minding: The Mindfulness Coach

Last Modified: September 25, 2020

1. Scope of Terms

Welcome to www.minding.life (“Website” or “Site”) and Minding mobile application (“App”) owned and operated by Minding Life Ltd, a company registered in the United Kingdom with company number 9972847 (“Company”, “We”, “Us”, or “Our”). These Terms and Conditions as well as our Privacy Policy (hereinafter referred to as "Agreement" or “Terms”) govern your rights and obligations when you access the Website, Site or App (collectively referred to as the “App” or “Minding”) and constitute a legally binding agreement between you (the “User”, “You”, or “Your”) and the Company. By accessing the App you agree to be bound by these Terms whether or not you create an account for Minding. If you do not wish to be bound by these Terms, please do not use the App.

2. Eligibility

To use the AppIn the interest of protecting children’s privacy, our App does not target Users who are under the age of thirteen (13) years. If you are under the age of 13 years, please do not install our App or create a Minding account. If you are between thirteen and eighteen years of age, you can use the App only if your Parent/s or Legal Guardian/s grant their express consent to your use of the App. By granting their consent, Parent/s or Legal Guardian/s represent and warrant to the Company that they have read and accept to be bound by these Terms on behalf of the User.

3. The Service

Minding is a mindful meditation coaching app. The App aims to assist users who wish to learn how to meditate and experience the benefits of mindful meditation. The App comprises of various stages starting from beginners to more advanced levels. The App also offers users daily mediation tips as they progress from one stage to another. Users can download the App from iOS App Store or Google Play Store (collectively referred to as “App Store”).

4. Medical Disclaimer

ALL INFORMATION AVAILABLE ON THE APP INCLUDING BUT NOT LIMITED TO, MEDITATION LESSONS, TIPS AND TECHNIQUES ARE MADE AVAILABLE FOR YOUR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE IN NO WAY INTENDED TO REPLACE MEDICAL ADVICE OR TREATMENT PROVIDED BY A LICENSED MEDICAL PROFESSIONAL. PLEASE NOTE THAT THE APP IS DESIGNED AS A TOOL TO ASSIST USERS WHO WISH TO LEARN AND PRACTICE MINDFUL MEDITATION FOR THEIR PERSONAL USE ONLY. WE DO NOT REPRESENT OR WARRANT THAT A USER WILL ACHIEVE ANY SPECIFIC RESULTS FROM THE USE OF SERVICES OFFERED THROUGH THE APP. AT NO TIME CAN THE COMPANY OR ITS EMPLOYEES, FOUNDERS AND AFFILIATED BE HELD RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGE SUFFERED BY ANY USER AS A RESULT OF FOLLOWING ANY INFORMATION/TIPS AND TECHNIQUES MADE AVAILABLE THROUGH THE APP. ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT ALL INFORMATION ON THE APP IS ACCURATE AND COMPLETE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION. THE APP CONTAINS VAST AMOUNT OF INFORMATION AND ERRORS ARE POSSIBLE. WE HEREBY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR CLAIM ARISING FROM YOUR RELIANCE UPON ANY INFORMATION AVAILABLE ON OUR APP. ALL INFORMATION IS PROVIDED TO YOU ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY NATURE, EITHER EXPRESS OR IMPLIED. THE COMPANY, ITS AFFILIATES, ASSOCIATES AND PARTNERS DO NOT MAKE ANY REPRESENTATION OR OFFER ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR SUITABILITY OF ANY INFORMATION AVAILABLE ON THE APP FOR ANY SPECIFIC PURPOSE. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE APP IS SOLELY AT YOUR OWN RISK. THE MINDFUL MEDITATION MAY NOT BE SUITABLE FOR USERS WHO SUFFER FROM PSYCHOLOGICAL, PSYCHIATRIC OR OTHER MENTAL HEALTH ISSUES. IF YOU SUFFER FROM ANY CLINICAL MENTAL HEALTH CONDITION, YOU SHOULD ALWAYS DISCUSS WITH YOUR PRIMARY HEALTHCARE PROVIDER BEFORE INCLUDING MEDITATION PRACTICE TO YOUR LIFESTYLE. ALTHOUGH THERE ARE VARIOUS STUDIES SUPPORTING THE BENEFITS OF MEDITATION, THE APP HAS NOT BEEN SCIENTIFICALLY TESTED. WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO ANY SPECIFIC SHORT OR LONG-TERM EFFECTS OF USING THE SERVICE OFFERED THROUGH THE APP. ACCORDINGLY, ANY DECISION TO PURCHASE / USE THE APP IS ENTIRELY AT YOUR OWN RISK.

5. Account Set up and Safety

Once you download the App on your mobile device, you can easily create your personal Minding account by providing some basic personal information. You agree to provide correct and current information during the account registration process and take responsibility to maintain this information up to date. We are not under any legal or moral obligation to provide an App account to any User and we reserve the right to refuse registration of any User account in our sole discretion.Once your account sign-up is successful, you will be able to access the app using your Username and Password (“login credentials”). It is solely your responsibility to keep your login credentials confidential. Any activity under your App account is solely your responsibility.You are obligated to immediately notify the Company of any security breach or unauthorized access to your account at Monty@minding.life. You release the Company from any costs, losses or damage incurred by you as a result of any unauthorized access to your App account.

6. Subscriptions

Although Users can install and access the first seven days of App for free, to access the following stages Users are required to subscribe. All subscriptions are processed through the App Store (Apple App Store) from which the User downloaded the App on their mobile device. We do not offer any cancellations and refunds for subscriptions. You will be able to access all stages of Minding immediately after your subscription. You accept that your subscription, to access the advanced stages of App, is deemed consumed once you receive the access and you cannot cancel your subscription prior to completion. If you are not satisfied with the content or you do not receive the benefits you hoped to receive from the use of the Service. All subscription purchases are governed by the relevant App Store’s terms and conditions and by installing Minding on your mobile device you agree to abide by the Terms and Conditions and Privacy Policy of the App Store from where you downloaded the App in addition to these Terms. If you are the parent or legal guardian of a User and you wish to control in-app purchases, please use the features on your child’s mobile device that allow you to control subscriptions. The Company will not offer refunds for unauthorized in-app purchases made by another user using your mobile device and billing information. The Company reserves the right to amend any subscription fees or introduce new paid subscription plans in its sole discretion. Where the Company introduces new subscription plan, such plan will not impact the rights of any existing Users to access any content that they previously purchased through the subscription.

(a) You may access minding via an annual subscription option. For the purposes of our yearly subscription, a year constitutes 365 calendar days.

(b) Our “Annaul” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that minding 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 non-discounted renewal subscription fee(s).

You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

7. Account Termination

You can cease using the App without incurring any liability by simply uninstalling the App from your mobile device. Please note that simply uninstalling the App does not automatically terminate your App account. If you wish to terminate your Minding account, please send us an email at Monty@minding.life with the word “cancellation” in the subject line and we will delete your account. Once your Minding account has been deleted, you will no longer be able to access the App using your old username and password and access any content that you might have previously purchased. The Company reserves the right to suspend or terminate your account at any time without incurring any liability if we have a reason to believe that: ● You has been in breach of one or more provisions of this Agreement;● Your conduct is harmful to the Company; or● The Company ceases its business operations and/or withdraws the Service. Please note that where we terminate your account as a result of withdrawal of the App Service, we will give you 30 days notice prior to such withdrawal. If you have been banned from using the App or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:○ Creating a new account with different sign-up information;○ Try to acquire access to another User’s account;○ Try to gain access to the App through any other unauthorized mechanism

8. User Conduct

You agree that you will not: ● Use the App and/or any features and functionality offered by the Company for any unlawful/illegal purposes; ● Use the App whilst driving or carrying out other similar activities that requires your full and undivided attention; ● Provide any false or misleading information at the time of account registration; ● Use any robot, spider, site scraping/retrieval application or other automated routine in order to scrape any data/information from any part of the App; ● Collect any information about other Users by any means and for any purpose; ● Submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company; ● Copy or store any content offered on the App for other than your own use; ● Reformat or frame any portion of the App without express written consent of the Company; ● Create user accounts by automated means or under false or fraudulent pretences; ● Post any content that may be potentially or actually harmful to the Company or any User; ● Post any content or information that is false, inaccurate, misleading or deceptive in nature; ● In any way, infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy; ● Take any action that may lead to violation of any applicable laws or regulation; ● Intentionally or unintentionally cause harm or subvert the function of the App by introducing any viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the App; If we determine, in our sole discretion, that you have breached any obligation under this provision, we reserve the rights to cancel or suspend your account.

9. Intellectual Property Rights

Unless expressly stated otherwise, all content available on the App including without limitation, the text, graphics, logos, trademarks, audio, video, meditation tips and techniques, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws and international conventions. All Company Content is provided to you for your personal and noncommercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute an infringement of our intellectual property rights. You understand that removing any copyright, trademarks and/or any proprietary notices from any Company Content will amount to a violation of this provision. You are strictly prohibited from using any Company Content on any website, system or application that is not owned or operated by the Company. We hereby grant you a limited, non-exclusive, non-transferable license to use the Company Content for your personal and noncommercial use only. The Company may, in its sole discretion, prosecute any violations of this provision.

10. Copyright Dispute Policy

We respect copyright of others and do not condone any violations of copyright laws. You may not post or publish any copyrighted material on an publicly visible areas of the App for any purpose other than for which you have full rights. If we find that any User has violated a copyright of another person or entity, we reserve the right to immediately terminate such User’s access to our App and take any other appropriate remedial actions that we in our sole discretion deem fit. If you believe that your copyrighted material or content is posted, uploaded or made accessible through our App without your authorization, please contact us and provide us with the following information: ● Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization; ● Your contact information including your name, phone number and email address; ● A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work. Contact usEmail: Monty@minding.life

11. Modification

We reserve the right to amend any terms of this Agreement from time to time without giving any prior notice to you to reflect our new practices. We also reserve the right to introduce new paid features and functionality, remove or modify any existing features as well as the right to discontinue the service in our sole discretion. Any amendments to the terms and/or features of the App will be effective from the date we post the updated terms and implement the new features respectively. It is solely your responsibility to review these terms periodically to familiarise yourself of any changes. The Company will not be held liable for any loss or damage suffered by you as a result of your failure to review these terms.

12. Maintenance

The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the App with or without giving any prior notice to you to carry out: system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

13. App Store Users

If you download Minding from Apple App store or Google Play Store, you agree to be bound by this provision applicable to App Store Users. You understand that this Agreement is entered into by and between you and the Company only. You understand that Apple, Inc and Google, Inc are not a party to your agreement with the Company (Apple, Inc and Google, Inc are hereinafter collectively referred to as ‘App Store Company’). You understand that Minding is licensed to you by the Company and the App Store Company does not have any legal or moral obligation to offer any maintenance or support services for Minding. To the maximum extent permitted by applicable law, App Store Company does not offer any warranties of any nature whatsoever in relation to Minding. Therefore any claim, action or dispute arising out of or associated with this Agreement or your use of Service offered by the Company must be brought against the Company only. App Store Company will not be responsible for defending or settling any claims or actions arising from or associated with your use of the App. By accessing / using Minding you represent and warrant to the Company that 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 list of prohibited or restricted parties. You understand and accept that the App Store Company are third party beneficiaries of this Agreement with they have the right to enforce this Agreement against you.

14. Feedback

We appreciate our Users’ feedback, suggestions and ideas (“feedback”). You understand that by submitting your feedback, you represent and warrant to us that you have all the requisite intellectual property rights in such content to be able to grant full legal rights to the Company and you agree to grant all rights in such feedback to the Company. You hereby authorize the Company to use, disclose and/or otherwise exploit any feedback submitted by you, without any restriction or compensation to you. By submitting your feedback, suggestions and ideas to the Company you hereby waive any claims to monetary compensation from the Company or its assigns. Contact usEmail: Monty@minding.life

15. Promotions

The Company may, in its sole discretion create promotional codes, vouchers or offers (collectively referred to as “offers”) that can only be used towards Services offered by the Company. You understand and accept that Company uses these offers to increase its marketing reach and therefore offers can only be used once per User. Please note that additional terms and conditions may apply to offers and when you access or make use of an offer. You agree to be bound by those additional terms and conditions. Offers may expire upon the date specified and may not be redeemed for cash or transferred to another account. The Company reserves the right to refuse redeeming an offer if we are of the view that there has been abuse, fraud or any other illegal activity on your part.

16. Disclaimer of Warranties

THE APP, SERVICE AND COMPANY CONTENT IS PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY NEITHER REPRESENTS NOR WARRANTS THAT YOUR ACCESS AND USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, SECURE AND THE ENTIRE RISK FOR PERFORMANCE, ACCURACY AND COMPLETENESS RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE APP OR SERVICES OFFERED THROUGH THE APP. YOU ACCEPT THAT YOUR DECISION TO USE THE APP IS ENTIRELY AT YOUR OWN RISK.

17. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE APP. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGE AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND IN THAT EVENT THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED SHALL NOT EXCEED THE GREATER OF: ONE HUNDRED GBP OR THE AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE DISPUTE FIRST AROSE.

18. Indemnity

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) Your use or inability to use the App, (ii) violation of these Terms by you, (iii) violation of any applicable law by you, (ii) Your gross negligence or willful misconduct The Company reserves the right, at its own expense to assume exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

19. Governing Law

This Agreement shall be governed and construed by the laws of England and Wales without giving effect to any principles of conflict of laws. The User and the Company both agree to bring any action or claim arising out of or related to this Agreement in the court of law with appropriate jurisdiction to rule upon the matter located in London, United Kingdom.

20. Waiver of rights or remedies

Any failure or delay on the part of to Company to exercise its right or remedy under this Agreement shall not constitute a waiver of that right or remedy by the Company. Furthermore, no single or partial exercise of any right or remedy shall restrict the exercise of any other right or remedy.

21. Severability

If applicable law finds any provision of this Agreement for any reason unenforceable, then such provision will be limited to the minimum extent necessary and it will not impact the validity and enforceability of the remainder of this Agreement.

22. Assignment

The Company reserves the right to assign any of its rights and obligations to any person in its sole discretion without giving any notice to the User. Users shall not assign, transfer or in any other manner transfer any of User’s rights or obligations under these Terms to any third-party, without the express written consent of the Company.

23. Notice

Unless expressly stated otherwise, any notice, request, demand or communication to be given by the User to the Company shall be made in writing to Monty Cholmeley at Monty@minding.life. Any notice to be given by the Company to a User shall be made in writing and sent to the email address provided by the User at the time of account registration. Please note that this notice provision will not apply to the service of any proceedings of a legal nature.

24. Entire Agreement

These Terms and Conditions including the Privacy Policy together constitutes the entire understanding and agreement between you and the Company with respect to the App and supersedes all prior and contemporaneous agreements or understandings express or implied, written or oral, between the Company and the User.

25. Force Majeure

Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.