Terms of Service
Dated: September 21, 2021
THIS APPLICATION LICENSE AGREEMENT (“LICENSE AGREEMENT”) IS THE LEGAL AGREEMENT BETWEEN YOU AND MYNDFULNESS, LLC. (A COMPANY INCORPORATED BY THE LAWS OF WYOMING) WITH RESPECT TO MYNDFULNESS'S PROPRIETARY SOFTWARE APPLICATIONS (“SOFTWARE”).BY CLICKING “Accept” AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, UNINSTALL THE SOFTWARE AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
General
Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Myndfulness grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, and any documentation made available to you by Myndfulness solely for purposes of your personal use of the Services. The Service is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Services, including any and all technology, software, and content. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Services, including any and all technology, software, and content. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Services. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.
The Service has been designed by Myndfulness with the purpose of assisting people to achieve their health goals through healthy lifestyle choices and behavior. We encourage you to consult with your healthcare provider before commencing the Services. You represent that you are in good enough health to begin these Services, which may include changes to your diet or level of physical activity, among other things. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained the express approval from a healthcare professional to receive the Services before beginning. The Service requires your active engagement and participation. You understand that, despite your efforts, individual users' results will vary for a variety of reasons and Myndfulness cannot guarantee that you will achieve your health goals.
IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY THE COMPANY. MYNDFULNESS IS NOT A LICENSED MEDICAL CARE PROVIDER. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICES. SUGGESTIONS FOR NEW HABITS ARE SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR HEALTH COACHES IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE, OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE, OR TREATMENT SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS.
MYNDFULNESS IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES OR ADVICE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
THE MYNDFULNESS SERVICE MAY CONTAIN GENERAL INFORMATION RELATING TO MENTAL WELNESS AS WELL AS VARIOUS OTHER MEDICAL CONDITIONS AND TREATMENTS. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY CONTENT RELATING TO MEDICAL CONDITIONS AND THEIR TREATMENT IS NOT MEANT TO BE A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, OR BY A SOCIAL WORKER, PSYCHOLOGIST OR OTHER MENTAL HEALTH PROVIDER. YOU SHOULD NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BASED ON ANYTHING THAT APPEARS ON THE APP OR WEBSITE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. MYNDFULNESS IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES OR ADVICE, AND THE INFORMATION PROVIDED IS NOT INTENDED TO REPLACE MEDICAL ADVICE OFFERED BY A PHYSICIAN OR OTHER MEDICAL OR HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION CONTAINED HEREIN FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE. YOU SHOULD NOT CONSTRUE ANY CONTENT AS ANY WARRANTY OR RECOMMENDATION OF TREATMENT.
By clicking the “I agree” button or using our service you agree to the following:
Waiver and Release. You agree to release and hold harmless the owners of this application, Myndfulness LLC, and all its representatives, affiliates, and staff (“the organizers” from hereon)from any and all liability for any loss and/or harm that you may sustain during the activity. You agree that if you sustain any loss and/or harm during this program, the organizers are not responsible for providing you with any form of financial assistance (e.g, medical benefits, insurance).
Indemnification: You agree to fully indemnify and hold harmless the organizers to the extent your negligent or intentional acts or omissions during participation in the program cause the organizers to incur any loss, liability, damage, or costs (including reasonable attorney’s fees). You are aware of the risks associated with participating in this activity, which may include, but are not limited to: Physical or Psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and Death. You understand that these injuries or outcomes may arise from your own or other’s negligence, conditions related to travel to and from the activity, physical movement suggestions included in the application, services included in the application or conditions at the activity locations or generally through using the application. Nonetheless, You assume all related risks, both known and unknown to you, of your usage of the app.
You hereby acknowledge that you have carefully read this “WAIVER AND RELEASE” and fully understand that it is a release of liability. You expressly agree to release and discharge the owner of this application, the developers of this application, Myndfulness LLC and all of its representatives, affiliates, members, agents, attorneys, staff, volunteers, heirs, and assigns from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you have to bring a legal action against the owners of this application, the developers of this application, Myndfulness or any of its representatives for personal injury or property damage.
1. Grant of License. Subject to your compliance with the terms and conditions set forth herein, MYNDFULNESS hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software on your mobile device for the sole purpose of accessing, opening and using the capabilities and services enabled via the Software.
2. Restrictions on Use. You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to Any.DO at law or in equity.
3. Title and Ownership. The Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by Myndfulness and/or its licensors and are protected under copyright laws and treaties. All right, title and interest in and to the Software, including all associated intellectual property rights are and shall remain owned solely by Myndfulness and/or its licensors.
4. Third Party Software. Any third party software that may be provided with the Software is included for use at your option. Such third party software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such third party software is provided AS IS. Myndfulness is not liable for any losses or damages which may occur from the use of any third party software.
5. Updates. Myndfulness improves from time to time the Software and may update the Software at its sole discretion, with or without notification. At Myndfulness's sole discretion, Myndfulness may notify you through a patch process, or by email or website posting of such updates or upgrades available for download. Some updates may be optional and some may be mandatory in order to operate the Software. At its sole discretion, Myndfulness may, but is not obligated to, provide email and/or internet-based support with online help.
6. Indemnity You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service.
7. DISCLAIMER: Myndfulness IS NOT A MEDICAL ORGANIZATION. YOU SHOULD NOT CONSIDER THE SERVICE OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND THE SERVICE IS NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION OR MANAGE A CHRONIC DISEASE OR CONDITION. By using the Service, you expressly agree that use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. NEITHER The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Service will be uninterrupted or error-free. Neither The Company nor its Affiliates warrant the accuracy, integrity, or completeness of the content provided on the Service or the products or services offered for sale on the Service. Further, The Company makes no representation that content provided on the Service is applicable to, or appropriate for use in, locations outside of the USA. The Company and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, or fitness for a particular purpose. No oral advice or written information given by The Company or its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
8. Limitation of Liability Except where prohibited by law, in no event will THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT, OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If notwithstanding the other provisions of these Terms of Use, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, THE COMPANY’S AND ITS AFFILIATE’S liability will in no event exceed the amount of fees paid during the preceding 12 month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
9. Governing Law You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of The United States of America without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Wyoming, USA, and waive any objection to such jurisdiction or venue.
10. WAIVER OF TRIAL BY JURY. EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE.
No Waiver:
The failure of the Company to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by The Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.
Severability
The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use, will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.
11. Paid accounts. You’ll be automatically billed from the date you convert to a Premium (Paid) Account and on each renewal period until cancellation. Please note that you’ll be charged tax when we are required to do so, and you are responsible for all applicable taxes. You can cancel your recurring payment at any time. Your Premium (Paid) Account will remain active until cancellation or termination under these Terms. Failing to pay for your Premium (Paid) Account on time might result in loss of access to features you have paid for. We may change the fees in effect at a future date, but we will send advanced notice of any changes to the email address associated with your Myndfulness account.
12. Subscription Cancellations & Refunds Generally, all charges for purchases are nonrefundable and there are no refunds or credits for partially used periods. You can cancel your Myndfulness membership at any time, and you will continue to have access to Myndfulness's service through the end of your billing period. Objections to a payment already made or Cancellation requests should be directed to support@myndfulness.com if you made your Subscription purchase via the Site. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
13. Pricing Myndfulness reserves the right to change its pricing terms for Subscriptions at any time and Myndfulness will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Myndfulness’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Manage My Account”
14. Compliance with Law. This Software is intended for use only in compliance with applicable laws and only with properly licensed media and content. You undertake to use the Software in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
15. Changes to Software or License Agreement. Myndfulness may modify, suspend, or discontinue any aspect of the Software at any time. Myndfulness reserves the right to modify the terms of this License Agreement, whereby material changes will be disclosed to you through a patch process or through website posting. Except for changes to this License Agreement that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your acceptance of any such changes.
16. Warranty Disclaimer. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Myndfulness DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
17. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL Myndfulness OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MYNDFULNESS'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO MYNDFULNESS FOR USE OF THE SOFTWARE, EVEN IF MYNDFULNESS HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
18. Immediate Termination. Without prejudice to any other rights, this Agreement and your right to use this Software automatically terminates if you fail to comply with any provision of this License Agreement. Myndfulness may terminate this License Agreement at any time with or without prior notice. You may terminate this license at any time by stopping your use thereof and un-installing the Software.
For users of Myndfulness for iOS:
1. Payment will be charged to iTunes Account at confirmation of purchase
2. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
3. Account will be charged for renewal within 24-hours prior to the end of the current period
4. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
For users of Myndfulness for Google Play:
1. Payment will be charged to Google Play Account at confirmation of purchase
2. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
3. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
Miscalleneous
This License Agreement shall constitute the complete and exclusive agreement between us. MYNDFULNESS'S ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this License Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License Agreement shall be construed and governed in accordance with the laws of Wyoming (regardless of its conflict of law provisions) and the competent courts in Wyoming shall have exclusive jurisdiction over any dispute arising out of or related to this License Agreement. Failure of MYNDFULNESS to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
