Please read these Terms and Conditions for using Mindframe carefully (“Terms”). These Terms govern and apply to your access and use of the web application (“Web App”) offered by Mindframe (“we”, “our”, “us”, “Mindframe”). The terms “you”, “your”, and “yourself” refer to the individual user of the Web App.

By accessing or using the Web App, you agree to comply with and to be bound by all the terms and conditions described in these Terms. If you do not agree to all these terms and conditions, please do not proceed with, or promptly discontinue, use of the Web App.

You agree not to access or use the Web App in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit any of the following:

You shall not attempt to disrupt the operation of the Web App by any method, including through use of viruses, Trojan horses, worms, time bombs, keystroke logger, spyware, adware, denial of service attacks, flooding, or spamming. You shall not use the Web App in any manner that could damage, disable, or impair it or Mindframe. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper, malicious code, or other means to access the Web App for any purpose. You are solely responsible for anything you enter into the Web App.

To the fullest extent provided by applicable law: (i) in no event shall Mindframe, its affiliates, officers, employees, agents or contractors be liable for any indirect, consequential, punitive, incidental, or special damages, including, but not limited to, any personal injury, property damage, or unauthorized disclosure of your data, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use of the Web App; and (ii) Mindframe’s maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, in connection with these Terms or your use of the Web App will not exceed USD $100. Some jurisdictions do not allow liability limits, this clause applies where permitted.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you in their entirety. If you are a resident of a U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

It is your responsibility to ensure your Therapist receives your homework.

Mindframe does not guarantee the Web App will be always available, or free from error, defect, loss, delay, corruption, cyber attack, viruses, interference, hacking, malware, or other security intrusion, and Mindframe disclaims any liability relating thereto.

You agree to indemnify, defend, and hold harmless Mindframe, its agents and employees, from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (1) your use of the Web App; (2) any claims for bodily injury, or property damages to a third-party that results from your use of the Web App; (3) any claims related to your violation of these Terms or any policy set forth in these Terms; (6) your violation of any applicable laws and regulations or rights of any third-party, including any intellectual property rights, resulting from your use of the Web App; and (7) your gross negligence, willful misconduct or fraud.

Mindframe will provide the Web App using a commercially reasonable level of skill and care, will use commercially reasonable efforts to correct any non-compliant aspects and will use commercially reasonable efforts to maintain the security and privacy of your information.

However, other than as expressly listed in these terms, you hereby expressly agree that your use of the Web App is at your sole risk. You acknowledge and agree that the Web App is provided on an “as is” and “as available” basis. Mindframe and its employees, and agents (collectively “related persons”) make no representations or warranties and expressly disclaim any and all warranties of any kind, whether express or implied, with respect to the services including, but not limited to, any representations or warranties with respect to merchantability, fitness for a particular use or purpose, noninfringement, title, availability, security, operability, condition, value, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery or system integration. We make no warranties or representations that your use of the services will not infringe the rights of third parties.

The Web App is used to submit therapy homework (“Homework”) to your Therapist. The Homework is created by the Therapist and made available to you using the Web App. We do not warrant that the Homework made available to you in the Web App is accurate, correct, up-to-date, or error-free.

We do not guarantee if and when your Therapist will review your Homework.

The Web App cannot provide any medical device or diagnosis.

The Web App is not suitable for emergency medical needs. If you’re experiencing a mental health crisis, please call emergency services or seek out immediate medical attention. You agree that you will not bring any claims against us concerning any failure by us or the web app to detect or take any action in connection with any apparent mood, emotional state, wellbeing or other issues or any specific psychological, mental or other medical disorder concerning any person. Do not ignore or delay obtaining professional counseling or medical advice because of the Web App. Nothing stated, posted, or made available through the Web App is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

Mindframe is not obligated to report, on behalf of any user or others, any potential abuse to the authorities.

Mindframe may, at its sole discretion, at any time without prior notice to you: (1) change, restrict, suspend or terminate your access to the Web App; (2) discontinue the Web App, or any portion thereof; (3) set usage limits related to your use of the Web App; or (4) add, remove or modify any functionality available through the Web App.

Upon termination, your user account will be deactivated and any stored information, entered or accepted by you into the account may be deleted or archived such that such information is no longer available to you. Upon deactivation of your account, you will no longer be able to view or retrieve such information. Furthermore, upon deactivation of your account, you will no longer have access to the Web App.

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Web App. Your use of the Web App may also be subject to other local, state, national, or international laws.

If you have any concern or dispute about the Web App, you agree to first try to resolve the dispute informally by contacting Mindframe. If you’d like to opt out, email us within 30 days of agreeing to these Terms to reject arbitration.

You understand and agree that by entering into these terms, you and Mindframe are each waiving the right to trial by jury or to participate as a plaintiff or class member in any purported class action, class arbitration, other or representative proceeding.

Mindframe may update these Terms at any time without prior notice to you. Mindframe may notify you of the updated Terms by any reasonable means. The updated Terms will apply to your use of the Web App after the date on which Mindframe posted the updated Terms or otherwise notified you of those changes. By continuing to use or access the Web App after Mindframe posts or otherwise notifies you of any change, you accept the revised Terms.

The “Last Updated” date at the beginning of these Terms indicates the date on which the Terms were last updated.

If you have any questions about these Terms and Conditions, you can contact us by email at: hello@mindframe.care