December 08, 2023
1.1. This Agreement establishes the terms of use for the mobile application "Mind Power" (hereinafter referred to as the "Mobile Application"), the exclusive rights to which belong to the company FoxMind Inc., with the registered address at 1221 Brickell Avenue, Suite 900, Miami, Florida, 33131, United States of America (hereinafter referred to as the "Copyright Holder").
1.2. The Agreement is concluded between the Copyright Holder and the user of the Mobile Application (hereinafter referred to as the "User") in accordance with the legislation of the United States of America by the User performing specific actions.
1.3. The Agreement is considered concluded from the moment the User installs the Mobile Application on their mobile device and logs in to the Mobile Application.
1.4. The installation of the Mobile Application by the User on their mobile device signifies their complete and unconditional acceptance of the terms of the Agreement. If the User does not accept the terms of the Agreement in full, the User does not have the right to use the Mobile Application for any purpose.
1.5. The Mobile Application contains practices for working with one's thoughts and consciousness. These exercises are presented in the form of meditations, affirmations, wisdom, nature sounds, and other useful features. Each practice is accompanied by a brief description and instructions for its implementation, which are recommendatory. The Copyright Holder is not liable for the User's utilization of the Mobile Application, its content, recommendations, and exercises.
1.6. The Mobile Application is intended solely for personal use. If the Copyright Holder determines that the Mobile Application has been used beyond its intended purposes, the Copyright Holder may suspend or permanently terminate the membership of such User. By accepting this Agreement, the User agrees not to seek any compensation in situations described in this section.
1.7. The use of the Mobile Application is allowed globally, across all countries.
2.1. The following terms and definitions are used in this Agreement:
Mobile Application: the mobile application "Mind Power" is a software version (application) designed for installation on a Mobile Device running on the Android and iOS operating systems. The Mobile Application is exclusively available on Google Play and Apple AppStore.
Mobile Device: an electronic device (tablet, smartphone, pocket personal computer, etc.) in the personal possession of the User, equipped with the Mobile Application and having an Internet connection.
User: an individual who has entered into this Agreement for the right to use the Mobile Application.
Copyright Holder: FoxMind Inc.
3.1. The download of the Application to the mobile device is free.
3.2. The Copyright Holder grants the User of the Mobile Application a non-exclusive, non-transferable, perpetual right to use the Mobile Application in accordance with the paid subscription period.
3.3. The Copyright Holder determines which content and features within the Mobile Application are paid and which are free.
3.4. Prices set for products within the application and for the subscription of the Mobile Application are valid at the time of purchase. However, the Copyright Holder reserves the right to unilaterally change these prices at any time without notice.
3.5. Any free trial version or other promotional offer that provides access to a paid service must be used within the specified trial period. The User must discontinue the use of the Paid Service before the end of the trial period to avoid charges for this Paid Service.
3.6. The User is not allowed to:
3.7.The User accesses the Mobile Application using the registration data provided by the User during the registration process in the Mobile Application.
4.1. Only users who qualify as consumers and do not pursue commercial or professional purposes have the right to cancel purchases.
4.2. As the Application is directly downloaded by the User through the Internet, the User has the right to reject the Application by uninstalling it from the mobile device.
4.3. The process for canceling in-app purchases is regulated by the general terms and conditions of the App Store or Google Play Store. The Copyright Holder retains the right to charge and withhold payments for any services acquired by the User.
5.1. The functionality of the Mobile Application may vary slightly depending on the operating system of the User's Mobile Device.
5.2.User Responsibilities
5.3.The User is responsible for all actions performed by them in the Mobile Application.
5.4. The actions performed by the User in the Mobile Application may be recorded by the technical means of the Copyright Holder in the form of log files. In the event of a dispute, the Parties acknowledge log files as evidence of the stated actions, with priority given to the information from log files recorded and provided by the Copyright Holder. The Parties have the right to take measures to preserve log files for a certain period, but this is not an obligation of the Parties.
5.5. The Copyright Holder reserves the right to make changes to the functionality of the Mobile Application at any time without prior notice to the User.
5.6. The Copyright Holder has the right to limit the User’s ability to use the Mobile Application. The above-mentioned actions may be taken by the Copyright Holder without prior notice to the User, including cases where the User fails to comply with the terms of the Agreement and/or violates them, breaches the requirements of the legislation of the United States of America, and in other cases at the discretion of the Copyright Holder.
5.7. The User of the Mobile Application may discontinue the use of the Mobile Application at any time.
6.1. The User does not acquire exclusive rights to use or any rights to transfer the Mobile Application.
6.2. The Mobile Application may contain images, audio, and video materials that are objects of intellectual property. The rights to all objects constituting the design of the Mobile Application as a whole and its individual elements, as well as the software of the Mobile Application, belong to the Copyright Holder.
6.3. The rights to the content included in the Mobile Application (text, visual, audio/video content, etc.) belong to its lawful Copyright Holder. For the violation of the exclusive rights of the content's Copyright Holder, the User is liable in accordance with the legislation of the United States of America.
6.4. By commencing the use of the Mobile Application, the User guarantees not to engage in, and will refrain from, any actions aimed at circumventing the technical means of protection against unauthorized use of the content. Any copying, reproduction, modification, distribution, disclosure to the public, circumvention of technical protection measures, or other use of content beyond the capabilities provided by the Mobile Application, as well as any commercial use of the content, is prohibited.
7.1. The Copyright Holder provides the User with the Mobile Application, as well as any information contained in the Mobile Application, on an "as is" basis without warranties of any kind.
7.2. The Copyright Holder is not liable to the Users of the Mobile Application, directly or indirectly, for any circumstances in which the functioning of the Mobile Application is interrupted or disrupted. This includes situations such as the unavailability of the Mobile Application or wireless services, communication services, network delays, system outages, or interruptions in the wireless connection.
7.3. The Copyright Holder is not responsible for any wireless communication services used to access and use the Mobile Application. The Company is also not responsible for the operation of the Mobile Device of the Mobile Application User.
7.4. Under no circumstances shall the Copyright Holder be liable to the User for losses, including any direct, indirect, intentional, incidental, or consequential damages of any nature caused to the User as a result of the use or inability to use the Mobile Application.
7.5. The Copyright Holder is not responsible for the use of the Mobile Application from the User's Mobile Device by third parties. Consequently, all actions performed from the User's Mobile Device are considered to be the User's actions. In the event that any person gains access to the Mobile Application through the User’s authentication data and has the ability to use it on behalf of the User, the User is obliged to immediately notify the Company. Otherwise, all actions performed on behalf of the User using the Mobile Application will be regarded as actions performed directly by the User.
7.6. The copyright holder is not responsible for the violation of the terms of this Agreement if such violation is caused by an extraordinary event or circumstances (force majeure), including, but not limited to: actions and decisions of state authorities and/or local government, fire, flood, earthquake, other natural disasters, actions, lack of electricity and/or computer network failures, strikes, civil unrest, riots, or any other circumstances that may affect the Copyright Holder’s compliance with the terms of the Agreement.
7.7. The Copyright Holder is not responsible for non-fulfillment or improper fulfillment of their obligations if this is caused by the actions or inaction of the User beyond the control of the Copyright Holder, including as a result of erroneous actions or inaction of the User using the Mobile Application.
8.1. The User agrees and grants the Copyright Holder the right to process (including transfer, subject to the requirements of the current legislation of the United States of America) the following data:
8.1.1.Name, email address, as well as other information about the User, independently entered by them into the interface of the Mobile Application. The processing of the specified information is carried out by the Copyright Holder for the purpose of providing access to the functionality of the Mobile Application.
8.1.2. Information about the model and technical characteristics of the Mobile Device, IMEI number, network operator, the language used in the Mobile Device, and time zone. The processing of the specified information is carried out by the Copyright Holder for the purpose of enhancing the security of using the Mobile Application, including detecting deviations from the most typical ways of using the Mobile Application;
8.1.3. Information about the version of the Mobile Application, the version of the installed operating system, the amount of RAM and storage memory, and the model of the Mobile Device's processor. The processing of the specified information is carried out by the Copyright Holder for the purpose of improving the quality of the Mobile Application, analyzing errors in the operation of the Mobile Application;
8.1.4. Information about the actions performed by the User in the Mobile Application, as well as other information about the Mobile Device that does not require special permissions for the operation of the Mobile Application — for the purpose of forming product offers by the Copyright Holder.
8.2. Actions with personal data for which consent is given: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, depersonalization, blocking, deletion, destruction of personal data.
8.3. The Copyright Holder carries out automated data processing obtained from the User.
8.4. This consent is valid throughout the entire period of using the Mobile Application.
8.5. By using the Mobile Application, the User acknowledges that they have reviewed the terms outlined in the Agreement and other associated documents that articulate the policy governing the processing of personal data. These documents include information detailing the standards for safeguarding personal data, as established by the Copyright Holder. Furthermore, the User affirms their understanding of the rights afforded to a data subject.
8.6. The User of the Mobile Application gives their consent to receive messages from the Copyright Holder related to the use of the Mobile Application, including in the form of PUSH notifications, as well as to the email address.
9.1. The Copyright Holder reserves the right to modify the terms of the Agreement at any time without prior notice to the User of the Mobile Application. The most up-to-date version of the Agreement can be accessed by the User on the internet page through the http://appmindpower.com/agreement/en.
9.2. By continuing to use the Mobile Application, the User agrees to accept all modifications. Should the User disagree with the revised terms of the Agreement, they are required to discontinue using the Mobile Application.
9.3. The Agreement applies to all subsequent updates and new versions of the Mobile Application. The User acknowledges and accepts the terms of the Agreement for the respective updates or new versions of the Mobile Application unless the update or installation of a new version is accompanied by a separate license agreement.
9.4. The Copyright Holder reserves the right to unilaterally and extrajudicially terminate the Agreement and revoke the license from any User at any time. In such a case, the Agreement is deemed terminated upon the notification sent to the User via the Mobile Application (through a PUSH notification) or an email.
9.5. This Agreement, terminated for any reason, remains in effect concerning the unfulfilled obligations of the Parties until such obligations are fully fulfilled.
9.6. Any violation of the terms of the Agreement by the User results in the termination of the license. If the Mobile Application is used after the license has been terminated, the User is held accountable in accordance with the laws of the United States of America. In such a scenario, the Agreement is considered terminated at the moment a notification is sent to the User via the Mobile Application (through a PUSH notification) or an email is dispatched to the provided email address.
9.7. Any disputes or disagreements arising under this Agreement shall be resolved through negotiations, following the mandatory claims procedure. The User's claim directed to the Copyright Holder must be submitted by mail exclusively to the Copyright Holder's registered address.
Claims sent by other means than the one specified above are not considered officially received by the Copyright Holder.
The timeframe for claim consideration is 30 (thirty) calendar days.
9.8. Disputes that remain unresolved by the Parties through the claim procedure shall be subject to resolution in the Arbitration Court in Miami, Florida.
9.9. The Agreement shall be governed by and construed in accordance with the laws of the United States of America. Any matters not addressed by this Agreement shall be resolved in accordance with the laws of the United States of America.
9.10. If, for any reason, one or more terms of the Agreement are found to be invalid or unenforceable, it does not affect the validity or legal force of the remaining terms of the Agreement.