{"id":299,"date":"2020-03-05T10:57:50","date_gmt":"2020-03-05T10:57:50","guid":{"rendered":"https:\/\/www.mindspa.me\/?page_id=299"},"modified":"2024-03-19T15:29:16","modified_gmt":"2024-03-19T15:29:16","slug":"terms","status":"publish","type":"page","link":"https:\/\/mindspa-dev.ru\/en\/terms\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"
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Terms of Service<\/h2>\n <\/div>\n <\/section>
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English version<\/a> \ud83c\uddec\ud83c\udde7<\/em> - \u0420\u0443\u0441\u0441\u043a\u0430\u044f \u0432\u0435\u0440\u0441\u0438\u044f<\/a> \ud83c\uddf7\ud83c\uddfa<\/em> - Versione italiana<\/a> \ud83c\uddee\ud83c\uddf9<\/em> - Versi\u00f3n en espa\u00f1ol<\/a><\/em> \ud83c\uddea\ud83c\uddf8<\/code><\/p>\n\n\n\n

Welcome to Mindspa! Mind Solutions Ltd (\u201cMindspa\u201d) provides our website located at www.mindspa-dev.ru<\/a> (the \u201cSite\u201d) and our self-improvement services accessible via our Site and our mobile device application (\u201cApp\u201d). To make these Terms easier to read, the Site, our services and App are collectively called the \u201cServices.\u201d Please read these Terms of Service (the \u201cTerms\u201d) carefully because they govern your use of our Services.<\/p>\n\n\n\n

Agreement to Terms<\/strong><\/p>\n\n\n\n

By using our Services, you agree to be\nbound by these Terms. If you don\u2019t agree to be bound by these Terms, do not use\nthe Services.<\/p>\n\n\n\n

Privacy Policy<\/strong><\/p>\n\n\n\n

Please refer to our Privacy Policy<\/a> for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.<\/p>\n\n\n\n

Data Retention Policy<\/strong><\/p>\n\n\n\n

Please refer to our Data Retention Policy<\/a> for information on retention period and method of destruction of user data. You acknowledge and agree that your use of the Services is subject to our Data Retention Policy.<\/p>\n\n\n\n

Changes to Terms or Services<\/strong><\/p>\n\n\n\n

We may modify the Terms at any time, in\nour sole discretion. If we do so, we\u2019ll let you know either by posting the\nmodified Terms on the Site or through other communications. It\u2019s important that\nyou review the Terms whenever we modify them because if you continue to use the\nServices after we have posted modified Terms on the Site, you are indicating to\nus that you agree to be bound by the modified Terms. If you don\u2019t agree to be\nbound by the modified Terms, then you may not use the Services anymore. Because\nour Services are evolving over time we may change or discontinue all or any\npart of the Services, at any time and without notice, at our sole discretion.<\/p>\n\n\n\n

Arbitration Notice<\/strong><\/p>\n\n\n\n

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the \u201cArbitration\u201d section below, and except<\/span> for certain types of disputes described in the \u201cArbitration\u201c section below, you agree that disputes between you and Mindspa will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.<\/p>\n\n\n\n

Risk Assessment and Eligibility<\/span><\/strong><\/p>\n\n\n\n

At Mindspa, we take the safety of our users and their data at paramount importance. Our Risk Management Process includes identification, assessment, mitigation, monitoring, and reporting risks. <\/span>We periodically review threats and risks that might arise, evaluate the likelihood of them happening and the impact they might have, implement changes to processes in order to reduce the impact and likelihood of them happening, putting in place response plans if they do happen. Finally, we continually review the progress and check if risks have occurred but was missed, and communicate the effectiveness of the risk plan to our stakeholders.<\/p>\n\n\n\n

All information on our apps and website has been created as an educational resource and should not be used as a substitute for proper and personalized professional medical advice or be used to make decisions about your health.\u00a0Mindspa cannot answer any medical queries either through the apps or via email or any other means.<\/span><\/p>\n\n\n\n

Mindspa has been created as a self-help tool for those who experience mental health related issues and\/or want to learn more about applied psychology. We feel as though our app could help those who cannot afford nor access traditional therapy. Our app has not been made for those who suffer from severe harmful or pathological mental health conditions.<\/span><\/p>\n\n\n\n

When appropriate, we signpost users towards other organizations who may be able to help users if they are having suicidal thoughts or struggle with addictions. We also further signpost other organizations which may be able to help individuals using the app. It is important to remember that Mindspa is not and should not be used as a medical device or in place of professional medical advice. The app helps guide you and is to be used as a tool for self-growth. It should not be used as an exclusive diagnostic or therapeutic tool.<\/span><\/p>\n\n\n\n

You may use the Services only if you are 18 years or older \u2013 or as otherwise indicated by the Apple and Google Stores \u2013 and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled \u201cPurchases\u201d below), you must be 18 years or older and capable of forming a binding contract.<\/span><\/p>\n\n\n\n

For any queries, feedback or comments regarding therapeutic techniques and scientific methodologies used in the app various features, you can refer to Elena Ershova, our Clinical Safety Officer. Elena Ershova holds a PhD in Psychology from Tomsk State University and a Psychological First Aid certification from John Hopkins University. She is a clinical psychologist and a psychology teacher. She is also co-founder of Mindspa. She can be reached at lena@mindspa-dev.ru.<\/span><\/p>\n\n\n\n

Eligibility<\/strong><\/p>\n\n\n\n

You may use the Services only if you\nare 13 years or older \u2013 or as otherwise indicated by the Apple and Google\nStores, whichever is higher — and are not barred\nfrom using the Services under applicable law. To make a purchase via the\nServices (described in the Section titled \u201cPurchases\u201d below), you must be 18\nyears or older and capable of forming a binding contract.<\/p>\n\n\n\n

Registration and Your Information<\/strong><\/p>\n\n\n\n

If you want to use certain features of\nthe Services you\u2019ll have to create an account (\u201cAccount\u201d). You can do this via\nthe App. <\/p>\n\n\n\n

It\u2019s important that you provide us with\naccurate, complete and up-to-date information for your Account and you agree to\nupdate such information, as needed, to keep it accurate, complete and\nup-to-date. If you don\u2019t, we might have to suspend or terminate your Account.\nYou agree that you won\u2019t disclose your Account password to anyone and you\u2019ll\nnotify us immediately of any unauthorized use of your Account. You\u2019re\nresponsible for all activities that occur under your Account, whether or not\nyou know about them.<\/p>\n\n\n\n

Using the Services<\/strong><\/p>\n\n\n\n

Via the Services, users can select from\na variety of options to create a customized self-improvement\npath. You can also use the paid functionality of the\nServices to utilize the enhanced functionality of the Services or purchase\nitems that are offered for sale through the Services (the \u201cProducts\u201d), as\ndescribed in further detail under the Section titled \u201cPurchases\u201d below.<\/p>\n\n\n\n

You understand and agree that the\nServices, Products and any other information you learn from Mindspa are not intended, designed, or implied to\ndiagnose, prevent, or treat any condition or disease, to ascertain the\nstate of your health, or to be a substitute for professional medical care.\n Not all activities described on the Services or Products are suitable for\neveryone. Do not use the Services while driving, operating heavy machinery, or\nperforming other tasks that require attention and concentration. You understand\nand agree that you are solely responsible for your use of the Services.<\/p>\n\n\n\n

Purchases<\/strong><\/p>\n\n\n\n

Fees<\/strong><\/p>\n\n\n\n

Mindspa offers certain enhanced features of the Services which you can purchase. A description of features associated is available via the Services. When you purchase a Product (each, a \u201cTransaction\u201d), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, \u201cPayment Information\u201d). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order.  If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Mindspa may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an \u201cApp Provider\u201d), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.  You\u2019ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Mindspa until accepted and confirmed by Mindspa. All payments made are non-refundable<\/a> and non-transferable except as expressly provided in these Terms.<\/p>\n\n\n\n

If you have any concerns or objections\nregarding charges, you agree to raise them with us first and you agree not to\ncancel or reject any credit card or third party payment processing charges\nunless you have made a reasonable attempt at resolving the matter directly with\nMindspa.<\/p>\n\n\n\n

Mindspa reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Mindspa deems appropriate in its sole discretion. Mindspa also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Mindspa will either not charge you or refund the charges for orders that we do not process or cancel.<\/p>\n\n\n\n

Braintree Payments<\/strong><\/p>\n\n\n\n

Mindspa uses Braintree, a division of\nPayPal, Inc. (Braintree) for payment processing services. By using the\nBraintree payment processing services you agree to the Braintree Payment\nServices Agreement available at https:\/\/www.braintreepayments.com\/legal\/gateway-agreement<\/a>, and the applicable bank agreement available at https:\/\/www.braintreepayments.com\/legal\/cea-wells<\/a>.<\/p>\n\n\n\n

More information about Braintree terms of service can be found at the following links: https:\/\/www.braintreepayments.com\/legal\/payment-services-agreement<\/a>, https:\/\/www.braintreepayments.com\/legal\/bank-agreement<\/a>.<\/p>\n\n\n\n

Apple Payments<\/strong><\/p>\n\n\n\n

Mindspa uses Apple, Inc. for payment processing services. By using the Apple payment processing services you agree to the Apple Media Services Terms and Conditions at https:\/\/www.apple.com\/legal\/internet-services\/itunes\/us\/terms<\/a>.<\/p>\n\n\n\n

Changes to Price <\/strong><\/p>\n\n\n\n

Mindspa reserves the right to change its pricing terms for\nProducts at any time. Changes to the pricing terms will not apply\nretroactively and will only apply for future purchases.<\/p>\n\n\n\n

Future Functionality<\/strong><\/p>\n\n\n\n

You agree that your purchases are not\ncontingent on the delivery of any future functionality or features, or\ndependent on any oral or written public comments made by Mindspa regarding future functionality or features.<\/p>\n\n\n\n

Feedback<\/strong><\/p>\n\n\n\n

We welcome feedback, comments and\nsuggestions for improvements to the Services or Products (\u201cFeedback\u201d). You can\nsubmit Feedback by emailing us at contact@mindspa-dev.ru<\/a>. You grant to us a non-exclusive, worldwide,\nperpetual, irrevocable, fully-paid, royalty-free, sublicenseable and\ntransferable license under any and all intellectual property rights that you\nown or control to use, copy, modify, create derivative works based upon and\notherwise exploit the Feedback for any purpose.<\/p>\n\n\n\n

Content and Content Rights<\/strong><\/p>\n\n\n\n

For purposes of these Terms, (i)\n\u201cContent\u201d means text, graphics, images, music, software, audio, video, works of\nauthorship of any kind, and information or other materials that are posted,\ngenerated, provided or otherwise made available through the Services; and (ii)\n\u201cUser Content\u201d means any Content that users (including you) provide to be made\navailable through the Services. Content includes without limitation User\nContent.<\/p>\n\n\n\n

Content Ownership<\/strong><\/p>\n\n\n\n

Mindspa does not claim any ownership rights in any User\nContent and nothing in these Terms will be deemed to restrict any rights that\nyou may have to use and exploit your User Content. Subject to the foregoing, Mindspa and its licensors exclusively own all right, title\nand interest in and to the Services and Content, including all associated\nintellectual property rights. You acknowledge that the Services and Content are\nprotected by copyright, trademark, and other laws of the European Union and foreign countries. You agree not to remove,\nalter or obscure any copyright, trademark, service mark or other proprietary\nrights notices incorporated in or accompanying the Services or Content.<\/p>\n\n\n\n

Rights in User Content Granted by You<\/strong><\/p>\n\n\n\n

By making any User Content available\nthrough Services you hereby grant to Mindspa\na non-exclusive, transferable, sublicenseable, worldwide, royalty-free license\nto use, copy, modify, create derivative works based upon, distribute, publicly\ndisplay, publicly perform and distribute your User Content in connection with\noperating and providing the Services and Content to you and to other users.<\/p>\n\n\n\n

Rights in Content Granted by <\/strong>Mindspa<\/strong><\/p>\n\n\n\n

Subject to your compliance with these\nTerms, Mindspa grants you a limited, non-exclusive,\nnon-transferable, non-sublicenseable license to download, view, copy and\ndisplay the Content solely in connection with your permitted use of the\nServices and solely for your personal and non-commercial purposes.<\/p>\n\n\n\n

Rights and Terms for Apps<\/strong><\/p>\n\n\n\n

Rights in App Granted by Mindspa<\/strong><\/p>\n\n\n\n

Subject to your compliance with these\nTerms, Mindspa grants you a limited non-exclusive, non-transferable,\nnon-sublicenseable license to download and install a copy of the App on a\nmobile device or computer that you own or control and to run such copy of the\nApp solely for your own personal non-commercial purposes. Mindspa reserves all\nrights in and to the App not expressly granted to you under these Terms. You\nmay not copy the App, except for making a reasonable number of copies for\nbackup or archival purposes. Except as expressly permitted in these Terms, you\nmay not: (i) copy, modify or create derivative works based on the App;\n(ii) distribute, transfer, sublicense, lease, lend or rent the App to any\nthird party; (iii) reverse engineer, decompile or disassemble the App; or\n(iv) make the functionality of the App available to multiple users through any\nmeans.<\/p>\n\n\n\n

Additional Terms for App Store Apps<\/strong><\/p>\n\n\n\n

If you accessed or downloaded the App\nfrom the Apple Store, then you agree to use the App only: (i) on an\nApple-branded product or device that runs iOS (Apple\u2019s proprietary operating\nsystem software); and (ii) as permitted by the \u201cUsage Rules\u201d set forth in\nthe Apple Store Terms of Service.<\/p>\n\n\n\n

If you accessed or downloaded the App\nfrom an App Provider, then you acknowledge and agree that:<\/p>\n\n\n\n