TERMS & CONDITIONS
Terms and conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your
use of the “MYMYNDMYMENTAL” mobile application (“Mobile Application” or “Service”) and
any of its related products and services (collectively, “Services”). This Agreement is legally
binding between you (“User”, “you” or “your”) and MYND YOUR MENTAL ENTERPRISES,
LLC (“MYND YOUR MENTAL ENTERPRISES, LLC”, “we”, “us” or “our”). If you are entering
into this agreement on behalf of a business or other legal entity, you represent that you have
the authority to bind such entity to this agreement, in which case the terms “User”, “you” or
“your” shall refer to such entity. If you do not have such authority, or if you do not agree with
the terms of this agreement, you must not accept this agreement and may not access and use
the Mobile Application and Services. By accessing and using the Mobile Application and
Services, you acknowledge that you have read, understood, and agree to be bound by the
terms of this Agreement. You acknowledge that this Agreement is a contract between you and
MYND YOUR MENTAL ENTERPRISES, LLC, even though it is electronic and is not physically
signed by you, and it governs your use of the Mobile Application and Services.
ACCOUNTS AND MEMBERSHIP
You must be at least 18 years of age to use the Mobile Application and Services. By using the
Mobile Application and Services and by agreeing to this Agreement you warrant and represent
that you are at least 18 years of age. If you create an account in the Mobile Application, you
are responsible for maintaining the security of your account and you are fully responsible for all
activities that occur under the account and any other actions taken in connection with it. We
may monitor and review new accounts before you may sign in and start using the Services.
Providing false contact information of any kind may result in the termination of your account.
You must immediately notify us of any unauthorized uses of your account or any other
breaches of security. We will not be liable for any acts or omissions by you, including any
damages of any kind incurred as a result of such acts or omissions. We may suspend, disable,
or delete your account (or any part thereof) if we determine that you have violated any
provision of this Agreement or that your conduct or content would tend to damage our
reputation and goodwill. If we delete your account for the foregoing reasons, you may not re
register for our Services. We may block your email address and Internet protocol address to
prevent further registration.
BILLING AND PAYMENTS
You shall pay all fees or charges to your account in accordance with the fees, charges, and
billing terms in effect at the time a fee or charge is due and payable. Where Services are
offered on a free trial basis, payment may be required after the free trial period ends, and not
when you enter your billing details (which may be required prior to the commencement of the
free trial period). If autorenewal is enabled for the Services you have subscribed for, you will
be charged automatically in accordance with the term you selected. Sensitive and private data
exchange happens over a SSL secured communication channel and is encrypted and
protected with digital signatures, and the Mobile Application and Services are also in
compliance with PCI vulnerability standards in order to create as secure of an environment as
possible for Users. Scans for malware are performed on a regular basis for additional security
and protection. If, in our judgment, your purchase constitutes a highrisk transaction, we will
require you to provide us with a copy of your valid governmentissued photo identification, and
possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time. We also reserve the
right to refuse any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we make a change to or
cancel an order, we may attempt to notify you by contacting the email and/or billing
address/phone number provided at the time the order was made.
ACCURACY OF INFORMATION
Occasionally there may be information in the Mobile Application that contains typographical
errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Mobile Application or Services is inaccurate at any time
without prior notice (including after you have submitted your order). We undertake no
obligation to update, amend or clarify information in the Mobile Application including, without
limitation, pricing information, except as required by law. No specified update or refresh date
applied in the Mobile Application should be taken to indicate that all information in the Mobile
Application or Services has been modified or updated.
UPTIME GUARANTEE
We offer a Service uptime guarantee of 99% of available time per month. If we fail to maintain
this service uptime guarantee in a particular month (as solely determined by us), you may
contact us and request a credit off your Service fee for that month. The credit may be used
only for the purchase of further products and services from us, and is exclusive of any
applicable taxes. The service uptime guarantee does not apply to service interruptions caused
by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2)
interruptions caused by you or your activities; (3) outages that do not affect core Service
functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5)
outages related to the reliability of certain programming environments.
ADVERTISEMENTS
During your use of the Mobile Application and Services, you may enter into correspondence
with or participate in promotions of advertisers or sponsors showing their goods or services
through the Mobile Application and Services. Any such activity, and any terms, conditions,
warranties or representations associated with such activity, is solely between you and the
applicable third party. We shall have no liability, obligation or responsibility for any such
correspondence, purchase or promotion between you and any such third party.
LINKS TO OTHER RESOURCES
Although the Mobile Application and Services may link to other resources (such as websites,
mobile applications, etc.), we are not, directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated
herein. We are not responsible for examining or evaluating, and we do not warrant the
offerings of, any businesses or individuals or the content of their resources. We do not assume
any responsibility or liability for the actions, products, services, and content of any other third
parties. You should carefully review the legal statements and other conditions of use of any
resource which you access through a link in the Mobile Application. Your linking to any other
offsite resources is at your own risk.
PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the
Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Mobile Application
and Services, third party products and services, or the Internet; (h) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with
or circumvent the security features of the Mobile Application and Services, third party products
and services, or the Internet. We reserve the right to terminate your use of the Mobile
Application and Services for violating any of the prohibited uses.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will MYND YOUR MENTAL
ENTERPRISES, LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors
be liable to any person for any indirect, incidental, special, punitive, cover or consequential
damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use
of content, impact on business, business interruption, loss of anticipated savings, loss of
business opportunity) however caused, under any theory of liability, including, without
limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the
liable party has been advised as to the possibility of such damages or could have foreseen
such damages. To the maximum extent permitted by applicable law, the aggregate liability of
MYND YOUR MENTAL ENTERPRISES, LLC and its affiliates, officers, employees, agents,
suppliers and licensors relating to the services will be limited to an amount no greater than one
dollar or any amounts actually paid in cash by you to MYND YOUR MENTAL ENTERPRISES,
LLC for the prior one month period prior to the first event or occurrence giving rise to such
liability. The limitations and exclusions also apply if this remedy does not fully compensate you
for any losses or fails of its essential purpose.
SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be
applicable and binding only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement
shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the
intention of the parties that the remaining provisions or portions thereof shall constitute their
agreement with respect to the subject matter hereof, and all such remaining provisions or
portions thereof shall remain in full force and effect.
ASSIGNMENT
You may not assign, resell, sublicense or otherwise transfer or delegate any of your rights or
obligations hereunder, in whole or in part, without our prior written consent, which consent shall
be at our own sole discretion and without obligation; any such assignment or transfer shall be
null and void. We are free to assign any of its rights or obligations hereunder, in whole or in
part, to any third party as part of the sale of all or substantially all of its assets or stock or as
part of a merger.
CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its terms related to the Mobile Application
and Services at any time at our discretion. When we do, we will revise the updated date at the
bottom of this page, post a notification in the Mobile Application, send you an email to notify
you. We may also provide notice to you in other ways at our discretion, such as through the
contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the
revised Agreement unless otherwise specified. Your continued use of the Mobile Application
and Services after the effective date of the revised Agreement (or such other act specified at
that time) will constitute your consent to those changes.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions.
By accessing and using the Mobile Application and Services you agree to be bound by this
Agreement. If you do not agree to abide by the terms of this Agreement, you are not
authorized to access or use the Mobile Application and Services.
