Last updated: 2018-05-24
MindApps AB, corporate ID 556880-9122 with registered offices at Norrsken House Fack 51, Birger Jarlsgatan 57 C, 113 56 Stockholm, Sweden (“MindApps” / ”We” / ”Us”) provide digital products, applications services, technology and other tools for mindfulness and meditation. These general terms and conditions (the “Terms”) tells you the terms on which you may use our mobile device application The Mindfulness App (the “App”), MindApps’ website located at www.themindfulnessapp.com (the "Site") and our other digital products and services which – together with the App and the Site – are referred to herein as our “Services”.
Please read these Terms carefully. By accessing the Services, whether as a guest or a registered user, you enter into an agreement with MindApps where you agree to be bound by these Terms together with any user instructions established by MindApps from time to time. If you do not accept these Terms, please do not access or otherwise use the Services.
1. ACCESS TO THE SERVICES
1.1 Access to our Services is permitted on a temporary basis and we reserve the right to withdraw or amend the Services at any time without notice to the extent permitted by applicable law. The Services may vary in design and scope. We may carry out updates, modifications, improvements and other measures to the Services from time to time, which may affect the availability of the Services. References to the Services contained in these Terms shall be deemed to include all updates, modifications, improvements and other measures as applicable.
1.2 The App offers certain enhanced features of the Services which you can purchase either as individual items or as a monthly or yearly subscription, see here also Section 3 “Purchase”.
1.3 Minors (individuals under the age of 18) must have a parent's or guardian's approval to be able to use the Services and purchase products and subscriptions from us.
1.4 We will not be liable if for any reason our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, of our entire Services, to users who have registered with us.
1.6 MindApps reserves the right to modify the Terms at any time upon thirty (30) days prior written notice. It is important that you review the Terms whenever we modify them because if you continue to access the Services after such modified Terms have become effective, you agree to be bound by the modified Terms. If you don’t agree to be bound by any modified Terms, you should terminate your use and access of the Services before they become effective.
1.7 Any notices or other communications provided by MindApps under these Terms, including those regarding modifications to these Terms, will be provided by MindApps:
(i) by email; and/or
(ii) by banner display or similar through the Services.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
2. USE OF THE SERVICES
2.1 The Services are only available for your private use and are not intended for commercial use. Do not misuse the Services, so that either MindApps or anyone else gets harmed in any way. You may only use the Services as permitted by law and these Terms.
2.2 To access certain features of the Services you will have to create an account ("Account"). You create an Account by following the instructions in the App on how to register an Account. You can sign up for an Account with e-mail and password or through certain third-party social networking services such as Facebook or Twitter.
2.3 Your Account with MindApps, including your user ID, email and password (where applicable), is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. MindApps is not in any way responsible for any loss or damage caused by unauthorised access to your account or use of your login details. If you learn of or suspect any unauthorised use of your account, you must immediately inform MindApp’s support, contact details at the bottom of this document.
2.4 Through the Services, you can select from a variety of options to create customised mindfulness and meditation sessions. You can also use the paid functionality of the Services to utilise the enhanced functionality of the Services, described in further detail under the Section 3 titled "Purchases" below.
2.5 You understand and agree that materials, commentary and other information displayed within the Services and learnings from your use of the Services are not intended to amount to advice on which reliance should be placed. Neither is it in any way implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or users of our Services, or by anyone who may be informed of any of the contents.
2.6 You may not transmit, and/or distribute files that may damage MindApp’s or others’ technology or property (such as malicious code).
2.7 We welcome feedback, comments and suggestions for improvements to the Services. You can submit your opinions and thoughts by emailing us at email@example.com.
3.1 We offer certain enhanced features of the Services which you can purchase as individual items (“One-off Item”) or as a monthly or yearly subscription ("Subscription"). This section only applies when you purchase a One-off Item and/or Subscription or other paid products from MindApps. By paying the Subscription fee, you get access to such Subscription during the time it is valid, subject to these Terms. All Subscriptions are paid in advance. Fees for Subscriptions and One-off Items can be found in the App or on the Site. Payments for Subscriptions and One-off Items are made via in-App purchase through App Providers such as Apple iTunes and Google Play. Special terms and conditions may apply and will in such case be presented to you before you place your order. If you choose to make a purchase via the Services, you agree:
(a) to the specific terms for such One-Off Item or Subscription (where applicable);
(b) to pay the applicable fees and any taxes; and
(c) that MindApps may charge your account with the app store or distribution platform (such as the Apple App Store or Google Play) where the App is made available (each, an "App Provider").
3.2. All payments made are non-refundable and non-transferable except as expressly provided in these Terms or in any One-Off Item/Subscription specific terms.
3.3. All amounts are payable and charged:
(i) for One-Off Item purchases, at the time you place your order; and
(ii) for Subscriptions, at the beginning of the Subscription and at the time of each renewal period of such Subscription (in advance) until you cancel the Subscription.
3.4 Subscriptions are automatically renewed until cancelled by you. You may at any time terminate a Subscription, in which case your Subscription will still be valid for the Subscription time you have already paid for. If you have activated a Subscription from MindApps through the use of App Store, Google Play Store or any other App Provider, using in-app purchase, you can only cancel your subscription through the use of their services. You must cancel a Subscription before it renews if you want to avoid being charged the fees for the following Subscription period. You will not receive a refund of the fees already paid for an active Subscription if you decide to cancel it before the end of a Subscription period.
3.5 If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or App Provider charges unless you have made a reasonable attempt at resolving the matter directly with MindApps.
3.6 MindApps reserves the right to not process or to cancel your order in certain circumstances, such as, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances which MindApps in its sole discretion deems appropriate. MindApps also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. MindApps will either not charge you or refund the charges for orders that we do not process or cancel.
3.7 MindApps reserves the right to change the fees for One-Off Items/Subscriptions at any time and MindApps will notify you in advance of such changes becoming effective. Changes in the fees will not apply retroactively and will only apply for Subscription renewals after such changes in the price have been communicated to you. If you do not agree with the changes to the MindApps pricing, you may choose not to renew your Subscription in accordance with Section 3.4.
4. PERSONAL DATA
5. RIGHTS OF USE AND INTELLECTUAL PROPERTY
5.1 All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (together “Intellectual Property”) presented within the Services are MindApp’s and/or a third party’s property. You agree not to use Intellectual Property for any other purposes other than for your use of the Services unless otherwise is required by applicable mandatory law.
5.2 When you are using the Services you are granted a non-exclusive, non-transferable, limited license to use the Services and copy the App onto your device(s) in accordance with the Terms and any applicable App Provider’s terms and conditions, for your personal use. Except as expressly granted in the Terms, you shall have no other rights to the App or the Services. All rights not expressly granted are reserved and retained by us.
5.3 By uploading, posting, publishing, communicating, displaying or otherwise sharing any text, messages, pictures, videos, links, data, and other information (“User Content”) to MindApps or within the Services you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to such material. You agree to grant MindApps a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to modify, transfer, make available to the public, publish and otherwise use the User Content to the extent necessary for MindApps to operate and maintain the Services. This license shall remain valid until the respective User Content is deleted from the Service in accordance with these Terms.
5.4 You are solely responsible for all activities on your Account and for all User Content. MindApps does not monitor the User Content, but may at any time choose, at its sole discretion, to remove User Content from the Services and/or your Account and to terminate your Account and Subscription.
5.5 User is made aware that in order for the App to function properly, you must also grant us the right to use the processor, mobile data, storage, location service, camera, screen, microphone, accelerator and vibrate function on your device, as well as send you push notifications to the extent necessary for MindApps to operate and maintain the Services.
6. LINKS TO THIRD PARTY WEBSITES FROM THE SERVICES
6.1 The Services may contain links to other websites or resources provided by third parties, these links are provided for information purposes only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. LIMITATION OF LIABILITY AND DISCLAIMERS
7.1 You access and use the Services at your own risk. The Services are provided "as is," without warranty of any kind. The user is responsible for its use of the Services and the technical equipment, software and other equipment required for the use of and access to the Services. MindApps does not undertake the obligation to monitor the contents of User Content.
7.2 MindApps does not assume any responsibility for errors or omissions in information, functionality or software, including User Content, which is referenced or linked to in the Services. In no event shall MindApps be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, MindApp’s aggregated liability for any direct damages shall be limited to the lesser of: (i) One-Off Item fees paid by the user; (ii) Subscription fees paid by the user during the previous calendar year; or (iii) 350 SEK.
7.3 Violation of any of these Terms will lead to a direct termination of your user Account and Subscription. If you violate these Terms, you will not get a refund.
8.1 Should a User be dissatisfied with the Services; the User may submit a complaint to MindApps at firstname.lastname@example.org. If the Users considers that the Services are incorrect, the User must notify MindApps immediately after the discovery of the error. If no complaint is made within this time, the User will lose the right to compensation or to demand other actions from MindApps to the extent permitted by law.
8.2 Users shall direct any claims against MindApps within three (3) months from the time the damage was discovered or should have been discovered. A User who fails to do so will lose the right to direct the claim against MindApps.
8.3 If a User is not satisfied with MindApps management of the complaint, the User can direct a complaint to the Swedish National Board for Consumer Disputes (Swedish: Allmänna Reklamationsnämnden – ARN) for review (free of charge).
You can contact ARN as follows:
8.4 Complaints regarding services or items purchased from third parties shall be directed to the relevant supplier. Incomplete or incorrect information from third parties shall be notified to the third party and not to MindApps.
9. RIGHT OF WITHDRAWAL
9.1 By accepting these Terms, you agree that you will thereby be regarded as having started using the Services (immediately upon downloading the App or purchasing a Subscription or other paid products). This means, with regards to Subscriptions and other paid products, that you will only have fourteen (14) days to withdraw from the agreement from the date you receive confirmation of your Subscription or One-off Item via email if you do not start using the Services during that period. To use your right of withdrawal, you must send an email to MindApps (see contact details at the bottom of this document). Any prepaid fees will be refunded within 30 days. All payments handled by Apple or another App Provider, such as in-app purchases, can only be refunded by Apple or other App Provider (as applicable) with its consent. Default in payment shall not be deemed as a termination of a Subscription.
10. TRANSFERS AND SUBCONTRACTORS
10.1 MindApps reserves the right to engage a subcontractor to fulfil the obligations under the Terms. MindApps shall ensure that the agreements with any subcontractor contains adequate regulations with regard to the security and processing of personal data.
10.2 The User is not entitled to assign or transfer any rights and/or obligations under these Terms or the use of the Services to any third party without MindApp’s prior written consent.
10.3 MindApps reserves the right to assign, totally or partially, its rights and/or obligations under these Terms.
11.1 You may choose to terminate/cancel your account and/or use of the Services at any time at your convenience.
11.2 You should be aware of that removing or uninstalling the App or closing your Account will not be sufficient in order for you to terminate your Account and these Terms and stop any active Subscription(s) — you must also actively cancel the Subscription. Please note that if you have a Subscription with MindApps through the use of App Store, Google Play Store or any other App Provider, you can only cancel such Subscription through the App Provider. To find out how to cancel the Subscription and/or your account, please follow the instructions in the App or on the Site.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 These Terms and the use of the Services shall be interpreted and construed in accordance with and governed by the laws of Sweden, except for its conflict of law provisions.
12.2 Any disputes or claim arising out of or in connection with the Terms shall be finally settled by a Swedish court, in accordance with Swedish law. The dispute may also be considered by the Swedish National Board for Consumer Disputes [Swe: Allmänna Reklamationsnämnden – ARN], contact details under Section 8 above), whose decision is a recommendation for how the dispute should be resolved.
12.3 If you are a consumer and have bought goods or services from us online you may be entitled to use the Online Dispute Resolution platform provided by the European Commission (known as the ODR-platform). You can access the ODR-platform here: http://ec.europa.eu/consumers/odr/
If you have any questions about these Terms or the Services, please contact MindApps at: email@example.com.