Terms of Use

Agreement to Terms

By accessing or using vivid-tern.com and our services, you agree to be bound by these Terms of Use. If you disagree with any part of these terms, you may not access our website or use our services.

Description of Services

vivid-tern provides curated audio collections designed to optimize mental state and performance before public appearances. Our services include:

• Digital audio collection access
• Streaming and download capabilities
• Usage guides and recommendations
• Customer support

Eligibility

You must be at least 18 years old to use our services. By using our website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these terms.

Account and Access

Purchase and Access

When you purchase a collection, you receive:

• A unique access link sent to your registered email
• Lifetime access to the purchased collection
• The right to stream and download for personal use
• Free updates to the purchased collection

Account Security

You are responsible for:

• Maintaining the confidentiality of your access credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

Intellectual Property Rights

Our Content

All content, including audio files, text, graphics, logos, and software, is the property of vivid-tern or its licensors and is protected by copyright, trademark, and other intellectual property laws.

License Grant

We grant you a limited, non-exclusive, non-transferable license to:

• Access and stream purchased collections for personal use
• Download collections for offline personal use
• Use collections for their intended purpose

Restrictions

You may not:

• Share, distribute, or publicly perform our collections
• Sell, rent, or sublicense access to our content
• Modify, reverse engineer, or create derivative works
• Remove copyright or proprietary notices
• Use collections for commercial purposes without written permission
• Upload or redistribute our content on any platform

Purchases and Payments

Pricing

All prices are listed in Canadian Dollars (CAD) and are subject to change without notice. Current prices are displayed at the time of purchase.

Payment Processing

Payments are processed through secure third-party payment processors. We do not store your complete payment information on our servers.

Refund Policy

Due to the digital nature of our products:

• All sales are final once access has been granted
• Refunds may be considered within 14 days if you experience technical issues preventing access
• To request a refund, contact [email protected] with your order details

Acceptable Use

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use automated systems to access our website excessively
• Impersonate any person or entity
• Transmit viruses or malicious code

Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that services will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of content

While our collections are designed to support performance preparation, we make no guarantees about specific outcomes or results.

Limitation of Liability

To the fullest extent permitted by law, vivid-tern shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages arising from your use or inability to use our services

Our total liability shall not exceed the amount you paid for the specific collection giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless vivid-tern and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of our services
• Your violation of these terms
• Your violation of any rights of another party

Modifications to Services

We reserve the right to:

• Modify or discontinue any part of our services
• Update collections with improved versions
• Change pricing for future purchases

Your access to previously purchased collections will not be affected by service modifications.

Termination

We may terminate or suspend your access immediately, without prior notice, if you:

• Breach these Terms of Use
• Engage in fraudulent activity
• Violate intellectual property rights

Upon termination, your right to use our services ceases immediately.

Governing Law and Jurisdiction

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

Any disputes shall be resolved exclusively in the courts located in Toronto, Ontario, Canada.

Dispute Resolution

Before filing a claim, you agree to attempt to resolve disputes informally by contacting us at [email protected]. We will attempt to resolve disputes within 30 days.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and other legal notices published on our website, constitute the entire agreement between you and vivid-tern regarding our services.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated date. Your continued use of our services after changes constitutes acceptance of the modified terms.

Contact Information

For questions about these Terms of Use, please contact us:

Email: [email protected]
Address: 438 Wellington Street West, Suite 204, Toronto, ON M5V 1E3, Canada