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Terms & Conditions

Last updated on: 6/29/2026

Welcome to The Mind Company.

The Mind Company ("The Mind Company," "we," "us," "our"), an affiliate of The Mind Company Group, Inc., provides its services to you through its websites and its mobile applications, including through the Elevate, Balance, Spark, and Atlas services (such services, collectively with the websites and such mobile applications, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service"), which govern your relationship with The Mind Company and its affiliates, predecessors, parents, and subsidiaries.

IMPORTANT NOTICE REGARDING ARBITRATION AGREEMENT: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND US TO BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS, RATHER THAN IN COURT, AND REQUIRING YOU AND US TO FOREGO JURY TRIALS, CLASS, COLLECTIVE, AGGREGATE, REPRESENTATIVE, OR CONSOLIDATED ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND. YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES SET FORTH BELOW. BY AGREEING TO THE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

BY ACCESSING OR USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. If you access or use the Services on behalf of any third party, you represent that you have authority to bind such third party and its affiliates to the Terms and that it is fully binding on such third party. In such cases, the term "you," as used in these Terms, will refer to such third party and its affiliates. If you do not have authority to bind such entity, you may not access or use the Services. You also agree that all information you provide in connection with the Services is governed by our Privacy Policy, which is incorporated herein by reference, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and applicable law.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also notify you of such changes, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes required by law will be effective immediately. Your continued use of the Services after any such changes constitutes your acceptance of such changes. If you do not agree to abide by such changes, your sole remedy is to not use, browse or access the Services.

In addition, when using certain Services, you shall be subject to any additional terms applicable to such Services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy.

DISPUTE RESOLUTION: BINDING INDIVIDUAL ARBITRATION; CLASS ACTION & JURY TRIAL WAIVER ("ARBITRATION AGREEMENT")

Mandatory Binding Arbitration of Disputes. You and The Mind Company agree that, subject to limited exceptions specified in this Arbitration Agreement, all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms or this Arbitration Agreement, the Services, or any aspect of the relationship between you, on the one hand, and The Mind Company, on the other hand, or the breach, termination, enforcement, interpretation, or validity of these Terms or this Arbitration Agreement (collectively, "Disputes"), whether such Disputes arose before, on, or subsequent to you entering these Terms, will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of National Arbitration and Mediation ("NAM"), instead of in a court in any jurisdiction by a judge or jury. You and The Mind Company agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding this Arbitration Agreement, you and The Mind Company each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Class Action/Jury Trial Waiver. You and The Mind Company agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. Unless both you and The Mind Company agree in writing or unless otherwise permitted by this Arbitration Agreement, each party 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, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. If the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If the foregoing Class Action/Jury Trial Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, and you and The Mind Company shall be deemed not to have agreed to arbitrate Disputes.

Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending The Mind Company a written opt-out notice ("Opt-Out Notice") within 30 days following the date you first agree to these Terms by mail at 2261 Market Street, Suite 86627, San Francisco, CA 94114 or by email at privacy@themindcompany.com. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your full name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with The Mind Company.

Rules & Procedures. In the event of a Dispute, you and The Mind Company each agree to send the other party a written notice of Dispute stating the full name, address, and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested ("Notice of Dispute"). You must send any Notice of Dispute by mail at 2261 Market Street, Suite 86627, San Francisco, CA 94114 or by email at privacy@themindcompany.com. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and The Mind Company agree to attempt to resolve any Dispute through informal negotiation within 30 days after the Notice of Dispute is received. After the end of that 30-day period and not before, you or The Mind Company may commence an arbitration proceeding as set forth in this Arbitration Agreement. Notwithstanding the foregoing, your and The Mind Company's right to bring an individual action in small claims court shall not require an attempt to first resolve the relevant Dispute through informal negotiation.

If the parties cannot resolve the Dispute informally, you and The Mind Company each agree that all Disputes shall be resolved exclusively through confidential individual arbitration, as provided in this Arbitration Agreement. The arbitration will be administered by NAM under its applicable rules and procedures, including any supplementary rules and fee schedules then in effect (collectively, the "Rules"), except as modified by these Terms. The Rules are available at https://www.namadr.com/content/uploads/2025/12/Comprehensive-Rules-as-of-12.16.25.pdf. If NAM is unavailable, you and The Mind Company shall agree to another arbitration body. Subject to these Terms, the arbitrator(s) may award any damages and relief authorized by law or the Rules. The award is final and binding and judgment on it may be entered in any court of competent jurisdiction, in accordance with the U.S. Federal Arbitration Act ("FAA").

A party who wishes to start arbitration must submit a written Demand for Arbitration to NAM and follow the respective Rules regarding initiating an arbitration with NAM. You can contact NAM for more information on how to commence an arbitration proceeding at https://www.namadr.com. Any arbitration hearings will take place in San Francisco, California, in the city or county wherein you reside, or at another mutually agreed location (including by telephone or remote means). It is the intent of the parties that the Rules and the FAA shall preempt all state laws to the fullest extent permitted by law. If the Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of California, without regard to its choice or conflict of law provisions.

Mass Arbitration. In the event that 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, the following additional terms in this paragraph shall apply and the parties shall be deemed to have agreed to the application of NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures available at https://www.namadr.com/content/uploads/2024/10/Mass-Filing-Supplemental-Rules-updated-as-of-10.1.2024.pdf, as modified by this Arbitration Agreement. NAM shall: (a) administer the arbitration demands in 20 batches, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; and (b) apply a single initial filing fee and administrative fee per batch for the business and per claim for a consumer as set forth in NAM's Mass Filing Fee section of the Consumer Fee Schedule in effect as of the time of the filing of the demand. To the extent NAM administers the arbitration and applies this batching protocol, the parties agree that the arbitrator shall award a single award per batch. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. The Mind Company reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, or that an arbitration can proceed on a mass arbitration basis without the application of this paragraph, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and The Mind Company shall be deemed not to have agreed to arbitrate Disputes.

Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the Rules.

Changes to Arbitration Agreement. Notwithstanding anything to the contrary in these Terms, if The Mind Company changes any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Last Updated" above, or by not accessing or using the Services. The written notice must be provided either by mail at 2261 Market Street, Suite 86627, San Francisco, CA 94114 or by email at privacy@themindcompany.com. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and The Mind Company in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Survival of Arbitration Agreement. This Arbitration Agreement shall survive any expiration or termination of your relationship with The Mind Company or these Terms.

Prevailing Party Attorneys' Fees and Costs. Unless otherwise provided in the Terms or otherwise prohibited by law or the Rules, in the event of any legal action (including arbitration) for any Dispute between the parties, the non-prevailing party shall pay the reasonable attorneys' fees and other costs and expenses of the prevailing party in such amount as may be determined. This includes, but is not limited to, any and all of the prevailing party's fees and costs in enforcing, or on appeal from, a judgment in favor of the prevailing party.

Access and Use of the Service

Services Description: The Elevate, Balance, Spark, and Atlas Services, each of which may be referred to herein as a "Service," and together as the "Services" are designed to allow users to play games that are designed to train a variety of skills, improve general world-knowledge, and interact with meditation, relaxation, and self-improvement services, on a mobile device and, in the case of Atlas, also through a web-based platform. The Services are not designed to diagnose, treat, mitigate or cure any disease, physical or mental health condition and are not a substitute for medical advice or the advice of a mental or behavioral health professional. Some Services may be powered, in whole or part, by artificial intelligence tools.

Your Registration Obligations: You may be required to register with a Service in order to access and use certain features of the Service. If you choose to register for a Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Services only with the approval of your parent or guardian, with the exception of Atlas which is not available to users under 18 years of age.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify The Mind Company of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session when accessing a Service. The Mind Company will not be liable for any loss or damage arising from your failure to comply with this Section. The Mind Company reserves the right to monitor and access your account in order to (1) prevent fraud, criminal activity, or misuses of the Services; (2) ensure the security of our IT systems, architecture and networks; (3) diagnose and remedy problems with the Services; (4) comply with legal obligations and legal process; and (5) protect our rights, privacy, safety or property, or that of our affiliates, you or other third parties.

Modifications to Service: The Mind Company reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that The Mind Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

General Practices Regarding Use and Storage: You acknowledge that The Mind Company may establish general practices and limits concerning use of the Services, including without limitation, the maximum period of time that data or other Content will be retained by the Services and the maximum storage space that will be allotted on The Mind Company's servers on your behalf. You agree that The Mind Company has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Services. In addition, The Mind Company may establish limitations on when you can use certain features of the Services, which may include warnings displayed within a mobile application. You represent that you will comply with these warnings and you will not exceed any usage limitations set by The Mind Company. You acknowledge that The Mind Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that The Mind Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Services includes certain services that are available via a mobile device, including (i) the ability to browse our websites and other Services from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Virtual Items: We may offer or provide you a limited license to access and use various "Virtual Items" in our Services, including (i) virtual in-game coins, currencies or monies, all for use in our games; (ii) virtual in-game items; and (iii) other services for your personal and non-commercial entertainment. No payments in exchange for limited access to Virtual Items are necessary to use our Services. We offer limited access to Virtual Items for the sole purpose of enhancing your user experience and entertainment when using our Services.

Virtual Items do not store or represent anything of value because we have the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your license to access and use them at any time and for any reason, with or without notice. We shall have no liability to you or any third party in the event that we exercise any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for the limited license to access and use those Virtual Items. For as long as we provide you with access to a Virtual Item, you have a conditional, limited, personal, non-transferable and revocable license to access and use the Virtual Item as we determine at our sole discretion.

You may not use Virtual Items for any purpose outside of the manner in which we permit them to be used in our Services. Except as we explicitly authorize, (i) you may not transfer any access or use you may have to any Virtual Items to other users; and (ii) you may not pay or receive payment in exchange for any access to or use of any Virtual Items for "real world" money or any other valuable thing. Any attempt to do any of the foregoing is in violation of these Terms of Service and may result in the suspension or termination of your access to our Services. All access to and use of Virtual Items may be forfeited if we suspend or terminate your access to our Services for any reason, or if we discontinue our Services.

Unless otherwise stated, all fees due for the Virtual Items are payable in advance and will be billed automatically to your preferred payment method, as applicable. All purchases of Virtual Items are final and non-refundable, except at our sole discretion.

You agree that you will not assert or bring any claim against us, our affiliates, or our or their respective directors, officers, employees, agents, service providers or licensors (collectively, "The Mind Company Parties") relating to (i) a claim that you own any Virtual Items, that Virtual Items constitute your property, or that Virtual Items have any monetary or other value; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your access to our Services or modification, termination or expiration of these terms.

User Registration – League Participation and Data Visibility: When you use the League feature in our app, it makes available to others your profile name, the month and year you joined the app, and general information about your game performance and statistics. You can control access to your profile in several ways. You can turn off Profile Visibility in your Settings, which means you will no longer participate in Leagues and your profile will not be visible to other users. If you want to continue participating in Leagues with an anonymized username, you can change your username (First and/or Last Name) in Settings. You can also email us at support@elevateapp.com to request that we anonymize your League profile name.

Conditions of Use

User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that you upload, post, publish or display (hereinafter, "Post") or email or otherwise transmit via the Services ("User Content"). You agree to not use the Services to Post, email or otherwise transmit any Content that:

  1. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable;

  2. you do not have a right to transmit under any law or under contractual or fiduciary relationships;

  3. infringes any intellectual property or other proprietary rights of any party;

  4. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;

  5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  6. in the sole judgment of The Mind Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose The Mind Company or its users to any harm or liability of any type;

  7. impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;

  8. solicits personal information from anyone under the age of 18;

  9. harvests or collects email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  10. advertises or offers to sell or buy any goods or services for any business purpose that is not specifically authorized;

  11. interferes with or disrupts the Services or servers or networks connected to the Services, or disobeys any requirements, procedures, policies or regulations of networks connected to the Services;

  12. violates any applicable local, state, national or international law, or any regulations having the force of law;

  13. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;

  14. uses any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; or

  15. or obtains or attempts to access any materials or information through any means not intentionally made available or provided for through the Services.

The Mind Company reserves the right to investigate and take appropriate legal action against anyone who, in The Mind Company's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

Fees and Payment

Payment Terms:

We offer certain premium versions, features or functionality of the Services (the "Paid Subscriptions") for a fee. By signing up for and using the Paid Subscriptions, you agree to our Terms of Service. The Paid Subscriptions provide you access to certain enhanced products, services, features and functionality (e.g., premium graphs and analysis, an ad-free browsing experience). By signing up for and using the Paid Subscriptions, including signing up for Free Trials of the Paid Subscriptions, you agree to pay any fees or other incurred charges that apply to the Paid Subscriptions (such as subscription fees).

When you sign up for the Paid Subscriptions, you must designate and provide information about your preferred payment method ("Payment Method"). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Paid Subscriptions and for any other purchases you elect to make via the Services.

Unless otherwise stated, all fees due for the Paid Subscriptions are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Paid Subscription period, as applicable. Unless otherwise stated, Paid Subscriptions will auto-renew until you elect to cancel your access to Paid Subscriptions. All purchases of Paid Subscriptions are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Paid Subscription.

Termination or Cancellation of Paid Subscriptions:

You can manage your Paid Subscription, cancel it, or turn off automatic renewals through your Apple App Store, Google Play Store account, or Stripe Subscription Management Portal. If you choose to cancel your Paid Subscription, it will remain active until the end of your current subscription period. Please note that uninstalling a Service will not cancel your Paid Subscription. Additional details about managing your Paid Subscription can be found here, here and here. Once you have cancelled your Paid Subscription and received confirmation, no other changes can be made to your account. The cancellation of a Paid Subscription will go into effect at the end of your current billing cycle, and you will have the same level of access to the Paid Subscription through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Paid Subscription through the end of that month.

If you do not pay the fees or charges due for your use of the Paid Subscriptions, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Paid Subscriptions (and may do so without notice).

Lifetime Subscription Terms and Conditions

If you purchase a lifetime subscription to a component of the Services (a "Lifetime Subscription"), you are entitled to access such components covered by your online order or in-app purchase for such Lifetime Subscription or other order mutually entered into by you and us for such Lifetime Subscription (collectively, an "Order") for as long as such components of the Services are offered and supported by us. The Lifetime Subscription applies only to such components of the Services defined in the applicable Order and does not extend to any future services that may be developed or other components of the Services. Lifetime Subscriptions are intended for private, non-commercial use only. You may not assign, transfer or resell in any way Lifetime Subscriptions to any other person or entity. We reserve the right to revise the terms or make changes to the Lifetime Subscription, which will be communicated in these Terms of Service. Once you have purchased a Lifetime Subscription, your membership will last until the earlier of 99 years or for as long as we continue to offer the components of the Services for which you have purchased a Lifetime Subscription, unless you earlier choose to cancel your account in accordance with these Terms of Service or we discontinue business operations related to the Services. We make no warranties as to the expected duration of access to the Lifetime Subscription. In receiving a Lifetime Subscription, you acknowledge and agree that the components of the Services for which you purchase a Lifetime Subscription could change or terminate in the future.

Fee Changes:

To the maximum extent permitted by applicable laws, we may change our prices for Paid Subscriptions at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Service or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Paid Subscription prior to the change going into effect.

Discount, Coupon or Gift Codes:

If you have received a discount, coupon or gift code to a Paid Subscription, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable Service and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to Paid Subscriptions, and to accounts not already subscribed to Paid Subscriptions. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Paid Subscription before the end of a free or discounted period if you do not want to continue with a Paid Subscription at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Paid Subscription, coupon validity dates, or purchase quantities. The Mind Company reserves the right to cancel discounts and coupon promotions at any time.

Free Trials:

We sometimes offer free trials of our Paid Subscriptions or other promotional offers (each a "Free Trial"). A Free Trial provides you access to the Paid Subscriptions for a period of time in accordance with details specified by us when you sign up for the Free Trial.

In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until 24 hours prior to the Free Trial expiry.

Unless you cancel at least 24 hours before the end of the Free Trial, your access to the Paid Subscription will automatically continue and you will be billed the applicable fees for that Paid Subscription using the Payment Method you provided.

All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Paid Subscription.

If you decide you do not want to become a paying Paid Subscriptions user, you must cancel your Free Trial at least 24 hours before the end of the Free Trial. Depending on the applicable Paid Subscription, you may lose access to the Paid Subscription as soon as you cancel or at the end of the Free Trial. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial even if it was not used for the entire duration of the Free Trial.

Paid Subscription features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial, your access to the Paid Subscriptions during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Paid Subscription at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

Apple-Enabled Software Applications

The Mind Company offers Software (defined below) applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels ("Distribution Channels"). If you obtain such Software applications through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

With respect to Software that is made available for your use in connection with an Apple-branded, product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

The Mind Company and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Special Notice for International Use; Export Controls: Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable Content.

No Commercial Use: Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, sublicense, rent, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes the Services or any portion thereof. The Service is for your personal use and may not be used for direct commercial endeavors.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Services may contain Content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by The Mind Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content. In connection with your use of the Services you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of The Mind Company, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by The Mind Company.

The Mind Company name and logos, marks, and identifiers are trademarks and service marks of The Mind Company (collectively the "The Mind Company Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to The Mind Company. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Mind Company Trademarks, without our prior written permission in each instance. All goodwill generated from the use of The Mind Company Trademarks will inure to our exclusive benefit. You agree not to delete or alter any copyright, trademark, or other proprietary rights notice from any part of the Services.

Third Party Material: Under no circumstances will The Mind Company be liable in any way for any Content posted, emailed or transmitted via the Services by third parties or at the direction of users, including, but not limited to, for any errors or omissions in such Content, or for any loss or damage of any kind incurred as a result of the use of such Content. You acknowledge that The Mind Company does not pre-screen such Content, but that The Mind Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, The Mind Company and its designees shall have the right to remove any Content that violates these Terms of Service or is deemed by The Mind Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any such Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

User Content Posted on or through the Service: You are solely responsible for your User Content. You will not Post any Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein, or that does not comply with these Terms of Service. By Posting any Content you hereby grant The Mind Company and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use and exploit your User Content in connection with the operation of the Services and/or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to The Mind Company are non-confidential and The Mind Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that The Mind Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of The Mind Company, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: The Mind Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify The Mind Company of your infringement claim in accordance with the procedure set forth below.

The Mind Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to The Mind Company's Copyright Agent at privacy@themindcompany.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at: 2261 Market St, Suite 86627, San Francisco, CA 94114.

To be effective, the notification must be in writing and contain the following information:

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the Content, you may send a written counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, The Mind Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, The Mind Company has adopted a policy of terminating, in appropriate circumstances and at The Mind Company's sole discretion, users who are deemed to be repeat infringers. The Mind Company may also at its sole discretion limit access to the Services or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Mind Company has no control over such sites and resources and The Mind Company is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that The Mind Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that The Mind Company is not liable for any loss or claim that you may have against any such third party.

Third Party Services

You may enable various online services to be directly integrated into your The Mind Company experience. By directly integrating these services into a Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Services, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and The Mind Company's use, storage and disclosure of information related to you and your use of such services within the Services (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and The Mind Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.

In addition, The Mind Company is not responsible for the accuracy, availability or reliability of any information, Content, goods, data, opinions, advice or statements made available in connection with third party services. As such, The Mind Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. The Mind Company enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

No Medical Advice

We provide the Services to help reduce your stress and improve your sleep and quality of life. You acknowledge and agree that (1) information available through the Services is provided for general educational purposes only, (2) the Services are not intended to diagnose, treat, cure, or prevent any disease, and (3) we do not provide medical or mental health advice or mental or behavioral health services through the Services. If you have any medical or health-related questions or if you experience a medical emergency, please call 911 or consult with a medical or mental health professional as soon as possible. We are not responsible for any health (including mental or behavioral health) or medical problems that may result from your use of the Services. You agree that you are voluntarily participating in the Services and do so at your own risk.

AI Outputs Disclaimer

The Services may utilize artificial intelligence, machine learning, and other automated technologies to generate content, recommendations, analyses and other outputs ("AI Outputs"). AI Outputs may be inaccurate, incomplete, misleading or otherwise unsuitable for a particular purpose. For the avoidance of doubt, AI Outputs do not constitute medical or mental or behavioral health advice and are not a substitute for professional judgment or consultation with qualified mental or behavioral health professionals. You are responsible for independently reviewing and validating all AI Outputs and for ensuring that your use of any AI Outputs complies with applicable laws. The Mind Company makes no representations or warranties regarding the AI Outputs, including that the AI Outputs will be unique, non-infringing or free from third-party claims, errors, biases, hallucinations or other defects. To the maximum extent permitted by law, all AI Outputs are provided "as is" and "as available," and you acknowledge and agree that The Mind Company shall not be liable for any damages, losses, claims or liabilities related to your use of or reliance on any AI Output.

Indemnity and Release

You agree to release, indemnify and hold The Mind Company and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MIND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MIND COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE SERVICES WILL BE FREE OF VIRUSES AND OTHER DESTRUCTIVE CODE, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MIND COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MIND COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE MIND COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE MIND COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Termination

You agree that The Mind Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if The Mind Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. The Mind Company may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to a Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that The Mind Company may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Services. Further, you agree that The Mind Company shall not be liable to you or any third-party for any termination of your access to the Services.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Services and The Mind Company will have no liability or responsibility with respect thereto. The Mind Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

General

These Terms of Service constitute the entire agreement between you and The Mind Company and govern your use of the Service, superseding any prior agreements between you and The Mind Company with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and The Mind Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of The Mind Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of The Mind Company, but The Mind Company may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.

Your Privacy

At The Mind Company, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at privacy@themindcompany.com or 2261 Market Street, Suite 86627, San Francisco, CA 94114.

Questions? Concerns? Suggestions?

Please contact us at privacy@themindcompany.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.