Terms of Service

1. Introduction

1.1 This Agreement governs the entire relationship between you, the Client and the Company, and sets out the General Terms and Conditions.

1.2 Before the Distance contract is concluded, the Company will provide the Client with the text of this Agreement electronically or in other durable format. If this is not reasonably possible, the Company will indicate, before the Distance contract is concluded, in what way this Agreement is available for the Client’s review at the Company’s premises and that they will be sent free of charge to the Client, as soon as possible, at the Client’s request.

1.3 The Client is required to carefully read this Agreement before accepting it and using the Company’s services. By using the services, the Client acknowledges that they have read, understood, and agreed to be bound by this Agreement. It’s important to note that this

1.4 Agreement contains a mandatory arbitration provision which requires the use of arbitration on an individual basis to resolve disputes, as further detailed in Section 17 below. This provision precludes the use of jury trials or any other court proceedings or class actions of any kind.

2. Definitions

2.1 This Agreement defines the terms used throughout the Agreement, including the introductory part, and the capitalized terms will have the following meanings:

Agreement refers to the Agreement for providing Services online between the Company and the Client.

Client refers to the user of the Company’s Services, as explained in this Agreement.

Company refers to RL Greenway LLC, office address at 8 The Green, Dover, Delaware 19901, United States, email hello@dearmelodies.com. They are responsible for the Services provided via the Website and any other channels through which the Services are offered. Payments may be handled via multiple companies based on the payment method chosen by the Client.

Offer refers to the offer provided by the Company to the Client through the Website or Mobile app to enter into this Agreement.

Privacy Policy refers to the privacy policy of the Company published on the Website or Mobile app.

Services refers to the Digital content provided by the Company to the Client, as well as the accessibility to the Website or Progressive Web App, including information, text, and images offered or provided there. All Services provided by the Company are for entertainment purposes only.

Digital content refers to individual digital content sold from time to time online by the Company.

Distance contract refers to the contract concluded between the Company and the Client within the framework of a system organized for the distance sale of Digital content. The Company emphasizes that all Services are provided in digital form only and for that matter the Services shall be considered as fully and finally provided to the Client from the moment when a particular digital content becomes available for use by the Client.

Website refers to the Company’s website available at www.dearmelodies.com

Mobile app refers to the Company’s mobile application that can be downloaded by the Client from App Store and/or Google Play.

Important Disclaimers

WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.

NOT ALL INFORMATION DESCRIBED IN THE APP ARE SUITABLE FOR EVERYONE. THE SERVICE IS INTENDED ONLY AS A TOOL WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL LIFESTYLE GOALS. YOU ACKNOWLEDGE THAT IF YOUR ACTIVITIES ENCOURAGED OR INSPIRED BY THE SERVICE INVOLVE ANY RISKS, YOU ASSUME THOSE RISKS AND UNDERSTAND AND AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.

INFORMATION PROVIDED THROUGH OUR SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL OR PSYCHIATRIC ADVICE, DIAGNOSIS, OR TREATMENT, OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE. YOUR RELIANCE ON THE INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY THE SERVICE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.

3. Submission of the Offer

3.1 The Company will offer the Client the opportunity to receive a quote for their desired services. The Client must provide accurate and complete information in the provided options or by typing the requested details.

3.2 After submitting the necessary information, the Company will provide the Client with a quote that includes the payment amount for the requested services, payment options (e.g., credit card), and any additional information deemed relevant by the Company.

3.3 The Client can accept the quote by checking the box indicating agreement to the Terms & Conditions and pressing the “Submit Secure Payment” button. This acceptance will constitute the formation of a distance contract.

4. Distance Contract

4.1 The Distance Contract between the Client and the Company is formed when the Client accepts the Offer as detailed in the Submission of the Offer paragraph 4.

4.2 Upon electronic acceptance of the Offer, the Company will confirm receipt of the acceptance electronically and deliver any purchased Digital content to the Client’s provided email address or on the Mobile app.

4.3 The Client agrees to waive their right of withdrawal in the event that the Agreement consists of Digital content that is not supplied on a tangible medium.

4.4 While the Company makes reasonable efforts to ensure that the Services operate properly, the Client acknowledges that interruptions, errors, and other failures may occur due to factors outside of the Company’s control. The Client agrees that they assume all risks associated with the use or download of the Services.

4.5 The Company reserves the right to modify or discontinue any aspect of the Services without prior notice and without any liability to the Client.

4.6 Additionally, the Client agrees not to access the Services if they are under the age of 18 and to deny access to minors under the age of 18, accepting full responsibility for any unauthorized use of the Services by minors.

4.7 The Company shall not be held responsible for any damages resulting from completion or assessment of the tests and/or quizzes. The Client acknowledges that test and/or quiz results are for entertainment only and a different result can be obtained in different tests and/or quizzes.

5. Payments

5.1 The Offer sets the price for the Services during the indicated period of validity, with the exception of any changes in VAT-tariffs.

5.2 The Client agrees to cover all additional costs, fees, charges, taxes and expenses that may arise from their use of the Services, purchase the Services with a valid credit card or another authorized payment method, and provide accurate, complete and up-to-date information. If information is not current, inaccurate, or incomplete, the Company may suspend the Service and the Client forfeits any right to a refund.

5.3 After being transferred to a third-party payment service provider, the Client assumes the risk of loss or damage. The Company shall not be liable for any payment issues or disputes that arise due to third-party payment services.

5.4 All prices and fees are in US Dollars unless otherwise indicated.

5.5 The applicable price is the one set at the time the order is placed. Payment fees are recognized before purchase confirmation. If the Client is under 18 years old, they must obtain permission from their parents or legal guardians to make a purchase.

5.6 All transfers conducted through the Company are handled and transacted through third-party dedicated gateways to ensure protection. Card information is not stored and is handled through SSL encryption.

5.7 RL Greenway LLC, with an office address at 8 The Green, Dover, Delaware 19901, processes your payments. Contact hello@dearmelodies.com for a refund, a complaint, or questions about your subscription.

5.8 To ensure uninterrupted Services, the Services may be offered on automatic renewal. Unless canceled by the Client, the applicable service will be automatically renewed for a renewal period equal to the most recent service period, at the then-current non-promotional subscription rate, with payment taken from the payment method associated with the Service in the Client’s account.

5.9 The Client may cancel their subscription, including any automatic renewals, at any time by sending a cancellation request to hello@dearmelodies.com from the email address associated with their account. Upon receipt of the cancellation request, the Company will process the cancellation within a reasonable time, and the Client will continue to have access to the Services until the end of the then-current billing period.

6. Refund Policy

The Company offers digital intellectual property that is disclosed upon purchase, and generally follows a no-refund policy. However, there are certain circumstances where a refund may be granted.

6.1 Cancellation: Customers may cancel their subscription at any time by emailing a clear cancellation request to hello@dearmelodies.com from the email address associated with their account. After cancellation, customers will continue to have access to the Services until the end of the then-current billing period, after which no further subscription fees will be charged.

6.2 Money-Back Guarantee: You may be eligible for a refund if you did not get the expected results with our Challenge and all specified conditions are met, including contacting us within 30 days, following the Challenge for at least 7 consecutive days, and demonstrating completion as requested.

6.3 Refunds will not be issued if the customer fails to follow the Money-Back guarantee procedure or simply changes their mind for non-technical reasons.

6.4 For EU/UK residents, statutory withdrawal rights for digital content may apply as described, unless performance has begun with express consent.

7. Intellectual Property Rights

7.1 The Company retains all intellectual property rights related to the Services and content.

7.2 Services and Digital Content may not be reproduced or distributed without prior written consent.

7.3 The Client grants the Company a broad license to use User Content, as detailed in the full Agreement.

7.4 This Agreement does not transfer intellectual property rights except as expressly stated in Section 8.1.

8. Use of Digital Content

8.1 Ownership of all intellectual property rights related to Digital content belongs to the Company. The Client is granted a limited, non-exclusive, non-transferable, and revocable license for personal, non-commercial use.

8.2 The license term will last for five years from delivery, unless terminated earlier.

8.3 Digital content may only be used for personal, non-commercial purposes.

8.4 The Client shall not modify, duplicate, transmit, or loan the digital content beyond the scope of the license.

8.5 The Company may limit devices or impose other restrictions.

8.6 Breach of this section may result in suspension and claims for damages.

9. Prohibition of Digital Content Sale

9.1 The Client is strictly prohibited from selling, sharing, renting, or lending Digital content or copies thereof.

10. Privacy Policy

10.1 Processing of personal data is subject to the Privacy Policy. Clients should print and retain both the Privacy Policy and this Agreement.

11. Indemnification

11.1 The Client shall indemnify and hold the Company and its affiliates harmless from any claims arising from the Client’s breach of this Agreement or misuse of the Services.

12. Liability

12.1 Information provided may not be appropriate or satisfactory; the Client must verify all information before relying on it.

12.2 The Company shall not be liable for any damages arising out of or in connection with use of the Services, subject to the limitations described in this section.

12.3 The Company is not liable for force majeure events beyond its control.

13. Medical Disclaimer

13.1 The Client is advised to consult with a healthcare provider before using the Services. The Company is not a medical organization and does not provide medical advice.

14. Validity and Termination

14.1 This Agreement becomes effective once the Client accepts it and remains in effect until terminated as outlined herein.

15. Changes to Agreement

15.1 The Company may modify this Agreement and related policies, with changes effective upon posting.

16. Communication

16.1 The Company primarily communicates via email and may also publish information on the Website or Mobile app.

17. Dispute Resolution

17.1 This Agreement is governed by the laws of Texas. Most disputes must be resolved by binding individual arbitration, as detailed in this section.

18. Other

18.1 This Agreement grants no rights to any person other than the Client.

18.5 By accessing or using the Services, the Client acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.