Last updated: November 14, 2021
WIND METHOD offers a subscription-based service that allows members to access freedom from smoking related content provided over the Internet via an app (“Never Relapse Again Services”).
By using the Never Relapse Again Services you have accepted these terms of service. If you do not agree to these terms, you may not use the Never Relapse Again Services. These terms of service also incorporate the requirements of our privacy policy and any particular Never Relapse Again Services posted guidelines or policies. In our sole discretion, we may modify these terms of service without notice. By using the Never Relapse Again Services you agree to any modifications. We recommend that you review these terms of service prior to each use of the Never Relapse Again Services.
At no time are any teachings or information available from the Never Relapse Again Services intended to be substituted for professional mental health or medical treatment. You should always seek the attention of a licensed medical professional for any concerns.
Never Relapse Again Services are not available to persons under the age of 18. If you are under the age of 18, you may not use the Never Relapse Again Services
Never Relapse Again Services are also not available to any users previously barred from using them or restricted from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY USING THE NEVER RELAPSE AGAIN SERVICES, YOU AGREE TO THE MANDATORY ARBITRATION, CLASS ACTION WAIVER AND JURY WAIVER PROVISIONS CONTAINED IN THESE TERMS OF SERVICE CONTAINED IN SECTION 9.
Never Relapse Again Services is available in all the countries provided by Google Play and Apple Store distribution, except Romania and Moldavia. Do not download, subscribe or use the Never Relapse Again Services”, as the custom Google Play and Apple Store distribution will not support Romania and Moldavia.
Subscription. Your WIND METHOD subscription will continue and automatically renew until terminated. To use the Never Relapse Again Services you must have Internet access, a device that can utilize the Never Relapse Again Services and a valid form of payment. You authorize us to charge any form of payment you provide, in connection with your subscription. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees. You may also incur third party charges and taxes when receiving the Never Relapse Again Services through your smart phone or other mobile device.
Free Trial. YourNever Relapse Again Services may start with a free trial period. Any free trial period is at the sole discretion ofWIND METHOD and we may limit eligibility or duration to prevent misuse. We reserve the right to terminate any free trial period at any time. We will charge you a subscription fee upon expiration of your free trial period. To view the subscription price, please access your account information when you login for the Never Relapse Again Services.
Account. To have a subscription you will need to open a user account. You will be asked to provide us with certain information such as an email address or Apple ID. You are solely responsible for maintaining the confidentiality of your account, your email address and Apple ID. You will be assigned a one-time PIN code upon each login instance. Please make sure the information you provide to us at all times true, accurate, current, and complete to the best of your knowledge. You may not sell, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account.
Cancellation. You can cancel the Never Relapse Again Services at any time. However, you will continue to have access to the Never Relapse Again Services through the end of your subscription period. To cancel your subscription, please login into your account.
Communication Preferences. With your subscription, you consent to receive communications by email or text. You may stop receiving emails by clicking the unsubscribe links contained in emails or texts or by emailing your request to opt out to thewindmethod@gmail.com.
All content, trademarks, logos, information, and any other materials of the Never Relapse Again Services are the property of WIND METHOD and are protected by intellectual property laws. By using the Never Relapse Again Services you are granted a limited license for personal use only. You are not permitted to resell, distribute, publicly display, modify, make derivative uses of, or otherwise use the Never Relapse Again Services other than for their intended personal use. If you violate any terms of these services, we may terminate or suspend you from using the Never Relapse Again Services at any time.
In connection with providing the Never Relapse Again Services, we may provide links to third party websites as a convenience to you. If you use these links, you will leave the Never Relapse Again Services and your dealings will solely be with the third-party websites. You agree that WIND METHOD is not be responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products or services.
YOUR USE OF THE NEVER RELAPSE AGAIN SERVICESIS AT YOUR SOLE RISK. THE NEVER RELAPSE AGAIN SERVICESARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.WIND METHOD AND ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “WIND METHOD AND ITS AFFILIATED PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WIND METHOD AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT THE NEVER RELAPSE AGAIN SERVICESWILL (I) MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) BE ACCURATE OR RELIABLE, OR (IV) BE CORRECTED OF ANY ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NEVER RELAPSE AGAIN SERVICESIS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WIND METHOD OR ITS AFFILIATED PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to use the Never Relapse Again Services only for lawful purposes and that you are solely responsible for your use of the Never Relapse Again Services.
You further agree that you will not access the Never Relapse Again Services by any means except through the interface provided, or designed, by WIND METHOD.
If you provide any information that is false or inaccurate, or WIND METHOD has reasonable grounds to suspect that such information is false or inaccurate, WIND METHOD has the right to prohibit any use of the Never Relapse Again Services by you.
You agree that you are not accessing the Never Relapse Again Services from any territory where it is illegal to do so. If you reside outside Romania and use the Never Relapse Again Services, you do so on your own initiative and are responsible for compliance with all laws.
This Agreement may be terminated by WIND METHOD at any time. You also agree that WIND METHOD may terminate or suspend your access to the Never Relapse Again Services, without notice, for any conduct that WIND METHOD, in its sole discretion, believes violates this Agreement, violates any law or is harmful. You may terminate this Agreement at any time, provided that you discontinue any further use of the Never Relapse Again Services and destroy any downloaded materials.
WIND METHOD reserves the right at any time to modify or discontinue, temporarily or permanently, the Never Relapse Again Services, with or without notice.
You agree to indemnify, defend and hold harmless WIND METHOD and its Affiliated Parties against all liability, causes of action, damages and costs, including any reasonable attorneys’ fees, arising from your breach of this Agreement.
This Agreement shall be governed by the laws of Romania, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
You agree that any claim or dispute relating to the Never Relapse Again Services or this Agreement that is not resolved under the arbitration requirements of this Agreement must be resolved exclusively by a court of competent jurisdiction, located in Bihor County, Romania, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.
If there is an instance when you have a concern that needs special attention, WIND METHOD is committed to working with you to reach a reasonable resolution. However, we can only do this if we know about it. Therefore, for any concern you may have with the Never Relapse Again Services, you agree to first send a written description of it to thewindmethod@gmail.com so we have an opportunity to address it. You agree to work with WIND METHOD in good faith to resolve the concern. We believe this should lead to resolution. However, if for some reason the concern is not resolved satisfactorily within 60 days after we receive your email, and all necessary information, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum for any dispute and claim that cannot be resolved informally will be final and binding arbitration. However, if you have infringed or violated, in any manner, WIND METHOD’s intellectual property rights, you acknowledge that arbitration is not an adequate remedy at law and that we may seek injunctive relief. You agree that the Romanian arbitration law applies to arbitrations under the Agreement, together with the applicable arbitration procedure, rules and fees as stated by the Bihor County Court of Arbitration.
Any arbitration hearings will take place in Bihor County, Romania. The arbitrator's award shall be final and binding on all parties, except for judicial review expressly permitted by law.
YOU AND WIND METHOD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WIND METHOD agree, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WIND METHOD BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
In no event can any claim or action by you related to the Never Relapse Again Services be instituted more than one year after the cause of action arose.
Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Entire Agreement. This Agreement, including the Privacy Policy and any other policies incorporated herein, constitute the entire and only agreement between WIND METHOD and you. This Agreement supersedes any prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding this Agreement or the Never Relapse Again Services.
No Waiver. The failure of WIND METHOD and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
If you have any comments, questions, or concerns regarding this Agreement or the Never Relapse Again Services, please contact us at thewindmethod@gmail.com. We will address any issue to the best of our abilities as soon as possible.
WIND METHOD S.R.L., Strada: Gen. Gheorghe Magheru Nr. 20, Et. 1, Ap. 9, Oras: Oradea Judet: Bihor, Cod Postal 410057