Welcome to MYNDIFY™.  This is a legally binding Agreement regarding your use of this App and any related websites, services, and products, offered now or in the future (individually and collectively the “Services”) by MYNDER Holdings, LLC or  MYNDER Technologies LLC d/b/a/ MYNDIFY Technologies (“MYNDIFY™,” “us,” “we” “our”) to you (“User,” “you,” “your”). Our Services are offered to you based on your acknowledgement, acceptance and agreement to these Terms of Service, disclaimers, and notices (“Terms” or “Agreement”) and our Privacy Policy. Your continued use of our Services constitutes your informed consent and agreement with these Terms. If you have any questions about these Terms, please contact us info@myndifyapp.com. If for any reason or at any time you do not fully agree to be bound by these Terms, you agree to immediately cease using our Services.

We reserve the right, in our sole discretion, to change these Terms of Service or implement new conditions for the use of the App or our Services from time to time. You acknowledge that by continuing to use our Services after we post any such changes, you knowingly agree to the Terms of Service as modified. We reserve the right, in our sole discretion, to terminate your access to our Services or any portion thereof, at any time, without notice. The most current version of the Terms as posted on this page will supersede all previous versions. We encourage you to periodically review these Terms to understand any changes or new conditions.

Your promises to us. By using our Services, you represent and warrant that:

• All registration, subscription, and payment information you submit is truthful and accurate.
• You will maintain the accuracy of such information.
• You will keep your password confidential and will be responsible for all use of your password and account and will not allow others to use your password or account to access the Services. You accept full responsibility for any activities or actions that occur on your account. You must notify us immediately if you become aware of any breach of security or unauthorized use of your account or our Services.
• You are not a minor in the jurisdiction in which you reside.
• Your use of our Services does not violate any applicable law or regulation.
• You represent and warrant that any information or content you upload, post, or share through the Services will not infringe, misappropriate, or violate any third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.
• We have not previously disabled your account for violation of law or any of our policies.

Your failure to comply with these promises constitutes a breach of the Terms and may result in immediate termination of Your account and ability to use Our Services.

Term. This Agreement is effective as of your first use of the Servies (“Effective Date”) and shall remain in effect for as long as You maintain an active Subscription to the Services, or the Agreement is terminated by MYNDIFY™ or you as provided in these Terms.  

After 30 days, User Content will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content designated as private on your Personal Workspace, after 30 days, such User Content will be deleted from our servers and can no longer be recovered.

Intellectual Property Rights. Except for third party vendors and service provider information, all material contained in our App or provided through our Services, including but not limited to the text, graphics, logos, icons, images, audio and video clips, articles, posts, and data, is owned by MYNDIFY Holdings, LLC, our affiliates, or licensors and protected by copyright, trademark, trade secret, trade dress and other intellectual property laws. You may not use the information or material contained on the App or our Services in a manner that constitutes an infringement of our rights or without our authorization. You agree to use this App and our Services solely for your personal non-commercial use. You specifically acknowledge and agree that you may not modify, copy, reproduce, republish, create derivative works, upload, post, transmit, sell, exploit, translate, or otherwise distribute in any manner through any medium any material from this App, our webpages, or provided through our Services. No portion of the materials or content on our APP, webpages, or provided through our Services may be reprinted or republished in any form without our express written permission.

You acknowledge, agree and promise that you will not: (1) use a robot, spider, AI, data mining or extraction tool, program, automated or manual process to monitor, extract, ‘scrape’, or copy any content on the App or our websites; (2) use any meta tags, search terms, key terms, links, code or related SEO or marketing tool that contain any names or trademarks used in our website, Services, or business;  (3) engage in any activity that interferes with our websites or Services, or any other user’s ability to use our websites or Services; (4) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide our Services; (5) assist or encourage any third party to engage in any activity prohibited by these Terms of Service.

Your License to Us. By uploading, posting, sharing or submitting any material including, without limitation, comments, reviews, blog entries, postings, photos and videos to us via our App, websites, blogs, social media accounts or other public platforms, or to any of our staff via email, text or otherwise, you represent that: (i) you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) you are 18 years of age or older.  In addition, when you submit, email, text , deliver or post any material, you are granting us, and anyone we authorize, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, distribute, modify, exploit, transmit, sell, create derivative works, or publicly perform or display such material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose. The foregoing grant includes all rights to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, our assigns, and anyone authorized by us the right to identify you as the author of any of your postings or submissions by name, email address or User name, as we deem appropriate.  You acknowledge that we have the right, but not the obligation, to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any portion or all of the materials, at any time for any reason.

Prohibited Activities.  The following “Prohibited Activities are strictly prohibited and will result in immediate cancellation of your access to the App and Services:

1. You may not register or use a username that is (1) offensive, vulgar or obscene; or (2) the name of another person, entity, or trademark that you are not legally authorized to use.
2. Malicious and deceptive practices. You shall not use the App or Services to post, upload, share, or store malicious software, malware, viruses, or other harmful code, or to facilitate “phishing” or “spoofing” or other illegal activities.  You shall not use the Services in any manner that is deceptive, false, misleading, or fraudulent, including but not limited to impersonating other people or organizations or otherwise attempting to mislead anyone about the identity of the originator of content or a communication.
3. Platform Data: You shall not sell, license, or purchase any account or data obtained from the App, other users or our Services, including but not limited to attempts to buy, sell, or transfer any aspect of your account, username, or password, or solicit, collect, or otherwise obtain login credentials of other users; or request or collect other users’ usernames, passwords, or other information.
4. Interference with the Services. You shall not use the App or our Services for any illegal purposes, and you agree to use it in compliance with all applicable laws and regulations. You shall not use the App or our Services in a way that may cause the App or our Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the App or our Services is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the App or our Services to interfere with or otherwise negatively impact any aspect of the App or our Services or any third-party products or services that are integrated or connected to our Services.

Without limiting the generality of the foregoing, you agree that you will not:

1. Upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, trade dress, copyright or other intellectual property right).
2. Impersonate any person or entity or otherwise misrepresent your identity or affiliation with a person or entity.
3. Repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.
4. Distribute or publish unsolicited promotions, advertising or solicitations for funds, goods, or services, including but not limited to, junk mail, spam, and chain letters.
5. Duplicate, decompile, reverse engineer, disassemble or decode the App including any underlying idea, code, or algorithm, nor attempt any of the foregoing;
6. Access or use the App or our Services in any manner, or use any device, software or routine, that could disable, overburden, damage, disrupt or impair the App or our Services or interfere with any other users’ access to or use of the App or our Services;
7. Access or use the App or our Services in any manner, including data storage, in excess of any fair usage limits as determined by us in our sole discretion;
8. Attempt to gain unauthorized access to, interfere with, damage, or disrupt the App or Service, user accounts, or the computer systems or networks connected to the App and our Services;
9. Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the App or our Services;

Community Standards.  We want MYNDIFY™ and the platform the App and our Services provide to be a safe and authentic place for all users.  The following are strictly prohibited and will result in immediate cancellation of your access to the App and Services:

1. Illegal activities: Encouraging, promoting, facilitating or instructing others to engage in illegal activity.
2. Graphic or Harmful content.Posting, uploading, sharing, storing, or distributing any content that is deemed: obscene or sexually explicit graphically violent, defamatory, obscene, pornographic, vulgar, offensive; to promote self-harm or terrorist activity; misinformation, harmful activities or substances; poses a threat to public safety or violates applicable laws.
3. Child exploitation: Posting, uploading, sharing, storing, or distributing any content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
4. Harassment, bullying, defamation, and threats: Facilitating abusive, harassing, or bullying behavior.
5. Hateful content: Posting, uploading, sharing, storing, or distributing any content (whether intentionally or due to your failure to reasonably review such content) promoting, encouraging, supporting, or facilitating hate speech, violence, or discrimination towards any protected class or characteristic under applicable law.  
6. Deceptive Content: Posting, uploading, sharing, storing, or distributing any information that is fraudulent, false, misleading, or deceptive.
7. Personal and confidential information: Posting, uploading, sharing, storing, or distributing any content or use the App or our Services in a manner that is invasive of another’s privacy or otherwise violates or compromises another person’s legal rights, including but not limited to rights of privacy and publicity, sharing another’s personally identifiable information, sensitive personal information, or confidential information without the prior consent of such person. We reserve the right to require proof of any claimed consent.

Third Party Sites and Services. You may use third-party sites such as Facebook, Google, etc. to log into your account. Additionally, as part of App and our Services, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as Products or Services belonging to or originating from third parties (the “Third Party Applications, Software or Products”). These links are provided as a courtesy to you. You understand and acknowledge that we have no control over Third Party Sites, Applications, Software or Content or the promotions, materials, information, goods, or services available on these Third-Party Sites or Third-Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the App or our Services or any Third Party Applications, Software or Content posted on, available through or installed from our App or our Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave our App and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from our website or relating to any applications you use or install from the Third-Party Site.

Content & Use Policy.  You acknowledge and agree that your use of the App and our Services and all User Content will comply with our Content & Use Policy.  You acknowledge and agree that any User Content that you upload, post, or share through the App or our Services constitutes “third party content” and by disseminating any such User Content we are not acting as a “publisher” or “speaker” of any information provided any User pursuant to Section 230 of the Communications Decency Act (“CDA”).  You understand and acknowledge that we have no obligation to actively monitor any interactive portions of the App, including but not limited to, posts and messages, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content posted or uploaded by a user or written and uploaded by others. You acknowledge that User comments and other content posted or uploaded by a User or others express the views and opinions of the author and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post any third-party content for any reason. Although we are not obligated to monitor access to or use of the App or our Services, or review or edit any User Content, you acknowledge and agree that we retain the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable laws and regulations. We retain the right to investigate violations of these Terms or conduct that affects the App or our Services.  We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.  If you believe that any third-party content is inaccurate, objectionable, or violates these Terms or the law, please contact us at privacy@myndifyapp.com. Please provide us with detailed information about the nature and location (such as URL) of the alleged objectionable material so that we may easily locate and investigate.

Content Rights.  We do not create any content or claim any ownership to the copyright or other intellectual property rights of your content, but you grant us a limited license to use it.  Certain legal permissions granted by you (“license”) are required so we can provide our Services.   You agree that when you share, post, or upload content that is covered by intellectual property rights, images, videos, original text, etc. through the App and our Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content subject to any limitations based on your privacy and application settings.  This license ends when your content is deleted from our systems. You have the right to delete some of your content at any time or all of your content by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Privacy Policy.

As with your interaction with shared and public content and Users you follow are only visible to Users with permission to see that content or follow.

Sharing Content.  You may choose to designate some or all of your User Content as “Public” or “Private”. You acknowledge and agree that any User Content you designate as Public shall be accessible and available to other users of the App and our Services.  You acknowledge that you understand and agree any Users will have the right to view, comment, share or otherwise interact with User Content designed at Public.   You grant us all rights and licenses necessary to make any of your Public User Content available to other Users and to permit those Users to engage in the activities described in this Section with respect to your Public User Content.

Removal of User Content.  You may remove any of your User Content that you designate as Private by deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the App and Service.

DMCA Notice. We respect intellectual property rights. For claims of copyright infringement, or if you believe your rights are otherwise infringed or violated by anything on our website or APP, please notify us by sending an email at the following address: privacy@myndifyapp.com with “DCMA” in the subject line, or by mail or courier to us at MYNDIFY Technologies, LLC., Attention DMCA Notice, 1150 Teaneck Rd Unit #23 Teaneck, NJ 07666 USA.  You written notification should include all of the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Reasonably sufficient information to permit us to contact the complaining party, such as name, address, phone number and e-mail address.
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will terminate the accounts of users who are repeat copyright infringers.

PAYMENT TERMS

Subscriptions.   We provide the App and our Services through a free or paid “Premium” subscription.  We will bill you for the Premium Subscription Fees on a recurring monthly or annual basis, based on your selection when setting up your account.

Auto-Renewal.  You agree that at the end of each monthly or annual Billing Cycle, your Subscription will automatically renew, and you specifically authorize us to automatically charge the payment method you provided for the Subscription at the start of each new Subscription period for the Subscription Fees then in effect plus any applicable taxes to that Billing Cycle based on the same conditions as the prior Billing Cycle unless you cancel your Subscription prior to your renewal date.

A valid payment method, including a credit card, is required to process the payment for your Premium Subscription. You must provide MYNDIFY™ with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you acknowledge and agree that you automatically authorize MYNDIFY™ to charge all Subscription Fees incurred through your account to your Payment Method.

In the event any automatic Subscription payment fails for any reason, you agree and authorize MYNDIFY™ to attempt to charge the payment method provided one or more times. Should payment continue to fail, MYNDIFY™ may, in its sole discretion, canceled your Premium Subscription or downgrade your account to the Free Subscription.  You understand and agree that in the event your account is cancelled or downgraded you may lose access to certain paid features on your MYNDIFY™ account and permanently lose data saved under the premium features of the service.

You may cancel your Subscription at any time through the App’s account management page or by contacting MYNDIFY™ at info@myndifyapp.com indicating your intention to cancel your Subscription.  Please include Cancel Subscription in the subject line of your email to ensure prompt response.

Fees and Fee Changes. We may modify the Subscription Fees in our sole discretion and at any time.  We will provide you with reasonable prior notice of any change in Subscription Fees, and any changes to Subscription Fees shall become effective at the end of the then-current Billing Cycle.  Your continued use of the App and our Services constitutes your agreement to pay the modified Subscription Fees.  Subscription Fees stated do not include any sales or other taxes or governmental assessments of any nature (“Taxes”).  You agree that you are responsible for and will pay all Taxes associated with your Subscription.  

Free Trial.  We may from time to time and in our sole discretion offer a free trial for a limited period of time (“Free Trial”) for the Premium or other paid version of the App and our Services.  If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures in these Terms. MYNDIFY™ reserves the right at any time and without notice, to (a) modify the terms and conditions of any Free Trial offer; (b) cancel any Free Trial offer; or (c) cancel any Free Trial Subscription.  If you or MYNDIFY™ cancel your Free Trial, you acknowledge and agree that we may delete all of your User Content or data associated with your Free Trial.  You agree that if you do not cancel your Free Trial prior to the end of the trial period, then your Free Trial automatically will convert to a paid Subscription at the conclusion of the Free Trial period and you hereby authorize us to charge your credit card or other payment method provided for continued use of the App and our Services subject to these Terms of Service.

Refunds.  Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.

App Updates

You agree that we can download and install updates or implement new elements, including changes that may affect the existing mode of operation to the App and our Service on your device with the intention of improving, enhancing, repairing and developing the App and our Services. We will endeavor to provide the option of whether or not to install the update, but in certain circumstances, such as security risks, we may require installation of the update to continue using the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and other equipment or services that you need to download, install, and use the App and our Services. We do not guarantee that the App can be accessed and used on any particular device or through any particular cellular or data service plan. We do not guarantee that the App will be available in any particular geographic location.  We expect that any updates or modifications will enhance the App.  We reserve the right to limit or change certain features based the device, operating system, your device’s storage, number of transmissions, ability to send or receive messages, nature or size of any index or library information, continued ability to access or distribute User Content and data, and impose other limitations at any time, with or without notice.

You also acknowledge that a variety of our actions may impair or prevent you from accessing your Content or using the App and our Services for limited periods or permanently, and you agree that we have no responsibility or liability as a result thereof for, including without limitation, deletion of or unavailability of any User Content. You agree that we shall not be liable to you or any third party for any modifications, suspension or discontinuance of any function or access of the App or our Services.

As part of our Serviced and to update the App we may send you push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that by using the App or our Services, your wireless service provider may charge fees for data, roaming, text messaging and other wireless access, including receipt of Push Messages. You maintain control over Push Messages settings and can opt in or out of Push Messages through the App or through the settings in your mobile device. You agree that you are solely responsible for determining what fees your wireless service provider charges when you access or use the App or our Services, including receipt of Push Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, and use the App or our Services on your mobile device, including Push Messages.

Mobile Software from the Apple App Store.

The terms and conditions of this section ONLY apply to you if you downloaded or are using the App from the Apple App Store. To the extent the other terms and conditions of this Terms of Service are less restrictive or conflict with the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions of this paragraph apply. 

You acknowledge and agree that these Terms are solely between you and MYNDIFY™, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms.

You and MYNDIFY™ acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and MYNDIFY™ acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, MYNDIFY™, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and MYNDIFY™ acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Errors and Inaccuracies. We strive to provide complete, accurate, up-to-date information on the App and our website; however, human, or technological errors may occur. The App or our website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of services, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after you submit an order for a Subscription and to change or update information at any time without prior notice.  You acknowledge that the particular technical specifications and settings of your phone or computer and its display could affect the accuracy of its display of the colors and look of products offered on the website.

DISCLAIMERS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE OR PROVIDED THROUGH THE APP OR OUR SERVICES. OUR APP AND SERVICES ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE APP OR OUR SERVICES OR WEBSITE, INFORMATION PROVIDED THROUGH THE APP OR OUR SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING OR USAGE OR TRADE.

WE MAKE NO WARRANTY THAT THE APP, OUR SERVICES OR WEBSITES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP, OUR SERVICES, WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

LIMITATIONS ON LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MYNDIFY TECHNOLOGIES, LLC OR MYNDIFY HOLDINGS, LLC, ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP, OUR SERVICES OR WEBSITE, INCLUDING ANY COMMENTS OF OTHERS, EMAILS, PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OUR APP OR OUR SERVICES OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT IN ANY EVENT, MYNDIFY TECHNOLOGIES, LLC OR MYNDIFY HOLDINGS, LLC’S TOTAL MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE PURCHASE PRICE PAID FOR ANY SUBSCRIPTION OR PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF ANY SUBSIDIARY OR PARENT COMPANIES, OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, PRODUCTS, SERVICES, OR MATERIALS.

WE CONTINUALLY UPDATE AND DEVELOP THIS APP, OUR SERVICES AND WEBSITE AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

ADDITIONALLY, WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE APP OR OUR SERVICES OR WEBSITES WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. THIS INCLUDES BUT IS NOT LIMITED TO ANY INJURY CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY.

INDEMNIFICATION. YOU AGREE TO BE FULLY RESPONSIBLE FOR, AND FULLY INDEMNIFY US AGAINST, ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY THIRD-PARTY CONTENT YOU POST THROUGH OUR APP OR OUR SERVICES OR TO OUR WEBSITES, ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF SERVICE BY YOU OR ANY PERSON ACCESSING OUR APP, OR OUR SERVICES AND WEBSITES USING YOUR PHONE, COMPUTER OR INTERNET ACCESS ACCOUNT, AND ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF OUR APP, OR OUR SERVICES AND WEBSITES

Choice of law, jurisdiction, and binding arbitration. By using the App or our Services, or visiting our website, you acknowledge and agree that these Terms and all claims arising out of or related to it or our Services, shall be governed solely by the internal laws of the State of New Jersey, including without limitation applicable federal law and without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.  

We and You agree that in the event of any dispute, the party wishing to address the dispute must first contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. The parties shall then make a good faith effort to resolve the dispute through negotiation and mediation, before resorting to more formal means of resolution. In the event that the dispute is not resolved through a good faith effort  through this informal procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

The parties agree that should the informal process set forth in the preceding paragraph fail to resolve any dispute between us, then any and all disputes remaining will be resolved by binding arbitration. Each party knowingly and specifically waives any right to go to court to assert or defend our or your respective rights. Except that matters that meet the jurisdictional requirements may be taken to small claims court. Except as set forth in these Terms any dispute arising out of or relating to these Terms, or our Services, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning either party’s performance or obligations, shall be resolved by mandatory and binding arbitration submitted to the American Arbitration Association pursuant to its Commercial Arbitration Rules, or similar rules in effect at the time, for binding decision by a single arbitrator. The parties agree that the arbitrator shall, after reaching judgment and award, prepare and distribute to the parties a written statement stating the disposition of each claim, as well as a concise statement of the essential findings and conclusions on which the award is based. The award of the arbitrator(s) shall be final and binding on the parties and judgment may be entered in a court of competent jurisdiction. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted in Bergen County, New Jersey, and the parties, consent to the personal and exclusive jurisdiction of the arbitrator and venue for arbitration in Bergen County, New Jersey. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and the administrative fees of arbitration.

Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

Without limiting the foregoing, the parties also agree that a party may bring suit in a Federal or State court having jurisdiction, located in Bergen County, New Jersey to enjoin infringement or other misuse of intellectual property rights.

Class Action Waiver. You agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You acknowledge and agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.  In California, consumers shall not be required to pay the fees and costs of arbitration incurred by us if the consumer does not prevail in the arbitration.

Notice For New Jersey Users. Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy.

Consent to Receive Electronic Communications.  Visiting MYNDIFYapp.com, using the App or sending emails to us or through our App or any social media platform constitutes electronic communications.  By using our App or Services, visiting our website or contacting us by email, you consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on our App or website, satisfy any legal requirement that such communications be in writing.

Compliance with Trade Controls. Your use of the App or our Services is subject to export controls and sanctions laws and regulations (including those of the U.S.). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties including, but not limited to, the U.S. Specially Designated Nationals and Blocked Persons (“SDN”) List and the U.S. Entity List, Unverified List and Denied Persons List; (iii) using the App or our Services for any purpose prohibited by applicable export control and sanctions laws and regulations; or (iv) you are required to obtain a government license or authorization under the applicable export control and sanctions laws in order to provide, export, re-export, or transfer of your products and services. You are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access the App or your User Content.

General Provisions

To the extent permitted by applicable law, the parties waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. If a provision of these Terms is held invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.

All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, User’s representations and warranties, Intellectual Property and ownership provisions, warranty disclaimers, indemnification and limitations of liability, dispute resolution and class action waiver.

These Terms set forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

We may send notices pursuant to these Terms to you via the email address or physical address you provide us, and such notices will be deemed received 24 hours after they are sent. You may send notices pursuant to these Terms to  info@myndifyapp.com or by mail or courier to MYNDIFY Technologies, LLC, 1150 Teaneck Rd Unit #23 Teaneck, NJ 07666 Attn: Legal Department (or to such other address as to which the other party has been notified) and such notices will be deemed received 72 hours after they are sent.  Notwithstanding the foregoing, notices of updates to license terms, terms of use, privacy terms or other terms related to the App and our Services may be delivered by MYNDIFY™ posting such updates on its website or through in-product message.

We will not be deemed to have waived any of our rights under these Terms by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of these Terms will constitute a waiver of any other breach of these Terms.