End User License Agreement

This End User License Agreement ("EULA" or "Agreement") is entered into between MindMics, Inc. ("MindMics") and the licensee, who is an individual or legal entity ("User"). The EULA governs use of applications, software, related enhancements, overlays, upgrades and related services ("Product") provided by MindMics.

The Product is designed to be used in conjunction with MindMics wireless headphones (“Device”) and additional third-party devices that enable certain selected functionalities of the Product (“Additional Devices”). MindMics' Privacy Policy ("Privacy Policy"), available at https://www.mindmics.com/privacy-policy, is an integral part of the EULA.

By installing or using the Product, you accept and agree to be bound by the Agreement and the Privacy Policy. If you do not accept the policies set forth in either of these documents, please do not install or use the Product.

If you click "I accept" while downloading, installing or using the Product, it means that you accept and agree to abide by this EULA and the Privacy Policy at all times. If you do not agree to any of the terms and conditions set forth in this Agreement, you should immediately click the "Close" option and cancel the download or installation.

I.        OWNERSHIP.

The Product is the property of MindMics and is protected by copyright laws and international copyright treaties. This License does not grant any right or title to the Product and shall not be construed as a sale of any rights in the Product.

II.       GRANT OF LICENSE.

(1) MindMics grants the User a non-exclusive, non-transferable, non-commercial and personal license to install and/or use the Product (in whole or in part) until terminated by the User or MindMics under this EULA. The right to use the Product is limited to one User.

(2) In all cases, the User may use the Product in accordance with the intended purpose of the Product. The User shall not, in particular:

a. create, use, publicly perform, make available, sell, rent, transfer, edit, sublicense and/or publish in any way related to the Product any material in an unauthorized manner;

b. sell, rent, lease, license, distribute, market, or use the Product or any component thereof for commercial purposes,

c. reverse engineer, decompile, disassemble, adapt, duplicate or create derivative works based on the Product,

d. modify, interfere with, disrupt, block, overload, interrupt, slow down, and/or impede the normal operation of all or part of the Product, impede the availability of the Product to other users or the operation of the Product's partner networks, or attempt to perform any of the foregoing;

e. transmit or spread viruses, Trojan horses, worms, logic bombs, infected files and/or similar destructive elements or corrupted data with respect to the Product, and/or organize, participate or engage in any way in attacks on MindMics' servers;

f. remove, hide or alter any copyright, patent, trademark or other proprietary notices placed within the Product;

g. create, provide or use alternative methods of using the Products. 

3. When using the Product, the User agrees to use the Product only in accordance with all applicable laws and regulations of the country or region in which he resides.

III.      ACCESS TO THE PRODUCT

(1) Upon payment of the membership fee ("Fee") by the User, the User is granted access to the Product and the Device. MindMics reserves the right to offer separate purchase of the Product and/or the Device.

(2) Detailed information about the Fee and pricing model can be found at MindMics’s website and Apple AppStore. MindMics reserves the right to use third-party vendors, particularly for payment processing.

(3) MindMics reserves the right to offer the Product on a promotional basis or free of charge during periods determined by MindMics under the terms of separate terms and conditions.

(4) In order to use all features of the Product, the User must download the application available at Apple AppStore, create an account ("Account") and connect the Product to the Device. Subject to the foregoing, access to the Product will be granted upon payment of the Fee.

(6) To create an Account, the User must have an email address and provide certain information. The detailed information that the User must provide is outlined in our Privacy Policy. It is necessary that the information provided is truthful, accurate and kept up to date.

(7) When creating an Account, the User will also be required to provide a username ("Nickname") for identification on our Products. The User's Nickname may not be transferred to another person, and the User may not use a Nickname used by another person.

(8) The Account, the Product and the Device are intimately related and associated with the User. Sharing an account, product or device can significantly affect the available functionality, especially the measurements received. In case the User wants to disconnect the Device, the User must report such a need to the customer service department at: support@mindmics.com.

(9) The User’s Account is personal and may not be shared, transferred or exchanged with any other person. Therefore, the User should keep all information regarding the Account confidential. At no time should the User disclose password, security questions or answers to them to anyone.

(10) If the User shares or transfers Account, the User may be liable for the behavior and actions of third parties using Account, including any violation of this EULA.

(11) The User shall ensure that Account, computer, cell phone or other device on which the User uses the Product is protected from access by third parties. The User shall immediately notify MindMics if become aware of: any unauthorized use of their Account, any other breach of security, or the use or potential use of any hacking tools in relation to the Product.

(12) In order to use the Product, certain minimum hardware and software requirements must be met (including an adequate Internet connection - connection costs including, but not limited to, to mobile service providers and/or carrier costs are borne solely by the User). The technical requirements for each Product are specified in the Product description. The User must ensure that he/she meets such technical requirements before installing/using the Products. The graphical quality of the Products may vary depending on your settings and hardware capabilities.

IV.  DEVICE

(1) The Fee includes the cost of the Device. To use the Device on the move, an Additional Device must be purchased. For more information about the Additional Device, visit MindMics website. 

(2) The Additional Device comes from third parties. MindMics is not responsible for the Additional Device. The User should report any objections directly to the manufacturer.

(3) Upon payment of the Fee/After delivery of the Device, the User will be provided with detailed information on the terms of use of the Device.

(4) The User agrees to use the Device in accordance with applicable law, the information referred to in paragraph 1 above, and the guidelines under the EULA. In particular, the User shall be aware of and comply with the following rules:

a) The User shall make sure that it will be safe to use the Device during certain activities. The User shall comply with generally applicable laws and rules.

b) The Device is not a medical device, and any data available on the Product is not a basis for diagnosis or treatment. If the User has any doubts or concerns about his/her state of health, he/she should contact a medical doctor.

c) The Device is intended to be used on the move only with the Additional Device.

(5) The User is responsible for failure to comply with the above.

V.       LIMITATION OF LIABILITY.

(1) The Product is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

(2) To the full extent permitted by applicable law, MindMics shall in no event be liable for loss or damage associated with the use of the Product.

 VI.      INDEMNIFICATION.

(1) The User shall be solely responsible for any and all damages caused to MindMics as a result of breach of this EULA.

(2) The User hereby agrees to indemnify and hold harmless MindMics from and against any and all actual and threatened lawsuits, liability, damages, and all expenses arising directly or indirectly out of and/or related to your breach of any provision of this EULA. 

VII.    PRIVACY POLICY.

MindMics will collect data from the Product in accordance with the provisions of the EULA and the Privacy Policy. You may review the details of data processing at: https://www.mindmics.com/privacy-security. 

VIII.   TECHNICAL SUPPORT.

MindMics is not obligated to provide any technical support for the Product other than those required by law. No oral or written information or opinion provided by MindMics or its authorized representatives constitutes any warranty.

IX.      TERMINATION.

(1) This EULA shall be effective from the date of your purchase, download or use of the Product (whichever comes first) until the date of termination in accordance with the terms provided.

(2) The User may terminate this EULA without cause at any time by deleting the Account.

(3) If the User violates the EULA, MindMics may, depending on the severity of the violation, take some or all of the following actions:

(a) suspend or permanently disable the User's access to particular features of the Product,

b) suspend or permanently disable the User's access to the Account,

c) terminate the Agreement and delete the Account

(4) In the cases specified in paragraphs (2) and (3)(c), the User shall not be entitled to a refund of the Fee.

(5) Upon termination of the Agreement, the User shall retain ownership of the Device and the Additional Device.

(6) If the Account is suspended or the Agreement is terminated, the Account will become inactive. An inactive Account does not record any new activities, but the User has access to historical data.

(7) Mind Mics reserves the right to use anonymized User data after the termination of the Agreement. Detailed rules of the processing are available in the Privacy Policy.  

X.       AMENDMENTS TO THE EULA.

(1) MindMics reserves the right, in its sole discretion, to amend the EULA for valid reasons, such as, for example, to include new features and functionality of the Product or to adapt it to changes in applicable legislation.

(2) The User will be informed of the individual changes via e-mail. The changes will be effective with or without prior notice to the User, if applicable. User may review the current version of the EULA each time at https://www.mindmics.com/terms. The User's continued use of the Products after the effective date of the changes will constitute acceptance of the changes.

(3) MindMics may modify the Product for any reason or no reason specified, at any time at its sole discretion, in particular for technical reasons such as updates, maintenance activities and/or deletions to improve and/or optimize the Product. You accept that the Product may automatically install or download modifications. You accept that MindMics may discontinue support of some or all versions of the Product. 

XI.      FINAL PROVISIONS

(1) The EULA shall apply only to the extent permitted by law.

(2) The User shall comply with all import and export restrictions and regulations that apply to the Product or use of the Product as applied by the appropriate agencies or authorities in the United States

(3) If any part of the EULA is found to be unenforceable, the enforceability of any other part of the EULA shall not be affected. In addition, MindMics and the User agree to interpret the remainder of this EULA to reflect your and our intentions under this EULA to the greatest extent possible.

(4) This EULA shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America. The provisions of this EULA are not intended to exclude or limit your rights as a consumer under applicable law.

(5) To the extent governed by the EULA, the EULA supersedes any other agreement or discussion, oral or written, and may not be modified except by the signed agreement. For the rest, other documents provided by Mind Mics shall apply accordingly.

(6) If you have any questions, complaints or comments regarding this EULA or the Products, please contact us at support@mindmics.com.