Terms of Service Agreement
MYNDY's products and services are provided by MYNDY Co., a Delaware corporation, doing business as MYNDY (“MYNDY,” “we,” “our” or “us”). These Terms of Service (“Terms”) are a legally binding contract and govern your access to and use of MYNDY’s website, software application and other products and services (collectively, “Services”). It is important that you carefully read and understand these Terms. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Services.
These terms provide important information, including our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and MYNDY by binding individual arbitration. By using the Services, you agree to be bound by these Terms. You may not access or use the Services or accept these Terms if you are not at least 13 years old (and, if between 13 and 18, you agree that you are using the Services with the full consent and supervision of your parent or legal guardian, who also agrees to the entirety of these Terms). If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.
IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. THE SERVICES PROVIDED BY MYNDY DO NOT CONTAIN MEDICAL ADVICE.
Use of Our Services
MYNDY does not provide Medical Advice. MYNDY provides programs, services and products that help with the practice of mental fitness. These programs, services and products may include content, workshops, prompts, breathwork, and other exercises that fit into your daily routine to help you improve your mindset. All content or advice discussed or shared including: programming, classes, verbal commentary, text, images, audio, or other formats were created for informational purposes only. These sessions and content are not and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Reliance on any information provided by us is solely at your own risk. MYNDY IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR MENTAL HEALTH CARE, DOES NOT PROVIDE MEDICAL SERVICES OR MENTAL HEALTH TREATMENT, AND IS NOT A HEALTH CARE PROVIDER. WE SOLELY ACT AS A TECHNOLOGY PLATFORM. MYNDY does not provide any medical advice, diagnosis, or treatment suggestions. This is the responsibility of your Clinician. USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. Emergency and urgent questions and situations should be directed immediately by telephone or in-person to qualified professionals (e.g., in the United States, call 911 and/or visit an urgent care center).
When using particular Services, you are subject to any guidelines, rules and/or additional terms and conditions applicable to those Services, as may be posted on the Services from time to time. All such guidelines, rules and/or additional terms and conditions are hereby incorporated by reference into these Terms of Service. To the extent of any inconsistency between any provision of these Terms of Service and any other guidelines, rules and/or additional terms and conditions posted on the Services from time to time, the provision(s) of these Terms of Service shall control.
Changes to these Terms or the Services
We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.
Registration and Your Account
(a) You may sign up as a registered user of MYNDY (a “Member”). To become a Member, you will need to submit your first name, last name, email address, phone number and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account.
(b) In the course of your use, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
(c) By registering for a MYNDY account, you warrant that:
(i) You are legally capable of entering into binding contracts;
(ii) All registration information you submit is truthful and accurate;
(iii) You will maintain the accuracy of such information; and (iv) Your use of the Services does not violate any applicable law or regulation.
Billing and Payments
For our Members, your personal training programs will be billed as they occur. You can choose to stop receiving MYNDY services at any time and you will not be billed further. Any training plans that you purchase are billed at the time of purchase.
For all our Members, if you purchase any Services including MYNDY-provided programs or subscriptions, you agree to pay all applicable fees and taxes. All our Services are non-transferable, unless we specifically communicate otherwise at the time of purchase.
By providing your payment information to our third-party payment processor, Stripe, (or in some cases Venmo or Zelle) you represent and warrant that you are legally authorized to provide such information and that you are legally authorized to initiate payments using such information.
Payments for Services are not refundable under any circumstances, including but not limited to the termination of a Subscription for whatever reason, unless we specifically communicate otherwise at the time of purchase.
We do not provide refunds for training programs in any circumstance, including for unused services.
Your Terms for Use of the Services
No MYNDY materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted in these Terms. You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Services.
Ownership; Proprietary Rights
The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Services are, and will remain, the exclusive property of MYNDY and its affiliates. The Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use MYNDY's intellectual property, including but not limited to MYNDY's name or any of MYNDY's trademarks, logos, domain names, other distinctive brand features, or copyrights.
Subject to these Terms, MYNDY grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MYNDY, in the manner permitted by these Terms.
Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any losses or damages of any kind incurred as a result of the use of the Services or any content therein.
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of, the Services by us, other users of the Services and/or any third party. Such restriction includes conduct which is unlawful, or which may, in MYNDY's sole opinion, result in any disruption within the Services.
In order to preserve the MYNDY community and enable us to continue to offer the Services, you agree not to:
Create and use a false identity or name, or otherwise misrepresent your identity, when interacting with other users of the Services;
Use or attempt to use another user’s account; and
Take photos or screenshots of content, screens or other users while using the Services.