Happy Mind End User License Agreement
This A Happy Mind End User License Agreement (which, for simplicity’s sake, we will refer to as "Agreement") is a binding agreement between you ("End User" or "you") and Mind Soft Creative LLC ("Mind Soft Creative"). This Agreement governs your use of the happymindapp.com website and content, and the A Happy Mind (collectively referred to as the "Application"). The Application is licensed, not sold, to you (in other words, we own all copies of the software, but through this agreement we allow you to use your copy legitimately).
Questions, complaints, or claims regarding A Happy Mind can be submitted to:
Mind Soft Creative, LLC
700 502 West 30th Street #9, Austin TX 78705
If you don’t want to agree to these terms, you should not use the Application and immediately delete the Application from your device.
When you click the “Agree” button, you are signaling a few things to courts should the need arise. You are telling the court that you:
read and understand this entire agreement;
of the correct legal age to enter into this binding legal agreement;
Accept this Agreement and agree that you are legally bound by its terms.
Again, if you do not agree to these terms, do not use the Application and delete it from your mobile device.
Terms in italics are there to help explain the purpose or function of the clause in plain language.
1. Arbitration. While we all want every relationship we enter into to go smoothly, sometimes things don’t go the way we want them to. In the event that either you or Mind Soft Creative believes that the Agreement has been breached, then we will resolve our differences through arbitration in the following way.
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void.
2. License Grant. Mind Soft Creative is not “selling” you a copy of A Happy Mind. Instead, it is granting you a “license”. These terms define what the license allows you to do.
Soft Creative is giving you a limited license to use the Application
under the terms of this Agreement. Though you cannot transfer the
license to others, Mind Soft Creative can still grant the license to
other people. Your license allows you to:
download, install, and use the Application for your personal,
non-commercial use on a single mobile device owned or otherwise
controlled by you ("Mobile Device") strictly in accordance
with the Application's documentation; and
(b) access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the terms applicable to such Content and Services as set forth in Section 5.
2.1 Apple App Store License Grant. This section contains license terms specific to copies of A Happy Mind obtained through the Apple App Store.
Notwithstanding Sections 2(a) and 2(b), when purchases are made through the Apple App Store, that license is to use the Application on any Apple-branded Products that the you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Furthermore, if you obtain A Happy Mind through the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
3. License Restrictions. These terms tell you what you, as a license holder, cannot do.
as a licensee, agree not to:
copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or
improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise
attempt to derive or gain access to the source code of the
Application or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright,
trademark, patent, or other intellectual property or proprietary
rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish,
transfer, or otherwise make available the Application, or any
features or functionality of the Application, to any third party for
any reason, including by making the Application available on a
network where it is capable of being accessed by more than one device
at any time; or
remove, disable, circumvent, or otherwise create or implement any
workaround to any copy protection, rights management, or security
features in or protecting the Application.
4. Reservation of Rights. This paragraph makes clear that Mind Soft Creative and its various affiliates continue to own their respective products and material, and that the license doesn’t give up any of their intellectual property rights.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights to it other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Mind Soft Creative and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights relating to the Application, except as expressly granted to you in this Agreement.
6. Content and Services. The way in which our applications function may require them to interact with our website, or the applications might direct you to the website for various reasons. The terms below reflect your agreement to follow the terms when accessing the website.
Application may provide you with access to Mind Soft Creative's
website located at www.happymindapp.com (the "Website") and
products, services, certain features, functionality, and content
accessible on or through the Application may be hosted on the Website
(collectively, "Content and Services"). Your access to and
use of the Content and Services are also governed by these terms and
which are included in this Agreement. Your access to and use of the
Content and Services might require you to acknowledge your acceptance
If you fail to acknowledge acceptance when asked, you may be
restricted from accessing or using certain of the Application's
features and functionality. Any violation of such terms will also be
deemed a violation of this Agreement.
7. Updates. Updates are often, but not always, a necessary part of software application development. We need to let you know how we will apply updates, prepare you for what the updates may or may not do, and have you agree to promptly install updates when asked to for various reasons.
Soft Creative may from time to time in its sole discretion develop
and provide Application updates, which may include upgrades, bug
fixes, patches, other error corrections, and/or new features
(collectively, including related documentation, "Updates").
Updates may also modify or delete certain features and functionality.
You agree that Mind Soft Creative has no obligation to provide any
Updates or to continue to provide or enable any particular features
or functionality. Based on your Mobile Device settings, when your
Mobile Device is connected to the internet either:
the Application will automatically download and install all available
you may receive notice of or be prompted to download and install
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions of it may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
8. Third-Party Materials. Sometimes there is content already on the market that the makers of an app think will either improve the app experience or help the app-makers accomplish some goal without having to reinvent the wheel. That also often means that even though the content can be found within an app, the app-makers have little to no control over that content. These terms reflect the potential presence of that content, and your acknowledgement that content like that is out of our control.
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Mind Soft Creative is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Third-Party Materials. Mind Soft Creative does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and any links to them are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
9. Term and Termination. Term and Termination is a way of describing how long an agreement lasts.
(a) The term of the Agreement commences when you download, install, or acknowledge your acceptance and will continue in effect until terminated by you or Mind Soft Creative as set forth in this Section 9.
You may terminate this Agreement by deleting the Application and all
copies of it from your Mobile Device.
Mind Soft Creative may terminate this Agreement at any time without
notice if it ceases to support the Application, which Mind Soft
Creative may do in its sole discretion. In addition, this Agreement
will terminate immediately and automatically without any notice if
you violate any of the terms and conditions of this Agreement.
all rights granted to you under this Agreement will also terminate;
you must cease all use of the Application and delete all copies of
the Application from your Mobile Device and account.
(e) Termination will not limit any of Mind Soft Creative's rights or remedies at law or in equity.
(f) Termination may not automatically end a subscription. Subscriptions must be cancelled in the manner described at the time of purchase.
10. Subscriptions. Subscriptions are not required to use A Happy Mind, but some content is only available through subscriptions. Subscriptions are available in either monthly or yearly increments. If you purchase a subscription, you are authorizing us to charge you on the recurring basis of your choosing utilizing the payment method you provide. The cost and cancellation terms of the subscription are as stated at the point of purchase. The cost may be subject to change because of factors such as promotions, taxes, or other cost-adjusting factors.
11. Disclaimer of Warranties. This section is a big deal, that’s why it’s in bold. It is a very common disclaimer which says that Mind Soft Creative can’t make promises about how our services will work because it is literally impossible to test for every scenario on every device. If, for some reason, you are under the impression that you have been promised that X, Y, or Z will happen, please read these terms carefully!
Application is provided to licensee "as is" and with all
faults and defects without warranty of any kind. To the maximum
extent permitted under applicable law, Mind Soft Creative, on its own
behalf and on behalf of its affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties,
whether express, implied, statutory, or otherwise, with respect to
the Application, including all implied warranties of merchantability,
fitness for a particular purpose, title, and non-infringement, and
warranties that may arise out of course of dealing, course of
performance, usage, or trade practice. Without limitation to the
foregoing, Mind Soft Creative provides no warranty or undertaking,
and makes no representation of any kind that the Application will
meet your requirements, achieve any intended results, be compatible,
or work with any other software, applications, systems, or services,
operate without interruption, meet any performance or reliability
standards, or be error-free, or that any errors or defects can or
will be corrected.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
12. Limitation of Liability. This is another very important section which states that we cannot be held responsible if things go wrong as a consequence of using our app. If you are worried about problems that can follow from the use of the app, read this section carefully!
the fullest extent permitted by applicable law, in no event will Mind
Soft Creative or its affiliates, or any of its or their respective
licensors or service providers, have any liability arising from or
related to your use of or inability to use the Application or the
content and services for:
personal injury, property damage, lost profits, cost of substitute
goods or services, loss of data, loss of goodwill, business
interruption, computer failure or malfunction, or any other
consequential, incidental, indirect, exemplary, special, or punitive
direct damages in amounts that in the aggregate exceed the amount
actually paid by you for the Application.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Mind Soft Creative was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
13. Indemnification. This section means that you will be responsible for the negative consequences that you or others suffer as the result of your actions.
You agree to indemnify, defend, and hold harmless Mind Soft Creative and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement.
14. Export Regulation. The software provided by Mind Soft Creative may be regulated under export laws due to data security practices including cryptography: that’s why we have included the following clause.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
15.US Government Rights. Very specific statutes apply to government actors who might want to purchase or use the Mind Soft Creative software. This section only applies to government employees, contractors, or entities.
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
16. Severability. The law is complicated, and state and federal laws can vary greatly. Sometimes the law of the place in question says that one portion or another of an agreement isn’t valid because of one reason or another. This says that if that happens, then the rest of the agreement still stands, and the broken part should be fixed by the court to be as close to the original language as possible.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Governing Law. This section states that any lawsuit that might happen should happen under Texas laws, and should be tried in Austin, Texas. This only applies if for some reason we are legally forbidden from enforcing the arbitration clause in Section 1.
This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application that is not subject to the Arbitration Clause (Item 1 of this Agreement) shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Austin, Texas and Travis County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims. We want any dispute between you and us to be resolved quickly. This section means any dispute you have with us must be brought by you no later than one year after an issue arises.
Any cause of action or claim you may have arising out of or relating to this Agreement or the Application must be commenced within one (1) year after the cause of action accrues otherwise such cause of action or claim is permanently barred.
19. Entire Agreement. These terms are the only terms which govern the agreement. Unless this agreement specifically says some other specific terms apply.
20. Waiver. If someone notices a legal issue and doesn’t immediately pursue action, that doesn’t mean that they’ve given up their legal rights.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver of the right to enforce, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
21. Medical Disclaimer. We believe that meditation is a healthy activity to pursue, but we cannot and do not provide medical advice. Medical advice should always be sought from your doctor, and this app should not be used in a way that distracts you from dangerous activities. This clause goes over those general warnings.
A Happy Mind is a meditation aide meant to help promote health and wellness. The general information provided on the app is for informational purposes and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute for it. If you have medical concerns and purposes for using this app, you should always consult your doctor first. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. Meditation and use of the A Happy Mind App should not be conducted during activities requiring your full attention, such as driving or operating heavy machinery.