Last updated: October 3, 2016
By installing the Mindsail application or otherwise accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not install the Mindsail application or otherwise access or use the Service.
These Terms are an agreement between you and Mindsail only and not any third parties (such as Apple, Inc. (“Apple”)). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of these Terms and Apple has the right to enforce these Terms against you. Mindsail, not Apple, is solely responsible for the Service.
- Consent to Use of Data
- Limited License
Mindsail grants you a limited, non-exclusive, non-transferable, revocable license to use the Service and stream and download content available through the Service (“Content”) for your personal, non-commercialpurposes only and as permitted by the features of the Service. Mindsail reserves all rights not expressly granted herein in the Service. Mindsail may terminate this license at any time for any reason or no reason. You may only use the Mindsail application on Apple devices that you own or control and as permitted by the App Store Terms of Service.
The Content may contain or embody copyrighted material, proprietary material or other intellectual property of Mindsail or its Content providers. All right, title and ownership in the Content remain with Mindsail or its Content providers, as applicable. The rights to download and use the Content are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with the Terms.
You may not make the Content available to any third parties or to the public generally.
By using the Service, you represent and warrant that (a) you are 18 years of age or older and you agree to be bound by these Terms; and (b) your use of the Service does not violate any applicable law or regulation. Your access to the Service may be terminated without warning if Mindsail believes, in its sole discretion, that you are under the age of 18 years.
If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
- No Unlawful or Prohibited Use
In order to ensure that Mindsail provides the best experience possible, we strongly enforce a no tolerance policy for unlawful or prohibited use (“Objectionable Use”). You agree that you will not use the Service or the Content or information available from the Service for, or to further any unlawful purpose. If you suspect there has been Objectionable Use of the Service or Content, please report the offense to us immediately.
Mindsail reserves the right to moderate all Content and ultimately decide whether or not to post a submission to the extent such Content includes, is in conjunction with, or alongside any, Objectionable Use. Objectionable Use includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) uploading, posting, emailing, transmitting or otherwise make available any content that is threatening, abusive, harassing, tortuous, invasive of another’s privacy or harmful to another party; (v) collecting or storing personal data about other users in connection with any objectionable use and conduct; or (vi) impersonation of another user or person.
You understand that by using the Service, you may encounter Content that may be deemed offensive, indecent, or objectionable. Nevertheles, you agree to use the Service at your sole risk and that Mindsail shall not have any liability to you for Content that may be found to be offensive, indecent or objectionable.
- User-Submitted Content
Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mindsail cannot guarantee that unauthorized third parties will never defeat our security measures or use you personal information for improper purposes, and we 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 such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
- Warranty and DIsclaimer
Except to the extent required by law, Mindsail has no special relationship with or fiduciary duty to you. Mindsail is a provider of online and mobile health and wellness Content. We are not a health care or medical Service provider, nor should the Service or the Content be considered medical advice. Neither the Content nor the User-Submitted Content is intended to be a substitute for professional medical advice, diagnosis, or treatment. Only your physician and other health care provider can do that. We make no representations or warranties of any kind, express or implied, about the veracity of any information provided, completeness, accuracy, reliability, suitability or benefits with respect to the Content contained in or accessed through the Service for any purpose. Any advice or other materials provided in the Service or Content are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. We are not liable or responsible for any consequences of your having read or been told about the Content as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of any Content or other materials and information published as part of the Service.
You acknowledge that Mindsail has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; or how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Any reliance you place on such information is therefore strictly at your own risk.
In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, or damages relating to the conduct of you or anyone else in connection with the Service, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from the use of or in reliance on the information or Content provided through the Service (including any information posted or placed by anyone other than Mindsail), even if Mindsail has been advised of the possibility of such damages.
THE SITE AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
MINDSAIL, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the extent any warranty exists under law that cannot be disclaimed, Mindsail, not Apple, shall be solely responsible for such warranty.
You shall defend, indemnify, and hold harmless Mindsail, its affiliates and each of its and its affiliates’ employees, contractors, directors, officers, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site and Service (save to the extent that a court of competent jurisdiction holds that such claim arose due to Mindsails’ own gross negligence or willful misconduct). Mindsail reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- Limitation of Liability
ALL LIABILITY OF MINDSAIL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE AND SERVICE IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF MINDSAIL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDSAIL, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT MINDSAIL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SERVICE FOR:
LOSS OF ACTUAL OR ANTICIPATED PROFITS;
LOSS OF REVENUE;
LOSS OF GOODWILL;
LOSS OF DATA;
LOSS OF ANTICIPATED SAVINGS;
WASTED EXPENDITURE; OR
COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
- Maintenance and Support
To the extent that any maintenance or support is required by applicable law, Mindsail, not Apple, shall be obligated to furnish any such maintenance or support.
- Product Claims
Mindsail, not Apple, is responsible for addressing any claims by you relating to the Service, including, but not limited to: (i) any product liability claim; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in these Terms shall be deemed an admission that you may have such claims.
- Third Party Intellectual Property Claims
Mindsail shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Service. To the extent Mindsail is required to provide indemnification by applicable law, Mindsail, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Service or your use of it infringes any third party intellectual property right.
We are committed to complying with copyright and related laws, and we require all users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
If you feel that Content or other information provided through the Servce is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is Elyse Colen.
If you believe that your work has been copied and posted on Mindsail in a way that constitutes copyright infringement, please provide our designated agent with the following information: (i) a description of where the material that you claim is infringing is located on the Service; (ii) your address, telephone number, and email address; (iii) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (iv) a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We may terminate or suspend access to our Service immediately, without prior notice or liability, with or without cause, for any reason whatsoever. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions, and the United States of America. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Any controversy or claim not resolved with you after 60 days arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California, unless you and Mindsail agree otherwise, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, we may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
© 2016 Mindsail Inc.
Last updated: October 3, 2016.
Collection of Information
Mindsail collects information from users of the Service in different ways. Some of the information is collected when you provide us with information and other information is collected through your use of the Service.
We collect information that you give to us. At the time you register, create an account, or fill in forms on the Service, or you send us a communication, we collect and store such information as you may provide. We may collect specific information such as your name, photograph, address, telephone number, credit or debit card or other payment information, e-mail address, a unique login name, password, password validation, or past, current or future geographic location. You have the option to provide demographic and other information (such as gender and birth date) to us. We encourage you to submit this information so we can provide you a more personalized experience.
We automatically collect certain information related to you but that does not personally identify you when you use the Service, such as your device identifier, IP address, operating system, the browser, web pages viewed, etc. We also automatically receive your location when you use the Service. Also, if you have your mobile device’s “background location” turned on, the Service will, from time to time, tell us about your device’s location even if you are not directly interacting with the Service. We use various technologies to determine location, such as location services of the applicable operating system or browser and sensor data from your device that may, for example, provide information on nearby Wi-Fi- access points and cell towers.
As most websites do, we use “cookies” to collect information about your use of the Service. Cookies are small files stored by your browser on your hard drive. We use the information that we collect in this way to better understand our users’ interaction with our Service and to optimize the user experience. Though most browsers automatically accept cookies, you are free to disable cookies in your browser settings, but please note that the full features of Service may be unavailable as a result.
Certain information you post or provide through Mindsail, such as your name, occupation, geographic location, photograph, profile, comments and reviews, may be shared with other users within the Mindsail community including without limitation, social media applications and other forums in which you choose to participate. Please keep in mind that if you choose to disclose personal information when posting comments or other information or content through Mindsail, this information may become publicly available and may be collected and used by others, including people outside the Mindsail community. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. We will not have any obligations with respect to any information that you post to parts of Mindsail available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.
Use and Disclosure of Information
In general, personal information and other information you submit or share with us is used by Mindsail to enable your access to and use of the Service; to provide, maintain, protect, develop and improve the Service; to customize the content and advertisements you receive from us and our trusted partners; and to offer you additional information, opportunities, promotions and functionality from us or on our behalf, or from our partners or our advertisers at your request.
We may use your IP address to help diagnose problems with our server, to manage our Service and to enhance our Service based on the usage pattern data we receive.
We may use your personal information for internal purposes such as auditing, data analysis, and research to improve our products and services.
We may use Google Analytics or similar analytics to better understand how visitors interact with our Service. Google Analytics provides non-personally identifiable data, including but not limited to data on where visitors came from, what actions they took on our Service and where visitors went when they left our Service. If you would like to learn more about Google Analytics, or about choices to opt out from it, please visit https://tools.google.com/dlpage/gaoptout.
Disclosure of Information
Also, in some circumstances, based on your specific requests, we may need to disclose your personal information to a third party so that they can provide a service you have requested from such party, or fulfill a request for information from such party. It is the responsibility of any third party that you authorize to receive data to protect that information in accordance with applicable laws, and use it only to provide the services or information you have requested. In some circumstances, we may disclose the personal information that you have provided to Mindsail to a third party that offers goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality.
We may use or disclose your personal information to resolve disputes, investigate problems, or enforce our Terms and Use. We may also disclose your personal information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your personal information under the circumstances described herein.
Your Choices Regarding Your Personal Information
We offer you choices regarding the collection, use and sharing of your personal information.
You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
The Service is not directed to individuals who are younger than 18 years old. Mindsail will never knowingly request or collect personal information from any person under 18 years of age.
If we become aware that an individual is under the age of 18 and has submitted any information to Mindsail for any purpose, we will delete his or her information from our files.
California law entitles residents to ask us for a notice describing what categories of personal information we share with third parties for those entities direct marketing purposes. Mindsail does not provide any personal information to third parties for their own direct marketing purposes. If you want to request a notice or have any questions about Mindsail privacy practices, please contact us at email@example.com.
Access to Your Information
If you wish to request access to, correct or delete any personal information that you have provided to us, please notify us by e-mail at firstname.lastname@example.org.
© 2016 Mindsail Inc.