The following Terms and Conditions establish the rules and provisions to which any person and/or individual who decides to interact, access, navigate, use, register on web pages, mobile applications and/or any of their own or third-party variants (hereinafter the “Services”) of Mindful, S.A.P.I. de C.V., commercially known as Mindsurf (hereinafter “Mindsurf” - “we”), must comply herewith and will not be exempt from liability if they violate them.

Mindsurf through your website https://terapia.mindsurf.ai/ and/or red.jenny.mx, offers each person (the “User” individually or collectively “the Users”) an online platform to access professional counseling, consulting, therapy and related services, by certified consultants. A consultant is any counselor, consultant, professional, expert, coach, advisor, certified psychologist or any other person who registers to provide consulting services, through the use of the platform that this website offers for registered users.

By registering and/or using the Services, enabling push notifications, accessing, browsing and/or using the Mindsurf websites or any other subdomain, domain linked or redirected to the same and/or mobile application compatible with the iOS, Android and/or HarmonyOS operating system, which allows access to these sites, the User unequivocally, immediately and tacitly constitutes their consent and obligation to adhere to the conditions of use of the Platform, that is, these Terms and Conditions, so it is the User's duty to read carefully the same each time you intend to access the website, as this policy may change without prior notice. The continued use and access of the Services by the User, after any publication of any modifications to the Terms and Conditions, will constitute an acknowledgment of acceptance of such changes.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO UNDERSTAND WHAT PROVISIONS YOU MUST AND ARE REQUIRED TO COMPLY WITH. IF YOU DO NOT AGREE WITH THEM, DO NOT USE THE SERVICES.

Amendments to the Terms of Service

We reserve the right, at our sole discretion, to change or modify part (s) of these Terms and Conditions at any time. If any changes and/or modifications have been made, depending on the nature, we will publish the changes on the website https://terapia.mindsurf.ai/ and/or red.jenny.mx and we will indicate at the bottom of those Terms and Conditions the date these terms were last modified and/or we will notify you, either through the user interface of the Services, in an email notification or by other reasonable means and as required by applicable law. Any of these changes will take effect no earlier than fourteen (14) days after they are posted, except that changes that address new features of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date such changes take effect constitutes your acceptance of the new terms of service.

WHO ARE WE

The website located at the URL https://terapia.mindsurf.ai/ and/or red.jenny.mx and the mobile application (if any) are the property of MINDFUL, S.A.P.I. DE C.V., with address at Boulevard Adolfo Ruiz Cortines, Exterior Number 3720, Interior Tower 1 Floor 7, Colonia Pedregal San Ángel, C.P. 01900, Álvaro Obregón Mayor's Office, Mexico and contact email address: hello@mindsurf.ai.

Mindsurf through your website https://terapia.mindsurf.ai/ and/or red.jenny.mx, offers each person (the “User” individually or collectively “the Users”) an online platform to access professional counseling, consulting, therapy and related services, by certified consultants. A consultant is any counselor, consultant, professional, expert, coach, advisor, certified psychologist or any other person who registers to provide consulting services, through the use of the platform that this website offers for registered users.

The User recognizes and understands that Mindsurf, the Services and their content, are solely and exclusively informational and have not been designed to be used in crisis situations such as complex or serious mental health conditions that cause suicide, abuse, harm to oneself and others, and/or any medical or hospital emergency. In these cases, the Services will only be limited to suggesting to the User that in the event of a crisis they seek specialized medical attention. Our services do not replace or will replace, under any circumstances, attending a personal consultation with a psychological professional duly qualified and accredited in accordance with the laws applicable to the service.

1.- ABOUT THE SERVICE.

Mindsurf offers its services to the User through the website located at the URL https://terapia.mindsurf.ai/ and/or red.jenny.mx and the mobile application (if applicable) to connect you with a consultant (in the plural “consultants”) who will provide you with their services within your profession or specialty. Mindsurf requests and verifies that all its consultants have a valid license to practice their profession or certificate attesting to their specialty.

The consultant is solely responsible for the correct and accurate presentation of their skills, titles, qualifications, background and any other information they provide to this website during the use of the service platform or during direct contact with the user. It is established that Mindsurf, during the consultants' admission process (which may include an interview), is not obliged to verify the validity, accuracy and validity of the information provided by the consultant.

Consultants are independent professionals, so they are not employees, agents or representatives of Mindsurf, in other words, Mindsurf is only limited to acting as an intermediary between the User and the consultant, without being responsible for the suitability, quality or timeliness of the service that the consultant will provide. If the User is not satisfied with the consultancy provided, we suggest that they change their consultant within the platform.

2.- ACCESS TO THE WEB OR APP.

Access to the website or app (if any) is not limited for reasons of age, sex or any other reason, nor is registration as a User on the website or app (if any) limited, except for reasons of legal capacity, since in order to be able to contract, in accordance with the laws of the United Mexican States, the use of any of the Services provided by Mindsurf is applicable only to people over 18 (eighteen) years of age, and who have the necessary exercise capacity to enter into this Agreement. As a result of the foregoing, the User declares, under the pretext of telling the truth, that upon acceptance of this Agreement they are of legal age and have the necessary mental capacity to understand and accept this Agreement.

If the User is between 13 (thirteen) and 17 (seventeen) years old, it will be understood that they have the express consent of their parents or guardians, on the premise that under no circumstances will MINDSURF be able to interact with people between those ages without such parental consent. If they do not meet any of the above requirements, Users must refrain from using the Mindsurf platform.

In the event that these limitations are not observed, the users themselves or, where appropriate, the User's parents or legal guardians will be directly responsible for any type of damage or harm that may be caused, whether direct or indirect.

2.1. USAGE DESCRIPTION: The Mindsurf services, and any content viewed through our service, is for your personal, non-commercial use only. By paying your consideration (s) you agree not to use the service for public actions. Mindsurf may revoke your account at any time at its sole discretion. Upon such revocation, you must immediately destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms and Conditions or otherwise.

2.2. YOUR REGISTRATION OBLIGATIONS: You may need to register with Mindsurf in order to access and use certain features of the Services. If you choose to register for them, you agree to provide and maintain true, accurate, current and complete information about yourself as requested by the registration form. Registration data and some other information about you are governed by our Privacy Notice. If you are under 13, you are not authorized to use the Service, with or without parental consent.

2.3. MEMBER ACCOUNT, PASSWORD AND SECURITY:

You can never and will never be able to use someone else's account and you cannot provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Mindsurf of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session when accessing the Services. Mindsurf will not be responsible for any loss or damage arising from your failure to comply with this Section.

2.4. MODIFICATIONS TO THE SERVICES: Mindsurf reserves the right to modify or discontinue, temporarily or permanently, any part of the Services with or without notice. You agree that Mindsurf will not be liable to you or to any third party for any modification, suspension or interruption of the Services or any part of them. Mindsurf will not be required to retain any account data or submitted content, for any period of time beyond what may be required by applicable law.

2.5. GENERAL PRACTICES WITH RESPECT TO USE AND STORAGE: The User acknowledges that Mindsurf may establish general practices and limits regarding the use of the Services, including, but not limited to, the maximum period of time that data or other content will be retained by them and the maximum storage space that will be allocated on Mindsurf's servers. You also agree that Mindsurf has no responsibility or obligation for the deletion or lack of storage of any data or other content maintained or uploaded by the Services. You also acknowledge that Mindsurf reserves the right to cancel accounts that are inactive for an extended period of time. In addition, you acknowledge that Mindsurf reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.

2.6. MOBILE SERVICES: The Services may include certain services that are available through a mobile device, including (i) the ability to upload content to the Services through a mobile device, (ii) the ability to navigate the Services and the site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (together, the “Mobile Services”). To the extent that you access the Services through a mobile device, your wireless provider's standard charges, data rates and other fees may apply. In addition, your carrier may prohibit or restrict the download, installation or use of certain Mobile Services, and not all Mobile Services may work with all carriers or devices. When using the Mobile Services, you can provide your phone number. By providing your phone number, you agree to receive calls and/or SMS, MMS, or text messages on that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or billing companies, and text messaging service providers) with whom we have contracted to help us exercise our rights or provide our Services under these Terms and Conditions, our policies, applicable law, or any other agreement we may have with you. You agree that these parties may also communicate with you using automatically marked or pre-recorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event that you change or deactivate your mobile phone number, you agree to immediately update your Mindsurf account information to ensure that your messages are not sent to the person who acquires your old number.

2.7. NO MONEY-BACK GUARANTEE: Unless otherwise indicated during the purchase of any of the Services you choose and purchase with Mindsurf, as required by the applicable law in your jurisdiction, or as established in the refund policy applicable to any service you purchase through a third-party marketplace, (see Section 8 below), Mindsurf will not grant any refund to any User, in the case of challenging the above before any authority, Mindsurf will cancel your access if you notice any violation of these Terms and Conditions. Violations are determined at the sole discretion of Mindsurf and are hereby determined.

3.- OBJECT OF THE SERVICES.

Mindsurf, in its capacity as a service provider, offers, among others, the following Services:

Through the website: (i) information about the app (if any) Mindsurf; (ii) provide a form of access to the app in the respective marketplaces or access to the catalog of its network of specialists in order to schedule therapies with consultants; (iii) provide forms of contact with us; (iv) information on rates and costs of services; (vi) manage payments for services; (vii) the other services necessary for the operation of the app (if applicable) Mindsurf.

Through the app (if applicable) Mindsurf: (i) put you in contact with a consultant and/or consultants, who will provide you with their services within your profession or specialty; (ii) pre-diagnosis of mental health and emotional well-being; (iii) behavioral risk prevention; (iv) individual reporting; (v) access to a network of specialists for one-to-one therapies; (vi) managing appointments with consultants; (vii) managing payments for services; (viii) the other services necessary for the operation of Mindsurf.

IMPORTANT NOTICE: THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF PSYCHOLOGY, CLINICAL, SOCIAL, OR ANY OTHER ADVICE, DIAGNOSIS OR TREATMENT BY A PSYCHOLOGICAL PROFESSIONAL. TRUST IN THE SERVICES AND INFORMATION PROVIDED BY THE SERVICES OR APP (IF ANY) IS AT YOUR OWN RISK. OUR SERVICES DO NOT REPLACE OR WILL IN ANY CASE REPLACE ATTENDING A PERSONAL CONSULTATION WITH A PSYCHOLOGICAL PROFESSIONAL DULY QUALIFIED AND ACCREDITED IN ACCORDANCE WITH THE LAWS APPLICABLE TO THE SERVICE.

NEVER IGNORE PROFESSIONAL HEALTH ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN THE SERVICES.

4.- WHO IS A USER, WHO IS A CUSTOMER?

By User, we mean any natural or legal person, of legal age or not, who accesses the website or app to, contemplate, view, consult, enquire, or any other action other than registering as a customer and starting to use specific Mindsurf services.

And we will consider customers those Users who, as individuals or legal entities, access the app, register and start using specific Mindsurf services. As well as those who have agreed to subscribe to Mindsurf.

5.- IDENTIFICATION OF THE USER.

To ensure the correct provision of the Services, the User must generate a User Profile and answer the questions asked through the Platform. The User undertakes to provide truthful information that corresponds to reality in their answers and to authorize the necessary and sufficient access to their mobile device and/or tablet for the use of said Services.

The User declares that the data provided to Mindsurf is real, accurate and corresponds to reality and current affairs, so Mindsurf accepts them as true and will not be responsible for any false data entered by the User.

The User must keep their email current and functional at all times, since they indicate this account as the official means of communication for any notification by Mindsurf regarding the Contract and monitoring of the Services, on the understanding that, simply by receiving it on the server of their email, it will be understood as actually received and accepted, without the need to read the email or not.

6.- INCOME ACCOUNT.

At the time of creating a login account in the Services, the User declares the following:

• Be of legal age of majority according to the rules governing the User's place of residence.
• The User agrees to be legally able to enter into this agreement.
• All information that the User provides on the Services must be true, current and complete.
• The User accepts that they must have the appropriate technical requirements (Hardware, Software, Internet Connection, etc.) for the proper functioning of the website and its service platform.
• The User assumes full responsibility for the use of the login password, and must adopt measures to protect its confidentiality.
• The User must immediately notify the website for any unauthorized use made of their account or when there has been any violation of the security measures of their account.
• The User undertakes that for no reason will he use another person's account to access the Services.
• The User agrees to use the platform only for their own benefit. The User is prohibited from using the platform on behalf of and/or on behalf of any other person or organization.
• The User may only contact or communicate with the Consultant through the platform.
• The User agrees to pay all charges associated with their membership, as well as all fees for the services provided by the Consultant in accordance with their duration and at the service price rates published on the website, prior to the session.
• The User agrees to use only credit cards or other means of payment (together “Payment Methods”) for which he is authorized. The information that the User provides related to the Payment Methods must be true, current and complete at all times.
• The User will provide information about the Payment Methods and authorizes the website to make the charges associated with the account and/or pay the fees for services provided by the Consultant through such means of payment.

7.- PROHIBITED USES.

The use of the website and/or its content for: (a) Illegal purposes or those for which the user is not authorized by the law of their place of residence; (b) Instigate or ask other people to perform or participate in illegal acts or those for which they are not authorized by the law of their place of residence; (c) Violate any law within the user's jurisdiction; (d) Infringe or violate the intellectual property rights, trademarks, copyright of Mindsurf or third parties.; (e) Harass, abuse, insult, damage, defame, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality, disability, or any other cause; (f) Present false or misleading information; (g) Transmit or upload viruses or any other type of malicious code that is or may be used in any way and that may compromise the functionality or operation of the website, the service platform, or any other website or internet; (h) Trace personal information of other people; (i) Generate spam, phish, pharm, pretext, spider, crawl or scrape; (j) Any other purpose, illegal, immoral or obscene; (k) Sending unsolicited emails and/or advertising or promoting goods and services; (l) Interning, breaking or circumventing the security measures of the website or any other related website and in general any website on the Internet.

8.- RATES AND SUBSCRIPTIONS.

In order to make use of the services and access the different Mindsurf programs and content, it is necessary to subscribe through the web or the Mindsurf app (if applicable). The cost of the services is published both on the web and in Mindsurf, and will depend on the type of service to be used, including: (i) interaction with specialists on the Mindsurf platform; (ii) contracting video conferencing through the Marketplace; and (iii) therapies with consultants from our network of specialists.

The prices of the services offered through them will be available at all times through the web and/or in the app itself, and will show, when applicable, any applicable taxes or fees, such as Value Added Tax or VAT.

Mindsurf reserves the right to change prices. The modification for those users who are in a valid subscription will be applicable only from the time of renewal.

Under no circumstances will a price change in the rates entitle current subscribers whose subscription has not expired to a change in prices or to a full or partial refund of what has already been paid.

For the use and access offered by Mindsurf to the Services, the User must observe the following rules:

• The User will have access and will be able to view the Services provided by Mindsurf whenever they are active.
• Access does not allow group or institutional use of the contents of the Services. If required, the User must contact Mindsurf to obtain the corresponding license and access.

A. Term of the Services.

The validity of the Services offered by Mindsurf will remain active as long as the User does not cancel their appointments and that the payment method is not rejected for billing services. To make use of the Mindsurf Services, the User must have internet access and a device capable of browsing the Mindsurf platforms.

B. Conditions for providing the Consulting and subscription charges.

Mindsurf does not provide any consulting services, including mental health or other health care services. All services offered through the platform are provided by an independent Consultant, who will be solely responsible for the quality, suitability and timeliness of the consultancy provided to the user.

By using the website, you accept that the certified mental health services available through the platform are provided independently by independent Consultants. Mindsurf does not directly provide any mental health or other health care services. Consultants do not prescribe medications and/or medical treatments through the website.

The user accepts that the therapies (individual sessions) provided by the Consultants last 60 (sixty) minutes and that the final cost for the user will be clearly indicated on the website, and they must accept the cost for the service prior to scheduling an appointment through the website. The costs will depend on the type of service the user wishes to purchase, which may be an individual therapy or a treatment consisting of 8 (eight) therapies.

The User accepts that the sessions will be paid in advance, and the User is solely responsible for scheduling the appointment on the date and time according to their own availability, through the Consultant's calendar that best suits their needs.

You also agree that by booking a session at a specific date and time, the Consultant you have chosen will be available for that session, via video conference. If due to any inconvenience the Consultant is unable to attend the session via videoconference, he will be notified via email registered on the website and his session will be rescheduled in agreement with the Consultant.

The user accepts that, if due to any inconvenience they are unable to attend a previously scheduled session, they must cancel it by accessing their profile and clicking on the corresponding button to cancel the session, at least 3 (three) days in advance, otherwise it will be considered a completed session and will not result in any refund or rescheduling.

Likewise, acknowledge that if a previously scheduled session is canceled at least 3 (three) days in advance, that session may be rescheduled once more or left on hold until the session expires.

The charges for the Services and/or any other additional charges incurred by the User in connection with the use of the Mindsurf Services, such as taxes and possible transaction fees (if applicable), will be added to the payment for the contracted service and to the payment method selected by the User on the specific billing date indicated on the page.

The duration of a billing cycle is the period that elapses from when the User subscribes to any of the packages offered by Mindsurf on its platforms and until the end of the term of the billing cycle, in other words, the billing cycle will depend on the type of subscription and the date on which the User contracts a service.

C. Exchange, cancellation, and/or refund policies.

I) Changes of schedule and/or day:

As long as the service is enabled, changes can only be made to previously scheduled appointments through the user's profile on the website. If the service is disabled, the changes can be managed via email, by sending an email to: hello@mindsurf.ai.

Date and time changes are allowed as long as they are made at least 3 (three) days in advance. Any changes will be subject to availability and to receiving a new confirmation email with your modified appointment. You are informed that you will not be entitled to a refund of the amount paid if you do not attend the appointment.

II) Therapy cancellations, subscription cancellations and refunds:

The User may cancel the previously scheduled therapies with a refund of the amount paid, provided that they communicate it at least 3 (three) days in advance, from the link that will appear in the email they receive regarding the confirmation of the therapy, from any of the reminders they receive regarding the scheduled therapies, or, via email, sending an email to: hello@mindsurf.ai. Otherwise, you will not be entitled to a refund of any amount, and you can only request a change of date/time as stipulated in the previous point.

The cancellation request must contain the details of the payment holder, indicating the date and method of payment, date and time of the appointment, therapist with whom the appointment was scheduled and the user profile with which you registered.

The User can cancel the subscription to the Mindsurf Services at any time, being able to maintain access to the Services until the end of their billing period.

Mindsurf informs the User that, as a result of the Services provided, the payments incurred by the User are not refundable for reasons that they have been partially used, so no refunds, discounts or credit will be granted in this case.

If the cancellation is made at least 3 (three) days in advance, Mindsurf will refund the amount paid using the same payment method within a maximum of fifteen (15) calendar days from the confirmation to the user.

If any therapy is scheduled less than 24 hours in advance, it cannot be canceled, only the day/time can be modified in accordance with the Mindsurf change policy.

If the User does not arrive at the scheduled time for the start of their therapy, they will have a tolerance period of 15 (fifteen) minutes, however, this time will be detrimental to the duration of their therapy and under no circumstances may the consultant exceed the time limit of the scheduled therapy. The consultant may, at his discretion and depending on how late the user arrives, determine if he can start the therapy or not. Regardless of the effective duration of the therapy, the user will be responsible for paying the full cost of the therapy.

III. Changes in the price and plans of the Services:

The prices of the services are subject to change without notice. Mindsurf reserves the right to modify or discontinue the Service (or any part of the content), at its discretion, at any time and without prior notice. Mindsurf will not be responsible to the user or third parties for any modification, price change, suspension or discontinuity of the Service.

IV. Unsubscribe from User.

The User can unsubscribe from Mindsurf by entering the configuration menu. The system will ask the User the reason for deleting the account and once the reason has been included, the cancellation will be carried out, in order to save the modification and cancellation of the system.

9.- FORM OF PAYMENT.

The Services offered through the Mindsurf platforms, unless a different form is indicated for particular cases, can only be paid through the platforms on which the application is downloaded; iOS, Android and/or HarmonyOS.

The available payment methods will depend on the country where the User resides and the terms and conditions of the platforms.

All services offered by Mindsurf will have the prices shown on the platforms. The User may update their payment method in the account they have created by filling out the forms established by Mindsurf. With any modification and/or update that the User makes to their payment method, it will be understood that the latter authorizes Mindsurf to charge the corresponding payment methods.

To subscribe to any of the Services offered by Mindsurf, the User must follow the instructions indicated on the platforms. It is important for the User to indicate as accurately as possible the data requested in the corresponding forms, to avoid confusion or future incidents.

10.- SCOPE OF SERVICES.

The Services do not include or provide medical, mental health or any other type of hospital care service, so the User understands and accepts that Mindsurf is only a therapeutic Platform, on the understanding that it was not designed to be used in crisis situations, such as abuse or complex or serious mental health conditions that cause suicide ideas, harm to oneself and others, and/or to any medical emergency. Therefore, the Services do not and will not offer medical or clinical advice. It is recommended that the User always seek the advice of their doctor or specialist for any question they may have related to their physical or mental health.

At any time, Mindsurf may restrict the User's use of the Services and/or prohibit access and use of the Services.

Within the platforms, the User will find the data of a network of specialists to attend to their health condition, which is for assistance purposes only. Therefore, the User understands that they have no direct relationship with Mindsurf, on the understanding that we are only the means of contact between you and the Consultants.

The Consulting service is subject to the following rules:

• The User understands and accepts that the choice of the consultant and the hiring of the consulting service is at their own risk and that this may not give the desired results.
• The User accepts that Mindsurf will not be responsible for the quality and suitability of the consultancy provided by the Consultant or if it does not obtain the desired or promised results.
• The User accepts that the consulting sessions provided by the Consultant will last and cost according to the schedule and price schedule published on the website.
• The User agrees to pay in advance for consulting therapies or treatments, as the case may be, which will be provided as scheduled between the user and their consultant, depending on the availability of each one.
• The User will be notified to the email registered in the login account, of any changes to the scheduled consulting session. The User and the Consultant will reschedule the new session according to each other's availability.
• The User accepts that they can only cancel a scheduled session, twenty-four or three days in advance. Any cancellation must be made by email to the address: hello@mindsurf.ai .
• That any cancellation that does not comply with these rules will be charged for the scheduled session.
• The User will scan for viruses all the files received from the Consultant and/or the website through this platform or any other means.
• The User understands, accepts and recognizes that Mindsurf may not be the right solution for all their needs and may not be appropriate for each particular situation and/or may not be a substitute for personal evaluation and/or care for each particular situation.

10.1.- OPTIONAL TOOLS

The user may be provided with access to third-party tools that we do not monitor and over which we have no control or input. The user acknowledges and accepts that the access provided by the Services to such tools is “as is” and “as available” without guarantees, representations or conditions of any kind and without any endorsement. We will not have any liability arising from or related to the user's use of tools provided by third parties. Any use of the optional tools offered through the Services will be at the risk and discretion of the User, who must be familiar with and approve the terms under which these tools are provided by third parties. It is also possible that, in the future, Mindsurf will offer new services and/or features (including the launch of new tools and resources). Any modification, adaptation and/or update of the website will be subject to these Terms and Conditions.

10.2.- THIRD-PARTY LINKS.

The website and/or Services may include material, content, products and services from third parties. These links may direct the user to third-party websites that are not linked and/or affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not guarantee and will not have any obligation or responsibility for any third-party material that is included in our Services. We are not responsible for any damages or damages related to the acquisition or use of goods, services, resources, content, or any other transaction made in connection with third party websites. The user should carefully review the policies and practices of third parties and ensure that they understand them before participating in any transaction. The user declares to know that any complaint, complaint, concern or question regarding third-party products should be addressed directly to such third parties.

With regard to links to web pages, whether through buttons, links, banners or embedded content, these are managed by third parties unless otherwise indicated.

Mindsurf does not have sufficient human or technical resources to know, control or approve all the information, content, products or services, in advance, that you can access through buttons, links, banners or embedded content.

That is why we cannot assume any type of responsibility for the platform, or page where you can find the content, information, services to which you may be redirected outside the web and/or the Mindsurf app (if any). In addition, we cannot answer, with respect to third-party pages, platforms or sites, about their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their content, in general.

Consequently, the existence of any type of link to another site, page or platform will not imply any type of relationship, collaboration or dependence with the owner (s) of that site, page or platform.

Regarding links from other web pages to Mindsurf, whether through buttons, links, banners or embedded content, these are managed by third parties unless otherwise indicated.

Mindsurf has no power or human or technical means to know, control or approve all the information, content, products or services provided by other web pages that establish links to the web and/or Mindsurf.

In addition, Mindsurf prohibits any type of link to the web from a site, platform or page that contains materials, information or content that is illegal, illegal, degrading, obscene and, in general, that contravene laws, morals or public order. However, you can link to the web from other pages, platforms or sites, as long as a series of minimum requirements are met, namely:

1. The page, platform or site on which the link is located may not reproduce, in part or in full, the content of the web (web scraping);
2. It is not allowed to create a browser or a border environment on the sections of the web, nor can the website or app be modified in any other way;
3. It is not allowed to make false or inaccurate or incorrect statements or indications about the website or the app and/or, in particular, to declare or imply that Mindsurf has authorized the link to the web and/or that it has supervised or assumed in any way the content or services offered or made available on the website where said link is established;
4. The web page on which the link to the website or app is established will not contain illegal information or content, contrary to morals and public order, nor content contrary to any third party rights, including intellectual or industrial property rights and/or the right to honor, to personal and family privacy or to one's own image, or content contrary to the regulations governing the protection of personal data.

10.3.- ERRORS, INACCURACIES AND OMISSIONS.

The Services may occasionally present typographical errors, inaccuracies or omissions related to product descriptions, prices, promotions, offers and product availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time and without notice (even after you have submitted your order).

11.- LIMITATION AND RELEASE OF LIABILITY FOR MINDSURFING.

The User accepts and recognizes that Mindsurf and its Services are only an informational site, and will not provide medical opinions or opinions, and that the Services do not include hospital care services, nor are they a substitute for hospital care or for recommendations and diagnoses or treatments from doctors. Therefore, the User releases Mindsurf from any obligation and/or responsibility with respect to their care, and is obliged to seek treatment and diagnosis with a duly accredited health specialist.

The registration and any use of the Services are carried out at the sole and complete risk of the User, thus assuming all risks associated with the loading and transmission of material and the use of the website, including confidence in its accuracy, reliability or legality, without any warranty on the part of Mindsurf, including the guarantees of commercialization, suitability, non-infringement, compatibility, security or accuracy, so the User expressly disclaims all guarantees of the information published or transmitted by the Consultants and/or members of the Services, by virtue of this, it does not reserve or exercise any action of any nature, against Mindsurf, its partners, shareholders, employees, proxies and collaborators, subsidiaries and/or subsidiaries, or any other member, as well as business partners and suppliers, that could result directly or indirectly from any risk that may suffer or may occur to the User or the people who interact with the Services, including, but not limited to: self-diagnosis, depression, illness- interpretation of the results, contact with third parties, poisoning, third-party misdiagnosis, or any other risk that may arise from the interaction between the User and third parties derived from the Services. Under no circumstances will Mindsurf be liable to any User for indirect, incidental, consequential, special, punitive, or exemplary damages, including, but not limited to, loss of business, revenue, profits, use, data, or other economic advantage.

We cannot guarantee or be responsible for:

1. The continuity of the contents and services of the web or app, due to events beyond our control;
2. The absence of viruses and/or other harmful components on the website, the app or on the server through which we provide our services;
3. The vulnerability of the web or app;
4. The lack of utility or performance of the contents and services of the web or app; and
5. To the extent legally reasonable, any damage or harm caused, to himself or to a third party, by any person who violates the conditions, rules and instructions established on the website or app, or through the violation of the security systems of the web or app.

However, we ensure that we have adopted all the necessary measures, within our possibilities and the state of the art, to guarantee the operation of the website or app and to minimize its errors, both from a technical point of view and from the content published by us as providers on the web.

We cannot be responsible for the veracity, integrity or updating of the information published on the web or app from outside sources, nor for that contained on other platforms to which a link is made from the web or app.

Mindsurf, to the extent legally possible, will not be responsible for direct or indirect damages resulting from a use or misuse of the website or app that exceed the amount paid by the customer as a price.

The User understands that the network of specialists provided within the Services has no relationship with Mindsurf and that it is an informational application for Users if they do not have their own specialist, recognizing that any information from third parties, the use of data and interaction with them is solely their responsibility. Therefore, it releases Mindsurf from any responsibility for the use, diagnosis, consideration, consultation, schedule or any other matter related to any of the specialists. Because of the foregoing, the User will be solely responsible for any agreement they choose to make with a Consultant.

This limitation of liability clause will remain in effect after the termination or expiration of this Agreement.

With regard to mental health services, provided by Consultants licensed in psychology, the following should be kept in mind:

IF THE USER IS EXPERIENCING SUICIDAL IDEATION, OR IF THE USER IS CONSIDERING HARMING HIMSELF OR OTHERS, OR IF THE USER FEELS THAT ANY OTHER PERSON IS IN DANGER OR IF THE USER HAS ANY MEDICAL EMERGENCY, AND IN GENERAL, IF THE USER IS EXPERIENCING A CRISIS OR EMERGENCY, THE USER SHOULD CONTACT THE LOCAL EMERGENCY HEALTH SERVICES AND NOTIFY THE RELEVANT PROFESSIONALS.

THE PLATFORM IS NOT INTENDED TO PROVIDE A CLINICAL DIAGNOSIS THAT REQUIRES AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVAL FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR THE CERTIFICATION OF AN EMOTIONAL SERVICE DOG. NOR IS IT INTENDED TO PROVIDE INFORMATION ABOUT WHAT MEDICATIONS OR MEDICAL TREATMENTS MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD IGNORE ANY SUCH ADVICE IF OFFERED THROUGH THE PLATFORM.

DO NOT IGNORE, AVOID OR DELAY OBTAINING IN-PERSON MEDICAL CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF THE INFORMATION OR ADVICE RECEIVED THROUGH THE PLATFORM.

Mindsurf is not aimed at the cases of crisis or emergency mentioned above and Consultants cannot provide the consultancy that the User requires.

Mindsurf is not intended to provide clinical diagnoses required for any evaluation, including those required by administrative or judicial authorities.

Mindsurf and its consultants do not provide medical care and do not prescribe medications or drugs.

12.- OPERATION OF THE SERVICES.

The User acknowledges that the operation of the Services depends on several factors related to the online service. Therefore, the User assumes that there is no guarantee or security that the services provided will be uninterrupted, timely, secure or error-free.

12.1.- HACKING.

The User accepts and undertakes not to attempt to damage, deny service, hack, crack, reverse engineer, or interfere with the Services in any way. In addition, the User acknowledges that accessing the Services for the purpose of copying Mindsurf's processes and methods is prohibited. If in any way you interfere with them or carry out any prohibited activity, the User undertakes to pay all damages caused to Mindsurf. Mindsurf will cooperate with the authorities in prosecuting any User who interferes with the Services, carries out any prohibited activity, or attempts to commit fraud against us or any other party through the use of the Services. Mindsurf reserves the right to deny part or all of the access to the Platform or the service to any User for any reason, at any time, at our discretion. The User accepts that we may block your IP address or addresses at any time and at our discretion to not allow continued use of the Services.

13.- INTELLECTUAL PROPERTY, BRANDS AND COPYRIGHTS.

The intellectual property rights of the Services and content found within the Mindsurf platforms (including but not limited to: brands, slogans, images, sound, video, software, etc.), are the exclusive property of Mindsurf. Intellectual property rights refer to all trademarks registered and/or used in Mexico or abroad, as well as all rights to inventions (patented or not), industrial designs, utility models, confidential information, trade names, commercial notices, reservations of rights, domain names, as well as all types of property rights in works and creations by copyright and other forms of industrial or intellectual property recognized or that come to recognize the corresponding laws.

You acknowledge and agree that the Services may contain content or features that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights and laws. Unless explicitly authorized by Mindsurf, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on or based on the Services or their contents, in whole or in part. In connection with your use of the Services, you will not participate in or use any data extraction methods, robots, scraping, or similar methods of collecting or stealing data. If Mindsurf blocks your access to the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, masking your IP address or using a proxy IP address). Any use of the Services or their content, other than as specifically authorized in this document, is strictly prohibited.

The technologies and software underlying or distributed in connection with the Services are the property of Mindsurf, our affiliates, partners, and/or allies. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble or attempt to discover any source code, sell, assign, sublicense or transfer any right to the Software.

Mindsurf reserves all rights not expressly granted in this document. The Mindsurf name and logos are trademarks and service marks of Mindsurf. Other Mindsurf names and logos, products and services used and displayed through the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Mindsurf. Without our prior written permission, the User cannot and should not interpret as granted any license or right to use any of the Mindsurf trademarks displayed on the Services. All the goodwill generated by the use of Mindsurf's trademarks will benefit us exclusively.

If the User considers that the Services violate or violate in any way the intellectual property rights of third parties, they must notify Mindsurf, at the address indicated in this Agreement, together with all the information in this regard.

In this context, the User is informed that Mindsurf owns or, where appropriate, has the corresponding licenses for the intellectual and industrial property rights necessary to offer its services and use the content offered therein, including the site itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.

References to trademarks or trade names or other registered distinctive signs, whether owned by Mindsurf or third parties, are accompanied by a prohibition on their use without the prior, express and written consent of Mindsurf or its owners. At no time does access or use of the website or app confer legitimacy, ownership or possession over any of those mentioned. Users and/or customers will only enjoy a right of use with respect to the content and/or services.

It is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the content included in the web, the app and/or Mindsurf, for any purpose, without the prior, express and written authorization of Mindsurf, or, where appropriate, the owner of the corresponding rights. It is also prohibited to delete or manipulate copyright indications or other credits that identify the rights holders of the content that the user finds on the web or app, as well as technical protection devices, fingerprints, or any protection mechanism or information incorporated into the content offered.

With regard to any information or content of any kind that the user sends to Mindsurf, he declares, guarantees and accepts: a) that he has the right to do so freely; b) that such information does not infringe any intellectual, industrial property, trade secret or any other rights of third parties; and, c) that such information is not confidential or harmful to third parties.

The user guarantees to hold Mindsurf harmless from claims, procedures, damages, costs, fees (including legal fees), interests and expenses, direct or indirect, derived from any communication or content that the user and/or client sends to Mindsurf.

If for any reason or means the user becomes aware of the existence of any content that is illegal, illegal, contrary to the laws or that could constitute an infringement of intellectual, industrial, or any other property rights, for third parties or for the user, the user must immediately notify Mindsurf by email - previously mentioned or in writing - to the address indicated above - so that appropriate measures can be taken, at their sole discretion. If you are an owner, or assignee, who has your rights affected, you must send a communication with at least the following information: a) identification data and means of contact; b) documentation that proves your status as owner or transferee; c) a factual assumption of the violation or violation and exact location within the web and/or app, of said act; d) express declaration that the use of the contents has been made without the consent of the owner.

13.1.- LIMITED LICENSE FOR SERVICES.

Mindsurf hereby grants the User a limited, non-exclusive, revocable license without the right to sublicense, for the latter to use the Services purchased in accordance with this Agreement. This license will be in force as long as the relationship between Mindsurf and the User is maintained, or until it is canceled by Mindsurf. In the event that, in accordance with the legislation, it is necessary to establish a term of validity of the license granted by Mindsurf, it will be valid for 1 (one) year, automatically renewable for periods of the same duration until it is canceled or when the relationship between Mindsurf and the User ends for any reason.

In view of the above, the User is expressly prohibited from selling, renting, allowing access to third parties, redistributing and/or transferring the content of the Services.

In the event that Mindsurf uses any type of third-party software included in the Services, it is provided to the User in accordance with the user licenses, terms and conditions, as well as restrictions established by the owner.

In addition, the Services have been created for the operation and development of Mindsurf activities and serve as a tool to complete the Services provided to Users, as well as to inform Users about the details of any type of commercial or promotional activity of the Mindsurf Services and Programs.

13.2.- CONFIDENTIAL INFORMATION.

All information disclosed by Mindsurf, its subsidiaries and/or subsidiaries, verbally, electronically, visually, in writing or in any other tangible form, including but not limited to ideas, formulas, databases, standards, articles, studies, brochures, publications, manuals, systems, procedures, reports, technical reports, minutes, know-how, industrial secrets, patents, copyrights, software, licenses, data, inventions, algorithms, techniques, processes, plans and projects for marketing, advertising, strategies, forecasts, information confidential from third parties, lists of customers, contacts and/or suppliers, business plans, market analysis, market knowledge or any other technical, economic, related to or related to operations, business development, product development, development of new projects, finance, marketing, advertising, commercial promotions, logistics, promotional exchange operations or any other information whose disclosure and exhibition, business or any other nature is and will remain the property of Mindsurf, for which reason the User does not acquire any type of right, license, property or interest in it, to copy, sell, use or dispose of it in any way, being expressly and exclusively limited to using it for the purposes indicated by Mindsurf.

The User undertakes not to seize, use or exploit, by himself or by third parties, directly or indirectly, for his own benefit or that of third parties and not to disclose or disclose to third parties the Confidential Information, to which he has, has or will have access in the future. In addition, the User undertakes to take all reasonable measures to avoid any prohibited dissemination and/or misuse of Confidential Information.

The User expressly acknowledges that the Confidential Information that Mindsurf has provided to him or that it provides to him in the future may also constitute an Industrial Secret, under the terms of article 82 of the Industrial Property Act, and/or its analogue in the applicable legal legislation of the place where the User is located, or law that replaces the current legislation, so he undertakes not to disclose or disseminate said Industrial Secret, by any form or means and to be governed by Title Three of the Property Law Industrial. The foregoing, without prejudice to the corresponding civil and/or criminal penalties for violation of Intellectual Property Rights, including the crime of disclosure of secrets, contemplated in articles 210, 211, 211 bis and other related articles of the Federal Criminal Code.

14.- FULL AGREEMENT.

These Terms and Conditions, as well as the respective usage policies published by Mindsurf on the website constitute the entire agreement between the user and Mindsurf and govern the use of the Services and supersede any previous agreement between the User and Mindsurf, prior or contemporaneous communication and proposal, verbal or written, between them (including, but not limited to any previous version of the Terms and Conditions). You may also be subject to additional terms and conditions that may apply to you when you use affiliate or third-party services, third-party content, or third-party software.

The failure of Mindsurf to exercise or enforce any right or provision established in favor of us in these Terms and Conditions will not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms and Conditions is invalid, the others will prevail and will continue to be enforceable and binding.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action that arises from or is related to the use of the Services or these Terms and Conditions must be filed within 1 (one) year after such claim or cause of action, otherwise your right will have been prescribed and you will tacitly accept the waiver to bring any claims against Mindsurf.

Likewise, the User accepts and recognizes that a printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or related to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You cannot assign these Terms and Conditions without the prior written consent of Mindsurf, but Mindsurf may assign or transfer them in whole or in part and without any restrictions.

The titles of the sections of these terms and conditions are for convenience and easy placement only, however, they have no legal or contractual effect.

14.1.- RESOLUTION.

The obligations and liabilities incurred by the parties will survive with all their effects the termination of this agreement.

These terms and conditions will be effective unless this agreement is terminated by the user or by Mindsurf.

The user may terminate the service at any time by giving notice stating that they do not want to continue with it. A prolonged lack of use of our website may mean the termination of the service.

Mindsurf reserves the right to terminate this agreement if it notices and/or suspects a breach by the user of any term or provision of these Terms and Conditions. In addition, Mindsurf reserves the right to terminate this agreement without notice and at any time. Mindsurf reserves the right to deny the user access to all or part of its website and/or the services offered.

The user will remain responsible for all amounts due for their affiliation to this service and/or for consultants' fees, even at the conclusion of this agreement for any of their reasons.

14.2.- INEFFECTIVE PROVISIONS.

In the event that any clause or part of it is considered unenforceable or is declared null or invalid in accordance with applicable law, it will be replaced by a term or condition that is valid and that can fulfill the purpose of the clause or part that is not enforceable or that has been declared null or invalid. The other Contracts will continue in full force. Any right not expressly conferred in this document is understood to be reserved to Mindsurf.

14.3.- NON-COMPLIANCE.

In the event of a breach of any of the obligations of this Agreement, as well as applicable legislation, Mindsurf may suspend access to the Services or delete the User's profile; without prejudice to the legal actions available in favor of Mindsurf in the event that any conduct of the User causes harm or prejudice.

The User undertakes to release Mindsurf in peace and security for any claim, complaint, demand, complaint or proceeding of any kind derived from their non-compliance, and must reimburse Mindsurf for all expenses incurred for their defense, including but not limited to attorney fees, as well as any type of compensation paid by Mindsurf.

14.4.- APPLICABLE LAW AND JURISDICTION.

This agreement, as well as its Terms and Conditions, will be governed by and interpreted in accordance with the laws of the Mexican Republic. Any action or claim that arises in connection with this agreement, regardless of the user's place of residence or residence, will be subject to the Jurisdiction and Jurisdiction of the Judges and Courts of Mexico City. The user expressly accepts the competence of that jurisdiction and waives any questioning or exception based on domicile or nationality.

Therefore, you acknowledge and accept that this Agreement will be concluded electronically, in accordance with the electronic contracting rules indicated in the Commercial Code, which will be binding and therefore this Agreement constitutes an agreement of will and binding on both parties.

If the user uses the services of the Platform, it means that they have read, understood and consented to the terms set out above. To resolve any questions in this regard and any related questions, as well as to report any violation of these Terms and Conditions or to ask any questions related to them, we provide you with the following email: hello@mindsurf.ai.

Last Updated: May 30, 2022

MINDFUL, S.A.P.I. DE C.V.

Total or partial reproduction, by any means or form, is prohibited,
without the prior, express and written authorization of its owner.

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