EU TERMS OF SERVICE (History)

1. Welcome to Mana

1.1 Mana operates a platform, which we make available through the Mana application available for download on your mobile device (the "Mana App") and our website at https://mana.ai/, that allows users ("Users") to record what they do with their time, set life goals and share this information and communicate with life coaches ("Guides") in order to receive guidance and advice, and for Guides to offer and provide their life coaching and guidance services to Users (the "Mana Service").

1.2 The Mana Service is operated by Mana Hours, Inc. ("Mana", "we", "our", or "us").

2. Important warnings

2.1 While the Mana Service may help you structure your life goals and give you the opportunity to speak to Guides, everyone responds differently to life coaching, guidance or even goal-setting. We are therefore unable to guarantee that you will achieve the goals you set for yourself using the Mana Service, or that you will benefit from using the Mana Service at all.

2.2 As well as providing the infrastructure that enables Users to record their time, set goals and seek guidance from Guides, and enables Guides to offer their services to Users, we may also, from time to time, provide life coaching and guidance services ("Guidance Services") ourselves through the Mana Service, either through life coaches and guides engaged by us or through our automated guidance software. We will indicate to you whether Guidance Services are being provided by us or by independent Guides.

2.3 Where you receive Guidance Services from a Guide through the Mana Service, , we cannot provide any guarantees regarding the suitability of Guides or the standard of the services provided by Guides that use the Mana Service. The Guide (and not us) will be responsible to you for the quality of the Guidance Services they provide to you, including ensuring that those Guidance Services conform to any descriptions or promises the Guide has made to you. We will not be responsible to you if any of the Guidance Services you receive from a Guide do not match any promises made by the Guide or your expectations, or if such Guidance Services are otherwise not provided with reasonable care and skill.

2.4 If you are a Guide, you will be responsible for complying with any obligations you may have under applicable law with respect to the Guidance Services that you provide, including ensuring that your Guidance Services conform to any descriptions, images or other promises that you give to Users through the Mana Service or otherwise. You will also be responsible for giving effect to Users' rights under applicable consumer law, including compensating any loss or damage that you might cause to the User in the course of providing your Guidance Services.

2.5 The Mana Service is not a platform for professional counselling or medical advice, and so we do not conduct any vetting of Guides. Guides should not be offering, and you should not be asking them to provide you with any medical or professional advice. You should always speak to an appropriate professional (such as a doctor, a lawyer or an accountant) if you require any professional advice. You should report any Guide to us if you believe that Guide is unsuitable for providing life coaching or guidance services, offers to provide any kind of professional counselling or medical advice, or behaves in an unsuitable manner (including in breach of our Rules of Acceptable Use).

3. Your relationship with us

3.1 This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us when you use the Mana Service from the European Economic Area, Switzerland or United Kingdom. It is important that you read and understand these Terms of Service before using the Mana Service.

3.2 By accessing and using the Mana Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the Mana Service.

4. Information about us

4.1 Mana Hours, Inc., is a Delaware Corporation in the United States, with its registered address at 1 Polk Street Unit 307, San Francisco, CA 94102.

5. Information about you

5.1 Your privacy is important to us. You should read our Privacy Policy (https://mana.ai/privacy-policy) to understand how we collect, use and share information about you.

6. The Mana Service

6.1 The Mana Service allows Users to record how they use their time, set goals and share information and communicate with Guides in order for Guides to provide Guidance Service.

6.2 We may, from time to time, provide social features on the Mana Service, which enable you to message and share information about your use of the Mana Service with other users, upload pictures and post comments . Any use of these social features should comply with our Rules of Acceptable Use below.

7. Setting up your account

7.1 To access the Mana Service, you must set up an account (your "Account"). You can do this by:

(a) entering your email address and creating a password for your Account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account; or

(b) logging in using your Google account or Apple ID.

7.2 You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the Mana Service.

7.3 You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at support@mana.aistraight away to let us know.

8. Your right to use the Mana Service

8.1 The materials and content comprising the Mana Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Mana Service in accordance with these Terms of Service.

8.2 We also allow you to download the Mana App for use on your device solely for the purpose of accessing and using the Mana Service in accordance with these Terms of Service.

8.3 Your right to use the Mana Service and to download the Mana App is personal to you and you are not allowed to give this right to any other person. Your right to use the Mana Service and to download the Mana App does not stop us from giving other people the right to use the Mana Service or download the Mana App.

8.4 Unless allowed by these Terms of Service or as permitted by the functionality of the Mana Service, you agree:

(a) not to copy, or attempt to copy the Mana App or any other portion of the Mana Service;

(b) not to give or sell or otherwise make available the Mana App or any other portion of the Mana Service to anybody else;

(d) not to look for or access the code of the Mana App or any other portion of the Mana Service that we have not expressly published publicly for general use.

8.5 You agree that all confidential information, copyright and other intellectual property rights in the Mana App or any other portion of the Mana Service belong to us or the people who have licenced those rights to us.

8.6 You agree that you have no rights in or to the Mana App or any other portion of the Mana Service other than the right to use and access them in accordance with these Terms of Service.

9. Your content

9.1 You confirm that any images, text or information that you upload to the Mana Service, including any messages you exchange with Guides (if you are a User) or Users (if you are a Guide), or reviews that you post about Guides (your "User Content") will meet the Rules of Acceptable Use.

9.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Mana Service (including allowing users that you give access to any User Content to view and use your User Content).

9.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.

9.4 Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy (https://mana.ai/privacy-policy) which provides information on how we use your personal information.

9.5 We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.

10. Rules of Acceptable Use

10.1 In addition to the other requirements within these Terms of Service, this paragraph 12 describes specific rules that apply to your use of the Mana Service (the "Rules of Acceptable Use").

10.2 When using the Mana Service you must not:

(a) circumvent, disable or otherwise interfere with any security related features of the Mana Service;

(b) give any false or misleading information, impersonate any person or permit any other person to use the Mana Service under your name or on your behalf unless such person is authorised by you;

(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;

(e) promote or advertise any goods or services on the Mana Service other than the life coaching and guidance services that you, as a Guide, make available through the Mana Service;

(f) send any unsolicited marketing communications through the Mana Service;

(g) modify, interfere, intercept, disrupt or hack the Mana Service;

(h) misuse the Mana Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the Mana Service or any user of the Mana Service's own equipment;

(i) collect any data from the Mana Service other than in accordance with these Terms of Service;

(j) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;

(k) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;

(l) use any User Content in violation of any licensing terms specified by the owner;

(m) other than leaving honest and accurate reviews of any services provided by Guides, submit or contribute any information or commentary about another person without that person's permission;

(n) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or

(o) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Mana Service in a manner that send more request messages to the Mana Service than a human can reasonably produce in the same period of time.

10.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

(a) immediate, temporary or permanent withdrawal of your right to use the Mana Service;

(b) immediate, temporary or permanent removal of any User Content;

(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

10.4 The responses described in paragraph 12.3 are not limited, and we may take any other action we reasonably deem appropriate.

11. Notice and takedown policy

11.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the Mana Service infringes their rights. The Infringement Notice should be sent by email to support@mana.ai. Please provide the following information in the Infringement Notice:

(a) your name and contact details;

(b) a statement explaining in sufficient detail why you consider that the content available through the Mana Service infringes your rights or fails to comply with our Rules of Acceptable Use; and

11.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

12. Additional terms that apply to Guides

12.1 This paragraph 14 applies to you if you are a Guide.

12.2 You can sign up as a Guide by emailing a request to guides@mana.ai.

12.3 You are responsible for ensuring that:

(a) your provision of Guidance Services through the Mana Service will not breach any local laws or regulations governing the provision of such services;

(b) any information about yourself, your experience and the Guidance Services that you offer through the Mana Service are accurate and set out the main characteristics of the Guidance Services you will provide;

(i) conform in all material respects with any pictures, descriptions and/or any other information regarding the Guidance Services that you provide to Users through the Mana Service; and

(ii) are performed with reasonable care and skill.

12.4 When acting as a Guide, you must not:

(a) offer, or give Users the impression that you provide any professional counselling, psychiatric or medical advice through the Mana Service;

(b) suggest that Users take any medication that is not available off-the-shelf from pharmacies;

(c) allow for anyone other than you to provide life coaching or advice through the Mana Service through your Account or otherwise on your behalf; or

(d) share information about Users with anyone else other than us.

12.5 You are responsible for any Guidance Services that you provide to Users. You will be responsible for any loss or damage the User or any other person may suffer as a result of your advice, or any failure by you to comply with the requirements in paragraphs 14.3 or 14.4.

12.6 In order to provide Guidance Services, you will be given access to certain User Content submitted by the Users receiving your Guidance Services. You must ensure that you keep any such User Content confidential, and not use or disclose such User Content for any purpose other than providing the Guidance Services to the relevant User.

12.7 Save as set out in this paragraph 14, you are free to agree any other terms on which you provide Guidance Services to a User, including the price you wish to charge to the User in respect of your Guidance Services ("Guidance Fee"). When you offer to provide Guidance Services, you must ensure that any Guidance Fee that you advertise is the total price payable for your Guidance Services, including any taxes.

12.8 Once you agree the terms on which you agree to provide Guidance Service, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the User agrees to those amended terms.

12.9 You will be responsible for any taxes with respect the Guidance Fees that you receive.

13. Additional terms that apply to Users

13.1 This paragraph 15 applies to you if you are a User.

13.2 You acknowledge that:

(a) we do not actively monitor the descriptions provided by Guides of their experience, qualifications or character, or any advice that they provide to you through the Mana Service, and so we are not responsible for the accuracy or truthfulness of this information;

(b) while we may suggest Guides to you through the Mana Service based on the information you provide, we do not make any guarantees about the suitability or compatibility of the Guides to your needs – it is up to you to determine whether a Guide is suitable for you;

(c) Guides do not normally have any special qualifications, are not medical professionals of any kind, and you should not ask them to provide or treat any advice you receive from them as medical or professional advice.

13.3 If you believe that a Guide is unsuitable for any reason, or has otherwise breached these Terms of Service, you can report them to us by sending an email to support@mana.ai. If you do so, please specify why you believe the Guide has acted inappropriately or has breached these Terms of Service.

14. Subscription Fees and payment

14.1 You do not have to pay to access the Mana Service. However, in order to use certain features of the Mana Service, including communicating with Guides, you will need to subscribe for the Mana Service and pay a regular fee (the "Subscription Fee").

14.2 When you confirm that you wish to subscribe to use the full functionalities of the Mana Service, you will need to select the length of your initial subscription (the "Subscription Period"), and you agree for the subscription to commence during the Cancellation Period (defined in paragraph 14.3 below). After the end of the Trial Period (as described in paragraph 15 below), you authorise us to charge the applicable Subscription Fee for the selected Subscription Period to the Apple App Store account or other Store Provider (as referred to in paragraph 18.1 below) account linked to your device, or the credit or debit card that you provide if you subscribe using the functionalities of the Mana Service.

14.3 Your subscription will automatically renew at the end of each Subscription Period and we will charge you the applicable Subscription Fee for the next Subscription Period. We will notify you in advance before the end of your existing Subscription Period that your subscription is about to renew. If you do not want to renew your subscription, you will need to tell us at least 72 hours before the next Subscription Period begins through the appropriate settings on your device, Apple App Store account or other Store Provider account, or by emailing your request to support@mana.ai. You can also cancel your subscription within 14 days from the beginning of your initial Subscription Period (the “Cancellation Period”). If you have benefitted from a free trial, the Cancellation Period will expire 14 days from the beginning of your Trial Period (as defined in paragraph 15.1 below). If you cancel your subscription within the 14 day Cancellation Period as described above, we will refund you a pro-rata amount of the Subscription Fee for the unused period of the applicable Subscription Period. As you have agreed for the subscription to the full functionalities of the Mana Service to commence during the Cancellation Period, you will still be required to pay a Subscription Fee for the period of your subscription until you communicated your cancellation to us (excluding any portion of the Trial Period, where no payment was taken) and we will therefore not refund you for that portion of your subscription. We will make the refund without undue delay and not later than 30 days after the day on which we are informed about your decision to cancel your subscription. If you cancel during the Trial Period, you will not receive a refund as no payment will have been taken from you.

15. Free Trial

15.1 We offer a free trial of the Mana Service for 14 days after you have created your Account, selected the length of and agreed to start your initial subscription (the "Trial Period").

15.2 During the Trial Period, we will not charge you any fees for using the Mana Service. On the day after the Trial Period ends, we will charge you the Subscription Fee for the next Subscription Period, unless you indicate to us at least 24 hours before the end of the Trial Period that you do not wish to continue using the Mana Service after the end of the Trial Period. You can do this through your Apple App Store account or other Store Provider account, by updating the appropriate settings on your device, Apple App Store account or other Store Provider account, or by emailing your request to support@mana.ai.

16. Guidance Fees

16.1 Where we provide Guidance Services to you ourselves, we will indicate to you the relevant Guidance Fee that we charge in respect of such Guidance Services.

16.2 When you request Guidance Services, we will ask you to provide us with valid, up-to-date and complete credit or debit card details. By proceeding with requesting those Guidance Services, you authorise us to charge such credit or debit card the relevant Guidance Fee and hereby confirm that the details you provide are accurate and that you have the right to use the payment method selected.

17. Ending our relationship

17.1 If at any time you do not feel that you can agree to these Terms of Service or any changes made to these Terms of Service or the Mana Service, you must immediately stop using the Mana Service.

17.2 If you would like to stop using the Mana Service, you must notify us if you wish to close your Account, and we will end your use of the Mana Service and close your Account at the end of the Subscription Period in which you notify us that you would like to close your Account and stop using the Mana Service, provided that you tell us at 24 hours before the then current Subscription Period expires. You can do this by sending an email to support@mana.ai. Deleting the Mana App might not close any Account you have created in relation to the Mana Service.

17.3 We may immediately end your use of the Mana Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Mana Service including these Terms of Service. Please note that we will not refund you any Subscription Fees that you have already paid in respect of the Subscription Period in which we end your use of the Mana Service in this way.

17.4 We may also withdraw all or any part of the Mana Service, and any Guidance Services that we provide, as long as we give you reasonable notice that we plan to do this. If we withdraw the paid features of the Mana Service, we will refund any Subscription Fees you have paid in respect of any unexpired Subscription Period at the date that we withdraw the Mana Service.

17.5 If you or we end your use of the Mana Service or we withdraw the Mana Service as described in this paragraph 16, we may delete your User Content, any other information that you have uploaded to the Mana Service or any other information we hold about you. You will also lose any rights you have to use the Mana Service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the Mana Service, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the Mana Service or any such information, content or User Content.

17.6 The termination of your use of the Mana Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.

17.7 Nothing in this paragraph 16 affects any legal rights you may have under the law of the country in which you are resident.

18. Our liability/responsibility to you

18.1 While we will do our best to ensure that the Mana Service itself is of a reasonable standard and quality and matches any descriptions we have provided you, the Mana App and any other portion of the Mana Service may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.

18.2 In addition, due to the nature of the Internet and technology, the Mana Service is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Mana Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Mana Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

18.3 In the event of a claim arising out of the provision of the Mana Service, our responsibility to you will never be more than the Subscription Fees you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.

18.4 We will do our best to ensure that any Guidance Services that we provide are provided with reasonable skill and care. However, please note that different people respond differently to Guidance Services, and so we cannot promise that you will experience any particular result or benefit from receiving the Guidance Services. In the event of a claim arising out of our provision of the Guidance Services, our responsibility to you will never be more than the Guidance Fees you have paid to us prior to the claim arising.

18.5 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Terms of Service. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you created your Account, both we and you knew it might happen.

18.6 The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.

19. App store additional terms

19.1 You acknowledge that these Terms of Service set out the terms of the agreement between you and us only, and do not apply to your relationship with Apple, Inc, Google Ireland Limited or any other provider of an app store or distribution platform from which you download the Mana App (the "Store Provider").

19.2 We, not the Store Provider, will be solely responsible for the Mana App, any content that we make available through the Mana App and any support or maintenance in respect of the Mana App. The Store Provider will have no obligation to provide any maintenance or support services with respect to the Mana App.

19.3 We, not the Store Provider, will be solely responsible in the event that the Mana App does not comply with any warranties or other promises (including any promises made in respect of its functionality, suitability or fitness for purpose). To the maximum extent permitted by law, the Store Provider will not be responsible to you for any claims in relation to the Mana App.

19.4 In the event of any claim that the Mana App infringes another person's intellectual property rights, we, not the Store Provider, will be solely responsible for investigating, defending, settling or otherwise dealing with any such intellectual property infringement claim.

19.5 You acknowledge that:

(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

(b) you are not listed on any U.S. Government list of prohibited or restricted parties.

19.6 The Store Provider (and members of its corporate group) are third party beneficiaries under these Terms of Service and have the right to enforce these Terms of Service against you.

20. Changes to the Mana Service

20.1 We are constantly updating and improving the Mana Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Mana Service.

20.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Mana Service, or feature relating to the Mana Service ("changes to the Mana Service"). These changes to the Mana Service may affect your past activities on the Mana Service, features that you use, your User Content and any other information you submit to the Mana Service ("Service Elements"). Any changes to the Mana Service could involve your Service Elements being deleted or reset.

20.3 You agree that a key characteristic of the Mana Service is that changes to the Mana Service will take place over time and this is an important basis on which we grant you access to the Mana Service. Once we have made changes to any part of the Mana Service, your continued use of the Mana Service will show that you have accepted any changes to the Mana Service. You are always free to stop using the Mana Service.

21. Changes to the documents

21.1 We may revise these Terms of Service from time to time but the most current version will always be at https://mana.ai/terms-of-service-eu or in the relevant section of the Mana App.

21.2 Changes will usually occur because of new features being added to the Mana Service, changes in the law or where we need to clarify our position on something.

21.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

22. Documents that apply to our relationship with you

22.1 The current version of these Terms of Service contains the only terms and conditions that apply to our relationship with you.

22.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Mana Service. If part of these Terms of Service cannot be enforced then the remainder of these Terms of Service will still apply to our relationship with you.

22.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

23. Resolving disputes informally

23.1 If you have a dispute with us relating to the Mana Service, in the first instance please contact us at support@mana.ai and attempt to resolve the dispute with us informally.

23.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.

24. Law

24.1 English law will apply to all disputes and the interpretation of these Terms of Service. If we need to apply to court to enforce any part of these Terms of Service against you or resolve any other dispute between us arising from or related to your use of the Mana Service, we will initially seek to do so in the English courts. This does not, however, affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Mana Service heard in the courts of that country.

25. Contact, feedback and complaints

25.1 If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at support@mana.ai.

25.2 We value hearing from our users, and are always interested in learning about ways we can improve the Mana Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.