Terms & Conditions - Mindset App New

Mindset App’s Legal Relationship with its Users

Terms and Conditions (“Terms”)

Last Updated: (January 2023)

Before getting started on the mindsetapp.com website and Mindset App mobile application (the “Service”) operated by Mindset Motivation Inc. (“Mindset App” “us,” “we,” or “our”), we ask you to please read the following Terms and Conditions (“Terms”, “Terms and Conditions”) with care and attention.

Accepting and agreeing to these terms and conditions is required in order to use the Service. These Terms apply to everyone who will access or will use the Service.

By accessing or using Mindset App’s Service, you acknowledge and agree to be bound by these Terms. If you disagree with any part of the following terms, you may not access or use Mindset App.

1. Introduction

We truly appreciate you choosing to use Mindset App.Mindset App is the ultimate source for motivational, inspirational, educational, and personal development audios. Users of our app listen to new speeches, interviews, and playlists, search their favorite speakers, creators, and thought leaders, and discover life changing advice. . By signing up or by using any of Mindset App’s services, including all features, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Mindset App Services” or “Service”), or accessing any audio, speeches or other content made available through the Service (the “Content”) you are initiating a binding contract with the Mindset Motivation Inc. entity as described in Section 25 (Contact us).

This agreement with us includes the following Terms and any additional terms you agree to, as defined in the sections below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms that relate to future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. At any time, you may review the current version of the terms of the Agreements on Mindset App’s website. You acknowledge that you have read, that you accept these Agreements, and that you agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, you may not use the Mindset App Service or access any Content.

To use the Mindset App Service and to access Content, you need to (1) be able to enter a binding contract with us (2) you cannot be barred from entering this agreement under any applicable laws, and (3) you must also be in a country where Mindset App is available (based on App Store and Google Play availability). You must also agree that any information you provide to Mindset App is true, accurate, and complete, committing to always keep as such.

2. Changes to the Agreements

If needed, we may make changes to the Agreements for valid reasons (for example, to improve the existing functions / features, add new functions / features, implement advancements, and make reasonable technical adjustments) always ensuring that the Services remain secure and maintain legal or regulatory compliant. If we make material changes to the Agreements, we’ll notify you as appropriate given the circumstances, for example, displaying a clear message, seeking your agreement, or by emailing you. We may notify you in advance of the changes, and your continued use of the Service after these changes have been adopted will constitute your acceptance of the changes. Therefore it is important you read Mindset App messages carefully. If the new version of the agreement leads you to want to discontinue use of the Service, you may contact us to terminate your account. If you joined Mindset App, received a Trial, or received a Paid Subscription through a third party, it is essential to cancel the agreement with that third party.

3. Enjoying Mindset App

Our hope is you truly enjoy the App. The following is to provide information about the ways you can use Mindset App.

3.1 Service Options

On our website, you can find a description of our Service options, explaining the Service options available to you through a Mindset App account. Many of the ways to use the Services are at no cost. The Mindset App Service that does not require payment is currently referred to as the “Free Service.” Some of our service options require a paid subscription before you can use them (the “Paid Subscriptions” or “Premium Offering”). We may offer special offers, memberships, or services, including offerings of third-party products and services in partnership with the Mindset App Service. We are not responsible for these third party products and services. We also reserve the ability to change, terminate or otherwise modify our subscription plans and promotional offerings at any time in accordance with these Terms.

The free service may not be accessible by everyone. As you sign up for the services we will identify what services are available. If you cancel your subscription to the Free Service, or if your subscription to the Free Service is interrupted (for example, by changing your payment information), you may not be able to re-subscribe for the Free Service. Please note, the Free Service may discontinue in the future. This could mean you will no longer be able to access the Service.

Purchasing access to a Paid Subscription through a third party may also occur. Should you purchase access in this way, additional terms and conditions with that third party, in addition to the Agreements, may apply to and impact your access to the Service. If you purchase or receive a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Mindset App for access to a Paid Subscription (“Code”), separate terms and conditions that come with the Code may also apply to your access to the Service. You also agree to comply with those terms and conditions.

3.2 Trials

We may, or others on our behalf may, offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Mindset App holds the right to determine your eligibility for a Trial, also to withdraw or change a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

Some Trials may require that you provide payment information in order to initiate the Trial. By providing this information you agree that we may automatically start charging you for the Paid Subscription the day after the trial ends and on a recurring monthly basis, or another interval that is disclosed to you in advance. If you do not want to be charged for the service, you will need to cancel your paid subscription to the application before the end of the trial by clicking here if you signed up for the trial through Mindset App. if, however, you received your trial through a third party, you must cancel the applicable paid subscription through that same third party.

4.0 Using our Service

Mindset App’s Content and Service are owned, and the rights are held by Mindset App or Mindset App’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Mindset App Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). Your Access shall continue unless terminated by you or Mindset App, or the closure of Mindset App. You promise and agree that you are not redistributing or transferring the Mindset App Service or Content. As well, you promise and agree you are using the Mindset App Service and Content for your own personal, non-commercial use.

It is important to note, the Mindset App software applications and the Content are not sold or transferred to you. Ownership of all copies of the Mindset App software applications as well as the Content, are fully owned by Mindset App and its licensors even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).

Mindset App trademarks, brand features, thumbnails, service marks, trade names, logos, domain names, and any other features of the Mindset App brand (“Mindset App Brand Features”) are fully owned and the sole property of Mindset App or its licensors. The Agreements do not give you any commercial or non-commercial usage rights for these Mindset App Brand Features.

You agree to adhere to our User Terms and Conditions as well as to not to use the Mindset App Service, the Content, or any part of Mindset App in any way not expressly permitted by the Agreements. Other than the rights specifically granted to you in these Agreements, Mindset App does not give you any right, title, or interest in the Mindset App Service or Content.

Any third party software (for example, open source software libraries) that is utilized in the Mindset App Service are made available to you under the relevant third party software library’s license terms. These terms are published in the settings section on our website.

4.1 Usernames

You agree to: provide us with accurate up to date account information.

You agree not to: impersonate someone you aren’t, create an account for someone else unless you have their permission, provide inaccurate information, attempt to buy, sell, or transfer your username or any aspect of your account, or solicit, collect, or use login credentials of other users.

You may not use a domain name, URL, fake URL, or other link in your username without our written permission.

Usernames are owned by Mindset App and even if you have claimed a username first it may be replaced at any time by Mindset App for any reason we believe is appropriate (such as impersonation or intellectual property infringement). An example of this is replacing a username to be given to a Verified Speaker or Creator.

5. Payments, Cancellations, and Cooling Off

5.1 Billing

Paid Subscription can be purchased directly from Mindset App or through a third party either by (1) advance payment of a subscription fee on a monthly basis or some other recurring interval identified before you make your purchase; or (2) pre-payment of a set fee to give you access to the Mindset App Service for a set amount of time (“Pre-Paid Period”).

Mindset App’s Paid Subscriptions prices may change from time to time. If this happens, we will communicate these price changes to you in advance and, if applicable, offer how to accept the changes. Price changes can include recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes. Price changes will take effect following the final day of the subscription period in which the price change occurred. After this price change occurs, and subject to applicable law, by continuing to use the Mindset App Service, you are agreeing to the price change. If you do not want or agree with a price change, you have the ability to not accept the change by unsubscribing from the Paid Subscription before the price change takes effect.

After registering for a Paid Subscription, you have the right to change your mind and receive a full refund of your payment within fourteen (14) days of signing-up for the relevant service (the “Cooling-off Period”) in accordance with the following:

When signing up for a free trial, you agree and accept that the Cooling-off Period for the Paid Subscription related to the Trial ends fourteen (14) days after the Trial is initiated. You must cancel before the Paid Subscription Trial ends, otherwise you lose your right of withdrawal, and as a result, authorize Mindset App to automatically charge you the agreed price each payment period until the Paid Subscription is canceled. Purchasing a Paid Subscription that does not initiate with a Trial, authorizes Mindset App to automatically charge each payment period until you cancel. You also accept that once you use the Mindset App service, you lose the Cooling-off Period, even if that first use is within the fourteen (14) day Cooling-off period.

5.2 Renewal; Cancellation

Click here to cancel your subscription if you purchased your subscription through Mindset App, or cancel through the applicable third party if you purchased your subscription outside of Mindset App. For subscriptions that are not for a set Pre-Paid period, your subscription will automatically renew at the end of each subscription period, allowing Mindset App or the third party through which you purchased the Paid Subscription, to automatically charge you again for the subscription. If you cancel your Paid Subscription, the cancellation will take effect the day after the final day of the current subscription period. At that point, you will be downgraded to the Free Service. If you cancel a Paid Subscription that was made through Mindset App and/or you terminate any of the Agreements (1) after the Cooling-off Period is complete (where applicable), or (2) before the current subscription period is over, you will not receive a refund for any subscription fees already paid to us. If you are seeking to receive a full refund of all monies paid to Mindset App before the Cooling-off Period is over, you must contact Customer Support. All refunds will be refunded using the same method you used for payment.

For Paid Subscriptions that were purchased or initiated using a Code, your subscription will end when the period stated in the Code is over, or when there is no longer a pre-paid balance to pay for your continued Service. For canceling Paid Subscriptions purchased through a third party, you must cancel directly with that third party.

6. Third Party Applications and Devices

The Mindset App Service may be built to interact with third party applications, websites, and services (“Third Party Applications”). These third party Devices are utilized to make the full Mindset App Service available. Like Mindset App has its own terms and conditions, Third Party Applications and Devices may have their own terms and conditions and privacy policies as well. Your use of these Third Party Applications and Devices through the Mindset App service is governed by and subject to such terms and conditions and privacy policies. You understand and agree that Mindset App does not endorse, nor does it take responsibility or liability for the behavior, features, actions, or content of any Third Party Application or Device. You understand and agree that Mindset App does not endorse, nor does it take responsibility or liability for any transaction you may initiate with the provider of any such Third Party Applications and Devices, nor does Mindset App authorize the continuing compatibility of any Third Party Applications and Devices with the Service.

7. User-Generated Content

Mindset App users may generate, post, upload, or otherwise contribute content to the Service (this content include, audios, thumbnail pictures, images, text, messages, information, playlist titles, videos, descriptions and compilations, post, polls, comments and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” is made up of any such content posted to the Mindset App Community as well as any other part of the Mindset App Service.

For any content you post on Mindset App, you promise that, (1) you own or have the right to post that User Content, and (2) that User Content, and its use by Mindset App as described through these Agreements, does not violate or infringe the Agreements, applicable law, or any other rights set forth within the User guidelines, intellectual property, publicity, personality, or other rights of others, and does not imply any relationship with or endorsement of you or your User Content by Mindset App or any other artist, composer, musician, thought leader, speaker, brand, label, entity or individual without express written consent from Mindset App or such individual or entity.

User Content may be monitored, reviewed, removed or edited by Mindset App, although Mindset App has no obligation to do so. In all cases, Mindset App retains the right to remove or disable access to any User, or User Content for any or no reason, including User Content that, in Mindset App’s sole opinion, violates the Agreements. Without prior notification, Mindset App may take these actions related to you or any third party. Mindset App retains sole opinion on the removal or disabling of access to User Content, nor do we promise to edit, remove or disable access to any particular User Content.

Please note, you are solely responsible for all User Content that you post and upload to Mindset App. Mindset App does not take responsibility for User Content nor does it endorse any opinion, lesson, or advice offered in any User Content. You accept and agree that if any claim is brought against Mindset App related to user content that you have uploaded, then, to the extent permissible under law, you will indemnify and hold Mindset App fully harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising from such claims.

8. Rights Users Grant Us

Given the rights granted to you under the Agreements, in return, you grant us the following rights (1) you allow the Mindset App Service to utilize the processor, bandwidth, and storage hardware on your Device to allow us to facilitate the operation of the Service, (2) to provide advertising, promotions and other information to you, and (3) to allow our business partners and third party vendors to do the same. Keep in mind, throughout the Mindset App Service, the Content you access, including how it is selected and where it is placed, may be influenced by commercial considerations, including Mindset App’s arrangements with third parties. Advertising may be a part of some Content licensed by, provided to, created by or otherwise made available by Mindset App (for example, audios, podcasts or courses). Such Content is offered unmodified to you through Mindset App Service.

You acknowledge, any feedback, ideas, or suggestions you offer Mindset App related to the Mindset App Service or Content (“Feedback”), is not confidential and you permit Mindset App to use that Feedback without restriction or payment to you. Feedback is considered a form of User Content.

You grant Mindset App a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.

You grant Mindset App the right to communicate with you through email, notifications, or any other manner available through your download and use of the app, whether now known or hereafter created. Email addresses used to sign up for the app, whether submitted through our app sign-up or through a third-party sign-up partner, may be utilized for marketing purposes.

Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

8.1 Rights Partners (Creators, Speakers and Rights Holders) Grant Us

You grant Mindset App, to the extent reasonably required to transmit and communicate to Users your Content on Mindset a non-exclusive, transferable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), fully paid, worldwide license, to: (a) use, reproduce, copy, make available to the public, download, digitally transcode, publish, display, streaming and ringtones, translate, modify, make copies of, and otherwise process your content whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. (b) use the name(s), trade names, photographs and likenesses, artwork images, biographical and other material or information provided by you or Speakers embodied in Content or in connection with the Content. (c) collect incoming deriving therefrom Mindset App premium subscription fees, payments, purchases and other Mindset in-app revenue generating methods.

To further clarify, transmission may include, but is not limited to, industry standard digital media “streaming”, “conditional downloading” where the media file is deposited on the storage of the device accessing it, and storing on Mindset’s servers both locally and in our secure cloud to the extent necessary to transmit the Content.

Where applicable and permitted under applicable law, you hereby irrevocably waive on behalf of Artist, Artist’s moral rights to the fullest extent permissible in law in respect of the Works hereunder, and on behalf of Artist’s heirs, executors and personal representatives subject to the following:

a) Artist shall be credited for his contribution to the Work as provided for herein;

Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights in the Content.

Mindset shall use reasonable efforts to credit you in respect of the Works on Mindsets platforms and applicable social media. Such credit shall generally be in the following form: “Speaker: Insert Speaker Name”.

You hereby represents and warrants and agrees that: (i) you have the right, power and authority, corporate and otherwise, to enter into this Agreement and grant the rights granted herein for the Works;and (ii) you have obtained all necessary licenses, permissions and consents, including sample clearances, if applicable, with respect to matters contained herein. You hereby fully indemnify Mindset with respect to any claim or loss resulting from any breach of the foregoing representations and warranties and such other covenants and agreements contained herein.

8.1.1 Term and Termination for Partners

Rights granted are perpetual and will continue to apply to you until terminated by either you or Mindset. If you would like to terminate the contract click here.

9. Partner Accounts

9.1 Creating a Partner Account

Mindset reserves the right to grant or refuse Partner Accounts to all applicants applying to create them. Approval for creating a partner account is only given via an email notice from official@mindsetapp.com email addresses. Please see section 8.1 for all Rights Partners grant us upon account creation.

9.2 Verify or Claim a Partner Account

Mindset reserves the right to grant or refuse all applicants applying to verify or claim Partner Accounts. Approval for verification or claiming an account is only given via an email notification from official@mindsetapp.com email addresses.

In addition to rights you grant us upon creating an account in section 8.1, by applying and being approved for claiming or verifying an account, you grant Mindset App the right to: (a) assign a blue checkmark beside your account to signify that you are a verified Mindset Partner. (b) begin collecting earnings for you from all audios on Mindset App that you either own the rights to or that you edited by mixing a speech with music. (c) distribute payments to your authorized Paypal account in accordance with our “Partner Payments, also known as Partner Share” policies. For more information on earning revenue through Mindset see our partner FAQ and section 9.4 Partner Payments.

9.3 Sharing Partner Content + Exclusive Mindset App Database

Mindset reserves the right to grant or refuse all applicants applying to share content to or license content from the Mindset App Database. Approval for access to the exclusive database is only given via an email notification from team@mindsetapp.com email addresses.

In addition to rights you grant us upon creating an account in section 8.1 and verifying your account in section 8.2, you grant Mindset the right to: license, sub-license, lease, create derivative works from, couple with other masters; alter, edit, remix and adapt the Works; and distribute any of your uploaded Content in connection with the Service through any medium.

For more information on earning revenue through the Exclusive Mindset App Database, contact Mindset App here.

10. User Guidelines

Intellectual property rights are respected by Mindset App and the expectation is for you to respect them as well. The following are ground rules for you to adhere to when using the Service in order to ensure that Mindset App stays enjoyable and respectful for everyone. You agree to follow these rules, and encourage other users to do the same. The following is not permitted:

Copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Mindset App Service or the Content, or using the Mindset App Service or the Content in a way that is not expressly permitted under the Agreements, applicable law or intellectual property rights (such as copyright). You must not use the Mindset App Service to import or copy any local files that you do not have the legal right to import or copy in this way; transfer copies of cached Content from an authorized Device to any other Device via any means, including; reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Mindset App Service, Content except in ways permitted by applicable law. [If applicable law gives you the right to decompile any part of the Mindset App Service or the Content in appropriate ways to obtain necessary information to create an independent program that can be operated with the Mindset App Service or with another program, the information collected through such activities (a) may only be used for the singular objective, (b) may not be disclosed or communicated to any third party who is not necessary to disclose or communicate with in order to achieve that objective without Mindset App’s prior written permission, and (c) may not be used to develop software or service that is substantially similar in its form, expression, or user experience to any part of the Mindset App Service or the Content];

Circumventing or working around any technology used by Mindset App, its licensors, or any third party to protect the Content or the Service;

Selling, renting, sublicensing, or leasing of any aspect of the Mindset App Service or the Content;

Circumventing or working around any territorial boundaries or restrictions in effect by Mindset App or its licensors;

Artificially increasing play counts, follow counts, listen time, or otherwise manipulating the Service by (i) using any bot, script, or other automated process; (ii) providing, devising or accepting any form of compensation (financial or otherwise), or (iii) any other means;

Removing or altering copyright, trademark, or other intellectual property notices placed on the Content or the Service or provided through the Service (including for the purpose of disguising or altering any indications of the ownership or source or credit of any Content);

Circumventing, working around or blocking advertisements in the Mindset App Service, or developing or distributing tools used to block advertisements in the Mindset App Service;

Offering your password to another user or using another user’s username and password;

“Crawling” the Mindset App Service or otherwise using automated means (including bots, scrapers, and spiders) to view, access, utilize, or collect data from Mindset App or the Mindset App Service;

Selling a user account, audio or playlist, or otherwise accepting or offering to accept compensation, financial or otherwise, to influence or change the name of an account or audio or playlist or the content included on an account; or

Promoting Content by automated means.

You are asked to respect Mindset App, the Content owners, and other users of the Mindset App Service. Don’t engage in activity, post User Content, or register and/or use and/or engage with an account which is or includes material that:

is offensive, abusive, inflammatory, defamatory, inaccurate, pornographic, threatening, or obscene;

is illegal, or intended to promote, encourage others to, or commit an illegal act, including violations of intellectual property rights, privacy rights, or proprietary rights of Mindset App or a third party;

includes or offers your password or intentionally includes any other user’s password or intentionally includes personal data of users or third parties, or is intended to solicit such personal data;

includes malicious or damaging content such as malware, Trojan horses, or viruses, or otherwise interferes with the function of the Service or any user’s access to the Service;

is intended to or does intimidate or harass or bully other users;

impersonates or misrepresents your relationship with another user, person, brand, artist, or entity, or is otherwise inaccurate, fraudulent, false, deceptive, or misleading;

involves the transmission of unsolicited mass mailings or mass communication or other forms of spam (“spam”), junk mail, chain letters, automated SMS text, or similar;

involves commercial or revenue generating activities, including advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not specifically and expressly authorized by Mindset App;

commercially links to, references, or otherwise promotes products or services, except as specifically and expressly authorized by Mindset App;

interferes with or in any way disrupts or interrupts the Mindset App Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities or weaknesses in the Service or Mindset App’s computer systems, network, usage rules, agreements or any of Mindset App’s security or authentication measures or any other protective measures related to the Service, the Content or any part thereof; or

conflicts with or infringes the Agreements, as determined by Mindset App.

You acknowledge and agree that the immediate termination or suspension of your Mindset App account for posting any User Content that violates these User guidelines (or that Mindset App reasonably believes violates or infringes these User guidelines. You also acknowledge and agree that Mindset App may regain your account username where it is reasonable to do so, including if you are in violation of the Agreements.

It is important to be thoughtful about your use of the Mindset App Service and what you share. There are social and interactive features within the Mindset App Service, including the ability to post User Content, comment, share content, and allow information about you to become public. Remember to be mindful of your account settings, given that shared or publicly offered information may be used and re-shared by other users on Mindset App or across the web. Your choice to post content on the service is your choice and Mindset App has no responsibility in the material you share.

You are solely responsible for keeping your password confidential and secure given that passwords protect your account on Mindset App. Any use (including any unauthorized use) of your username and password on the Service is your responsibility. The app offers the ability to change your password. Please contact us immediately, or use the change password function, if your username or password is lost, stolen or being misused, or if you believe a third party has accessed your account without authority to do so.

11. Infringement and Reporting User Content

It is important to keep in mind the ownership of intellectual property. Mindset App respects the rights of intellectual property owners. Refer to Mindset App’s copyright guide if you believe that any Content within the Service infringes your intellectual property rights or the rights of others. Without prior notification to the user or party who supplied or posted the Content, Mindset App, in its sole discretion, reserves the right to remove Content, or take other measures it deems appropriate to address Content that is identified to infringe on intellectual property rights. Please use this form provided by Mindset App to make a claim of copyright infringement. As a user, if you have had content removed or identified to infringe that you do not believe is an infringement, you may in certain circumstances submit a counter-notification to Mindset App. Counter-infringement notifications request to restore the removed content or remove the copyright strike, which Mindset App in its sole discretion, may or may not honor.

To address posted Content which you believe does not adhere or comply with the User guidelines, please fill out our notice form.

12. Service Limitations and Modifications

Mindset App commits to doing its best and making reasonable efforts to maintain the operations of the Mindset App Service. There are changes, however, including technical difficulties, maintenance, testing, or updates required to address changes in relevant laws and regulations, may, from time to time, result in temporary or permanent interruptions. Mindset App reserves the right, at any time, to alter, modify or discontinue, temporarily or permanently, functions and features within the Mindset App Service. Where possible, you will be given advance notice of such changes that can all be made all without liability to you, except where prohibited by law, for valid and appropriate reasons such as in the case of genuine interruption, modification, sale or discontinuation of the Mindset App Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.

Notwithstanding the foregoing, if there is a permanent discontinuation of the Service with your Pre-Paid Subscription Period (defined in the Payments, cancellations, and cooling off section), Mindset App will refund you any prepaid fees you have paid. You understand, agree, and accept that although reasonable efforts will be made Mindset App, it has no obligation to maintain, support, upgrade, or update the Service, or to maintain host or provide all or any specific content through the Service. Mindset App and/or the owners of any Content has the right to remove any such Content without notice. According to applicable law, this section will be enforced to the extent permissible.

13. Brand Accounts

Brand accounts are accounts established on behalf of a company, organization, entity, or brand (a “Brand,” and such account a “Brand Account”). For Brand Accounts, the terms “you” and “your,” as used throughout the Agreements, apply to both you and the Brand. For a Brand Account you establish, you represent, agree and warrant that you have authorization to bind the Brand to the Agreements, including all permissions and licenses provided in the Agreements.

A Brand Account operates as a user, including following users, creating libraries, creating and sharing playlists, provided that there are no actions taken by the Brand implying an endorsement or commercial relationship between the Brand and the followed user, artist, speaker, creator, musician, or any other person, unless the Brand has independently obtained the permission for such an endorsement. Brands must be transparent to all users about disclosing any endorsements or consideration provided to any user, artist, speaker, creator, musician, or any other party, and must comply with all applicable laws, regulations, and codes of practice within the endorsements or foregoing activities.

14. Mindset App Support Community and Public Comment Function

The Mindset App Support Community and Public Comment Function is where you may share, discuss and exchange ideas, information, tips, and other materials related to the Mindset App Service or the Content. Mindset App reserves the right in its sole discretion to monitor this community and public comments, removing any posts deemed to be inappropriate. By using the Mindset App Support Community or the Public Comment Function you agree to such Terms.

15. Customer Support

To receive customer support, including account-related and payment-related questions (“Customer Support Queries”), submit a notice to our Customer Service team through the Customer Service contact form found on our website. Reasonable actions will be taken to respond to all Customer Support Queries within a reasonable time frame there are no guarantees or promises that any Customer Support Queries will be responded within a set time period and/or that we will respond to, and/or be able to answer all queries.

16. Term and Termination

The Agreements you are agreeing to will apply to you and your account until terminated by either you or Mindset App. You acknowledge and agree, however, that User Content is a perpetual license granted by you in relation, including Feedback and comments. Such perpetual license is irrevocable and will continue after expiry or termination of your account or any of the Agreements for any reason. Mindset App reserves the right to terminate the Agreements or suspend or terminate your access to the Mindset App Service at any time, including as a result of actual or suspected unauthorized use of the Mindset App Service and/or Content, Agreements non-compliance, or the withdrawal Services and/or Content by Mindset App (in which case reasonable notice in advance of doing so will be provided to you). To the extent permitted under applicable law, if you or Mindset App terminate the Agreements, or if Mindset App suspends or terminates your access to the Service, you acknowledge and agree that Mindset App does not have any liability or responsibility to you, also that any amounts already paid by you to Mindset App, will not refunded. You maintain the right to terminate the Agreements, except for agreements listed in the paragraph below, at any time. To terminate your Mindset App account, please go to MindsetApp.com and contact us through team@mindsetapp.com. Enforcement of this section will be to the extent permissible by applicable law.

Sections 7, 8, 10, 12, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, shall survive termination and must remain in effect even after termination of the Agreements.

17. Warranty Disclaimer

The mindset service is provided with limitations. You understand and agree the service is offered “as is” and “as available,” without express or implied warranty or condition or guarantees of any kind. Mindset app as well as all owners of the content make no representations or guarantees and disclaim any warranties or conditions of satisfactory quality, merchantability, specific applicability, fitness for a particular purpose, or non-infringement. Neither Mindset App nor any owner of content warrants or guarantees that the Mindset App service is without malware or damaging content or other harmful components. Mindset App does not make any representation nor does it warrant, endorse, guarantee, or assume responsibility for any applications from a third party that are related to the service (or the content thereof), user content, devices or any other product or service or influencer or brand advertised, promoted or offered by a third party within or through the Mindset App service or any hyperlinked website, or featured in any advertising and Mindset App has no responsibility or liability for any transaction or agreement between you and third party providers of the preceding conditions.

It is important to note, that no advice or information or teaching whether oral or in writing obtained by you from Mindset App shall create any warranty or guarantee on behalf of Mindset App. Mindset App service, you may include explicit content filtering features, but the use of these features may still result in explicit content being served and you should not rely on any such features to remove or filter all explicit content within the service.

Without limiting the preceding conditions, Mindset App’s liability is not limited in the event of total or partial non-performance or inadequate performance of its essential obligations for providing the service under the agreements. applicable law applies to this section to the fullest extent permitted.

Your statutory rights as a consumer are not affected by this section.

18. Limitation

You agree that uninstalling any Mindset App software and stopping to use the service is your sole and exclusive remedy for any problems or dissatisfaction. You agree that Mindset App has no obligation or liability related to third party applications or third party content made available through or in connection with the mindset app service, as well, that separate agreements may govern your relationship with third party applications, uninstalling and/or stopping to use any such third party applications is your sole and exclusive remedy, with respect to mindset app, for any problems or dissatisfaction you have with third party applications or the content thereof.

In no event will Mindset App, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:

(1) Any loss or damage (including any indirect, special, incidental, punitive or exemplary, damages) which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Mindset App and you knew it might; (2) any: (a) loss of use; (b) loss of data; (c) loss of business; (d) loss of profits; or (e) damage to devices, to the extent you could have avoided such damage by applying updates to the services or content or if such damage is caused by you failing to correctly follow installation or instructions or use of minimum system requirements advised by us, (f) loss of opportunity,

In all cases related to the use of or inability to use the Mindset App service, content, devices, third party applications, or third party application content, regardless of legal theory, without regard for warnings mindset app may have received on the possibility of those damages, and even if a remedy or fix fails of its core purpose;

(3) total aggregate liability for all mindset app claims relating to the service, the content, third party applications, or third party content in excess of the amounts you have paid to mindset app over the prior 365 days in question; or

(4) non-performance or inadequate performance or delay to the obligations or service related to the agreements caused by force majeure or any cause which is not reasonably foreseeable or beyond mindset app’s reasonable control.

Mindset App’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence, is not limited through the agreements.

applicable law will apply to this section to the fullest extent permitted. Rights under applicable law in your jurisdiction may provide for remedies in addition to those set out above.

19. Third Party Rights

You acknowledge and agree that the Content owners as well as certain distributors (such as app store providers) are intended beneficiaries of the Agreements and can enforce the Agreements against you. Apart from conditions in this section, the Agreements are not intended to grant rights to anyone except you and Mindset App, and the Agreements shall not create beneficiary rights for any third party. The consent of anyone else is not subject to your rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store, or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Mindset App only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

20. Entire Agreement

The Agreements constitute all the terms and conditions agreed upon between you and Mindset App, other than as stated in this section or agreed in writing between you and Mindset App, and supersede previous agreements related to the subject matter of these Agreements. Any future agreements between the parties shall supersede the terms and conditions of this Agreement.

Additional agreements, however, may govern certain aspects of your use of the Mindset App Service. Examples include, gift card access to the Mindset App Service, or free or discounted Trials. Any additional agreement will be offered to you as they apply to such aspects of your use, providing you the opportunity to agree to additional terms. Some of those additional terms are listed on Mindset App’s website. If irreconcilable conflict arises between any additional terms and these Terms, the additional terms shall prevail.

21. Severability, Waiver, and Interpretation

Unless otherwise stated in the Agreements, if any aspects of the Agreements is held invalid or unenforceable for any reason or to any extent, the other provisions in the Agreements shall not, in any manner, be rendered invalid or unenforceable, and applicable law shall enforce that provision to the extent permitted.

Mindset App or any third party beneficiary’s failure to enforce the Agreements or any condition does not waive Mindset App’s or the applicable third party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

22. Assignment

Any of the rights under the Agreements, in whole or in part, may be assigned or delegated by Mindset App. Your rights under the agreements may not be assigned, in whole or in part, nor transferred or delegated or sub-licensed to any third party.

23. Indemnification

You understand and agree that any and all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising from or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage with, on, in or through the Mindset App Service; and (4) your violation of third party rights or any law.

24. Choice of Law, Mandatory Arbitration and Venue

24.1 Governing Law / Jurisdiction

Aside from other requirements by a mandatory law,this agreement shall be deemed to have been made in the Province of Alberta and its validity, construction, performance and breach shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable to agreements made and to be wholly performed therein. You understand and agree to this without regard to choice or conflicts of law principles.

24.2 CLASS ACTION WAIVER

Where permitted under the applicable law, you and Mindset App agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. No arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding, unless you and Mindset App both agree.

24.3 ARBITRATION

Mandatory arbitration provisions apply to you if you live in, are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 24.3. is enforceable:

24.3.1 Dispute resolution and arbitration

You and Mindset App agree that mandatory binding individual arbitration will determine any dispute, claim, or controversy between you and Mindset App relating in any way to these Agreements or to your User relationship with Mindset App (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements). Lawsuit in court are more formal that arbitration. Arbitration is not decided by a judge or jury, and there are limits to court review of an arbitration award. In arbitration more limited discovery may occur than in court. The arbitrator is bound by this agreement and has the ability to award the same damages and relief as a court (including attorney fees), except that declaratory or injunctive relief benefiting anyone other than the parties in arbitration, may not be awarded by an arbitrator. This arbitration provision will survive beyond the termination of the Agreements.

24.3.2 Exceptions

Notwithstanding clause 24.3.1, you and Mindset App agree that the Agreements will not be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, provincial, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.

24.3.3 Arbitration Rules

Arbitration proceedings may be initiated by either you or Mindset App. Final settlement of any arbitration between you and Mindset App will be declared under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed through ICC Rules, as modified by these Agreements, and the International Court of Arbitration of the ICC will administer the proceedings.

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, any arbitration will be conducted in the English language and the law applied to such arbitration shall be the law of the applicable jurisdiction, without regard to choice or conflicts of law principles.

24.3.4 Time for Filing

Filing a demand for arbitration commences arbitration and must be filed within one (1) year of the date the party asserting the claim first becomes aware of, or reasonably should be aware of the act, omission, or default giving rise to the claim. Claims asserted outside of that time period shall have no right to any remedy. If applicable law prohibits a one-year limitation period for asserting claims, the shortest time period permitted by applicable law becomes the prevailing time limitation.

24.3.5 Notice; Process

The party seeking arbitration must send written notice of the dispute to the other party through certified mail (or a service requiring signature receipt). If we do not have a physical address on file for you, electronic mail (“Notice”) may be used. Mindset App’s address for Notice is listed in the final section of these terms. Any such Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). Good faith efforts will be used to resolve the claim directly, but in the event an agreement is not reached within 30 days of the Notice being received, arbitration proceedings may be commenced by you or Mindset App. During the arbitration, the arbitrator may not learn the amounts within settlements offers made by you or Mindset App until after the arbitrator makes a final decision and award, if any. If the arbitration dispute is finally resolved in your favor, Mindset App shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Mindset App in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. Strict confidentiality by all parties will be maintained for all documents and information disclosed in the course of the arbitration and shall not be used for any purpose other than for the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Public announcements or public comments or publicity concerning the dispute (including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator), will not be made by you or Mindset App, except as required to enforce the arbitrator’s decision and award.

24.3.6 Modifications

If Mindset App makes future change to this arbitration provision (other than to change Mindset App’s address for Notice), such changes may be rejected by you by notifying us in writing within 30 days of the change to Mindset App’s address for Notice, In such case, Mindset App may immediately terminate your account and this arbitration provision, as it was immediately prior to the amendments you reject, shall survive and apply.

24.3.7 Enforceability

All of Section 24.3 will be nullified if the class action waiver at Section 24.2 is determined to be unenforceable in arbitration or if any part of this Section 24.3 is found to be invalid or unenforceable. In such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising from or related to the Agreements.

25. Contact us

Please contact Mindset App Customer Service if you have any questions related to or arising from the Agreements.

We did our best to build an app you would truly enjoy! Thank you for reading our Terms.

Subscription Terms

After the 7-day free trial, you will be billed an annual subscription of $49.99 per year for Mindset Premium unless cancelled at least 24h before the trial ends. The annual subscription of $49.99 per year will automatically renew unless auto-renew is turned off in Account Settings at least 24h before the current period ends. Payment is charged to your iTunes account. By continuing you accept our Terms and Privacy Policy.

Mindset Premium – Annual

Purchase an annual subscription to Mindset Premium for $49.99/year. Subscriptions are billed as one up-front payment for the full year at the time of subscribing, and automatically renews unless turned off in Account settings at least 24 hours before you current payment ends.

Mindset Premium – Monthly

Purchase a monthly subscription to Mindset Premium for $7.99/month. Subscriptions are billed as one up-front payment for the next 30 days at the time of subscribing, and automatically renews unless turned off in Account settings at least 24 hours before your current payment ends.