available to Sponsors. We do not share the content of your sessions or your individual emotional check-in data with Sponsors, although they may see trends when at least 10 people have contributed.

6. Our Content and Your License

The Services and all content within them; including animations, artwork, music, soundscapes, guided audio, text, software, and trademarks (the "HERE Content"), are owned by HERE or its licensors and are protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services and HERE Content for your personal, non-commercial use (or, for Sponsor plans, your internal use as an authorized member of the Sponsor's plan).

You may not copy, reproduce, distribute, publicly perform, modify, create derivative works from, reverse engineer, scrape, or commercially exploit any part of the Services or HERE Content, except as expressly permitted by these Terms or with our prior written consent.

7. User Content and Feedback

The Services may allow you to submit limited content, such as emotional check-ins, approximate location contributions to the Peace Map, profile information, or messages within group sessions ("User Content"). You retain ownership of your User Content. You grant HERE a worldwide, non-exclusive, royalty-free license to host, store, process, display, and use your User Content as needed to operate and improve the Services, including displaying aggregated, de-identified contributions (for example, regional Peace Map activity).

If you send us feedback, ideas, or suggestions, you agree we may use them without restriction or compensation.

8. Acceptable Use

You agree not to:

• use the Services for any unlawful purpose or in violation of these Terms;
• share your account or resell, sublicense, or make the Services available to third parties except as a Sponsor plan expressly allows;
• interfere with or disrupt the Services, probe or test the vulnerability of our systems, or circumvent authentication or security measures;
• use bots, scrapers, or automated means to access the Services, or harvest data about other users;
• upload malicious code or content that is unlawful, harassing, hateful, or infringes the rights of others;
• misrepresent your identity or affiliation, or use the Services to send spam or unsolicited communications.

We may investigate violations and may suspend or terminate accounts that violate this section (see Section 17).

9. Not Medical Advice

HERE is a wellness product, not a healthcare provider. The Services are provided for general wellness and informational purposes only. HERE is not a licensed medical provider, and the Services do not constitute medical care, mental health care, therapy, treatment, diagnosis, or medical advice, and are not a substitute for any of these. The Services are not intended to diagnose, treat, cure, or prevent any disease or condition.

Always seek the advice of a qualified health professional with any questions about a medical or mental health condition. Never disregard or delay seeking professional advice because of something you experienced in the Services.

If you are in crisis or believe you may harm yourself or others, do not use the Services to seek help. Call your local emergency number immediately. In the United States that number is 911 and you can call or text 988 to reach the Suicide and Crisis Lifeline.

Some experiences in the Services involve light physical activity such as breathing, humming, or relaxation exercises. Participation is voluntary and at your own risk. Certain breathing techniques may not be appropriate for everyone, including people who are pregnant or who have cardiovascular, respiratory, or other medical conditions. Consult your physician before use if you have any concern, and stop immediately if you experience discomfort.

10. Third-Party Services

The Services may link to or interoperate with third-party services (for example, app stores, sign-in providers, and calendar integrations). Those services are governed by their own terms and privacy policies, and HERE is not responsible for them. If you access the Services through a platform such as the Apple App Store or Google Play, that platform's terms also apply to your use, and where required those platform terms take precedence over conflicting provisions of these Terms with respect to the platform.

11. Copyright Complaints

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a notice containing the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512) to hello@provenhere.com with the subject line "DMCA Notice." We will respond to valid notices, and we may terminate the accounts of repeat infringers.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the Services and HERE Content are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that any content or wellness outcome will meet your expectations.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

To the maximum extent permitted by law: (a) HERE and its members, managers, employees, contractors, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or business interruption, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages; and (b) HERE's total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (i) the amounts you paid to HERE for the Services in the twelve (12) months before the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

14. Indemnification

You agree to indemnify and hold harmless HERE and its members, managers, employees, contractors, and licensors from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your User Content, your violation of these Terms, or your violation of any law or the rights of a third party, except to the extent caused by HERE's own breach of these Terms.

15. Dispute Resolution - Arbitration Agreement and Class Action Waiver

15.1 Informal resolution first

Before starting arbitration or litigation, you and HERE agree to try to resolve any dispute informally. Either party may begin this process by sending a written description of the dispute to the other (to us: hello@provenhere.com, subject "Dispute Notice"). The parties will make a good-faith effort to resolve the dispute within 60 days of the notice. If it is not resolved, either party may proceed under this Section 15.

15.2 Agreement to arbitrate

You and HERE agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except as provided in Sections 15.3 and 15.8. The arbitrator will be a single neutral arbitrator, and the arbitration will be conducted in English, by videoconference or telephone, or in person in the county where you reside if either party requests. Payment of AAA filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules.

15.3 Exceptions

Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or prevent unauthorized access to the Services.

15.4 Class action waiver

15.5 Severability of this section

If the class action waiver in Section 15.4 is found unenforceable as to a particular Dispute, then this entire Section 15 (other than this sentence and Section 15.8) will not apply to that Dispute, which shall proceed in court under Section 16. If any other part of this Section 15 is found unenforceable, the remainder will continue to apply.

15.6 Mass or coordinated filings

If twenty-five (25) or more demands for arbitration raising similar claims are filed against HERE by the same or coordinated counsel or entities (a "Mass Filing"), the following process applies notwithstanding anything else in this Section 15: (a) the demands will be administered in sequential batches of up to fifty (50), selected jointly by counsel for the parties (or, failing agreement, by the arbitration provider), with filing, administration, and arbitrator fees due only as each batch commences; (b) after the first batch concludes, the parties will engage in a global mediation informed by those results before further batches proceed; and (c) statutes of limitations are tolled for demands awaiting their batch. If the AAA is unable or unwilling to administer a Mass Filing under this process, the parties will select another reputable national arbitration provider with mass-filing procedures (such as National Arbitration and Mediation (NAM) or FedArb) to administer it. This subsection is intended to ensure the efficient, good-faith resolution of claims and is severable from the remainder of this Section 15.

15.7 Consumers outside the United States

If you are a consumer habitually resident in the European Union, United Kingdom, or another jurisdiction whose laws do not permit mandatory pre-dispute arbitration of consumer claims, this Section 15 does not apply to you. Nothing in these Terms deprives you of protections or forum rights granted by the mandatory consumer laws of your country of residence.

15.8 30-day opt-out right

You may opt out of this arbitration agreement and class action waiver by emailing hello@provenhere.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Include your name and the email address associated with your account. Opting out does not affect any other provision of these Terms.

15.9 Changes to this section

If we change this Section 15 after you accept these Terms, you may reject the change by notifying us within 30 days of the change taking effect, in which case the prior version of this section continues to apply to you.

16. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of California, excluding its conflict of laws rules, except that the Federal Arbitration Act governs Section 15. Subject to Section 15, any Dispute that proceeds in court will be brought exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to personal jurisdiction and venue there. If you are a consumer outside the United States, this section does not deprive you of the protection of mandatory laws, or the jurisdiction of the courts, of your country of residence.

17. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access to the Services if you materially breach these Terms, if required by law, or if we discontinue the Services. If we terminate your paid subscription without cause before the end of a period you have paid for, we will refund the prorated unused portion of that period. Sections that by their nature should survive termination (including Sections 6, 7, and 12 through 16) survive.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email, in-app notice, or by updating the "Last Updated" date with reasonable advance notice. Changes take effect on the date stated in the notice, and your continued use of the Services after that date constitutes acceptance. If you do not agree to updated Terms, stop using the Services and, if applicable, cancel your subscription before the changes take effect.

19. Electronic Communications

By using the Services, you consent to receive communications from us electronically; including agreements, notices, disclosures, and billing communications, by email or through the Services. You agree that electronic communications satisfy any legal requirement that such communications be in writing. To withdraw this consent, or to request a paper copy of any record, contact us at hello@provenhere.com; withdrawing consent may require closing your account, since we operate an online service.

20. General

These Terms, together with the Privacy Policy and any additional terms presented for specific features or plans, are the entire agreement between you and HERE regarding the Services and supersede prior agreements on that subject. If any provision is found unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, sale of assets, or by operation of law. Nothing in these Terms creates any partnership, employment, or agency relationship between you and HERE.

21. Contact