Effective on June 4th, 2019
Agreement to Terms
By using the Products, you indicate that you accept these Terms and the you agree to be bound by them. You may be asked to click “I accept” at the appropriate place before your purchase of access to the Products. If you do not agree to be bound by these Terms, please refrain from using the Products.
All correspondence to Headspace including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
Use of Services
i) To sign up as a registered user of the Products and Services, you must be 18 years of age, or the age of majority in your province, territory or country.
ii) You may sign up as a registered user (here “member”) of the Products free of charge, by submitting your email address to us and create a password in conjunction with it. As a registered member, you can use the relevant section of the Products and Services.
iii) You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
iv) By agreeing to becoming a member you agree to receive Newsletters including occasional special offer, marketing, survey and Product related services through communication emails. You can unsubscribe Newsletters following the opt-out instruction in these emails.
• Free version
i) Free version is a free of charge program, giving MindÜ users unlimited access to our Free features.
ii) You have access to the Products and Services by signing up as a registered user.
iii) Your access to the free features will not work if you log out your MindÜ account.
You can submit Feedback by emailing us through the Feedback page in the APP. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms: Content means text, graphics, images, music, software, audio, video, works of authorship of any otherwise made available through the Products and Services; User Content means any content that MindÜ Account holders provide to be available through the Products and Services. Content includes without limitation User Content.
Content displayed on or through the Products and Service is protected by applicable copyright laws and international conventions. MindÜ website and MindÜ’s logo, icons and marks identifying MindÜ products and services are trademarks of MindÜ and may not be used without the written consent of MindÜ. You may not copy, reproduce, distribute, or create derivative works of the Products and Services without MindÜ’s written authorization. You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Products and Services. MindÜ respects the intellectual property of others and we require that our users do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.
By using the Service, you agree to pay any undisputed fees applicable to the premium version you selected at the time of subscription. Applicable taxes, and other charges and fees incurred to access the Products and Services, including third party internet or mobile service provider fees, may also apply.
The subscriptions are auto-renewable which means that once purchased it will be auto-renewed every week, month or year until you cancel it 24 hours prior to the end of the current period. You can manage your Subscription and Auto-Renewal by going to your Account Settings.
By registering MindÜ account, you agree to receive advertisements and informational emails to the e-mail address they used to register.
If the user want to stop receiving informational emails from MindÜ, they must use the “Unsubscribe” link, which is present in every email sent by the Company from MindÜ email addresses.
The user can also unsubscribe by sending an email with the subject “Unsubscribe” through MindÜ Help and Support link in the user profile “Me” page.
Disclaimer of Warranty
THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability
NEITHER MINDÜ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS AND SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINDÜ OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT MINDÜ WILL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any notices or other communications provided by MindÜ under these Terms, including those regarding modifications to these Terms, will be given via email; or by posting to the Products and Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
MindÜ failed to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by MindÜ. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.