Welcome, these are the applicable Terms and Conditions of Service (hereinafter, the “Terms”) for the mobile application known as “Envol”, available at select app stores (the “App”) and for www.envol.app (the “Site”). The App and such content, products, services and the Site are hereinafter referred to as ''Services’'. This is a legal engagement which sets out the terms and conditions by which Envol B.V. (hereinafter referred to as “Envol”) will provide services to you or to the legal entity you represent ‘you’, ‘your’, and/or ‘yourself’.
By accessing our Services, you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations.
By using our Services, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction; (b) agree to all of the terms and conditions stated herein; (c)have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.
You hereby acknowledge and covenant to abide by and comply with any applicable federal, state and local rules and regulations applicable to your use of our services. If you do not agree with any of these Terms, you are thereby prohibited from using or accessing the Services.
The Services’ accessibility to the user is provided for the user’s individual benefit. If you are using our Services in representation of a corporate third party, you hereby represent and warrant that you have the necessary power and authority in order to execute this agreement.
In order to use the functionalities and services provided, you will need to register for an account with us, thereby disclosing certain proprietary information, along with person all identifiable information.
Envol provides, operates and manages an online platform with functionalities that include, but are not limited to:
Overall, the App focuses on connecting back to the nourishments that the world offers us, building blocks of a healthy mind and body, along with the right activity levels that we can do to feel better. Envol gives hope and motivation to people, empowering them to lead a healthier life.
The main goal of the App is to track the nourishments you give your body (e.g., healthy food, oxygen, sunlight, earth and love) and the activities (e.g., physical movement, mental rest and sleep).
Every morning/day, the user will be able to fill in his/her scores (from the day before) on those nourishments/activities and a daily score will be calculated by the App, in which the user can see if he/she is on the right track. These scores will be stored on our cloud platform, and as such our users will be able to check their progress on each of the score components in the ‘Progress’ tab.
The App also offers a ‘Toolbox’ in which users can listen to meditations, motivational music or they can use the affirmations or heart coherence tool.
Lastly, the dashboard of the App provides a ‘Daily motivational Quote’ through which the users will receive every day.
We may also offer other products and services which can be accessed via our App or Site from time to time.
In order to use part of our Services, you must create an account, including all mandatory fields on the registration form.
You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential and to promptly notify us of any breach or unauthorized use of your account.
Envol does not generally provide its Services to persons under the age of eighteen (18).
Users under the age of eighteen (18) may register an account with us, and in such case, they will need the express, unequivocal consent of their legal guardians. Accordingly, we reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion.
Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.
If you have any questions or complaints regarding the App or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly assess your concerns.
Please keep in mind that you need specific computer equipment, Internet connection, on-site power and network infrastructure in order to connect to, use and access our Services, for which we are not responsible.
Some of our Services are offered as a recurrent subscription, and others will be available via a free trial version. The free version has, however, limited functionalities:
To unlock all functions of the App, the user will need to select the paid subscription version. You can elect to upgrade, downgrade or cancel your subscription at any time, by accessing your account and following the necessary steps.
Once the subscription period is over, the subscription model chosen by the users at the time of registration may be renewed by the user in order to access all the features of the App. In such case, the App will indicate the applicable payment options (e.g., monthly, annual or lifetime).
Your paid account will apply the paid funds to each selected option, or it may also apply the balance as Service credits which may be used in future purchases before the end of the then-current balance period.
If you have a problem with your payment or subscription, please contact us as soon as possible. We offer a fourteen (14) day guarantee for services that result inaccessible, erroneous or technically not functional.
Please include a description of the issue, including the reason for your request, your name, address, account information and payment details.
We rely on authorized third-party payment processors in order to bill you through a payment account linked to you, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account.
Accordingly, Envol shall not beheld responsible for any and all errors, fees and currency conversion fees by our payment processors, and you should review its terms and policies from time to time, which will govern the provision of services to you.
You must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancellable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, we will promptly send you a notification requesting payment to us of any and all amounts due. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you.
You can be assessed chargebacks for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii)transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Envol for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Envol as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us. If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus, you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
As our user, you agree not to undertake, motivate, or facilitate the use or access of the App or the Services in order to:
Envol encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.
Our Services may display interactive discussion forums, bullet in boards, review services or other types of public forums in which you may post user generated content (e.g., reviews, messages, videos, selfies, posts and other content).
The Internet is not an anonymous means of communications; thus, we cannot guarantee the confidentiality of any content that you provide to us via the Services. Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user generated content that you share with us will result in such content being made publicly available for users of our Services and other third-party websites, including search engines and social media sites. Not all content can be marked as private.
You acknowledge and agree that we may report any activity that we believe may violate any law-to-law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Envol and our Services.
We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers. We also reserve the right (but not the obligation) to delete items, products, services and user generated content that would be interpreted or considered offensive or spam.
These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications that otherwise are in conflict with, Google’s or Apple’s app stores terms of service.
Envol, and not any such third-party app store provider, shall be solely responsible for the App and any and all content there of. Envol is solely responsible for the App, the Services and the content thereof.
Envol is solely responsible for providing any maintenance and support services with respect to the App, and neither Apple nor Google have any obligation to furnish any maintenance and support services thereof.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price for the App only (if any); and, to the maximum extent permitted by applicable law, neither Apple nor Google will have other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will Envol’s responsibility.
You hereby acknowledge and agree that Apple and Google (and their affiliates), are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries thereof.
Envol encourages you to report violations of our guidelines and Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law-to-law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the App or our Services.
The App may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication.
Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
Limited License. Envol grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access the Services and any sold products, reports, brochures, papers, thesis, insights, texts, documents and multimedia resources (the “Content”). You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Content, in whole or in part. Envol does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to commercially exploit, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Content, in whole or in part.
User Generated Content License. Our users who submit Content to our App hereby grant to Envol an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories worldwide, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute; any content (e.g. test, data, tables, contact files, audio, video, logos, images, original audio file, text) you may upload, disseminate, deliver, create, transfer or otherwise any content delivered to Envol via the Services. You represent and warrant to Envol that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Envol as set forth herein.
Feedback License. You hereby grant Envol an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories worldwide, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Envol regarding the App and Services.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Content, App and the Services are the property of or otherwise are licensed to Envol and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the App or our Services, in whole or in part.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted Content in the App and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
From time to time, our App and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.
We may place ads and promotions from third-party sources in the App. Accordingly, your participation or undertakings in promotions of third-parties other than Envol, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. Envol is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the App.
We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
The term hereof shall begin on the date that comes first among: (i) first access to the App;(ii) your first access or execution of any of our Services; or (iii) Envol begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services;(iii) Envol’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Envol to you from time to time; or (v) Envol’s decision to make the App or the Services no longer available for use, at its sole and final discretion.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Envol shall make all commercially reasonable efforts to ensure that any interface or integration from a third-party provider or system as part of the Services operates correctly. Notwithstanding, you acknowledge that the successful operation of any interface or integration is dependent upon the technical set up of said third party systems, such as AWS. Accordingly, you agree that: (i) Envol cannot be held liable for any failures in the operation of the interface or integration resulting from acts or omissions by you or the third party; (ii) Envol shall have no liability or obligation whatsoever to you in relation to the Content on or use of, or correspondence with any third-party website or service made available via the Services. If an issue arises with regard to the effective operation of an interface or integration to a third-party provider or system, Envol will use its commercially reasonable efforts to resolve the issue.
The images, texts, posts, information, photographs and other content and media displayed on or through the App, the Content and our Services are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the App are licensed and/or purchased stock photos and are only shown for illustration purposes. Some or all of the Content delivered, displayed and provided via the App is licensed by external third parties, and does not reflect Envol’s opinions, nor do Envol, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
You acknowledge and agree that Envol shall not always be required to actively monitor nor exercise any editorial control whatsoever over the content of any material or information created, obtained or accessible through the Services or App. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Envol reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the App, the Content, and the Services, at any time and without notice. Any changes will be displayed on the App, and we may also notify you by email. As a general rule, we will try to not diminish the functionalities available to your Service tier, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms.
Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update either by an account registration or simple use – thereby indicates your acceptance thereof.
The ideas and algorithms behind the App and Services are based on personal experiences and scientific research. All the nourishments and activities and their effect on the human body can be linked back to scientific research. Notwithstanding, neither Envol nor its affiliates are health, medical and/or fitness professionals, their advice (if any) is not meant as a substitute for medical advice or healthcare treatments usually implemented by health institutions certified by government organizations; that no doctor-patient relationship arises between you and Envol, and nothing on this App or our Services should be misconstrued to mean otherwise.
None of the contact details, telephones, emails, content, text, audio, video, information, metrics, data, notifications, Content or recommendations from Envol (if any) should be performed or otherwise undertaken without previous clearance from a physician or healthcare provider. Our Services and Content are not a substitute for the advice of a medical professional or doctor, and the information made available on or through the Content or the Services should not be relied upon when making personal medical decisions, or to diagnose or treat a medical or health condition. Accordingly, you bear sole responsibility for your own personal health decisions.
Envol does not own, manage and/or control any healthcare services company, nor does it engage into the legal, managerial, logistical, safety or regulatory activities necessary for any type of health, medicine, infirmary, health professional or medical profession planning, organization or execution. Henceforth, ’s responsibilities are limited to providing a platform for the promotion of Envol’s Services and Content. We are not responsible for any personal health sessions, appointments or reviews, whether they are undertaking or not, whether they take place or not, whether they have any medical, technical or legal merit, or if they satisfy the personal needs of you or any person.
Neither Envol nor its affiliates, agents, representatives, employees or officers are responsible for any injuries or health problems which you or any person may experience, or even death, as a result of implementing any Content, text, audio, video, information, metrics, data, notifications, measurements or recommendations via Envol’s customers own professional services or even through our Services or App. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
To the fullest extent permissible under applicable law, the App, the Content and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Please take note that you will need an Internet connection in order to use the Services, along with a mobile device operated by you, with the minimum technical specifications required to run the App.
Envol, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.
In no event shall Envol, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the App or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Envol, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
If a user suffers loss or damage as a result of Envol’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous three (3) months or the amount of direct loss or damage suffered by the customer, whichever is less.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You shall indemnify, hold harmless, and defend Envol, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Envol’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Envol’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Envol); and/or (ii) any third party claim arising out of or in relation to Envol or use thereof in combination with your business platform, including without limitation, any claim that Envol violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Envol’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Enitre Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by both parties.
Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, Envol will be irreparably damaged, and therefore you agree that Envol shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Force Majeure. Envol shall not be liable for any failure of performance on its obligations asset forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
No Waiver. Failure by Envol to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Envol are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
If you have any questions or comments about us, our App, Services, our Content and/or these Terms, please contact us at:
Rotterdam, South-Holland, Netherlands
Weena 690, 3012CN
Date of last effective update is 23 June, 2021.