TERMS OF SERVICE
PRIVACY POLICY
COOKIE POLICY
Effective Date: 01/01/2025
Last Updated: 01/01/2025
This document contains:
A) Terms of Service (including Digital Content terms for EU/EEA/UK and general US terms)
B) Privacy Policy (GDPR + UK GDPR + US State privacy disclosure with CPRA/CCPA notice elements)
C) Cookie Policy (EU ePrivacy/GDPR + GPC support notice)
Company / Service Provider (the “Company”, “we”, “us”): Avigram
Website: avigram.me (the “Service”)
Contact: contact@avigram.me
IMPORTANT: AVIGRAM PROVIDES WELL-BEING CONTENT ONLY. IT IS NOT MEDICAL OR MENTAL HEALTH CARE, DOES NOT DIAGNOSE, TREAT, OR PREVENT DISEASE, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HELP. IF YOU ARE IN CRISIS OR THINK YOU MAY HARM YOURSELF OR OTHERS, CONTACT LOCAL EMERGENCY SERVICES IMMEDIATELY.
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A) TERMS OF SERVICE
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1) Acceptance of Terms
By accessing or using the Service, or purchasing, accessing, or downloading Digital Content, you agree to these Terms. If you do not agree, do not use the Service.
2) Eligibility
You must be at least 18 years old (or the age of majority where you live) to make a purchase. If you are under 18, you may use the Service only with the involvement and consent of a parent/guardian.
3) What We Sell (Digital Content)
We offer downloadable or otherwise digitally delivered audio and related digital materials (“Digital Content”), including short sessions (“Light”) and longer sessions (“Deep”), and any future packs, bundles, or libraries.
4) Accounts (if enabled)
If the Service allows accounts, you are responsible for safeguarding your login credentials and for all activity under your account.
5) Orders, Pricing, Taxes, Payments
5.1 Prices/Currency. Prices are shown at checkout in the currency presented there (which may vary based on your location and settings).
5.2 Taxes. Taxes (including VAT/sales tax) may apply depending on your location and applicable law, and will be shown at checkout where required.
5.3 Payments. Payments are processed by third-party providers. We do not store full card numbers on our servers. Checkout is provided via Lemon Squeezy, which uses Stripe for payment processing.
5.4 Discounts/Promotions. Discount codes and promotions may be limited and must be used as stated at the time of offer.
6) Delivery / Access
6.1 Digital Content is delivered via one or more of the following:
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a download link displayed after purchase,
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an email containing a download link,
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access via your account/library (if enabled).
6.2 Delivery is typically immediate after successful payment.
6.3 You are responsible for having a compatible device, software, and internet connection.
7) Refunds / Returns (Digital Content)
7.1 General rule (Digital Content). Because Digital Content is delivered immediately and cannot be “returned” in the traditional sense, purchases are generally non-refundable once delivery/access has begun, except where required by law (see EU/EEA/UK section below) or where we choose to grant a goodwill refund in our sole discretion.
7.2 Technical issues. If you cannot access your purchase due to a technical problem attributable to us, contact contact@avigram.me. We will work with you to provide access, replacement files, or an appropriate remedy.
8) EU/EEA/UK Consumer Rights — Right of Withdrawal & Digital Content
8.1 If you are a consumer in the EU/EEA/UK, you may have a statutory 14-day right of withdrawal for distance contracts, unless an exception applies.
8.2 Digital Content exception (immediate performance). When Digital Content is not supplied on a tangible medium and delivery/performance begins immediately, your right of withdrawal may be lost if:
(a) you give prior express consent to begin delivery before the withdrawal period ends, and
(b) you acknowledge that you thereby lose your right of withdrawal.
8.3 At checkout, we may ask you to confirm (a) and (b) where required.
8.4 Conformity / statutory remedies. If the Digital Content is defective, not supplied, or not as described, you may have statutory remedies depending on applicable national law.
9) License & Permitted Use
9.1 We grant you a limited, non-exclusive, non-transferable, revocable license to use the Digital Content for your personal, non-commercial use.
9.2 You may not:
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resell, redistribute, publicly perform, or publicly share Digital Content,
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upload it to file-sharing services,
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remove copyright notices,
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create derivative works for commercial distribution,
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use it to train AI models (unless we explicitly permit this in writing).
10) Intellectual Property
All rights, title, and interest in the Service and Digital Content (including audio, text, branding, and design) belong to the Company or its licensors.
11) User Content (if enabled)
If we enable reviews, comments, or submissions, you agree not to post illegal, harmful, or infringing content. You grant us a license to display and distribute your submissions as needed to operate the Service.
12) Prohibited Uses
You may not use the Service to:
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violate laws,
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infringe intellectual property,
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attempt unauthorized access, scraping, or disruption,
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transmit malware or harmful code,
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harass or abuse others.
13) Health & Safety Disclaimer
13.1 The Service is for general well-being and educational purposes only.
13.2 Not medical advice. Do not disregard medical advice because of the Service.
13.3 You are responsible for your own decisions and well-being.
14) Disclaimer of Warranties
THE SERVICE AND DIGITAL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY. IN ANY CASE, OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE DIGITAL CONTENT GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT, OR USD/EUR 100 (OR THE EQUIVALENT IN YOUR CHECKOUT CURRENCY), WHICHEVER IS GREATER, UNLESS LAW REQUIRES OTHERWISE.
16) Indemnity
You agree to indemnify and hold us harmless from claims arising out of your misuse of the Service or violation of these Terms.
17) Termination
We may suspend or terminate access if you violate these Terms. Your license to Digital Content terminates if you breach the license restrictions.
18) Changes to the Service or Terms
We may update the Service or these Terms. The “Last Updated” date will change. Continued use means acceptance of updated Terms.
19) Governing Law & Venue
19.1 Consumers: mandatory consumer laws of your country may apply.
19.2 Otherwise: these Terms are governed by the laws of the jurisdiction where the Company is established, excluding conflict-of-laws rules, and courts located in the Company’s principal place of business will have jurisdiction, unless law requires otherwise.
20) Contact
Support / Legal / Privacy: contact@avigram.me
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B) PRIVACY POLICY
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1) Who We Are (Data Controller)
For GDPR/UK GDPR purposes, the Company is the “Controller” of your personal data.
2) Scope
This Privacy Policy explains how we collect, use, disclose, and protect personal information when you:
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visit the Service,
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purchase Digital Content,
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download or access Digital Content,
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contact support,
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subscribe to marketing communications/newsletters.
3) Personal Information We Collect
We collect (depending on your interaction):
A. Identifiers & Contact Data
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name (if provided), email address, country/region; billing details if required for receipts/tax.
B. Transaction & Commercial Data
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purchase history, product identifiers, payment status, invoices/receipts.
Note: payment card details are processed by Lemon Squeezy/Stripe; we generally receive limited payment confirmation/transaction metadata.
C. Device, Usage & Log Data
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IP address, browser type, device identifiers, OS, pages viewed, timestamps, referring URLs, approximate location (derived from IP), error logs.
D. Communications
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messages you send to us (support emails, inquiries) and related metadata.
E. Marketing Preferences & Newsletter Data
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subscription status, consent records (where required), and basic engagement data (e.g., opens/clicks) where available.
F. Sensitive Data
We do not intentionally collect “special category” data under GDPR or “Sensitive Personal Information” under certain US laws. Please do not submit sensitive health information through the Service.
4) Sources of Personal Information
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directly from you (checkout, emails, forms),
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automatically via cookies/analytics (see Cookie Policy),
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from payment providers (transaction confirmation),
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from service providers (e.g., email delivery, fraud prevention).
5) Why We Use Personal Information (Purposes)
We use personal information to:
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provide and operate the Service,
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process orders, deliver Digital Content, and provide customer support,
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send transactional messages (receipts, download links, service notices),
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prevent fraud, abuse, or security incidents,
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comply with legal obligations (tax/accounting),
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analyze and improve the Service (Google Analytics),
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measure advertising performance and attribution (Meta Pixel), where enabled,
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send marketing communications/newsletters if you subscribe (unsubscribe anytime).
6) Legal Bases (GDPR/UK GDPR)
If GDPR/UK GDPR applies, we rely on:
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Contract necessity (deliver Digital Content, provide support),
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Legitimate interests (security, fraud prevention, service improvement),
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Consent (non-essential cookies; marketing emails where required),
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Legal obligation (tax, accounting, compliance).
7) How We Share Personal Information
We share personal information with:
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Payment/checkout providers (Lemon Squeezy, Stripe) to process payments and prevent fraud,
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Hosting/platform providers (Wix) to run the website,
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Analytics providers (Google Analytics), if enabled,
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Advertising/measurement partners (Meta Pixel), if enabled,
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Email/newsletter providers (to send newsletters and manage subscriptions),
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professional advisors (legal/accounting),
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authorities when required by law.
We require service providers to process data only as necessary to provide services to us.
8) “Sale”, “Sharing”, Targeted Advertising (US disclosures)
8.1 We do not sell personal information for money.
8.2 We may “share” certain identifiers/device data with advertising partners for cross-context behavioral advertising if you enable marketing cookies/trackers (e.g., Meta Pixel) and where allowed by law.
8.3 You can opt out of such sharing/targeted advertising via:
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our cookie consent/settings tools, and
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Global Privacy Control (GPC) signals where applicable (see Cookie Policy).
9) Retention
We retain personal information only as long as necessary for:
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providing the Service and fulfilling transactions,
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legal/accounting obligations,
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resolving disputes and enforcing agreements,
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security and fraud prevention.
Typical examples (may vary by law and business needs):
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transaction records: retained as required by applicable tax/accounting laws,
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support communications: retained as needed to resolve issues and maintain service history,
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analytics data: retained per analytics configuration/settings,
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marketing lists: until you unsubscribe or withdraw consent (and as needed to maintain suppression lists).
10) International Transfers (EEA/UK)
If you are in the EEA/UK, your data may be processed outside your country by our providers. Where required, we use appropriate safeguards such as Standard Contractual Clauses or other lawful mechanisms.
11) Your Rights (EEA/UK — GDPR/UK GDPR)
You may have the right to:
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access, correct, delete, restrict, object, portability, withdraw consent, and lodge a complaint with a supervisory authority.
12) US State Privacy Rights (General)
Depending on your state, you may have rights to:
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access/know, delete, correct, opt out of targeted advertising/sale/sharing (as defined), and appeal certain decisions (in some states).
13) California Notice (CPRA/CCPA — key elements)
If you are a California resident:
13.1 Categories collected (examples):
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Identifiers (email, IP, online identifiers)
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Commercial information (purchase history)
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Internet/network activity (usage data)
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Approximate geolocation (derived from IP)
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Inferences (limited, e.g., product preferences)
13.2 Purposes: provide and improve the Service; process transactions; security/fraud; support; legal compliance; marketing/measurement where permitted.
13.3 Retention: see Section 9.
13.4 Sale/Sharing: we do not sell for money; we may share for targeted advertising depending on cookie choices (Section 8).
13.5 Exercising CA rights & GPC: email contact@avigram.me with subject “California Privacy Request”. We honor valid GPC signals as an opt-out of sale/sharing where applicable.
14) How to Exercise Your Rights
Email contact@avigram.me. We may need to verify your identity (e.g., via the email used for purchase/subscription). You may authorize an agent where allowed.
15) Security
We use reasonable administrative, technical, and organizational measures to protect data. No method is 100% secure.
16) Children
The Service is not intended for children under 13 (US) or under 16 (EEA) without parental consent, as applicable. If you believe a child provided data, contact us.
17) Changes
We may update this Privacy Policy. We will post the updated version with a new “Last Updated” date.
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C) COOKIE POLICY
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1) What Cookies/Trackers Are
Cookies are small text files stored on your device. We may also use similar technologies (local storage, pixels, tags) (“Trackers”), including Google Analytics and Meta Pixel where enabled.
2) Why We Use Cookies/Trackers
We use cookies/trackers for:
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strictly necessary functions (security, load balancing, checkout),
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preferences (language, settings),
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analytics (traffic measurement and performance),
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marketing (ad measurement and remarketing), if enabled.
3) EU/EEA/UK — Consent Approach
If you are in the EU/EEA/UK, we request consent for non-essential cookies/trackers (analytics/marketing) and allow you to reject them. Strictly necessary cookies do not require consent.
4) US — Opt-out Approach + California GPC
In the US, we provide choices via cookie settings and honor applicable opt-out rights. We also support Global Privacy Control (GPC) signals where applicable as an opt-out of sale/sharing/targeted advertising.
5) Cookie Categories (examples)
A. Strictly Necessary
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security, fraud prevention, checkout/session integrity.
B. Functional/Preferences
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language, saved cookie banner choices.
C. Analytics (optional)
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site usage measurement and improvements (Google Analytics).
D. Marketing (optional)
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ad measurement and remarketing (Meta Pixel), where enabled.
6) Manage Cookies
You can:
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use our cookie banner and any available “Cookie Settings” controls,
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adjust browser settings (may affect functionality),
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enable Global Privacy Control (where supported) to communicate opt-out signals.
7) Cookie List
We may provide a cookie list/table (name, provider, purpose, category, duration) within cookie settings or on request.
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