Terms of use

Please read the following Terms of Use carefully as they govern your use of the Site, mobile application (the “App”), and offline offerings (collectively referred to as Services).

These Terms of Use govern the relationship between OÜ Mindspa (14092589), any of its affiliates or subsidiaries (henceforth: Mindspa.com), and anyone who downloads, saves, installs, pays for access or content, uses or accesses, or attempts to use or access or attempts to pay for any content or access, or tools or services including but not limited to audio tracks, videos, mobile applications and other software (henceforth: ‘User’ or ‘Users’) provided by Mindspa.com. The Terms of Use laid down below apply regardless of the environment in which Mindspa.com is used, the geographic location of such use, and the technical means employed, therefore. Please consider these Terms of Use carefully, for it is only if you fully agree with them that you may use the application, services and content referred to. Please read these Terms of Use carefully before ordering any Products or Services from our Site or third-party App providers (for example, but not limited to the Apple App Store, the Android Play Store, Huawei Store, App Gallery, Amazon, etc.). If you find anything in this text that you do not understand or agree with in the slightest way, please refrain from using Mindspa.com. Any download, installation, use, or access of Mindspa.com or any part thereof shall be deemed to constitute your full and irrevocable consent to be bound by these Terms of Use.

Words used in these Terms of Use in the singular, where the context so permits, shall be deemed to include the plural and vice versa. The definitions of words in the singular shall apply to such words when used in the plural where the context so permits and vice versa. Words denoting a gender or genders shall be read as referring to all genders unless the context otherwise requires.

For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including You) provide to be made available through the Services. Content includes without limitation User Content.

This Agreement (as amended from time to time) constitutes the entire agreement between you and Mindspa.com and supersedes all prior agreements and understandings.

In case of conflict between any provision herein and any statement, representation, or other information published on the Mindspa.com website or contained in any other materials or communications the provision in these Terms of Use shall prevail.

These Terms of Use (also apply as ‘Terms and Conditions’) are a legally binding agreement between you, the user (“you” and “your”), and OÜ Mindspa (registry code 14092589), legally registered at Tornimäe tn 7-131, Tallinn, Harju county, Estonia, 10145 (henceforth “Supplier”, “Mindspa.com”, “we”, “us”, “our”).

Mindspa.com provides relaxation and self-improvement services accessible via our Sites www.mindspa.com and synctuition.com as well as our mobile device applications (henceforth “App” or “Apps”). To make these Terms of Use easier to read and understand, the Sites, our services and App are collectively called the “Services.” Please read these Terms of Use carefully, because they are a binding contract between You and Mindspa.com and these Terms of Use govern Your use of the Services.

Agreement to Terms

By using the Services, you are indicating that you have read and have fully agreed with these Terms of Use and our Privacy Policy and you understand and fully consent to be bound by all the Terms of Use and all other conditions set forth by Mindspa.com. These Terms of Use set forth your rights and obligations with respect to your use of any version of our Services. We’re required to tell you that if you don’t agree to the Terms, you can’t use or access the Services in any manner. If you do not agree to all of the terms contained in these Terms of Use, please do not use the Services.

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.

Changes to Terms or Services

Mindspa.com reserves the right, in its sole discretion, to change, add or remove portions of these Terms of Use at any time. If this happens, we will inform you of the changes either by posting the modified Terms of Use on the Site or through other communications. It is very important that you review these Terms of Use after each modification as your continued use of the Services following the posting of changes indicates your agreement to be bound by the modified Terms of Use. If you do not agree to be bound by the modified Terms of Use, then you may not use the Services any longer. Because our Services are constantly evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Arbitration Notice and Class Action Waiver

Please note that these Terms of Use contain an arbitration clause. Except for certain types of disputes mentioned in the arbitration clause, You and Mindspa.com agree that disputes relating to these Terms of Use or your use of the Services, any payment you have made, or any information you have provided will be resolved by mandatory binding arbitration, and you and Mindspa.com waive any right to participate in a class-action lawsuit or class-wide arbitration.

Who May Use the Services?

You may use the Services only if you are 13 years of age or older and are not barred from using the Services under applicable law. To make a purchase via the Site, Services, or the App Stores, you must be 18 years or older and capable of forming a binding contract.

Commencement

This Terms of Use shall be effective between Mindspa.com and you as of the moment when you access, view, or listen to any part of the Services, sign up with e-mail, obtain an Account, make a purchase, or agree or are deemed to have agreed to the Terms of Use, whichever occurs first.

Anyone who uses, accesses, or attempts to use or access any part of the Services shall by so doing be deemed to have agreed to the Terms of Use hereof.

Registration and Your Information

In order to use Mindspa.com and the Services, you need to create a user account (henceforth: Account). This can be done through the App, the Site, through a Mindspa.com or third party landing page, or through your third-party social networking services accounts such as Facebook or Google. If you choose the social networking service account option, Mindspa.com will create your Account by extracting certain personal information from your social networking service account which you agree to provide under these Terms of Use and Mindspa.com’s Privacy Policy such as your name and email address and other personal information that your privacy settings on the social networking service account permit us to access.

You are fully responsible for the activity that occurs under your Account. You must notify us immediately of any breach of security relating to or unauthorized use of your Account.

We shall not be responsible for any loss, damage, or other consequences that may result from any use of your Account or authentication token.

We have no obligation to monitor or access any Account, but may do so in cases where such action is reasonably justified (e.g., in order to prevent illegal or harmful activity, provide customer support, perform legal duties, etc.). Supplier may, in its sole discretion, disable, close, or restrict access to any Account.

Using the Services

Through the Services, users can listen to sound journeys and background music; watch masterclass videos; and access the Shop, Feed, Clarity Test, and My Diary (“Content”) through the Site and the App. Free sign-up provides access to a limited amount of Content. A paid subscription or purchase (“Paid Service” or “Paid Services”) provides access to the full catalog of Content.

You may use the Services only for personal, non-commercial purposes. You may not provide access to your Account to any other person or use any other person’s user ID to access the Services and Content. The Services and Content are personalized for one (1) user.

You may access the Content and Services using any supported web browser or the Mindspa.com App. You may not modify or use modified versions of Mindspa.com Software, including unlicensed third-party software intended to use the Services or access the Content.

Use of the Services requires devices and other services including but not limited to a mobile device, the internet, stereo headphones, and certain software. You acknowledge and agree that such system requirements, which may change from time to time, are your sole responsibility, and refunds will not be made because of hardware incompatibility (it is your duty to be fully convinced that your hardware is sufficient to run the Services). You acknowledge and agree that using the Services requires you to have an internet connection with sufficient speed and bandwidth for accessing and/or streaming the Content on your device, Supplier is not responsible and will not reimburse you for impaired access to the Services or quality issues with the Services due to the limitations, availability, and speed of your internet connection or technical issues with your devices that are used for accessing the Services and Content. You acknowledge and agree that the Supplier is not responsible for impaired access to the Services or quality issues with the Services when using the Services on your mobile device. You must have at least two (2) gigabytes of free storage space on your mobile device in order to use the App. You acknowledge and agree that the Supplier is not responsible for any physical damage to your device used to access the Services.

Customer’s undertaking

You agree and warrant not to (a) interfere with the proper functioning of the Services; (b) impose an unreasonable load on the Services or its infrastructure; (c) copy, reproduce, translate, adapt, arrange, or otherwise alter any part of the Services, App, or Content or reproduce the results of any such activity; (d) decompile, disassemble, or otherwise reverse engineer the Services, App or Content; (e) remove, alter, hide, or obscure any copyright notice, trademark, or other proprietary rights notice embedded in, appearing on or otherwise pertaining to the Services; (f) create or attempt to create any product or service that is substantially similar to, or performs the same or substantially similar functions as, or otherwise competes with the Services, or purports to be created, provided or approved by Supplier. The undertakings of Customer set forth in this section shall also be deemed to have been made by anyone who uses, accesses, or attempts to use or access any part of the Service.

Purchases

Fees

Mindspa.com offers Paid Services, including but not limited to a monthly, yearly, or lifetime subscription. By installing any part of the Software and/or App, obtaining an Account, making a purchase, or subscribing to any of the Paid Services or any part thereof, you shall be deemed to have agreed to and accepted liability for the payment of, all fees and other charges associated with the applicable Paid Service, and consented to such fees and charges being calculated, billed, revised and adjusted according to the rules Supplier has established for that Paid Service (which, if not specified in the subscription documents, are available on the Supplier’s website). The same applies where the Customer permits or causes himself to be designated as the payer for someone else’s Paid Service. Each payment provides access for one (1) User for one (1) Account. You agree to personalize your Content by recording your own voice through the personalization tool provided in the Account.

Mindspa.com makes no warranties or representations as to the expected lifetime of the Services and in purchasing a Paid Service (also including all Lifetime options), you acknowledge and agree that the Services could change or terminate in the future.

Payment for the Services is due in advance and must be effected either by credit card, PayPal, or such other means as accepted by the Supplier. You must ensure that sufficient funds are available on the relevant account and acknowledge that late payment may result in the suspension of the Services or termination of your Account.

All payments for Paid Services are handled by a third-party payment gateway. Supplier is not responsible for the processing of Customer’s payments and shall not be liable for any matter in connection therewith. You agree to provide your banking details to the third-party payment gateway and you agree that your payment data can be stored for future recurring payments or auto-renewals. You further agree that the third-party payment gateway may store and keep a cookie or a token on your device for facilitating a recurring payment or an auto-renewal.

Supplier may change the fees, rates, and billing cycle applicable to the Services without notice. If you do not agree with the respective change(s), your sole and exclusive remedy shall be to unsubscribe and cancel any Services (free or paid), or any other subscriptions you may have. If you remain subscribed to the Services after any such change(s), you shall be deemed to have granted consent to the respective change(s).

If you proceed to complete a Transaction through the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your transaction and agree (a) to pay the applicable fees and any taxes; (b) that Mindspa.com may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play, or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization, and payment purposes; and (c) to bear any additional charges that your App Provider, bank or another financial service provider may levy on you as well as any taxes or fees that may apply to your order. We will send a confirmation email after we confirm the payment for your order. Your order is not binding on Mindspa.com until accepted and confirmed by Mindspa.com. All payments and purchases are non-refundable except for citizens of the European Union within 14 days of purchase.

If you have any concerns or objections regarding any charges or transactions, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charge unless you have made a reasonable attempt at resolving the matter directly with Mindspa.com.

Mindspa.com reserves the right to not process or cancel your order in certain circumstances, for example, if your credit card is declined, if there is suspicion that the request or order is fraudulent, or in other circumstances, Mindspa.com deems appropriate in its sole discretion. Mindspa.com also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your transaction.

Subscriptions

The Services and Content can be accessed in two ways:

(a) Free Trial: free-of-charge access to limited content, which gives access to the Services for a certain number of days posted on the Site and Services. After the expiration of the free trial, Mindspa.com may continue to provide free access to some content. You may get access to a free trial period in accordance with certain promotional offers by Mindspa.com or third parties. In these cases, you also fully agree to be bound by these Terms of Use.

(b) Paid Subscription: a subscription fee-based program, which gives access to all Content. You will only have access to the Content provided through a Paid Services Subscription while your subscription is active and subsisting. All Paid Services provide access to the Content. You can purchase a Paid Service by purchasing a subscription to the Products from the Site, within the Apps, through App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that the prices for Paid Services may be different between sales channels and platforms. Please note that, if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.

Subscription Packages

Mindspa.com offers monthly, annual, and lifetime subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. For the purposes of our lifetime subscription, lifetime constitutes 100 years or until the date that Mindspa.com ceases to commercially offer the Services.

Our monthly subscription is paid monthly. For each month that your monthly subscription is active, you acknowledge and agree that Mindspa.com is authorized to charge the same credit card as was used for the initial subscription fee or another payment method in the amount of the current monthly subscription fee as of the time of renewal. You also agree that your payment information may be stored for that purpose and that a cookie or a token may be stored and kept on your hard drive to facilitate the automatic charges. The monthly renewal subscription fees will continue to be billed to the payment method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing the next month’s subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-month subscription period.

Our yearly subscriptions are paid for by an upfront one-off payment with automatic annual renewals respectively. You acknowledge and agree that Mindspa.com is authorized to charge the payment method used for (i) the initial annual subscription fee at the rate secured at the time of purchase and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You also agree that your payment information may be stored for that purpose and that a cookie or a token may be stored and kept on your hard drive to facilitate the automatic charges. You must cancel your subscription before it renews in order to avoid billing the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.

Our Lifetime subscription is paid for by a one-off upfront payment. You acknowledge and agree that Mindspa.com is authorized to charge the payment method used for the Lifetime subscription fee at the rate secured at the time of purchase. You also agree that your payment information may be stored for future purchases or payments and that a cookie or a token may be stored and kept on your hard drive to facilitate these charges.

You agree to promptly notify Mindspa.com of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by You.

During your use of the Services, Mindspa.com and its third-party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Mindspa.com and Mindspa.com’s third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. Should you desire to do so, please contact your credit card issuer.

Our obligation to provide the Services only comes into being when we take receipt of your order and confirm your purchase to you by email. We shall confirm your order and send you an email to confirm your access to the subscription purchased. Prices include local taxes and VAT where applicable. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the payment method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any purchases through Mindspa.com for commercial purposes.

When subscribed to any package (including, but not limited to the Lifetime package) each subsequent journey unlocks 12 hours after listening to the previous journey.

Canceling a subscription

You may cancel a monthly subscription at any time. The cancellation of the billing is effective at the end of the applicable month. Please make any such cancellation through your Account or contact us at https://mindspa.com/contact/. You may continue to use the Services until the end of that month.

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling the automatic renewal of paid In-App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms of Use. Such termination or suspension may be immediate and without notice. A breach of these Terms of Use includes without limitation the unauthorized copying or download of our audio or video content from the Services.

Refund Policy

For citizens of the European Union only: You may cancel our yearly and lifetime subscription plans that are only purchased through the Site within a 14-day money-back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 14 calendar days from your first date of payment, by contacting us on https://mindspa.com/contact/. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 14-day money-back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscriptions or subscriptions purchased through the Apple iTunes Store or our iPhone application, the Google Play Store, or our Android application.

After the 14-day window, we will not provide a refund. All refunds are paid in full, however, the following payment handling charges can be deducted from the refund amount that you receive: payment provider (such as PayPal) transfer fee, currency conversion expenses, wire transfer fees, or other charges relating to the payment (or any handling of the payment) thereof – such charges can be deducted from the refund.

Promotion And Discount Codes

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.

Gifting

Gift Subscriptions or Gift Cards are pre-paid memberships to the Products (“Gifts”). A person who purchases Gifts is referred to in these Terms of Use as the “Giftor”. A person who receives and redeems a Gift Subscription to the Services is referred to in these terms as the “Recipient”. Gift subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an order confirmation and receipt. Gifting codes can only be used once and cannot be redeemed for cash, resold, or combined with any other offers, including free trials. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, the Google Play Store, or our Android application. We will automatically bill the payment method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscriptions that are not redeemed. Mindspa.com will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Mindspa.com is not responsible if a Gift Subscription is lost, stolen, or used without permission.

Changes to Price Terms for Subscriptions

Mindspa.com reserves the right to change its pricing terms for Paid Services at any time. Changes to the pricing terms will not apply retroactively and will only apply for the renewal of subscriptions to Paid Services after such changed pricing terms have been communicated. If you do not agree with the changes to Mindspa.com’s pricing terms, then you may choose not to renew your subscription by canceling it through the channels and procedures stated on the Site.

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Mindspa.com regarding future functionality or features.

Content and Content Rights

Subject to the Terms herein, and your payment of applicable subscription fees, Mindspa.com grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access the Content and Services for personal and non-commercial use.

The Content and Services contain copyrighted material, proprietary material, or other intellectual property of Mindspa.com or its licensors. All right, titles, and ownership in the Content and Services remain with Mindspa.com or its licensors. The rights to access the Services and Content are licensed to you and are not being sold to you, and you have no rights to them other than to use them in accordance with these Terms of Use.

You understand and agree that your use of the Content and Services is limited by certain usage licensing rules established by Mindspa.com or third party licensors and they will govern your rights with respect to that Content as set forth herein, including, without limitation: (a) the use of the Content and access to the Services is subject to your prior acceptance of the Terms of Use; (b) the Content and Services may be used solely for its intended purpose; (c) any reproduction, redistribution, transmission, sale, broadcast, public performance, sharing, rental or lending, adaptation, sub-license, modification, extraction, promotion, commercial use, sale, transfer, assignment, or other uses of the Content provided through the Services is a violation of copyright law and is expressly prohibited.

You warrant and undertake to adhere to these Terms of Use and not to use the Services or Content: (a) to violate or infringe anyone’s intellectual property rights; (b) in any way that may damage the reputation of Mindspa.com; (c) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (d) to attempt to gain unauthorized access to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (e) to intentionally or unintentionally violate any applicable local, state, national, or international law; (f) change or manipulate any Content or data associated therewith, or any part of the Services, harvest, collect, or store personal data about other users in connection with the prohibited conduct and activities set forth herein.

In using the Services and Content You agree to comply with any applicable local, state, national or international law, and any regulations having the force of law.

The Services and Content may only be accessed through the interface(s) that Mindspa.com has provided and must not be accessed or attempted to be accessed in any manner not approved by Mindspa.com. You may not make any local copies of the Services or Content outside of the Software or App provided by the Mindspa.com.

Any unauthorized reproduction, publication, further distribution, or public exhibition of the Mindspa.com Service or materials provided on the Mindspa.com Service in whole or in part is strictly prohibited. You may not copy, reproduce, “rip”, record, or make available to the public any part of the Mindspa.com Service or Content delivered to you via the Services.

You understand and agree that the Services, Content, and products accessed through the Services are provided to you by way of a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license only, including a security framework technology that is designed to protect digital content and may limit your access and use of the Content and Services according to the Terms of Use. You agree not to violate or attempt to violate any security components of the Services or Content or security technology or software. You agree not to nor attempt to, nor encourage or assist a third party to or to attempt to violate, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components used to administer the Services for any reason whatsoever or interfere with, remove, or alter any rights management information in relation to the Content or Services. You agree to abide by the rules and policies established from time to time by Mindspa.com. Such rules and policies will be applied to Users of the Services and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues. You agree that your use of the Services, your streaming of Content, and use of any information related to the Content constitutes your acceptance of and agreement to use such Content solely in accordance with the applicable Terms of Use and that any other use of the Content or the Services will constitute a breach of these Terms of Use and may constitute a violation of law, including copyright infringement. Any security technology, as applicable, is included as part of the Content and the Services.

Content Ownership

Mindspa.com and its licensors exclusively own all rights, titles, and interests to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States, the European Union member countries as well as other countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content, including but not limited to reviews, feedback, your profile photos, videos, sound samples, and any posts or comments available through the Services or App you hereby grant to Mindspa.com a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.

We do not review User Content submitted by you or other users. We are not responsible for User Content provided by you or any other user. We do not endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Content, including as to its legality or accuracy.

User Content is considered to be non-proprietary and non-confidential. You agree not to submit any content as User Content in which you have any expectation of privacy.

Rights in Content Granted by Mindspa.com

Subject to your compliance with these Terms, Mindspa.com grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Nothing in these Terms or anyone’s conduct hereunder shall be construed to create or provide grounds for the creation of, any right of security or possession, ownership, or any other real right in or for the benefit of the Customer or any end-user with respect to any item belonging to or in the possession of Mindspa.com.

Rights and Terms for Apps

Subject to your compliance with these Terms of Use, Mindspa.com grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Mindspa.com reserves all rights in and to the App not expressly granted to you under these Terms. You may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means.

Service and Warranty Disclaimers

Mindspa.com strives to maintain the Services on a commercially reasonable basis and cannot guarantee that you will have access to the Services at all times.

You acknowledge that: (a) the Services have not been designed to meet any individual requirements; (b) the operation of the Services may from time to time encounter technical or other problems and may not continue uninterrupted or without errors; (c) the Services are not fault-tolerant and have not been designed for use in inherently dangerous circumstances, such as the operation of “major sources of danger”, traffic control or life support systems, handling hazardous substances and other activities where the failure of the Services could lead to death, personal injury, or environmental damage.

You agree that use of the Services is at your own sole risk and that the Services are provided on an “as is” and “as available” without warranties of any kind, either express or implied, to the maximum extent permitted by law, Supplier and its affiliates, officers, and/or employees expressly disclaim any and all warranties, express or implied, regarding Supplier, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Supplier has no obligation to enhance, modify or replace any part of the Service, or to continue developing or releasing new versions thereof. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

The supplier aims to respond to support requests within 72 business hours but makes no commitment as to how quickly support will be provided or issues will be resolved.

The Service may provide links or access to third-party websites, resources, or services and these may provide links or access to the Service. Supplier is not responsible for the qualities (including the availability, reliability, and security) of such external sites, resources, or services, and shall not be liable for any loss, damage, expenses, or other consequences resulting from their existence, absence, qualities, use, or inability to use them. You acknowledge sole responsibility for and assume all risks arising from your use of any third-party websites or resources.

Some parts of the Service may have been translated into other languages.

You acknowledge and agree that, by using the Services, you may encounter content that may be deemed to be indecent, offensive, or otherwise objectionable. You agree that your access to and use of the Services including any Content is at your own risk and that Mindspa.com shall have no liability to you in respect of any Content.

The Services may be integrated with other services and software provided by third parties, including Apple and Google. If you access the Services through a third-party application or other interface or use any third-party software or other products in connection with the Services, you may be subject to additional terms and conditions.

The services can also include API elements by YouTube. Here is a link to YouTube’s Terms of Service (https://www.youtube.com/t/terms). Please be aware that by using the Mindspa.com App, Services, YouTube’s API Clients, or any of our software that uses YouTube’s API elements, you are agreeing to be bound by YouTube’s Terms of Service.

Mindspa.com reserves the right to alter or change the Content or the order in which it is presented or made available through the Services.

Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit, or transmit any Content that: (a) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;
Use, display, mirror, or frame the Services, or any individual element within the Services, Mindspa.com’s name, any Mindspa.com trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Mindspa.com’s express written consent;
Access, tamper with, or use non-public areas of the Services, Mindspa.com’s computer systems, or the technical delivery systems of Mindspa.com’s providers;
Attempt to probe, scan, or test the vulnerability of any Mindspa.com’s system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mindspa.com or any of Mindspa.com ’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Mindspa.com or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or another form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Mindspa.com trademark, logo URL, or product name without Mindspa.com’s express written consent;
Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Termination

You may cancel your Account at any time by logging into your Account following the instructions provided there. If you purchase a Subscription via an App Provider (e.g., Apple or Google), you must also cancel your Subscription with that App Provider directly.

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice.

Upon any termination, discontinuation, or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. You understand and agree that upon any termination all rights that you have been granted hereunder will terminate. All intellectual property and software-related obligations hereunder shall survive until you have fully removed all Mindspa.com-related materials from your devices, systems, and storage media.

Indemnity

You will indemnify and hold harmless Mindspa.com and its officers, directors, employees, contractors, agents, and representatives from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Content or (b) your violation of these Terms of Use.

Disclaimers

Mindspa.com expressly disclaims all warranties, express, statutory, implied, or otherwise, including, without limitation, the warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary rights, warranties for the security, reliability, timeliness, accuracy, and performance of the Services and Content.

Mindspa.com (among other things) makes no representation and gives no warranty concerning the following: (a) that the Services and Content will meet any requirements or expectations; (b) that access to, or the operation or use of the Services and Content will be uninterrupted, secure or error-free – Mindspa.com reserves the right to suspend or cancel the Mindspa.com Service at any time for technical or operational reasons, without notice (c) that any defects in the Services will be corrected; (d) that the Service or any means by which the Services are accessed or used is free of malware, viruses or other harmful components; or (e) concerning any third-party software, service, information, infrastructure, resource, or any other third-party item.

You agree that your use of the Services and Content is entirely at your own risk to the full extent permissible by applicable law.

Mindspa.com may transfer its rights and obligations under these Terms to any company, firm, or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms of Use to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

Medical Disclaimer

You understand and agree that Mindspa.com is not a licensed medical care provider and that the Services and any other information you learn from Mindspa.com are not intended to substitute for a consultation with your healthcare provider or therapist. Nor does Mindspa.com make any statement to suggest taking any mental test or ability assessment offered by Mindspa.com as medical advice. Any health-related insights and recommendations provided in the context of Mindspa.com’s Services are general in nature and aimed at users who are healthy and physically and mentally fit in general. We expressly point out that specific medical conditions must only be diagnosed and treated properly by a qualified healthcare professional. Please always consult with a licensed physician or qualified healthcare provider should you have any health concerns and before taking any actions that may affect your health and safety or that of your family, children, or fetus. Do not disregard professional medical advice or delay seeking it because of something you have read in connection with Mindspa.com. If you think you have a medical emergency, call your doctor, 911, or the respective emergency line immediately. If you feel that the Services are causing you any physical or mental distress, please refrain from using them and seek medical help.

The Content that we provide in the Services has been compiled with the greatest care and informed by scientific sources. However, we disclaim liability for any unintended omissions, typographical errors, or technical inaccuracies. We cannot accept liability for violations of any ethical or moral standards applicable in your local community to health, self-help, holistic approaches, and related topics.

The binaural beats present in Mindspa.com’s audios are only intended for use in healthy adults and should not be used by people with brain disorders such as epilepsy or surviving a stroke without first consulting a doctor.

Binaural beats can cause deep relaxation and impair responsiveness. Therefore, while listening to binaural beats, you should not drive or use machines. In the unlikely event that you feel physically or mentally uncomfortable, stop using it immediately.

The Clarity Test feature in the Mindspa.com app is a virtual questionnaire that aims to measure what Mindspa.com determines as “mental clarity.” The result of said questionnaire is calculated based on the subjective answers provided by you. The final result of the Clarity Test is not meant to function as a medical diagnosis nor as a replacement for mental health counseling or therapy.

No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms of Use, such delay or failure does not constitute a waiver of that right or any other rights under these Terms of Use.

Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability, or failure arises from any cause beyond our reasonable control.

Limitation of Liability

Mindspa.com shall not be liable for any loss, damage, expenses, health problems, psychological issues, or other harmful consequences resulting from (a) anyone’s use or inability to use the Services and/or Content, (b) the properties of the Services and/or Content, (c) any message or other communication received, or any transaction entered into, through or from the Services, (d) unauthorized access to, or interruption, alteration, loss, corruption or deletion of, Customer’s or any End User’s transmissions or data, (e) any other matter relating to the Services and/or Content or any part thereof; REGARDLESS of whether such are suffered or incurred directly or indirectly or are immediate or consequential and whether arising in contract, tort or otherwise.

Neither Mindspa.com nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data, or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these Terms of Use or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Mindspa.com 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.

In no event will Mindspa.com’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Mindspa.com for use of the Services, Products, or Content or fifty dollars ($50) if you have not had any payment obligations to Mindspa.com, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the Terms of Use between you and Mindspa.com.

Data Protection and Privacy Policy

You agree and acknowledge that your personal details and certain other information about you are collected, stored, and processed through the Services. The Supplier’s use of this information is subject to its Privacy Policy, which is available at https://mindspa.com/legal/privacy. You further agree and acknowledge that by downloading, installing, using, or accessing any part of the Services, you are deemed to have agreed to the collection, storing, and processing of such information about you, and in such manner, as outlined in the Supplier’s privacy policy, including to this information being transferred to, and processed in, such countries and by such parties as specified in the privacy policy.

Mindspa.com is under no obligation to participate in user disputes or take any action in connection therewith.

Modification

Mindspa.com reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.mindspa.com. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances, we may also elect to notify you of changes or updates to our Terms of Use by additional means, such as pop-ups or push notifications within the Services, App, or email.

Dispute Resolution

Governing Law and Jurisdiction

This Agreement and all matters relating to the Service shall be governed by Estonian law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to any of the foregoing.

Any dispute arising from or otherwise concerning this Agreement (including disputes concerning the formation or validity hereof), or relating to the Service, shall be settled by mutual negotiations or by binding arbitration. In all other cases, the disputes shall be settled by Estonian courts, Harju County Court (in Estonian: Harju Maakohus) in Tallinn, Estonia, EU. Each Party, and anyone who uses, accesses, or attempts to use or access any part of the Services, hereby irrevocably submit to the said jurisdiction and waives all objections they may have thereto.

Any decision (order, judgment, or other) that the Harju County Court may deliver in a Parties’ dispute or connection with the Service shall be enforceable in all jurisdictions.

Agreement to Arbitrate

Please read the following paragraphs carefully, as they require you to arbitrate disputes with Mindspa.com, and limit how you can seek relief from Mindspa.com.

(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms of Use or your use of the Services, Products, and Content that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Mindspa.com are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. The arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely based on documents submitted to the arbitrator; (2) through a non-appearance-based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location that is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees outlined in the AAA Rules with the remainder paid by Mindspa.com. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Mindspa.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

Regardless of how the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Mindspa.com. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Mindspa.com.

(d) Jury Trial Waiver. You and Mindspa.com waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Mindspa.com elect to have claims and disputes resolved by arbitration. In any litigation between you and Mindspa.com over whether to vacate or enforce an arbitration award, you and Mindspa.com waive all rights to a jury trial and elect instead to have the dispute be resolved by a judge.

(e) Class Action Waiver. Where permitted under the applicable law, you and Mindspa.com agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or consolidated action. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Mindspa.com is entitled to arbitration; instead, all claims and disputes will be resolved in a court as outlined in the section “Governing Law and Jurisdiction” above.

(f) Opt-out. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Mindspa.com can force the other to arbitrate. To opt out, you must notify Mindspa.com in writing by registered mail no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address you used to set up your Mindspa.com account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must send your opt-out notice to the following physical address: Mindspa OÜ, Tornimäe 7-131, Tallinn 10145, Estonia; or contact us through https://mindspa.com/contact/.

(g) Small Claims Court. Notwithstanding the foregoing, either you or Mindspa.com may bring an individual action in small claims court.

(h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Mindspa.com.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Mindspa.com and you regarding the Services, Products, and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Mindspa.com and you regarding the Services, Products, and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed according to the terms of the “Arbitration” section above or by a court of competent jurisdiction, but only if you timely opt-out of arbitration by sending us an Arbitration Opt-out Notice per the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Mindspa.com’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Mindspa.com may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Mindspa.com under these Terms of Use, including those regarding modifications to these Terms of Use or any Terms issued by Mindspa.com, will be given: (a) by Mindspa.com via email; or (b) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Contact Information

If you have any questions about these Terms or the Services or Products, please contact Mindspa.com at https://mindspa.com/contact/