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TERMS AND CONDITIONS

The standards for our engagement

These Terms govern the use of this Application and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully.

Summary OF TERMS

This Application is provided by:

2Mynds, Inc. ; located at SW Corner of Ocean and Mission Street, Suite 201 Carmel-by-the-Sea, CA 93921
Owner contact email: [email protected]

“This Application” refers to:

  • This website, including its subdomains and any other website through which the Owner makes its Service available;
  • The Service;
  • Any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the User should know at a glance

  • Usage of this Application and the Service is age restricted, as detailed in the relevant section of this document.
  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
  • Minors may access this Application and use its Service only under parental or adult supervision.

1. General information

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.2Mynds.com (the “Website”), through our web applications or via other delivery methods to you (the Website and such content, products, services and the web applications are collectively referred to herein as the “Service” or “Services”, which may be updated from time-to-time at the sole discretion of 2Mynds). Please read these terms and conditions carefully before ordering any Services. The terms “2Mynds,” “us” or “we” refers to 2Mynds, Inc. The term “Device” refers to the device that is used to access the Services, including but not limited to computers, smartphones, and tablets. The term “you” refers to the user of the Services. When you order (“Order”) any Services or otherwise use or access the Services, you agree to be bound by these Terms and all applicable laws, rules, and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Services. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Services. Our contact email address is [email protected]. All correspondence to 2Mynds, including any queries you may have regarding your use of the Services or these Terms, should be sent to this email address.

1.1 ARBITRATION NOTICE AND CLASS ACTION WAIVER

TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE: YOU AND 2MYNDS AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.2 BASIS OF LICENSE

(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Services. In order to participate in certain Services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of 2Mynds.

(c) AS PART OF YOUR USE OF THE SERVICES, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.

1.3 CHANGES TO TERMS

2Mynds reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.2mynds.com. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.

2. USERS AND PURCHASES

(a) You may sign up as a registered user of the Services (a “User”). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one User account.

(b) In the course of your use of the Services, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the 2Mynds Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

(c) By registering for a 2Mynds account, the Services, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Services does not violate any applicable law or regulation.

(d) You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image, or photograph. You also agree to promptly notify us at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services.

2.2 ONCE A USER

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

2Mynds user accounts are personal and not transferable and therefore you agree to not sell, transfer, or exchange user accounts in any way or under any circumstance.

We may suspend or terminate your account and your ability to use the Services or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

2.3 USE OF 2MYNDS BY MINORS

You must be 13 years of age to sign up as a registered user of the Services. Individuals under 13 can use the service when purchased by a parent and supervised by a parent.

Individuals over 13 years of age but under the age of 18 may only purchase the Services under parental or adult supervision or agreement. If you are under 18 and you are using the Services as part of an organization, you represent that a parent or guardian has agreed to these Terms & Conditions through the organization.

2.4 SERVICE PURCHASES

(a) You agree to pay for all services provided through 2Mynds that are ordered through your account. You authorize 2Mynds to charge your credit card (or other payment instrument) for any services purchased and for any additional amounts (including any applicable taxes, late fees, and associated bank fees) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing 2Mynds with a valid credit card or form of payment for all fees. All fees will be billed to the credit card you designate during the registration process.

 (b) If you wish to designate a different credit card or form of payment, then you are solely responsible for changing such information online in your account setting. You agree to promptly notify 2Mynds of any changes to the Payment Method you provided while any subscriptions remain outstanding.

(c) All purchases made directly through a 2Mynds representative or through 2Mynds’ website are final.

(d) In the course of your use of the Services, 2Mynds and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to 2Mynds and 2Mynds’ third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

(e) Our obligation to provide the Services only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the Services purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Services purchased through 2Mynds for commercial purposes..

2.5 SUBSCRIPTIONS

a) You may have access to a free trial period of a 2Mynds’ Service, which automatically converts to a paid annual subscription term after 30 days. In such instances, you can disable the automatic conversion by following the cancellation instructions set forth in section 3 prior to the date of conversion. You are only allowed one Free Trial regardless of your subscription method. We reserve the right to determine eligibility for Free Trials, which may vary based on factors including the Product or Service you select and whether you have redeemed a Free Trial previously.

(b) You may access 2Mynds Services via an annual subscription option or via a one-time payment depending on the Services you purchase. For the purposes of our one-month free trial and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. There are no monthly subscriptions available.

(c) Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that 2Mynds is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before the renewal date in order to avoid billing the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

(d) For teams and organizations purchasing multiple subscriptions for a team or group of users, the same standards apply pertaining to the yearly subscription; no refunds for any members on subscriptions even if a group package is purchased.

2.6 CORPORATE AND OTHER CONSUMER COMMUNITIES

Many consumer communities (corporations, professional sports organizations, universities, academies, etc.) (“Community” or “Communities”) purchase and introduce the Services to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for 2Mynds access. In such an event, these Community terms and conditions shall also apply to your use of the Services. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.

These communities may purchase services through bundle packages for service to multiple users. Due to the thoroughness of pricing negotiations during the proposal process, once a purchase is made for a bundle package, there will be no refunds issued for any services.

(a) Payment for organizations: payment terms are outlined in a separate agreement, which may include specific payment schedules, rates, and conditions tailored to the organization’s needs. Unless otherwise specified in the separate agreement, payment for services is due on the date the service is provided. We accept payments via Stripe or bank wire transfer. If paying via bank wire, instructions will be provided separately. All payments must be made in accordance with the payment terms outlined in the applicable agreement, and failure to remit payment on time may result in suspension or termination of services.

(b) Termination: Organizations wishing to terminate the agreement must provide written notice to us at least 30 days in advance of the desired termination date. Upon receipt of such notice, we will acknowledge the request and confirm the termination process. Please note that reimbursement for any pre-paid amounts, if applicable, will be determined at the sole discretion of 2Mynds, based on the services provided up until the termination date. Any outstanding balances or fees due at the time of termination must be settled in full prior to the termination being finalized.

2.7 CHANGING FEES AND CHARGES

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you. We do our best to provide all notice through the initial proposal process.

For organizations with separate agreements in place, please note that additional exceptions or terms regarding fees, charges, or pricing adjustments may apply. Any such exceptions or adjustments will be outlined in the specific agreement between the organization and 2Mynds, and such agreements will take precedence over the general terms outlined in this section.

3. CANCELLATION OF SERVICES

3.1 CANCELLATION BY YOU

(a) You may cancel the one-month free trial at any time during the 30 calendar days following the start of the free trial. Cancellation is effective at the end of the 30 calendar days. Therefore, users will have access to their account until the 30-day period is complete.

(b) You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period.

(c) Please make any such cancellation on your account page or by emailing [email protected]

3.2 CANCELLATION BY US

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of our audio or video content from the Services.

3.3 PROMOTION AND DISCOUNT CODES

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

4. PROHIBITED USE OF THE SERVICES

4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services. You may not access the Services in an unauthorized manner.

4.2 You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.

4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

4.4 You agree not to use the Services for any purposes related to scientific research, analysis or evaluation of the Services without the express written consent of 2Mynds.

5. MATERIALS OFFERED THROUGH THE SERVICES

5.1 COPYRIGHT

(a) All materials materials (including software and content whether downloaded or not) contained in the Services are owned by 2Mynds (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

(b) You acknowledge and agree that certain materials on or in the Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.

(c) Audio or video content from 2Mynds not explicitly indicated as downloadable may not be downloaded or copied from the Services or any Device.

 (d) The Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Services for commercial purposes without obtaining a written license to do so from us. Material from the Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Services and may subject you to legal liability. You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

(e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. 2Mynds will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

5.2 TRADEMARKS

2Mynds®, the 2Mynds logo and all other 2Mynds Service or service marks are trademarks of 2Mynds. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Services is strictly prohibited. 2Mynds will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

6. AVAILABILITY OF SERVICES

6.1 While there is third-party evidence from research that mental fitness can contribute to prevention and recovery processes for a wide array of conditions as well as in improving performance, 2Mynds makes no claims, representations, or guarantees that the Services provide a therapeutic benefit.

6.2 Your access to the Services may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing [email protected].

7. user content

“User Content” is any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology (whether now known or later developed) and other materials that are uploaded, submitted, posted, transmitted, modified, linked, shared, stored or otherwise made available to or on the Services by you or other users of the Services. You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the Services. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner.

You acknowledge and agree that we may publish, transmit, perform, display, store, distribute, reproduce, modify, rearrange, create derivative works from, and otherwise use all or any portion of User Content for the purpose of administering the Services and carrying on the business of 2Mynds. You further acknowledge and agree that third parties who provide services to 2Mynds may have access to your User Content and use it in connection with their policies and practices and subject to any agreement they may have with 2Mynds.

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Services and third party web sites) for any and all purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “User Content License”).

By creating User Content, you represent and warrant that the User Content conform to the User Conduct guidelines set forth in these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms (including the User Content License). These Terms (including the User Content License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to User Content.

You further acknowledge that aspects of the Services may be public and accessible by anyone who visits or uses the Services. In addition to the rights granted to us and our service providers, your use of the Services may allow other users to have access to your User Content which they might copy, modify, distribute, or rely upon even without your express permission to engage in that conduct. Further, you agree to evaluate, and bear all risks associated with, the use of any User Content, including reliance on the accuracy, completeness or usefulness of User Content and any risk that others may be able to identify you based on your User Content.

8. LINKS TO WEBSITES/HOME PAGE

8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Services must not be framed on any other website, nor may you create a link to any part of the Services unless you have written permission to do so from 2Mynds. We reserve the right to withdraw linking permission with written notice. If you wish to make any use of material on or in the Services other than that set out above, please address your request to [email protected].

9. SERVICES DISCLAIMER

The information contained in the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

10. MEDICAL DISCLAIMER

10.1 2Mynds is a provider of online and mobile mental fitness, meditation, and movement content in the health & wellness space. We are not a health care or medical device provider, nor should our Services be considered medical advice. Only your physician or other health care provider can do that. While there is third-party evidence from research that mental fitness can contribute to prevention and recovery processes for a wide array of conditions as well as in improving performance, 2Mynds makes no claims, representations, or guarantees that the Services provide a therapeutic benefit.

10.2 Any health information and links on the Services, whether provided by 2Mynds or by contract from outside providers, are provided simply for your convenience.

10.3 To the extent that you participate in any workouts featured in the Services, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, including 2Mynds workouts, especially if you have a prior injury, a history of heart disease, high blood pressure, or other chronic illness or condition. You acknowledge that 2Mynds has advised you of the necessity of doing so.

10.4 Any advice or other materials in the Services 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. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of you having read or been told about such advice or other materials 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 the advice, other materials and information published as part of the Services.

10.5 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice like in the 2Mynds’ workouts, mind flows or audio guides.

11. end user license

11.1 2MYNDS PROPRIETARY RIGHTS

You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by 2Mynds or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Software, in whole or in part.

11.2 YOUR ACCESS RIGHTS

Subject to your compliance with these Terms, 2Mynds grants you a personal, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by 2Mynds for use in accessing the Services.

12. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE

12.1 We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services 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.

12.2 If you feel that a posted message 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 listed below.

12.3 If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Services;

(d) Your address, telephone number, and email address;

(e) 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

(f) 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.

(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:

E-Mail: [email protected] ;  Subject line: DMCA

13. GENERAL TERMS AND CONDITIONS

13.1 ASSIGNMENT BY US

2Mynds may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

13.2 INDEMNITY BY YOU

You agree to defend, indemnify and hold 2Mynds and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Services, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Services, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Services; or (iv) your breach or violation of the law or of these Terms. 2Mynds reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with 2Mynds defense of such claim.

13.3 WARRANTIES AND LIMITATIONS

(a) This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

(b) We warrant to you that any Service purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.

(c) We warrant that we will use reasonable skill and care in making the Services available to you during your subscription.

(d) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Services. In no event shall 2Mynds be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or other activities you undertake in connection with your use of the Services, unless caused by 2Mynds’s gross negligence, recklessness, or willful misconduct.

(e) The Services and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Services or their content. We assume no liability or responsibility for any errors or omissions in the content of the Services, or any failures, delays, or interruptions in the provision of the Services. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Services. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services. We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties.

(f) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

13.4 NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

13.5 FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

13.6 INTERPRETATION

In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

13.7 ELECTRONIC COMMUNICATIONS

(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.

(c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at [email protected]

(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.

(e) To receive and view an electronic copy of the communications you must have the following equipment and software:

  • A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
  • An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.

(g) You can also contact us via email at [email protected] to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Services.

(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.

13.8 NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to 2Mynds at [email protected]. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

13.9 ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

13.10 THIRD PARTY RIGHTS

A person who is not party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms.

13.11 LIMITATION OF 2MYNDS’ LIABILITY

(a) We will use reasonable endeavors to remedy faults in the Services. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Services in question. In addition, we will not be liable for:

  • Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
  • Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Services, or from transmissions via emails or attachments received from us.
  •  Any use of websites linked to the Services but operated by third parties.

(b)TO THE FULLEST EXTENT PERMITTED BY LAW, 2MYNDS AND ITS AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SERVICES, OR LOST BUSINESS OR LOST SALES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE SERVICES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR THROUGHOUT THE SERVICES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT, IF ANY, PAID BY YOU TO 2MYNDS FOR YOUR USE OF THE SERVICES IN QUESTION.

(c) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Services. In no event shall 2Mynds be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or other activities you undertake in connection with your use of the Services.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13.12 ARBITRATION

DISPUTE RESOLUTION AND BINDING ARBITRATION PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH 2MYNDS, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM 2MYNDS INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and 2Mynds are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by 2Mynds. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse 2Mynds for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(c) Authority of Arbitrator. The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of you and 2Mynds. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and 2Mynds.

(d) Jury Trial Waiver. Except where not permitted by law, you and 2Mynds waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and 2Mynds elect to have claims and disputes resolved by arbitration. In any litigation between you and 2Mynds over whether to vacate or enforce an arbitration award, you and 2Mynds waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND 2MYNDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor 2Mynds are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below.

(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor 2Mynds can force the other to arbitrate. To opt-out, you must notify 2Mynds in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your 2Mynds account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to the following email addresses: 2Mynds, Inc., ATTN: Arbitration Opt-out, [email protected]

(g) Small Claims Court. Notwithstanding the foregoing, either you or 2Mynds may bring an individual action in small claims court.

(h) Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.

(i) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with 2Mynds.

13.13 EXCLUSIVE VENUE

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and 2Mynds agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District  Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and 2Mynds consent to the personal jurisdiction of both courts.

13.14 CHOICE OF LAW

Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

13.15 SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

These Terms are effective and were last updated on July 3, 2024.

2Mynds, Inc. is located at SW Corner of Ocean and Mission Street, Suite 201 Carmel-by-the-Sea, CA 93921