Terms of Use

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.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Use of Services

• •   Membership

  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.

Feedback

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.

Content

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.

Fees

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.

Electronic Communications

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.

Prohibitions

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using MindÜ’s site or MindÜ’s content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Products and Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Products or Service or any related website for violating any of the prohibited uses.

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.

THE FAILURE OF CHANGE COLLECTIVE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION. THE TERMS AND OUR PRIVACY POLICY CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CHANGE COLLECTIVE AND GOVERN YOUR USE OF THE CHANGE COLLECTIVE SERVICES, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND CHANGE COLLECTIVE (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS). YOU AGREE THAT THESE TERMS AND YOUR USE OF THE CHANGE COLLECTIVE SERVICES ARE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT RESPECT TO ITS CONFLICT OF LAW PROVISIONS. BEFORE RESORTING TO COURTS, WE STRONGLY ENCOURAGE YOU TO CONTACT US DIRECTLY TO TRY TO WORK IT OUT.

General Terms

These Terms of Use, rights and licenses granted hereby, may not be transferred or assigned by you, but may be assigned by MindÜ without restriction.

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.

Contact Information

If you have any questions about these Terms of Use, please contact MindÜ through Feedback page or Help & Support page in the APP.