Terms and Conditions

Last update: November 3th, 2024

This notice is issued by the Onenergy Institute (“Service Provider”, “we”, “us”, or “our”).

These terms and conditions (the “Agreement”) govern:

1. Your access and use of: – Our websites (onenergy.institute and onenergyqigong.com) (the “Websites”) – Our mobile applications (the “App”) – Our services, including but not limited to online courses, programs, and content (collectively, the “Services”)
2. Any communication between you (“User”, “you”, or “your”) and Service Provider, whether oral, written, or electronic

PLEASE READ THESE TERMS CAREFULLY

By accessing or using our Websites, App, or Services, you agree to be bound by this Agreement and our Privacy Policy (available at Privacy Policy). If you do not agree to these terms, you must immediately discontinue use of our Websites, App, and Services.

MODIFICATIONS TO TERMS

We reserve the right to modify this Agreement at any time by posting updates to our Websites. Your continued use of our Websites, App, or Services after any such changes constitutes your acceptance of the new terms. We will notify you of material changes through:

• In-app notifications
• Email communications
• Website announcements

You are responsible for reviewing these terms periodically.

ENFORCEMENT

Violation of any terms in this Agreement may result in:

• Immediate termination of your account
• Suspension of access to our Services
• Other remedial actions as deemed appropriate

We may take these actions at our sole discretion and without prior notice.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Agreement, unless the context requires otherwise, the following terms shall have the following meanings:
“Account” means a registered user account on the Onenergy App or Websites.
“App” means the Onenergy mobile application available on iOS and Android platforms, including all its features, functionalities, and content.
“Content” means all information, text, materials, images, videos, audio files, designs, logos, features, functionalities, and other content (including User Content) that is available on or through our Services.
“Free Content” means Content that is available without a Subscription or Token purchase.
“Premium Content” means Content that requires a VIP Subscription or Token purchase to access.
“Services” means collectively, the App, Websites, programs, features, functions, and Content provided by Service Provider.
“Subscription” means any paid membership plan that provides access to Premium Content, including but not limited to VIP monthly and annual subscriptions.
“Tokens” means the virtual currency that can be purchased and used within the App to access specific Premium Content or features.
“User Content” means any Content that users create, upload, or share through our Services, including but not limited to comments, feedback, and program reviews.
“VIP Member” means a user with an active paid Subscription.
“Websites” means the websites operated by the Service Provider at onenergy.institute and onenergyqigong.com.

1.2 Interpretation

In this Agreement:
a) References to “including” or “includes” shall be deemed to have the words “without limitation” following them.
b) Headings are for convenience only and do not affect interpretation.
c) Words importing the singular include the plural and vice versa.
d) References to “written” or “in writing” include email and in-app communications.
e) If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
f) This Agreement is written in English. Any translation into other languages is for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.
g) References to “days” mean calendar days unless otherwise specified.
h) The word “may” means that the applicable action is permitted but not required, while “must” and “shall” indicate mandatory requirements.

2. ACCEPTANCE OF TERMS

By accessing or using our Services, you acknowledge and agree that you have read, understood, and agree to be bound by this Agreement and any additional terms and policies referenced herein. You must have the legal capacity to enter into this binding Agreement. If you are under the legal age of majority in your jurisdiction (usually 18 years), you must have your parent or legal guardian’s permission to use our Services. If you are accepting these terms on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to this Agreement.

Our Services are intended for users who are at least 13 years of age, and users under 13 years of age are prohibited from using our Services. If you are between 13 and the age of majority in your jurisdiction, you must have permission from your parent or legal guardian to use our Services. Your parent or legal guardian must review and accept this Agreement on your behalf and will be responsible for your compliance with this Agreement.

To access certain features of our Services, you must create an Account using accurate and complete information. You are responsible for maintaining and promptly updating your Account information, maintaining Account security, and accepting push notifications for important Service-related communications. By creating an Account, you also accept our Privacy Policy.

We reserve the right to modify this Agreement at any time at our sole discretion. Modifications may include changes to Service features or functionality, updates to payment terms, revisions to usage policies, and additional terms for new features or content. We will notify you of material changes through in-app notifications, email communications, notices on our Websites, or push notifications where enabled. Your continued use of our Services after such modifications constitutes your acceptance of the updated Agreement. If you do not agree with any modifications, you must cease using our Services, cancel your Subscription (subject to our refund policy), and delete your Account.

Certain features, content, or promotions may be subject to additional terms and conditions, which will be disclosed to you when you access such features. Any additional terms are incorporated by reference into this Agreement. In the event of a conflict between this Agreement and any additional terms, the additional terms shall prevail with respect to the specific feature, content, or promotion.

3. ACCOUNT AND SECURITY

To access Premium Content and certain features of our Services, you must create an Account by providing a valid email address, creating a secure password, and providing any other required registration information. You may also create an Account through third-party authentication services (such as Apple ID, Google, or Facebook), subject to their respective terms of service.

You agree to provide accurate, current, and complete information during registration and maintain and promptly update your Account information. You must not use false or misleading information, use an email address that you don’t have the right to use, or impersonate another person or entity.

You are responsible for maintaining the confidentiality of your Account credentials and all activities that occur under your Account. You must immediately notify us of any unauthorized use of your Account, ensure that you log out from your Account at the end of each session, and use strong passwords with regular updates.

Sharing Account credentials with third parties, transferring your Account to another user, creating multiple Accounts unless specifically permitted, using another user’s Account, selling, trading, or transferring your Account, or attempting to circumvent any Account suspension or termination are strictly prohibited.

We reserve the right to suspend or terminate your Account immediately and without notice if you violate this Agreement, provide false or misleading information, we suspect unauthorized or fraudulent use, if required by law or court order, or if you fail to pay any fees when due. Upon Account termination, we may disable or delete any content associated with your Account and maintain your Account information as required by law or for legitimate business purposes.

Upon Account termination, your profile and associated data will be removed from public view immediately. We may retain your data as required by law, for fraud prevention, to resolve disputes, to enforce our agreements, or for legitimate business purposes. You may request complete deletion of your Account data by contacting our support team.

For Account security, if you lose access to your Account, you may reset your password through email verification or third-party authentication services if previously linked. We may require additional verification to protect your Account security. You may access your Account from multiple devices, but you are responsible for all devices that access your Account, maintaining security on all devices, and removing Account access from devices you no longer use.

By creating an Account, you agree to receive mandatory service-related communications including account notifications, security alerts, policy updates, and payment notifications. You may opt out of optional communications such as marketing emails, newsletters, product updates, and special offers.

4. SUBSCRIPTIONS, PAYMENTS, AND TOKENS

We offer several Subscription plans including Free membership with basic access, VIP monthly subscription, VIP annual subscription, and other promotional plans as may be offered. Each Subscription plan provides access to different levels of Content and features as described in our App and Websites.

Our Services utilize a Token system, which is a virtual currency that can be purchased through the App, earned through specific activities, or received as rewards or promotions. Tokens can be used to access specific Premium Content, unlock certain features, or purchase virtual items within the App. It’s important to note that Tokens have no cash value, cannot be transferred to other users, cannot be exchanged for real money, and expire as specified at the time of issuance.

All payments must be made through authorized payment methods within the Apple App Store, Google Play Store, or our website payment system. By initiating a purchase, you authorize us to charge your chosen payment method, confirm you are the authorized user of the payment method, and accept responsibility for all associated fees.

All Subscriptions automatically renew unless you cancel at least 24 hours before the renewal date or we terminate the Subscription. Auto-renewal charges will be at the then-current rate for your Subscription plan and for the same duration as your original Subscription.
We reserve the right to change our prices at any time. For existing Subscriptions, price changes will be notified at least 30 days in advance, take effect at the next renewal date, and will not affect the current Subscription period.

You may cancel your Subscription through your App Store settings (for mobile subscriptions), through your Account settings (for website subscriptions), or by contacting our support team. Refunds are processed according to Apple App Store policies (for iOS users), Google Play Store policies (for Android users), or our refund policy (for website purchases). No refunds will be provided for partially used Subscription periods, purchased Tokens, or cancelled Subscriptions after the renewal date.

Free trial offers are available to new users only and convert to paid Subscriptions automatically at the end of the trial. Trials must be cancelled before the end date to avoid charges and cannot be combined with other promotional offers. We may also offer discounted Subscription rates, special Token packages, and limited-time promotions. These promotional offers may have specific eligibility requirements, cannot be combined with other offers, and may have different terms and conditions.

Payment processing is handled by Apple App Store (iOS devices), Google Play Store (Android devices), or Stripe (website payments). We do not store complete credit card information. All prices include applicable taxes where required and are listed in USD unless otherwise specified, though prices may vary by region or platform. Users are responsible for any applicable taxes, currency conversion fees, and bank or credit card charges.

Your Account status will be affected if payment fails, Subscription expires, or violation of terms occurs. We reserve the right to suspend access to Premium Content, disable Token usage, or terminate Subscriptions for any payment-related issues.

5. USER CONDUCT AND CONTENT

All users must use the Services in compliance with applicable laws and regulations while maintaining respectful behavior towards other users and staff. This includes following instructor guidance and safety precautions during Qigong practices and using the Services only for their intended purposes.

Users are strictly prohibited from engaging in various forms of misconduct. Technical violations include attempting to bypass security measures, reverse engineering or decompiling the App, using automated systems or bots, interfering with the proper functioning of the Services, or creating multiple accounts for abusive purposes. Content violations encompass uploading or sharing inappropriate, offensive, or illegal content, violating intellectual property rights, sharing misleading information, posting spam, or sharing others’ personal information without consent. Community violations include harassment, bullying, intimidation, impersonation of others, disrupting online discussions or classes, promoting hate speech or discrimination, or engaging in unauthorized commercial activities.

When posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and display your content for Service-related purposes. By posting content, you represent and warrant that you own or have necessary rights to share the content, that it doesn’t violate any third-party rights, and that it complies with these terms and applicable laws.

We maintain the right to review, monitor, or moderate any User Content and may remove or refuse any content that violates these terms, is potentially illegal, inappropriate or offensive, may harm our Services or users, or violates our content guidelines. We may take appropriate action against violations, including content removal, account suspension, account termination, or reporting to authorities when necessary.

When providing feedback, you grant us the right to use your input for service improvement, marketing purposes, and feature development. You acknowledge that feedback is voluntary, you will not receive compensation, and we are not obligated to implement suggestions.
Our community guidelines require users to practice safety by following proper Qigong techniques, respecting personal limitations, and seeking medical advice when necessary. Users must maintain respectful communication by using appropriate language, respecting diverse viewpoints, and providing constructive feedback. Privacy protection is essential – users should not share personal information, must respect the confidentiality of group discussions, and obtain permission before sharing others’ content.

Users should report violations through in-app reporting tools, email to support, or contact forms. When reporting, please provide specific details of the violation, relevant evidence, and the date and time of occurrence.

For violations of these terms, we may issue warnings for minor infractions, suspend accounts for repeated minor violations or serious single violations, and terminate accounts for severe violations, illegal activities, or multiple suspensions. We reserve the right to take legal action when necessary to protect our Services and community.

6. INTELLECTUAL PROPERTY RIGHTS

Our Services and all content therein are protected by copyrights, trademarks, trade secrets, and other intellectual property rights. Protected elements include Qigong instructional videos, audio meditations, written content, graphics and images, app design and interface, source code, logo and branding elements, training methodologies, and program structures.
We grant you a limited, non-exclusive, non-transferable, revocable, and personal license to access and use our Services, view and participate in content, and download authorized materials for personal use, subject to these Terms and your Subscription status.

Users are prohibited from copying, modifying, or distributing our content, creating derivative works, using content for commercial purposes, removing or modifying copyright or trademark notices, recording or sharing live sessions, streaming content, or downloaded materials, or transferring access rights to others.

Our trademarks include “Onenergy,” associated logos, product and service names, and design elements. Users may not use our trademarks without prior written permission, in a way that suggests endorsement, for commercial purposes, or in a confusing or misleading manner.

We respect intellectual property rights and expect users to do the same. Copyright infringement reports should include a description of the copyrighted work and infringing material, contact information, statements of good faith belief and accuracy, and a physical or electronic signature. Submit copyright claims to [email protected].

Regarding user-submitted content, you retain ownership of your original content while granting us a license to use, display, reproduce, modify, distribute, and create derivative works of your content for Service-related purposes. You warrant that you own or have rights to share the content, it doesn’t infringe others’ rights, and you have authority to grant us license.

Our Services may include content from partner instructors, licensed content providers, and other third parties. Such content is protected by copyright laws, license agreements, and other intellectual property rights. Users must respect all applicable rights and restrictions.
When using our content, users must maintain all copyright notices, use content only for personal, non-commercial purposes, not share access credentials, not create training materials using our content, and not use content in any public performance.

We reserve the right to monitor for intellectual property violations, remove infringing content, suspend or terminate accounts, take legal action against violations, and cooperate with intellectual property investigations.

Your license to use our content terminates automatically if you violate these terms, may be revoked at our discretion, ends when your Subscription terminates, and requires deletion of downloaded materials upon termination.

7. PRIVACY

Our Privacy Policy, available at Privacy Policy, is incorporated into and made part of these Terms by reference. By using our Services, you acknowledge that you have read and understood our Privacy Policy and agree to our collection and use of your information, our data processing practices, and the terms of our Privacy Policy.

We may update our Privacy Policy from time to time. Continued use of the Services after Privacy Policy changes constitutes acceptance of the updated Privacy Policy. You will be notified of material changes to our Privacy Policy through in-app notifications, email communications, and website announcements.

8. SUBSCRIPTION AND PAYMENTS

We offer free limited access, premium subscription plans, and special promotional offers. Subscription features and pricing are displayed in the App, subject to change with notice, and may vary by region.

Subscription fees are charged in advance, billed according to the chosen plan, and processed through authorized payment providers. We accept payment through credit/debit cards, platform-specific payment systems (Apple Pay, Google Pay), and other available payment methods. Prices include applicable taxes, are charged in the specified currency, and are subject to exchange rates.

Subscriptions automatically renew unless cancelled before the renewal date, the account is terminated, or the service is discontinued. Renewal terms maintain the same duration as the original subscription at the current price at time of renewal and are charged to the original payment method.

Users may cancel their subscription through account settings, via platform providers, or by contacting support. Cancellation takes effect at the end of the current period, with no partial period refunds, and access continues until the period ends.

Refund eligibility is determined according to platform policies, legal requirements, and our discretion. Refund requests must be submitted promptly, include a valid reason, and be made through the appropriate channel.

We reserve the right to modify subscription prices, change available plans, and adjust features. Price changes apply to the next billing cycle with prior notification and users have the option to cancel before changes take effect.

Trial periods have a specified duration at signup, provide full feature access, and convert to paid subscriptions upon completion. Trial limitations include one trial per user, may require a credit card, and allow early cancellation.

Active account status requires a valid payment method, current subscription, and good standing. Subscription status affects feature access, content availability, and service usage.

For payment disputes, users should contact support first, provide documentation, and work toward cooperative resolution. Accounts may be suspended during disputes, subject to verification, and possible termination.

Promotional offers may have specific terms, limited time availability, and restricted eligibility. Promotion terms are clearly stated at signup, are not combinable unless specified, and are subject to verification.

9. DISCLAIMERS AND WARRANTIES

Our Services are provided “as is” and “as available” without any warranties and subject to technical limitations. We do not guarantee uninterrupted service, error-free operation, specific results, or content accuracy.

Regarding exercise and Qigong practices, users must consult their healthcare provider before starting, follow instructions carefully, practice within personal limits, and stop if discomfort occurs. We are not responsible for personal injury, health complications, improper practice, or pre-existing conditions.

Our educational content is for informational purposes only and not medical advice or professional instruction. Content is subject to interpretation. Third-party content is not endorsed by us, its accuracy is not guaranteed, is subject to change, and independent verification is recommended.

App performance depends on device compatibility, internet connection, system requirements, and technical conditions. We do not warrant compatibility with all devices, perfect functionality, continuous availability, or data preservation.

We disclaim all warranties, including express warranties, implied warranties, merchantability, and fitness for purpose, to the maximum extent permitted by law.

Users are responsible for practice safety, device compatibility, internet connection, and data backup. Users acknowledge inherent risks, personal responsibility, practice limitations, and technical requirements.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law, we are not liable for direct, indirect, incidental, consequential, or special damages, including but not limited to personal injury, loss of data, service interruption, device damage, and financial loss.

If liability cannot be excluded, it is limited to subscription fees paid in the previous 12 months maximum, as required by applicable law, or lesser amount if specified.

Liability limitations do not apply to gross negligence, willful misconduct, fraud, statutory rights, or legal requirements.

Claims must be filed within the applicable statute of limitations or one year from the incident, whichever is shorter, as required by law.

You agree to indemnify us against third-party claims, legal costs, settlement amounts, and related expenses arising from your Terms violation, illegal activities, content misuse, or account abuse.

11. GENERAL PROVISIONS

These Terms constitute the complete agreement between parties, superseding all prior agreements, and represent the full understanding and binding terms between users and the company.

If any provision of these Terms is found to be invalid, the remainder stays valid and enforceable. Invalid provisions will be modified to preserve their intent while maintaining legal compliance.

Failure to enforce any right or provision of these Terms does not constitute a waiver. All rights are preserved, and future enforcement remains discretionary and available to the company.

The company may assign its rights and obligations under these Terms to any party at any time without notification. Users may not assign their rights, obligations, account access, or subscription benefits without explicit permission from the company.

The company is not liable for failure to perform obligations due to circumstances beyond our control, including natural disasters, technical failures, government actions, or other force majeure events.

For questions about these Terms, users can contact us via email at [email protected], through our website at onenergyqigong.com, or through available support channels and legal department.

These Terms are governed by the laws of the Province of British Columbia (Canada), including related laws, legal procedures, and court decisions.