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TERMS AND CONDITIONS OF USE
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AND THE RIGHT TO A JURY TRIAL AS DETAILED IN SECTION 14 (BINDING ARBITRATION AND CLASS ACTION WAIVER) BELOW. IT REQUIRES YOU AND MINDSURF, YOUR PROVIDER, AND CERTAIN OTHER MINDSURF PARTNERS TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ CAREFULLY.
Mindsurf owns and operates online products and services. This Terms and Conditions of Use (“Terms of Use”) governs your access and use of our Services (as defined below) and the websites located at https://terapia.mindsurf.ai, https://mindsurf.ai and any other U.S. websites on which we post these Terms of Use, and the affiliated Mindsurf mobile application on which we post these Terms of Use (collectively, the “Platform”).
Mindsurf offers each person (the individual "User" or collectively "the Users") depending on the type of Service that the User decides to use, access to our Platform and/or online service to access professional counseling services (if applicable), consulting, therapy, counseling and related services, by certified consultants, (this will only apply in the event of requiring and hiring the professional service), advisors or counselors. Mindsurf defines a certified consultant as any professional, specialist, expert, certified psychologist or any other person with at least a bachelor's degree, who registers to provide consulting services, through the Platform, on behalf of registered users. Mindsurf defines an advisor or counselor as any coach, advisor, guide, mentor or any other person who does not necessarily have a bachelor's degree; and therefore, their advice cannot and should not be considered certain and/or unquestionable; and who provides advisory or counseling services, solely and exclusively through the Platform, on behalf of registered users.
Please review these Terms of Use carefully. By accessing, registering and/or using the Platform, using our Services, enabling push notifications, accessing, browsing and/or using any other subdomain, domain linked or redirected to it and/or mobile application compatible with the iOS and/or Android operating systems, which allows access to these sites, you accept and agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Platform or Services and you must promptly exit the Platform and stop using the Platform.
Use of the Platform and Services as described above unequivocally constitutes immediate and tacit consent and obligation to adhere to the conditions of use of the Platform, i.e. these Terms of Use, so it is the duty of the User to read them carefully each time you intend to enter the website, because this policy may change without notice. The continued use and access of the Platform by the User, after any publication of any modifications to the Terms of Use, shall constitute the acknowledgment of acceptance of such changes.
In these Terms of Use, the terms “you” and “your” means you, as the user of the Platform, your dependents if any, any other person accessing your User Account (as defined below), and each of your heirs, assigns, and successors.
MODIFICATIONS TO THE TERMS OF SERVICE
We reserve the right, at our sole discretion, to change or modify part(s) of these Terms of Use at any time. If any changes and/or modifications are made, depending on the nature, we will post the changes on the website https://terapia.mindsurf.ai and/or https://mindsurf.ai and indicate at the bottom of such Terms of Use the date these terms were last modified and/or notify you, either through the user interface of the Platform, in an email notification or by other reasonable means and as required by applicable law. Any such changes will be effective no sooner than fourteen (14) days after posting, except that changes addressing new features of the Platform or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date such changes become effective constitutes your acceptance of the new terms of service.
WHO WE ARE
The website located at the URL https://terapia.mindsurf.ai and/or https://mindsurf.ai and the mobile application (if applicable) are property of MINDFUL, S.A.P.I. DE C.V., with address at Boulevard Adolfo Ruiz Cortines, Número Exterior 3720, Interior Torre 1 Piso 7, Colonia Pedregal San Ángel, C.P. 01900, Alcaldía Álvaro Obregón, Mexico City, Mexico and contact email: hello@mindsurf.ai.
Mindsurf through its website https://terapia.mindsurf.ai and/or https://mindsurf.ai, offers each person (the individual "User" or collectively "Users") an online platform to access professional counseling services (if applicable), consulting, therapy, counseling and related services, by certified consultants, (this will only apply in the event of requiring and hiring the professional service), advisors or counselors. A certified consultant is any professional, specialist, expert, certified psychologist or any other person with at least a bachelor's degree, who registers to provide consulting services, through the Platform, on behalf of registered users. An advisor or counselor is any coach, counselor, guide, mentor or any other person who does not necessarily have a bachelor's degree; and therefore, their advice cannot and should not be considered certain, certain and/or unquestionable; and who provides advisory or counseling services, solely and exclusively through the Platform, on behalf of registered users.
The User acknowledges and understands that Mindsurf, the Platform and their content, are solely and exclusively for informational purposes and are not designed to be used in crisis situations such as; complex or severe mental health conditions that cause suicidal ideation, abuse, harm to self and others, and/or any medical or hospital emergency. In these cases the Platform will only be limited to suggesting the User to seek specialized medical attention in case of crisis. Our services do not and will not replace, in any case, the attendance to a personal consultation with a psychological professional duly qualified and accredited according to the laws applicable to the service.
PLEASE READ THESE TERMS OF USE 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.
These Terms of Use contain thefollowing sections:
2.2 Your Registration Obligations
2.3 Member Account, Password And Security
2.4 Modifications To The Services
2.5 General Practices Regarding Use And Storage
2.6 Mobile Services
5. PAYMENTS
7. AVAILABILITY OF SERVICES AND EXPORT COMPLIANCE
10.1 Optional Tools
10.2 Third Party Links
10.3 Errors,Inaccuracies And Omissions
11. LIMITATION AND RELEASE OF LIABILITY FOR MINDSURF
11.3 Release
11.3 Indemnification
12.1 Hacking
13. INTELLECTUAL PROPERTY, TRADEMARKS AND COPYRIGHTS
13.1 Limited License Of Services
13.2 User Materials
13.4 Feedback
14. COMMUNICATIONS
15. GENERAL TERMS
15.1 Complete Agreement
15.2 Resolution
15.3 Force Majeure
15.5 No Waiver
15.6 Assignment
15.7 Amendments to Terms of Use
15.9 Non-Compliance
15.10 Applicable Law And Jurisdiction
1. ABOUT THESERVICE.
Mindsurf offers its Services to the Userthrough and including, but not limited to: websites located at the URL https://terapia0706l,S.A.P.I. de C.V.'s own or third party variants, to connect you with a certifiedconsultant(s) who will provide their services within their profession orspecialty; or when the User so chooses, with an advisor or counselor, who willprovide guidance within their own experience, solely and exclusively on thePlatform. Mindsurf requires that all consultants have a valid license for theexercise of their profession or certificate attesting to their specialty, withthe exception of counselors or advisors, as they are not trained or specialistsin any way, since their guidance or advice is solely and exclusively based ontheir own experiences.
The consultant is solely responsible forthe correct and accurate presentation of their skills, qualifications, backgroundand any other information provided to this website during the use of theservice platform or during direct dealings with the user.
Mindsurf doesnot provide medical services, including via the Platform. Mindsurf operates thetechnology platform through which you can connect with Providers who rendercounseling and consultant Services and receive other available Services. TheProviders matched through the Platform are independent professionals notemployees, agents or representatives of Mindsurf, and they use independentprofessional judgment in rendering Services. Mindsurf only serves as an intermediarybetween the User and the consultant, without being responsible for theadequacy, quality or timeliness of the service provided by the consultant. Ifthe User is not satisfied with the consultancy provided, we suggest changingthe consultant within the platform. Mindsurf provides administrative, payment,technological and other supportive non-clinical services to the Providers, butMindsurf does not own or have any ownership interest in the Providerscounseling our consulting practices and the Providers do not own or have anyownership interest in Mindsurf. The Providers, and not Mindsurf, areresponsible for the quality and appropriateness of the care they render to youon the Platform, and any professional advice received from a Provider on our Platformcomes from the Provider alone and not from Mindsurf.
MINDSURF IS NOT A MEDICAL OR HEALTHSERVICES ORGANIZATION PROVIDER OR FORUM, AND WE DO NOT ENGAGE IN PATIENTDIAGNOSIS OR THE PRACTICE OF MEDICINE. THE CONTENT AND MEMBER CONTENT PRESENTEDBY AND THROUGH THE SITE AND/OR SERVICES IS IN NO WAY INTENDED AS MEDICAL AND/ORPSYCHIATRIC ADVICE OR THERAPY, AND IS NOT PROVIDED FOR THE PURPOSE OFDIAGNOSING OR TREATING MEDICAL AND/OR PSYCHIATRIC PROBLEMS OR CONDITIONS, NORIS IT A SUBSTITUTE FOR MEDICAL AND/OR PSYCHIATRIC TREATMENT AND/OR THERAPY. THESITE AND SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OFA LICENSED HEALTHCARE PROVIDER OR MEDICAL PROFESSIONAL. USE OF THE SITE AND/ORSERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP. ACCORDINGLY, WHILECOMMUNICATIONS BETWEEN YOU AND MINDSURF ARE COVERED BY OUR PRIVACY POLICY, THEYARE NOT PROTECTED BY PHYSICIAN-PATIENT PRIVILEGE OR DOCTOR-PATIENTCONFIDENTIALITY. ALL CONTENT AND MEMBER CONTENT THAT IS MADE AVAILABLE BY ANDTHROUGH THE SITE AND/OR SERVICES SHOULD BE DISCUSSED AND CONFIRMED WITH YOURPHYSICIAN, PSYCHIATRIST, THERAPIST OR OTHER HEALTHCARE PROVIDER BEFORE ADOPTINGANY WELLNESS PROGRAM, EXERCISE PROGRAM, OR OTHER TREATMENT, WHETHER OFFERED ONTHE SITE, THROUGH THE SERVICES OR OTHERWISE. USE OF THE SITE, SERVICES, CONTENTAND MEMBER CONTENT FEATURED THEREIN, IS AT YOUR OWN RISK. INFORMATION ANDSTATEMENTS REGARDING SOME OF THE PRODUCTS AND/OR SERVICES FEATURED BY ANDTHROUGH THE SITE AND/OR SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUGADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANYDISEASE OR PSYCHOLOGICAL DISORDER.
The Services arenot health insurance or a substitute for health insurance, and the amounts youpay for Services on the Platform are not insurance premiums. The Services donot meet any individual health insurance mandate under federal or state law. Ifyou desire any type of health or other insurance coverage, you will need toacquire such insurance separately.
Outside of healthcare advice you receive directly from a Provider, the content of the Platformprovided as part of the Platform, including without limitation, text, copy,audio, video, photographs, illustrations, graphics, and other visuals, is forinformational purposes only and does not constitute professional medicaladvice, diagnosis, treatment, or recommendations of any kind by Mindsurf. Allinformation provided by Mindsurf, or in connection with any communicationssupported by Mindsurf is intended to befor general information purposes only, and is in no way intended to create ahealth care provider-patient relationship.
The Services maychange from time to time, and Mindsurf may choose to add new Services orsuspend or discontinue some or all of the Platform, in its sole discretion.
2. ACCESSTO THE WEB OR APP.
Only users eighteen (18) yearsof age or older and who have accepted these Terms of Use may access thePlatform or Services. By visiting, accessing, registering with or using thePlatform, or by purchasing or using any Services through the Platform, yourepresent and warrant to Mindsurf that you are a natural person and of 18 yearsof age or older. If you are under the age of 18, please do not attempt toaccess the Platform, register for our Services, or provide any personalinformation about yourself to us. If we learn that we have collected personalinformation from someone under the age of 18, subject to applicable laws, wewill promptly delete that information. If you believe we have collected personalinformation from someone under the age of 18, please contact us at hello@mindsurf.ai.
In the event that these limitations are notobserved, the users themselves or, if applicable, the parents or legalguardians of the User will be directly liable for any type of damage or harmthat may be caused, whether direct or indirect.
2.1. – Description Of Use: Mindsurf services, and any content viewedthrough our service, is solely for your personal and non-commercial use. Bypaying your consideration(s) you agree not to use the service for publicperformances. Mindsurf may revoke your account at any time at its solediscretion. Upon such revocation, you must immediately destroy all contentdownloaded or otherwise obtained through the service, as well as copies of suchmaterials, whether made in accordance with these Terms of Use or otherwise.
2.2. – Your Registration Obligations: Youmay be required to register with Mindsurf in orderto access and use certain features of the Platform. If you choose to register forthem, you agree to provide and maintain true, accurate, current and completeinformation about yourself as prompted by the registration form. Registrationdata and certain other information about you is governed by our Privacy Notice.If you are under the age of 18, you are not authorized to use the Service, withor without parental consent.
2.3. – Member Account, Password AndSecurity: Youagree that all information you submit to create your User Account, includingbut not limited to your name, date of birth, address, phone number, and emailaddress, shall be truthful, accurate, and complete, and you shall maintainaccuracy and completeness of the information associated with your User Account.You will be required to select a password to access your User Account. YourUser Account is personal to you, and you are solely responsible for maintainingthe confidentiality of the credentials to access your User Account, and you areresponsible for all activity that occurs under your User Account. You may not allowanother individual or third party to access, use, or modify your User Account.You are responsible for maintaining the security of your User Account,including keeping your login credentials secret to only yourself.
Please contact hello@mindsurf.ai. immediatelyif you suspect that another individual or third party has gained access to yourUser Account.
2.4. – Modifications To The Services: Mindsurf reserves the right tomodify or discontinue, temporarily or permanently, any part of the Platform withor without notice. You agree that Mindsurf shall not be liable to you or to anythird party for any modification, suspension or discontinuance of the Platformor any part thereof. Mindsurf shall not be obligated to retain any of youraccount information or submitted content for any period of time beyond thatwhich may be required by applicable law.
2.5. – General Practices RegardingUse And Storage: TheUser acknowledges that Mindsurf may establish general practices and limitsregarding the use of the Platform, including, among others, the maximum periodof time that data or other content will be retained and the maximum storagespace that will be allocated on Mindsurf's servers. You further agree thatMindsurf has no responsibility or liability for the deletion or failure tostore any data or other content maintained or uploaded by the Platform or bythe User. Likewise, you acknowledge that Mindsurf reserves the right toterminate accounts that are inactive for an extended period of time. Youfurther acknowledge that Mindsurf reserves the right to change these generalpractices and limits at any time, in its sole discretion, with or withoutnotice.
2.6. – Mobile Services: The Services may include certain servicesthat are available through a mobile device, including (i) the ability to uploadcontent to the Platform through a mobile device, (ii) the ability to browse thePlatform and the Site from a mobile device, and (iii) the ability to accesscertain features through an application downloaded and installed on a mobiledevice (collectively, the "Mobile Services"). To the extent youaccess the Platform through a mobile device, your wireless carrier's standardcharges, data rates and other fees may apply. In addition, your carrier mayprohibit or restrict the download, installation or use of certain mobileServices, and not all mobile Services may work with all carriers or devices. Byusing the Mobile Services, you may provide your phone number. By providing yourphone number, you agree to receive calls and/or SMS, MMS or text messages atthat number. We may share your phone numbers with our affiliates or with ourservice providers (such as customer support, billing or collection companiesand text messaging service providers) with whom we have contracted to assist usin exercising our rights or providing our Services under these Terms of Use,our policies, applicable law or any other agreement we may have with you. Youagree that these parties may also communicate with you via autodialed orprerecorded calls and text messages as authorized by us to carry out thepurposes we have identified above, and not for their own purposes. In the eventthat you change or deactivate your cell phone number, you agree to immediatelyupdate your Mindsurf account information to ensure that your messages are notsent to the person who acquires your old number.
2.7.– Cancellation And Refunds: Unless otherwise stated, asrequired by applicable law in your jurisdiction, or as set forth in the refundpolicy applicable to any service you purchase through a third partymarketplace, (see Section 8. below), all purchases are final and once paid, allfees, are non-refundable regardless of whether Services are utilized, except asprohibited by applicable law. When you cancel a serviceon the Platform, you cancel only future charges associated with that service.You may initiate your cancellation at any time, but the cancellation willbecome effective at the end of your current service Period. You can cancel nolater than the day before your next scheduled billing date to cancel your service. If you do not cancel before this time, Mindsurf reserves the right to chargeyou for the next service period and cancel your service in the following serviceperiod. Notwithstanding any other terms, Mindsurf reserves the right tocancel your access in its entirety at any time and for any reason, with orwithout prior notice. In the event that Mindsurf exercises its right to cancelaccess, it will refund the current access period’s fee as required by law. Mindsurfwill cancel your access if it observes any violation of these Terms of Use andno refund will be given for any cancellation based on Terms of Use violations.Violations are determined at the sole discretion of Mindsurf hereunder. Wereserve the right to issue refunds or credits at our sole discretion. If weissue a refund or credit in one instance, we are under no obligation to issuethe same refund or credit in the future.
3. PURPOSEOF THE SERVICES.
Mindsurf as a service provider, offers,among others, the following services:
Through the website: (i) information about the app;(ii) a way to access the app in the respective marketplaces or access to thecatalog of its network of specialists in order to schedule appointments withconsultants; (iii) means to contact us; (iv) information on fees and costs ofservices; (vi) ability to manage payments for services; and (vii) otherservices necessary for the operation of the app.
Through the Mindsurf app: (i) provides contact with aconsultant and/or consultants, who will provide services within theirprofession or specialty; (ii) pre-diagnosis of mental health disorders andemotional well-being; (iii) behavioral risk prevention; (iv) individualreporting; (v) access to a network of specialists for one-on-one therapy; (vi)appointment management with consultants; (vii) manage payments for services;(viii) other services necessary for the operation of Mindsurf.
You areresponsible for obtaining and maintaining your device, software, operatingsystem, carrier and network access necessary to properly access and use thePlatform. Mindsurf does not guarantee that the Platform or any portions thereofwill function on or in connection with any particular device, software,operating system, carrier, or network. Mindsurf will have no liability forerrors, unreliable operation, or other issues resulting from use of thePlatform on or in connection with rooted or jail broken devices or use on anymobile device that is not in conformance with the manufacturer’s originalspecifications, including, but not limited to, use of modified versions of theoperating system. All rate and data fees of your device’s carrier apply to youruse of the Platform and Services and Mindsurf is in no way responsible for yourcarrier rates and data fees, where applicable.
IMPORTANT NOTICE:THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF PSYCHOLOGY, CLINICAL, SOCIAL, OROTHER COUNSELING, DIAGNOSIS OR TREATMENT BY A PSYCHOLOGICAL PROFESSIONAL.RELIANCE ON THE SERVICES AND INFORMATION PROVIDED BY THE SERVICES OR THE APP ISAT YOUR OWN RISK. OUR SERVICES DO NOT AND WILL NOT REPLACE IN ANY WAY PERSONALCONSULTATION WITH A PSYCHOLOGICAL PROFESSIONAL DULY QUALIFIED AND ACCREDITEDACCORDING TO THE LAWS APPLICABLE TO THE SERVICE.
NEVER IGNOREPROFESSIONAL HEALTH ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVEREAD IN THE SERVICES.
4. USERIDENTIFICATION.
To access the Platform on the Platform, youmust first create a personal user account with Mindsurf through the Platform(“User Account”). To create a User Account, you must accept and agree to theseTerms of Use. You may be required to satisfy certain conditions precedent imposedby Mindsurf (including, for example, providing additional information toMindsurf, and entering into additional agreements with Mindsurf and/or itsthird-party affiliates). You may only have one (1) User Account. A User Accountis not transferable between individuals.
Mindsurf may, but does not assume theobligation, to request further information from you to provide the Platform. Ifyou do not timely provide this information in the manner requested, we reservethe right to suspend, discontinue, or deny your access to and use of thePlatform and the Platform until you provide the information to us as requested.Without limitation, Mindsurf may refuse to provide its Services to you, cancelyour Subscription or deactivate your User Account for any reason in Mindsurf’ssole discretion, including where we suspect fraud or illegal activity. Thisincludes, but is not limited to, stolen payment information or falsifiedmedical information.
You may deactivate your User Account by contacting hello@mindsurf.ai.. Without limiting the survivalof certain provisions in these Terms of Use, the Terms of Use shall continue toapply to our relationship with you unless you deactivate your User Account inaccordance with these Terms of Use. For clarity, canceling a Subscription willnot operate to deactivate your User Account or the Terms of Use governing yourUser Account.
5. PAYMENTS.
At the time of the creation of aUser account on the Platform, the User declares the following:
● They are of legal age of majority according to Local, State andFederal laws.
● The User confirms that they are legally able to enter into thisagreement.
● That the User accepts that the User must have the appropriatetechnical requirements (Hardware, Software, Internet connection, etc.) for theproper functioning of the website and its service platform.
● The User assumes full responsibility for the use of the accesspassword and must adopt measures to protect its confidentiality.
● The User shall immediately notify the website of any unauthorizeduse of his or her account or any breach of his or her account securitymeasures.
● The User agrees that the User will not use another person'saccount to access the Platform for any reason.
● The User agrees to use the platform solely for his or her ownbenefit. The User is prohibited from using the platform on behalf of and/or infavor of any other person or organization.
● The User may only contact or communicate with the Consultantthrough the platform.
● The User agrees to pay all charges associated with its membership,as well as all fees for services rendered by the Consultant in accordance withits duration and at the pricing rates for services published on the website,prior to the session.
Your Payment Information.
Mindsurf will charge anyfees associated with your User Account to your credit card or debit card onfile with Mindsurf, as identified in your User Account, in accordance withthese Terms of Use. Invoices or receipts for payments will be emailed to you oravailable through your User Account. You represent and warrant that (i) thecredit card or debit card information you provide to Mindsurf is true, correctand complete, and (ii) that you are the person in whose name the credit card ordebit card was issued and/or you are authorized to make a purchase with therelevant credit card or debit card. You will promptly notify Mindsurf ifyour payment information has changed, if your payment method has beencanceled, or if you become aware of a breach of security. You acknowledge thatwe may process an authorization hold using your payment information in order toverify the information provided. If your payment card details change or are dueto expire, we may request updated payment details from you, including your cardnumber, expiration date, and CVV (or equivalent). By providing us updatedpayment information, you authorize us to continue to charge your card using theupdated information so that you can continue to receive your Subscription orother Services.
If any invoice is not paid in a timely manner, or your payment is notsuccessfully settled, due to expiration, insufficient funds, chargebacks, orotherwise, we reserve the right to suspend, disable, cancel or terminate yourSubscription (as defined below) or User Account until we have successfullycharged a valid payment method.
Subscriptions and RecurringPayments.
If you purchase asubscription to the Platform (“Subscription”), withthe exception of any free trial periods, Mindsurf will charge you aSubscription fee at the rate presented to you (“Subscription Fee”).The Subscription gives you access to the Platform for one month, or a differentsubscription period selected on the Platform (“Subscription Period”).Unless otherwise stated when you sign up for a Subscription, your selectedServices will automatically renew for a further Subscription Period with theSubscription Fee (including any applicable taxes) and will continue to do sounless we are either no longer offering that Service, in which case we willnotify you, or your Subscription has been canceled in accordance with theseTerms of Use.
The billing period for your Subscription Fee begins from the time ofregistration (i.e., when you register, enter your payment method and pay theinitial Subscription Fee), and again at the start of each subsequentSubscription Period. By signing up for a Subscription, you agree to pay yourSubscription Fee in full each Subscription Period and authorize your paymentmethod on file to be billed automatically each Subscription Period byMindsurf’s third-party payment processor for the entire length of yourSubscription, regardless of whether or not you have used the Platform duringthe Subscription Period, until your Subscription ends or is canceled. You willbe responsible for paying all past due amounts. You acknowledge that billingmay not occur on the exact same date of each month.
Other Fees.
You agree to pay allother fees and charges associated with your User Account that are not includedin the Subscription Fee, including, for example, appointment no-show fees,cancellation fees or late rescheduling fees and any fees for any Services thatare not charged on a Subscription model (collectively, “Other Fees”), on a timely basis and according to theterms and the rates presented to you. By using the Platform and incurring suchOther Fees, you authorize us to bill and charge your payment method on file forsuch Other Fees in full.
Trials and Promotional Fees.
Mindsurf mayperiodically offer discounts to its Services in the form of free trial periodsor promotional fees. The terms of those discounts will be stated at the timeyou sign up or when you purchase a specific Service or product. If yourSubscription includes a free trial, you will not be charged the applicableSubscription Fee during your free trial. To obtain the free trial, you will berequired to provide a credit card or other payment method in order to ensureuninterrupted access and continued use after the expiration of the free trial.Upon completion of your free trial, your Subscription will automaticallyconvert into a paid Subscription and your payment method will be charged theapplicable Subscription Fee unless you have canceled your Subscription. If yourSubscription includes a promotional fee, you will be charged the promotionalfee for the relevant number of billing periods and upon completion of thatperiod, your Subscription will continue to automatically renew at the full,non-promotional rate. You may cancel your Subscription during your free trialor promotional period to avoid being charged the full applicable SubscriptionFee in accordance with Section 5 (Cancellations and Refunds).
You may only be permitted to use one free trial or promotional feeoffer. If your Subscription is ever canceled or terminated for any reason, andyou purchase an additional Subscription, you may not be eligible for a freetrial or to take advantage of another promotional fee offer.
Changes to Subscription Fees,Other Fees or Subscription Features.
All fees published onthe Platform are set by Mindsurf in its sole discretion and we may change ourfees from time to time. Mindsurf will send notice of upcoming automatic renewalprior to renewing your Subscription as required by law. We may change theSubscription terms, Subscription Fees or Other Fees at any time on a goingforward basis in our discretion. If the pricing for your Subscriptionincreases, we will notify you, and provide you an opportunity to change orcancel your Subscription before applying those changes to your User Account orcharging you in connection with an automatic renewal. We may choose in our solediscretion to add, modify, or remove benefits and features from a Subscription.Your continued enrollment in your Subscription after the changes becomeeffective will constitute your acceptance of the changes. If you do not wish tocontinue your Subscription at the revised rates and/or terms, you must letMindsurf know prior to the end of your then current Subscription Period inaccordance with Section 2.7 (Cancellations and Refunds) (so that at the end ofthat Subscription Period, your Subscription will end), otherwise the revisedrate and/or terms will apply on and from the next Subscription Period.
Third-Party Payment Processor.
All credit card, debitcard and other monetary transactions on or through the Platform occur throughan online payment processing application that is provided by a third-partypayment processor(s). Mindsurf itself does not collect or store payment cardinformation. If our third-party payment processor is unable to secure fundsfrom your payment method for fees that are due for any reason, including, butnot limited to, insufficient funds or insufficient or inaccurate informationprovided when submitting electronic payment, Mindsurf may undertake furthercollection action, including application of fees to the extent permitted bylaw, and reserves the right to suspend or terminate your User Account orServices.
Waiver of Claims andUnauthorized Payments.
You agree to waive allclaims against Mindsurf and its third-party affiliates, including Mindsurf’sthird-party payment processor(s), related to any unauthorized payments made onor through the use of your User Account outside of Mindsurf’s control,regardless of whether such payments are authorized or unauthorized.However, you may submit a claim of the unauthorized payment to Mindsurf so thatMindsurf can conduct a reasonable investigation as it sees fit under thecircumstances. If appropriate, Mindsurf will assist in correcting thealleged unauthorized payment, provided that such claim is received byMindsurf within thirty (30) days of the disputedcharge or payment.
6. PROHIBITEDUSES.
It is strictly prohibited to use thewebsite and/or its content for: (a) Illegal purposes or those for which theuser is not authorized by the law of their place of domicile; (b) Instigate orsolicit others to perform or participate in illegal acts or those for whichthey are not authorized by the law of their place of domicile; (c) Violate anylaw within the user's jurisdiction; (d) Infringe or violate the intellectualproperty rights, trademarks, copyrights of Mindsurf or third parties; (e)Harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate ordiscriminate on the basis of gender, sexual orientation, religion, ethnicity,race, age, nationality, disability or any other cause; (f) Submit false ormisleading information; (g) Transmit or upload viruses or any other type ofmalicious code that is or may be used in any way that may compromise thefunctionality or operation of the website, the service platform, or any otherwebsite or the Internet; (h) Collect or track other people's personalinformation; (i) Generate spam, phish, pharm, pretext, spider, crawl or scrape;(j) Any other illegal, immoral or obscene purpose; (k) Send unsolicited emailsand/or advertise or promote goods and services; (l) Interfere with orcircumvent the security measures of the website or any other related website andgenerally any site on the internet.
You understand that you may lose your right to use the Platform andreceive treatment if you do not abide by these Terms of Use.
In addition to other prohibitions in these Terms of Use,the following conduct is prohibited on the Platform and Services:
Your User Account may be terminated for any of the aboveinfractions. You agree to defend, indemnify, and hold harmless Mindsurf and itsRelated Parties (as defined herein) from and against all third party claims,damages, and expenses (including, but not limited to, reasonable attorneys’fees) against or incurred by us arising out of any User Materials (as definedherein) you upload to or transmit through the Platform or any breach of theTerms of Use, including this Section 7. Violations of applicable laws andsystem or network security may result in civil or criminal liability. Mindsurfmay investigate occurrences that may involve such violations and may involve,and cooperate with, law enforcement authorities in prosecuting users who areinvolved in such violations.
7. AVAILABLITY OF SERVICES AND EXPORTCOMPLIANCE.
Mindsurf operates subject to state and federalregulations, and not all Services offered through the Platform may be availablein your state. You represent that you are not a person barred from enrollingfor or receiving the Platform under the laws of the United States or otherapplicable jurisdictions in which you may be located. Access to and use of thePlatform or the Platform is limited exclusively to users located in stateswithin the United States where the Platform services are available as identifiedon the Platform. Accessing the Platform from jurisdictions where content isillegal, or where we do not offer Services, is prohibited.
You further acknowledge that the Platform and any related products,information, documentation, software, technology, technical data, and anyderivatives thereof, that Mindsurf makes available (collectively “Excluded Data”) are subject to the export control andsanctions laws and regulations of the United States and other countries thatmay prohibit or restrict access by certain persons or from certain countries orterritories currently including, but not limited to, Cuba, the Crimea region ofthe Ukraine, Sudan, Iran, North Korea and Syria (“Trade Restrictions”).You represent and warrant that you are not: (i) located in an embargoed countryor territory, (ii) under the control of an entity organized in or a resident ofan embargoed country or territory, (iii) listed on any U.S. government list ofpersons or entities with which U.S. persons are prohibited from transacting,including, but not limited to, OFAC’s List of Specially Designated Nationalsand Other Blocked Persons, the U.S. State Department's NonproliferationSanctions lists, the U.S. Commerce Department’s Entity List or Denied PersonsList located at https://www.trade.gov/consolidated-screening-list; or (iv)subject to end destination export control regulations, such as, but not limitedto, the U.S. Export Administration Regulations and U.S. Government EU Dual-UseRegulation EC 428/2009. You are solely responsible for complying with TradeRestrictions for all Excluded Data and any of its content transmitted throughthe Platform.
8. RATESAND SUBSCRIPTIONS.
In order to use the services and access thedifferent Mindsurf programs and content, it is necessary to subscribe throughthe website or the Mindsurf app. The cost of the services is published both onthe website and in Mindsurf, and will depend on the type of service to be used,among: (i) interaction with specialists in the Mindsurf platform; (ii) purchasingvideoconferences through the Marketplace; and (iii) therapy sessions withconsultants from our network of specialists.
The prices of the services offered throughthe same, will be available at all times through the web and/or in the appitself, and will show, where applicable, any applicable taxes or fees.
Mindsurf reserves the right to modifyprices. The modification for those users who are on a valid subscription, willbe applicable only from the time of renewal.
In no event shall a price change in therates apply to current subscribers during their current subscription period norshall it entitle current subscribers whose subscription has not expired to a full or partial refund of what hasalready been paid.
For the use and access offered by Mindsurfin the Platform, the User must observe the following rules:
● TheUser will have access and will be able to view the Platform provided byMindsurf as long as they are active.
● Accessdoes not allow group or institutional use of the contents of the Platform. Ifrequired, the User must contact Mindsurf in order to obtain the correspondinglicense and access.
A. Duration of Services.
The validity of the services offered byMindsurf will remain active as long as the user does not cancel theirappointments and the payment method is not rejected by the collection services.To use the Mindsurf Services the User must have internet access and a devicecapable of navigating the Mindsurf platforms.
B. Conditions for providing the Consultancyand subscription charges.
Mindsurf does not provide any consultingservices, including mental health or other health care services. All servicesoffered through the platform are provided by an independent Consultant, whoshall be solely responsible for the quality, appropriateness and timeliness ofthe consulting provided to the user.
By using the website, you agree that thecertified mental health services available through the platform are providedindependently by independent consultants. Mindsurf does not directly provideany mental health or other medical care services. Consultants do not prescribemedications and/or medical treatments through the website.
The user accepts that the individualtherapy sessions provided by the Consultant have a duration of 60 (sixty)minutes and that the final cost for the user will be clearly indicated on the websiteand must accept the cost for the service prior to scheduling an appointmentthrough the website. The costs will depend on the type of service that the userwishes to acquire, with the option of purchasing an individual therapy session ora treatment package consisting of 8 (eight) therapy sessions.
The User accepts that the sessions will bepaid in advance, the User is responsible for scheduling the appointment on thedate and time according to his/her own availability, through the Consultant'scalendar that best suits his/her needs.
You agree that by booking a session on aspecific date and time, the Consultant you have chosen will be available forthat session via videoconference. If, due to any inconvenience, the Consultantis unable to attend the session via videoconference, the User will be notifiedvia the email associated with the User’s account and the session will berescheduled by mutual agreement with the Consultant.
The user accepts that, if for anyinconvenience the User is unable to attend a previously scheduled session, theUser must cancel it by logging into his/her profile and clicking on thecorresponding button to cancel the session, at least 3 (three) days in advance,otherwise it will be considered as a completed session and will not give riseto any refund or rescheduling.
You further acknowledge that in the eventthat a previously scheduled session is cancelled at least three (3) days inadvance, such session may be rescheduled once again or placed on hold until thesession expires.
Charges for the Platform and/or any otheradditional charges incurred by the User in connection with the use of MindsurfServices, such as taxes and possible transaction fees (if applicable), will beadded to the payment of the contracted service and the payment method selectedby the User on the specific billing date indicated on the page.
The duration of a billing cycle is theperiod that elapses from the time the User subscribes to any of the packagesoffered by Mindsurf on its platforms until the completion of the term of thesame, ie the billing cycle will depend on the type of subscription and the dateon which the User contracts a service.
C. Policies for changes, cancellationsand/or refunds.
I) Schedule and/orday changes:
As long as the service is enabled, changescan only be made to previously scheduled appointments through the user'sprofile on the website. In case the service is disabled, changes can be managedvia email, by sending an email to: hello@mindsurf.ai.
Date and time changes are allowed as longas they are made at least 3 (three) days in advance. Any change will be subjectto availability and to receiving a new confirmation email with your modifiedappointment. Please be advised that you will not be entitled to a refund of theamount paid in case of non-attendance at the appointment.
II) Therapy sessioncancellation and refunds:
The User may cancel previously scheduledtherapy sessions with reimbursement of the amount paid, as long as the Usercommunicates it at least 3 (three) days in advance via email, by sending anemail to: hello@mindsurf.ai. Otherwise, the User will not be entitled toreimbursement of any amount and may only request a change of date/time asstipulated in the previous point.
The cancellation request must contain thepayment holder's data, indicating the date and means of payment, date and timeof the appointment, therapist with whom the appointment was scheduled and theuser profile with which the User registered.
The User may cancel the subscription toMindsurf Services at any time and may maintain access to the Platform until theend of the billing period.
In the event that the cancellation is madeat least 3 (three) days in advance, Mindsurf will refund the amount paid withinfifteen (15) calendar days from the confirmation to the User using the samepayment method.
In the event that a therapy is scheduled lessthan 72 hours [AKA2] inadvance, it cannot be cancelled, and no refund will be issued, only theday/time can be modified in accordance with Mindsurf's change policy.
In the event that a therapy is scheduledless than 24 hours [AKA3] inadvance, it cannot be cancelled, no refund will be issued and the appointmentcannot be rescheduled.
In case the User does not arrive at thescheduled time for the beginning of the therapy, the User will have a toleranceperiod of 15 (fifteen) minutes, however, such time will reduce the duration ofthe therapy and under no circumstances will the consultant exceed the timelimit of the scheduled therapy. The consultant may, at his/her discretion anddepending on the lateness of the user's arrival, determine whether or not tobegin therapy. Regardless of the actual duration of therapy session, the userwill be responsible for paying the full cost of the therapy session.
III. Changes inthe price and plans of the Platform:
Service prices are subject to changewithout notice. Mindsurf reserves the right to modify or discontinue theService (or any part of the content), at its discretion, at any time andwithout notice. Mindsurf will not be liable to the user or third parties forany modification, price change, suspension or discontinuance of the Service.
IV. Termination ofUser.
The User may unsubscribe from Mindsurf byentering the configuration menu. The system will ask the user the reason fordeleting the account and the user will proceed with thecancellation, in order to save the modification and cancellation of the system.[AKA4]
9. FORM OFPAYMENT.
The Services offered through the Mindsurfplatforms, unless a different form is indicated for particular cases, can onlybe paid through the platforms on which the application is downloaded; iOSand/or Android.
The payment methods available will dependon the country where the User resides and the terms and conditions of theplatforms.
All services offered by Mindsurf will havethe prices shown on the platforms. The User may update their payment method inthe account created by filling out the forms established by Mindsurf. With anymodification and/or update that the Usermakes in their payment method, it is understood that the latter authorizesMindsurf to make the charges to the corresponding payment methods.
To subscribe to any of the Platform offeredby Mindsurf, the User must follow the instructions indicated on the platforms.It is important that the user indicates as accurately as possible the datarequested in the corresponding forms, to avoid confusion or future incidents.
10. SCOPE OFSERVICES.
The services offered by the Platform do notinclude or provide medical services, mental health or any other type ofhospital care, so the User understands and accepts that Mindsurf is only atherapeutic platform, in the understanding that it was not designed to be usedin crisis situations, such as abuse or complex or serious mental healthconditions that cause suicidal ideation, harm to self and others, and/or anymedical emergency. Therefore, no medical or clinical advice is or will beoffered on the Platform. The User is advised to always seek the advice of hisor her physician or specialist for any questions he or she may have regardinghis or her physical or mental health condition.
At any time, Mindsurf may restrict the useof the Platform to the User and/or prohibit access to and use of the Platform.
Within the platforms, the User will finddata from a network of specialists to address their health condition, which isonly for assistance purposes. Therefore, the User understands that they have nodirect relationship with Mindsurf, with the understanding that we are only themeans of contact between you and the Consultants.
The Consulting service is subject to thefollowing rules:
● TheUser understands and accepts that the choice of the consultant and the hiringof the consulting service is at the User's own risk and may not give thedesired results.
● TheUser agrees that Mindsurf will not be responsible for the quality andsuitability of the consulting provided by the Consultant or if the Consultantdoes not obtain the desired or promised results.
● TheUser agrees that the consulting sessions provided by the Consultant will havethe duration and cost according to the schedule and price list published on thewebsite.
● TheUser agrees to pay in advance for the therapy sessions or consultingtreatments, as the case may be, which will be provided as scheduled between theuser and his consultant, according to the availability of each one.
● TheUser will be notified, at the email address associated with the account, of anychanges to the scheduled consulting session. The User and the Consultant willreschedule the new session according to each other's availability.
● TheUser accepts that the User may only cancel a scheduled session no less thanthree days in advance. All cancellations must be made by email to the followingaddress: hello@mindsurf.ai .
● Thatany cancellation that does not comply with these rules will be charged for thescheduled session.
● TheUser shall scan for viruses all files received from the Consultant and/or thewebsite via this platform or any other means.
● TheUser understands, accepts and acknowledges that Mindsurf may not be the rightsolution for all his/her needs and may not be appropriate for each particularsituation and/or may not be a substitute for personal evaluation and/or carefor each particular situation.
10.1. – Optional Tools: You may be provided access to third partytools that we do not monitor and over which we have no control or input. Youacknowledge and agree that the access provided by the Platform to such tools is"as is" and "as available" without warranties,representations or conditions of any kind and without any endorsement. We shallhave no liability whatsoever arising out of or relating to your use of toolsprovided by third parties. Any use of optional tools offered through the Platformshall be at the sole risk and discretion of the User, who shall be familiarwith and approve of the terms under which such tools are provided by the thirdparties. It is also possible that, in the future, Mindsurf may offer newservices and/or features (including the launch of new tools and resources). Anymodification, adaptation and/or update of the website will be subject to theseTerms and Conditions.
10.2. – Third Party Links: The Website and/or the Platform may includematerial, content, products and services from third parties. Links from thesemay direct the user to third party websites that are not linked and/oraffiliated with us. We are not responsible for examining or evaluating thecontent or accuracy and we do not warrant and shall not have any liability orresponsibility for any third party material included on our Services. We arenot responsible for any harm or damages related to the purchase or use ofgoods, services, resources, content, or any other transactions made inconnection with third party websites. You should carefully review the policiesand practices of third parties and make sure you understand them before engagingin any transaction. User acknowledges that any complaints, claims, concerns orquestions regarding third party products should be directed directly to suchthird parties.
With respect to links to web pages, whetherby means of buttons, links, banners or embedded content, these are managed bythird parties unless otherwise indicated.
Mindsurf does not have sufficient human ortechnical resources to know, control or approve all information, content,products or services, in advance, to which you can access through buttons,links, banners or embedded content.
That is why we cannot assume anyresponsibility for the platform, or page on which the content, information,services to which you may be redirected outside the web and/or the Mindsurfapp. Likewise, we cannot respond, with respect to pages, platforms or thirdparty sites, about its operation, access, data, information, files, quality andreliability of its products and services, its own links and/or any of its contents, in general.
Consequently, the existence of any type oflink to another site, page or platform does not imply any type of relationship,collaboration or dependence with the owner(s) of that site, page or platform.
With respect to links from other websitesto Mindsurf, either through buttons, links, banners or embedded content, theseare managed by third parties unless otherwise indicated.
Mindsurf has no power or human or technicalmeans to know, control or approve all information, content, products orservices provided by other websites that establish links to the website and/or Mindsurf.
Likewise, Mindsurf prohibits any type oflink to the website from a site, platform or page that contains materials,information or contents that are illicit, illegal, degrading, obscene and, ingeneral, that contravene the law, morality or public order. However, it will bepossible to link to the web from other pages, platforms or sites, as long as aseries of minimum requirements are met, namely:
a) The page, platform or site on which the link is located may notreproduce, partially or in full, the content of the website (web scraping);
b) You may not create a browser or border environment over sectionsof the website, nor may you modify the website or app in any other way;
c) It is not allowed to make false, inaccurate or incorrectstatements or indications about the website or the app and/or, in particular,to state or imply that Mindsurf has authorized the link to the website and/orthat it has supervised or assumed in any way the contents or services offeredor made available on the website where the link is established;
d) The web page on which the link to the website or app isestablished shall not contain information or content that is illicit, contraryto morality and public order, nor content contrary to any third party rights,including intellectual or industrial property rights and/or the right to honor,personal and family privacy or one's own image, or content contrary to theregulations governing the protection of personal data.
10.3. – Errors, Inaccuracies and Omissions:The Servicesmay occasionally contain typographical errors, inaccuracies or omissionsrelating to product descriptions, pricing, promotions, offers and availability.We reserve the right to correct errors, inaccuracies or omissions and to changeor update information or cancel orders if any information on the Service or anyrelated website is inaccurate at any time without notice (including after youhave submitted your order).
11. LIMITATION AND RELEASE OF LIABILITY FOR MINDSURF.
11.1. – Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT ANYACCESS AND USE OF THE PLATFORM AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK.THE PLATFORM AND SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS.TO THE FULLEST EXTENT PERMITTED BY LAW, MINDSURF AND EACH OF THE THIRD PARTIESOFFERING SERVICES VIA THE PLATFORM, INCLUDING THEPROVIDERS, DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND,EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, ANDANY CONTENT, INFORMATION, PRODUCT, SERVICE OR OTHER MATERIALS PROVIDED ON ORTHROUGH THE PLATFORM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THEQUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT,AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. MINDSURF DOES NOT WARRANT THATTHE PLATFORM WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES,IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSEINCIDENT, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU ARERESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FORDATA BACK-UP AND SECURITY.
TO THE FULLESTEXTENT OF APPLICABLE LAW, MINDSURF, THE PROVIDERS, AND THEIR RESPECTIVEAFFILIATES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THEAPPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADEAVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON ORPROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.
YOU ARE SOLELYRESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROVIDERS OROTHER USERS OF THE PLATFORM. MINDSURF SHALL NOT BE LIABLE FOR THE ACTS OROMISSIONS OF THE MINDSURF PROVIDERS.
11.2. – Limitation of Liability:TO THE FULLESTEXTENT PERMITTED BY LAW, MINDSURF AND ANY OF THE THIRD PARTIES OFFERINGSERVICES VIA THE PLATFORM, INCLUDING THE PROVIDERS AND ANY OF MINDSURF’S ANDSUCH THIRD PARTIES’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS,SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES,SUCCESSORS, ASSIGNS, TRANSFEREES, CONTRACTORS, OR LICENSEES (COLLECTIVELY, THE“RELATED PARTIES”), ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT,INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA,SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONALOR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISINGFROM OR IN CONNECTION IN ANY WAY TO THE PLATFORM, PRODUCTS, SERVICES, CONTENT ORINFORMATION CONTAINED WITHIN THE PLATFORM, INCLUDING ANY SERVICES PERFORMED ORPRODUCTS OFFERED BY THE THIRD PARTIES (AS DEFINED HEREIN), WHETHER BASED ONWARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITHTHE PLATFORM OR SERVICES IS TO STOP USING THE PLATFORM OR THOSE SERVICES. TOTHE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOTENFORCEABLE, THE MAXIMUM LIABILITY OF MINDSURF, THE THIRD PARTIES OR MINDSURF’SAND THE THIRD PARTIES’ RELATED PARTIES TO YOU WITH RESPECT TO YOUR USE ORACCESS OF (OR INABILITY TO USE OR ACCESS) THE PLATFORM OR SERVICES IS $500(FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTEDBY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OR RELEASES.
ANY CLAIMSARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES MUST BE BROUGHTWITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH ACTIONOCCURRED. EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE THATYOUR USE OF THE PLATFORM OR SERVICES IS PREDICATED UPON YOUR WAIVER OF ANYRIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTINGFROM YOUR USE OF THE PLATFORM OR SERVICES.
SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITSLIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OURLIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
11.3. – Release: You hereby release and hold harmlessMindsurf, the Medical Group, the Pharmacies, the Labs and its and their RelatedParties from and against all claims that you have or may have against them forinfringement, violation of the rights of privacy or publicity, defamation,disparagement, personal injury, property damage, negligence and/or any otherlegal theory arising from or in connection with the Platform or Services andproducts offered or provided on or through the Platform or Services and/or therights and privileges granted or conveyed by you under these Terms of Use(including, without limitation, those rights and privileges relating to theUser Materials and/or any elements, derivatives or marketing of the foregoing).
If you are a California resident, you waiveCalifornia Civil Code Section 1542, which provides:
A general release does not extend to claimsthat the creditor or releasing party does not know or suspect to exist in hisor her favor at the time of executing the release and that, if known by him orher, would have materially affected his or her settlement with the debtor orreleased party.
If you are not a California resident, youwaive your rights under any statute or common law principle similar to Section1542 that governs your rights in the jurisdiction of your residence.
11.4. – Indemnification: You agree to indemnify, defend,and hold harmless Mindsurf, the Third Parties (as defined herein) offeringproducts or services through the Platform, including the Providers and theirRelated Parties from and against any claim, actions, proceedings, demands,damages, losses, liabilities, settlements, costs and expenses, including,without limitation, reasonable legal and accounting fees and litigationexpenses (“Claims”), resulting or arising from, or alleged to result or arisefrom, (i) your violation of these Terms of Use or the Privacy Policy, (ii) youruse or misuse of the Platform, Services, products or features available throughthe Platform and Services, or any information posted on the Platform; (iii)your fraud, misrepresentations, violation of law, negligence or willfulmisconduct; (iv) the content or subject matter of any User Materials (asdefined herein) or other information you provide to Mindsurf, the Third Partiesor any customer service agent; (v) any text messages or other communicationsthat you initiate to other Users or to third parties through our Platform; or(vi) your infringement of third party intellectual property rights or privacyrights.
The User agrees and acknowledges thatMindsurf and its Services are only an informative site, and will not providemedical opinions, and that the Platform does not include hospital careservices, nor does it represent a substitute for this or recommendation anddiagnosis or treatment of doctors, therefore, the User releases Mindsurf of anyobligation and/or responsibility for their care, and will seek to be treatedand diagnosed with a duly accredited health specialist as appropriate and/ornecessary.
The registration and any use of thePlatform are made at the sole and entire risk of the User, thus assuming allrisks associated with the uploading and transmission of material and the use ofthe website, including reliance on its accuracy, reliability or legality,without any warranty by Mindsurf, including warranties of merchantability,fitness, non-infringement, compatibility, security or accuracy, so the Userexpressly disclaims all warranties of the information published or transmittedby the Consultants and/or members of the Platform, by virtue of this, the samedoes not reserve or exercise any action of any nature, against Mindsurf, itspartners, shareholders, employees, agents, affiliates and/or subsidiaries, orany other member, as well as business partners and suppliers, which may resultdirectly or indirectly from any risk that may exist or may occur to the User orpersons interacting with the Platform, including, but not limited to:self-diagnosis, depression, misinterpretation of results, contact with thirdparties, intoxication, misdiagnosis of third parties, or any other risk thatcould be generated from the interaction between the User and third partiesderived from the use of the services available on the Platform. Under nocircumstances shall Mindsurf be liable to any User for indirect, incidental,consequential, special, punitive or exemplary damages, including, but notlimited to, loss of business, revenue, profits, use, data or other economicadvantage.
We cannot guarantee or be responsible for:
a) The continuity of the contents and services of the website or app,due to events beyond our control;
b) The absence of viruses and/or other harmful components on thewebsite, the app or on the server through which we provide our services;
c) The vulnerability of the web or app;
d) The lack of usefulness or performance of the contents and servicesof the website or app; and
e) To the limit of what is legally reasonable, the damages or harmcaused, to the User or to a third party, by any person who infringes theconditions, rules and instructions set out in the web or app, or through theviolation of the security systems of the web or app.
However, we assure you that we have takenall necessary measures, within our control and technological capabilities, toensure the functioning of the website or app and to minimize errors in it, bothfrom a technical point of view and from the point of view of the contentspublished by us as providers on the website.
We cannot be held responsible for theaccuracy, completeness or updating of the information published on the websiteor app from outside sources, nor for the information contained in otherplatforms to which the website or app links.
Mindsurf, to the extent legally allowable,will not be liable for any direct or indirect damages arising from the use ormisuse of the website or app that exceed the amount paid by the customer.
The User understands that the network ofspecialists provided within the Platform has no relationship with Mindsurf andthat it is of informative application of the Users in case they do not havetheir own specialist, recognizing that any information from third parties, theuse of data and interaction with them is solely their responsibility.Therefore, the User releases Mindsurf from any responsibility for the use,diagnosis, consideration, consultation, agenda or any other matter related toany of the specialists. In view of the foregoing, the User shall be solelyresponsible for any agreement the User chooses to enter into with a Consultant.
This limitation of liability clause shallsurvive the termination or expiration of this Agreement.
With regard to mental health servicesprovided by licensed psychological consultants, the following should be kept inmind:
IF THE USER ISEXPERIENCING SUICIDAL IDEATION, OR IF THE USER IS CONSIDERING HARMINGHIM/HERSELF OR OTHERS, OR IF THE USER FEELS THAT ANY OTHER PERSON IS IN DANGER,OR IF THE USER HAS A MEDICAL EMERGENCY, AND IN GENERAL, IF THE USER ISEXPERIENCING A CRISIS OR EMERGENCY, THE USER SHOULD CONTACT HIS/HER LOCALEMERGENCY HEALTH SERVICES AND NOTIFY THE RELEVANT PROFESSIONALS.
THE PLATFORM ISNOT INTENDED TO PROVIDE A CLINICAL DIAGNOSIS THAT REQUIRES AN IN-PERSONEVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY DOCUMENTATION OR OFFICIALAPPROVAL FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING ORCERTIFICATION OF AN EMOTIONAL SERVICE DOG. IS ALSO NOT INTENDED TO PROVIDEINFORMATION ABOUT WHAT MEDICATIONS OR MEDICAL TREATMENTS MAY BE APPROPRIATE FORYOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF IT IS OFFERED TO YOU THROUGHTHE PLATFORM.
DO NOTDISREGARD, AVOID OR DELAY OBTAINING FACE-TO-FACE MEDICAL CARE FROM YOURPHYSICIAN OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICERECEIVED THROUGH THE PLATFORM.
Mindsurf is not oriented for theabove-mentioned crisis or emergency cases and the Consultants cannot providethe consultancy required by the User.
Mindsurf is not oriented to provideclinical diagnoses required for any evaluation, including those required byadministrative or judicial authorities.
Mindsurf and its consultants do not providemedical care and do not prescribe medications or drugs.
12. OPERATIONOF THE SERVICES.
The User acknowledges that the operation ofthe Platform depends on a number of factors related to the online service.Therefore, the User assumes that there is no guarantee or assurance that the Platformand the services provided will be uninterrupted, timely, secure or error-free.
12.1. – Hacking: TheUser agrees and undertakes not to attempt to damage, cause termination of,hack, crack, reverse engineer, or interfere with the Platform in any way.Furthermore, the User acknowledges that it is prohibited to access the Platformfor the purpose of copying Mindsurf's processes and methods. If in any wayinterferes with them or performs any prohibited activity, the User agrees topay all damages caused to Mindsurf. Mindsurf will cooperate with theauthorities in prosecuting any User who interferes with the Platform, carriesout any prohibited activity or attempts to commit fraud against us or any otherparty through the use of the Platform. Mindsurf reserves the right to deny partor all access to the Platform or the services offered by the Platform to anyUser for any reason, at any time, at our discretion. The User agrees that wemay block your IP address or addresses at any time and at our discretion to notallow continued use of the Platform.
13. INTELLECTUALPROPERTY, TRADEMARKS AND COPYRIGHTS.
The intellectual property rights of thePlatform and content found within the Mindsurf platforms (including, but notlimited to: trademarks, slogans, images, sound, video, software, etc.), are theexclusive property of Mindsurf. Intellectual property rights refer to all trademarksregistered and/or used in the United States or abroad, [AKA5] aswell as all rights on inventions (patented or not), industrial designs, utilitymodels, confidential information, trade names, trade notices, reservations ofrights, domain names, as well as all kinds of economic rights on works andcreations by copyright and other forms of industrial or intellectual propertyrecognized or that come to recognize the relevant laws.
You acknowledge and agree that the Platformmay contain content or features that are protected by copyright, patent,trademark, trade secret or other proprietary rights and laws. Except asexpressly authorized by Mindsurf, you agree not to modify, copy, frame, frame,scrape, rent, lease, loan, sell, distribute or create derivative works or worksbased on the Platform or its contents, in whole or in part. In connection withyour use of the Platform, you will not engage in or use any data mining,robots, scraping or similar methods of data collection or theft. If Mindsurfblocks your access to the Platform (including blocking your IP address), youagree not to implement any measures to circumvent such blocking (for example,by masking your IP address or using a proxy IP address). Any use of thePlatform or the content thereof, other than as specifically authorized herein,is strictly prohibited.
The technologies and software underlying thePlatform or distributed in connection with the Platform are the property ofMindsurf, our affiliates, partners, and/or allies. You agree not to copy,modify, create a derivative work from, reverse engineer, reverse assemble orattempt to discover any source code, sell, assign, sublicense or transfer anyrights in the Software.
Mindsurf reserves all rights not expresslygranted herein. The Mindsurf name and logos are trademarks and service marks ofMindsurf. Other Mindsurf names and logos, products and services used anddisplayed through the Platform may be trademarks or service marks of theirrespective owners, which may or may not endorse or be affiliated or connectedto Mindsurf. Without our prior written permission, you may not and should notconstrue any license or right to use any Mindsurf trademarks displayed on thePlatform as granted. All goodwill generated by the use of Mindsurf's trademarksshall inure to our exclusive benefit.
If the User believesthat the Platform violates or infringes in any way the intellectual propertyrights of third parties, the User must notify Mindsurf, at the addressindicated in this Agreement, including all information in this regard.
In this context, the User is made awarethat Mindsurf owns or, where appropriate, has the corresponding licenses onintellectual property rights necessary to offer their services and use thecontent offered on the site, including the site itself, texts, photographs orillustrations, logos, trademarks, graphics, designs, interfaces, or any otherinformation or content, and services available through the Platform.
References to trademarks or trade names orother registered distinctive signs, whether owned by Mindsurf or third parties,entail a prohibition on their use without the express prior written consent ofMindsurf or their owners. At no time access or use of the website or the appconfers legitimacy, ownership or possession of any of the above. Users and/or customersonly enjoy a right of use with respect to 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 contents included in the website, the app and/or Mindsurf,for any purpose, without the express prior written permission of Mindsurf, or,where appropriate, the holder of the corresponding rights. Likewise, it isforbidden to remove or manipulate the copyright indications or other creditsthat identify the rights holders of the contents that the user finds on the webor app, as well as technical protection devices, fingerprints, or anyprotection mechanism or information incorporated into the content offered.
In relation to any information or contentof any kind that the user sends to Mindsurf declares, warrants and agrees: a)that you have the right to do so freely; b) that such information does notinfringe any intellectual property rights, industrial, trade secret or anyother rights of third parties; and, c) that such information is notconfidential or harmful to third parties.
The user guarantees to hold Mindsurfharmless against claims, proceedings, damages, costs, fees (including legal),interest and expenses, direct or indirect, arising from any communication orcontent that the user and/or customer sends to Mindsurf.
If for any reason or by any means the userbecomes aware of the existence of any content that is illicit, illegal,contrary to the law or that could involve an infringement of intellectualproperty rights, or any other kind, for third parties or for the user, the usermust immediately notify Mindsurf by email -previously mentioned- or in writing-to the address above- so that it can proceed to the adoption of appropriatemeasures, at its sole discretion. In the event that a holder, or assignee,whose rights are affected, must send communication with at least the followinginformation: a) identification data and means of contact; b) documentationproving their status as holder or assignee; c) assumption of fact of theviolation or infringement and exact location within the web and/or app, of such act; d) express statement thatthe use of the contents has been made without the consent of the owner.
13.1. – Limited License Of Services: So long as you comply with theseTerms of Use (including timely paying any Subscription Fees and Other Feesassociated with your User Account), Mindsurf hereby grants you a limited,non-exclusive, personal, revocable, non-transferable and non-sub-licensableright and license to access the Platform and use any paid-for Services for theduration of your Subscription or while your User Account is active, asapplicable. All rights not expressly granted to you in these Terms of Use arereserved and retained by Mindsurf or its licensors, suppliers, publishers,rights holders, or other content providers. Other than User Materials (whichyou own), neither the Platform and Services, nor any part of the Platform andServices, may be reproduced, duplicated, copied, sold, resold, visited, orotherwise exploited for any commercial purpose without express written consentof Mindsurf. You may not frame or utilize framing techniques to enclose anytrademark, logo, or other proprietary information (including images, text, pagelayout, or form) of Mindsurf without express written consent of Mindsurf. Youmay not use any meta tags or any other “hidden text” utilizing Mindsurf’s nameor trademarks without the express written consent of Mindsurf. The content ofthe Platform, including without limitation, the files, documents, text,photographs, images, audio, and video, and any materials accessed through ormade available for use or download through this Platform may not be copied,distributed, modified, reproduced, published, or used, in whole or in part,except for purposes authorized or approved in writing by Mindsurf. Thislicense shall remain in force until the relationship between Mindsurf and theUser is maintained, or until it is terminated by Mindsurf. In the event thataccording to the law it is necessary to establish a term of the license grantedby Mindsurf, it will be valid for 1 (one) year, automatically renewable forperiods of the same duration until it is canceled or when the relationshipbetween Mindsurf and the User terminates for any reason.
In view of the foregoing, the User isexpressly prohibited from selling, renting, allowing access to third parties,redistributing and/or transferring the content of the Platform.
In the event that Mindsurf uses any third-partysoftware that is included in the Platform, it is provided to the User inaccordance with the licenses, terms and conditions, as well as restrictionsestablished by its owner.
In addition, the Platform has been createdfor the operation and development of Mindsurf's activities and serve as a toolto fulfill the services provided to Users, as well as to inform Users about thedetails of any commercial or promotional activities of Mindsurf's Services andPrograms.
13.2. – UserMaterials: All names, photographs,information, communications and any other content that you submit to or publishon or through the Platform, or that you submit to or publish on an onlinesocial media account (e.g., Facebook, Twitter, Instagram) that you own and linkor otherwise associate with the Platform or your User Account, including anymedical information you provide via Platform, if any and as applicable, isreferred to in these Terms of Use as the “User Materials.” You own and areresponsible for all User Materials and grant Mindsurf and its related thirdparties involved in providing you the Platform a worldwide, transferable,sub-licensable, irrevocable, perpetual license to use the User Materials, tothe extent permitted by law, in order to provide the Platform or as otherwisepermitted in our Privacy Policy. You agree not to provide anyUser Materials that (a) are false, inaccurate, defamatory, abusive, libelous,unlawful, obscene, threatening, harassing, fraudulent, pornographic, orharmful, or that could encourage criminal or unethical behavior, (b) violate orinfringe the privacy, copyright, trademark, trade dress, trade secrets, orintellectual property rights of any person or entity, or (c) contain ortransmit a virus or any other harmful component. Mindsurf may, but does notassume the obligation to, monitor and/or delete any User Materials that itdeems in its sole discretion to be in violation of the foregoing sentence. Yourepresent and warrant that you have the legal right and authorization toprovide all User Materials to Mindsurf, and if relevant, its related thirdparties, so Mindsurf or those entities can provide you with the Platform.
13.3. – Confidential Information: All information disclosed byMindsurf, its affiliates and/or subsidiaries, verbally, electronically,visually, in writing or in any other tangible form, including but not limitedto ideas, formulas, databases, standards, articles, studies, brochures,publications, manuals, systems, procedures, reports, technical reports,minutes, know how, trade secrets, patents, copyrights, software, licenses,data, inventions, algorithms, techniques, processes, marketing plans andprojects, advertising, strategies, forecasts, confidential information of thirdparties, lists of customers, contacts and/or suppliers, business plans, marketanalysis, market knowledge or any other technical, economic information,related or related to operations, business development, product development,new project development, finance, marketing, advertising, commercialpromotions, logistics, promotional exchange operations or any other informationwhose disclosure and exposure, business or otherwise is and shall remain at alltimes the property of Mindsurf, so the User does not acquire any right,license, ownership or interest in respect thereof, to copy, sell, use ordispose of it in any way, expressly and exclusively limited to use it for thepurposes specified by Mindsurf.
The User undertakes not to appropriate, useor exploit, by himself or by third parties, directly or indirectly, for his ownor third parties' benefit and not to disclose or reveal to third parties theConfidential Information, to which he has had, has or will have access in thefuture. Likewise, the User undertakes to take all reasonable measures to avoidany prohibited dissemination and/or improper use of the ConfidentialInformation.
The User expressly acknowledges that theConfidential Information that Mindsurf has provided or may provide in the future,may also constitute an Industrial Secret, under the terms of Article 82 of theIndustrial Property Law, and/or itsanalog in the applicable legal legislation of the place where the User islocated, or law replacing the current legislation, so it is obliged not todisclose or disseminate such Industrial Secret, in any form or medium and to begoverned with respect to this, by Title Three of the Industrial Property Law.The foregoing, without prejudice to the civil and/or criminal penalties thatmay apply for violation of Intellectual Property Rights, including the crime ofdisclosure of secrets, contemplated in Articles 210, 211, 211 bis and otherrelated articles of the Federal Criminal Code.
13.4. – Feedback.: Any feedback, comments, questions, orsuggestions (collectively, “Feedback”) you may provide regarding the Platformor Services is entirely voluntary and we will be free to use such feedback, comments,or suggestions without any obligation to you. By sending or providing us anyFeedback, you further (i) agree that we are under no obligation ofconfidentiality, express or implied, with respect to the Feedback; (ii)acknowledge that we may have something similar to the Feedback already underconsideration or in development; (iii) grant us an irrevocable, non-exclusive,royalty-free, perpetual, worldwide license to use, modify, prepare derivativeworks, publish, distribute, and sublicense the Feedback; and (iv) irrevocablywaive, and cause to be waived, against Mindsurf and its users any claims andassertions of any moral rights contained in such Feedback. These provisionsregarding Feedback shall survive any termination of your User Account, theseTerms of Use, or the Platform or Services.
14. COMMUNICATIONS.
By opting in to use Mindsurf’s Platform and Services, you affirmativelyconsent to conduct business electronically with Mindsurf and you agree that (a)all agreements and consents can be signed electronically, and (b) all notices,disclosures, and other communications that we provide to you electronicallysatisfy any legal requirement that such notices and other communications be inwriting.
By providing your mobile number, sending Mindsurf an initial text, orotherwise opting-in to receive telephonic communications from Mindsurf, you areagreeing to be contacted by or on behalf of Mindsurf at the mobile number youhave provided, including calls and text messages, regarding your User Accountand use of the Platform and Services. These text messages or calls may beautomated and may include information about your treatment plan, appointmentreminders, order confirmations, shipping notifications, messages from yourProvider, and other transactional messages. You may also sign up to receivepromotional and marketing calls and text messages. You are not required toconsent to promotional and marketing calls and text messages as a condition ofpurchase. You may update your notification preferences from Mindsurf at anytime by going through your User Account. By consenting to receive Mindsurf textmessages, you represent that you are the subscriber of the cellular service atthe mobile number provided or that you are authorized by the subscriber tosign-up for texts.
Mindsurf does not charge you for our text messageprogram. But if you enroll in text messages from Mindsurf, you understand andagree that: (1) you will be responsible for any message and data rates that mayapply for any messages sent to you from Mindsurf and to Mindsurf from you, (2)message frequency may vary, and (3) neither Mindsurf, nor your or Mindsurf’smobile carriers, are liable for delayed or undelivered messages. If you haveany questions about your text plan or data plan, it is best to contact yourwireless provider.
We may send you one or more welcome messages oradministrative messages, such as (in some cases), a request to confirm youropt-in. After that, you may receive recurring text messages, and the specificamount may vary depending on how you use our Services (e.g. if you communicatewith us through SMS, or if you send a HELP request).
Our text messages are supported on all U.S. carriers.Please note, however, that the supporting mobile carriers may change withoutnotice, and the particular text message program you join may be limited tospecific carriers.
You understand that while Mindsurf takes your privacy andthe security of your personal, health-related and other sensitive informationvery seriously, the transmission of information over the internet and mobilenetworks is not 100% secure. Text messages and emails that you send to orreceive from Mindsurf outside of Mindsurf’s Platform (including off-Platformcommunications with Providers) are not encrypted, which means that it ispossible they may be intercepted by third parties. If you choose to send orreceive information about your health or any other sensitive information bytext message or email outside of Mindsurf’s Platform, you do so at your ownrisk. By opting into text messages, you consent to sending text messages toMindsurf, and receiving text messages from or on behalf of Mindsurf, that arenot encrypted. Likewise, by emailing Mindsurf or giving Mindsurf your email,you consent to receiving unencrypted emails messages from or on behalf ofMindsurf.
15. GENERAL TERMS.
15.1. – Complete Agreement: These Terms of Use, as well as the respective conditions of use published byMindsurf on the website constitute the entire agreement between the User andMindsurf and govern the use of the Platform and supersedes any prior agreementsbetween the User and Mindsurf, prior or contemporaneous communications and proposals,verbal or written, between the two (including, but not limited to any priorversion of the Terms of Use). You may also be subject to additional terms andconditions of use that may apply to you when you use affiliate or third-partyservices, third-party content or third-party software.
The failure of Mindsurf to exercise orenforce any right or provision which acts to our benefit set forth in these Termsof Use shall not constitute a waiver of such right or provision. If a court ofcompetent jurisdiction determines that any provision of these Terms of Use isinvalid the other provisions shall prevail and continue to be enforceable andbinding.
You agree that regardless of any statute orlaw to the contrary, any claim or cause of action arising out of or related tothe use of the Platform or these Terms of Use must be filed within 1 (one) yearafter such claim or cause of action arose, otherwise your right will be barredand you tacitly agree to waive any claims against Mindsurf.
Likewise, the User agrees and acknowledgesthat a printed version of this agreement and any notice given in electronicform shall be admissible in judicial or administrative proceedings based on orrelating to this agreement to the same extent and subject to the same conditionsas other business documents and records originally generated and maintained inprinted form. You may not assign these Terms of Use without the prior writtenconsent of Mindsurf, but Mindsurf may assign or transfer the same in whole orin part and without restriction.
The section headings in these Terms of Useare for convenience and ease of location only but have no legal or contractualeffect.
15.2. – Resolution: The obligations and liabilities incurred by the parties shallsurvive the termination of this agreement with all its effects.
These terms and conditions of use shall beeffective unless this agreement is terminated by the User or by Mindsurf.
The User may terminate the service at anytime by giving notice that the User does not wish to continue with the service.Prolonged non-use of our website may result in termination of service.
Mindsurf reserves the right to terminatethis agreement in the event it becomes aware and/or suspects a breach by theuser of any term or provision of these Terms of Use. Also, Mindsurf reservesthe right to terminate this agreement without notice at any time. Mindsurfreserves the right to deny the user access to all or part of its website and/orservices offered.
The user shall remain liable for allamounts due for membership in this service and/or consultant fees, includingupon termination of this agreement for any cause whatsoever.
15.3. – Force Majeure: Youunderstand and acknowledge that the Platform may be subject to limitations,delays and other problems inherent in the use of third-party communicationnetworks and facilities that are outside of Mindsurf’s control, and thusMindsurf will not be responsible for any delays, failures, or damagesassociated with the Platform which result from any system delays, downtimes,interruptions or other failures of or problems with the Platform which areoutside of Mindsurf’s control. We will not be deemed to be in breach of orliable for any breach of these Terms of Use or our Privacy Policy due to anyevent or occurrence beyond our reasonable control, including withoutlimitation, acts of God, terrorism, war, invasion, epidemic, pandemic, acts ofgovernmental authorities and changes in federal, state or local laws andregulations applicable to the provision of Services, failures of any publicnetworks, electrical shortages, earthquakes or floods, civil disorder, strikes,fire, or other disaster.
15.4. – Ineffective Provisions: In the event that any clause orpart thereof is deemed unenforceable or is declared null and void or invalidunder applicable law, it shall be replaced by a term or condition that is validand can fulfill the purpose of the clause or part that is unenforceable or hasbeen declared null and void or invalid. The other Provisions shall continue infull force and effect. Any rights not expressly conferred herein are understoodto be reserved to Mindsurf.
15.5. – No Waiver: No waiver of anyterm of the Terms of Use shall be deemed a further or continuing waiver of suchterm or any other term, and Mindsurf’s failure to assert any right or provisionunder the Terms of Use shall not constitute a waiver of such right orprovision.
15.6. – Assignment: You may not assign, transfer,or delegate the Terms of Use or any part thereof without Mindsurf’s priorwritten consent. Mindsurf may freely transfer, assign, or delegate all or anypart of the Terms of Use, and any rights or duties hereunder or thereunder. TheTerms of Use will be binding upon and inure to the benefit of your andMindsurf’s heirs, successors, and permitted assignees.
15.7.– Amendments to Terms of Use: Exceptas provided in the Arbitration Terms in Section 14, Mindsurf may revise theseTerms of Use from time to time without notice to you. If we determine arevision to the Terms of Use, in our sole discretion, is material, we willnotify you as required by law. These changes will be posted on this or asimilar page of the Platform. By continuing to access or use our Platform orServices after those revisions become effective, you agree to be bound by therevised terms. We encourage you to read these Terms of Use periodically.
15.8.– No Third Party Rights: By accepting these Terms of Use,you acknowledge and agree that any Services you receive from the Providers,through the Platform are also subject to these Terms of Use, and that theMedical Groups, the Providers, the Pharmacies and the Labs are third-partybeneficiaries of these Terms of Use. Otherwise, unless expressly stated in theTerms of Use to the contrary, nothing herein is intended to create or establishthird-party beneficiary status rights or their equivalent in any otherreferenced individual, subcontractor or third party, and, except asspecifically set forth in these Terms of Use, no third party shall have anyright to enforce any right or enjoy any benefit that is created or establishedunder these Terms of Use.
15.9.- Non-Compliance: In case of breach of any of the obligationsof this Agreement, as well as applicable law, Mindsurf may suspend access to thePlatform or delete the User's profile, without prejudice to legal actionavailable to Mindsurf in the event that any conduct of the User generatesdamage or harm.
The User agrees to hold Mindsurf harmlessfor any claim, complaint, suit, lawsuit or proceeding of any kind arising fromits breach and must compensate Mindsurf for all expenses incurred for itsdefense, including, but not limited to attorney's fees, as well as anycompensation paid by Mindsurf.
15.10.- Applicable Law and Jurisdiction: These Terms of Use shall begoverned in all respects by the internal substantive laws of the State ofGeorgia, without regard to its conflict of laws principles. Any claim ordispute arising in connection with the Platform or Services shall be decidedexclusively by a court of competent jurisdiction located in Atlanta, FultonCounty, Georgia, and you consent to the personal jurisdiction of and venue insuch courts and waive any and all jurisdictional and venue defenses orobjections otherwise available. You further agree to accept service of processby mail, and hereby waive any and all jurisdictional and venue defensesotherwise available.
Therefore, you acknowledge and agree thatthis Agreement shall be executed electronically, in accordance with the rulesof electronic contracting set forth in the Code of Commerce, which shall bebinding and therefore this Agreement constitutes a binding agreement of willsfor both parties.
If the user uses the services of thePlatform, it means that the User has read, understood and consented to theabove terms. To resolve any doubts in this regard and any related, as well asto report any violation of these Terms of Use or to ask any questions relatedto them, we make available thefollowing email: hello@mindsurf.ai.
Contact Us.
Please direct any questions you may have about the Platform, Services orthese Terms of Use to either of the following:
The foregoing contact information may change from time-to-time bysupplementation, amendment or modification of these Terms of Use.
Annex: Additional Third-PartyTerms
Apple iOS App
If the Platformthat you use includes a mobile application that you download, access and/or useand that runs on Apple’s iOS operating system (an “iOS App”), you acknowledgeand agree that:
In addition, you represent andwarrant that:
Last Update: July 11, 2023
MINDFUL, S.A.P.I. DE C.V.
Reproduction in whole or inpart, by any means or in any form is prohibited,
without the prior, express and writtenauthorization of its owner.
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