Terms and Conditions.
HelloMind’s Terms & Conditions consist of the following sections:
– Your use of HelloMind
– Special terms regarding ‘Video Feedback’
– License Agreement
– Dispute Resolution and Arbitration
– The auto-renewable nature of subscription
YOUR USE OF HELLOMIND
HelloMind is intended to enable you to help yourself. It is your own responsibility how you use HelloMind, and your own risk how your use of HelloMind affects you. Under no circumstances can HelloMind replace psychological, psychiatric or other professional diagnosing and/or treatment by trained professionals. Information and content provided through HelloMind is not medical advice, and HelloMind does not provide medical or diagnostic services or prescribe medication. HelloMind can under no circumstances be held liable for the consequences of your use of HelloMind.
By using HelloMind you can and will be exposed to effects that might potentially cause very strong emotional reactions and changes in you. These effects include, but are not limited to, the following:
A. Informative sentences that might evoke memories or associations that HelloMind cannot control or regulate and which might feel unsettling for you as a user.
B. Language that might activate feelings or emotional moods that HelloMind cannot control or regulate and which might feel unsettling for you as a user.
Any feeling of discomfort that you might experience in connection with your use of HelloMind must and should make you stop using HelloMind. If, having used HelloMind, you experience mental discomfort, including an urge to damage yourself or others, you must immediately seek professional help from a trained specialist.
Do not use HelloMind for emergency medical needs. If you are experiencing a medical emergency, including thoughts of harm to yourself or others, please immediately contact emergency medical services such as 911, or a crisis hotline.
The use of HelloMind could be harmful to persons who suffer from or have suffered from psychological illnesses (“Vulnerable Persons”). Vulnerable Persons therefore cannot use HelloMind.
Vulnerable Persons are persons who have been admitted to a somatic or psychiatric hospital, casualty ward or similar institution due to a mental illness of any kind.
Vulnerable Persons are also persons who (a) are or have been diagnosed with or (b) have received or receive treatment for one or more of the following illnesses or comparable illnesses without having been admitted to a hospital: (i) Schizophrenia, (ii) multiple personality disorder, (iii) borderline (borderline psychosis), or (iv) psychosis.
If you are in doubt whether you are a Vulnerable Person you must seek guidance from a trained professional before using HelloMind.
SPECIAL TERMS REGARDING VIDEO FEEDBACK
HelloMind has a service called Video Feedback that makes it possible for you (the “User”) to upload film, photos, text and other material (the “Material”) to HelloMind. If you use this service you authorise HelloMind to use the Material as set out in the following Special Terms and Conditions:
A. The user assigns with exclusivity, irreversibly, irrevocably, indefinitely and for any territory and for any use, whether or not the form of use is known or unknown when the User accepts these Special Terms and Conditions, and whether or not the use is commercial or non-commercial, any intellectual property right(s) held by the User in the Material and which the User uploads to HelloMind via the service Video Feedback.
B. “Intellectual Property Right(s)” shall mean any right under current and applicable substantive law on intellectual property rights such as – but not limited to – the provisions under United States, or other applicable law on copyright (both financial and moral rights), trademarks, patents, marketing, utility models and designs.
C. The User will under no circumstances be entitled to any fee such as royalty or other kind of remuneration for HelloMind’s use of the Material in accordance with these Special Terms and Conditions.
Apple iOS users may opt-in to allow the Products to provide data regarding the amount of minutes meditated to the Apple iOS “Health” application for display. This data will not be shared with third parties or used for marketing purposes.
Information that is collected
HelloMind collects and processes a) personal information that you enter in HelloMind (for example, your name and e-mail address) and b) information about your use of HelloMind (for example, this could be information regarding your preferred treatments and data regarding your mobile phone).
HelloMind does not collect information about race, ethnicity, political conviction, religion, sexual preferences, state of health or philosophical beliefs.
If HelloMind becomes aware that the collected information is incorrect or misleading, HelloMind will delete or correct the information in question.
HelloMind collects your information when you knowingly volunteer it through the application, as well as when you interact with the application on your device. We also may collect information about you that we may receive from other sources or from our offline interactions with you to, among other things, enable us to verify, update information contained in our records and to better customize service for you.
The purpose of collecting information
HelloMind collects information in order (i) to be able to identify you as a user, (ii) to be able to provide the best possible services to you as a user, (iii) to protect HelloMind’s rights, and (iv) to market HelloMind.
Who information is provided to
HelloMind may share your personal information collected through use of HelloMind with our service providers. Third party service providers perform functions on HelloMind’s be-half and may have access to your personal information in order to perform these functions. If such access is required, the third parties will be contractually obligated to maintain the security and confidentiality of that personal information, and are restricted from using, selling, or distributing this data in any way other than to provide the requested services to HelloMind.
HelloMind may also use or disclose your personal information if required to do so by law or on the goodfaith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on HelloMind; (b) protect and defend our rights or property, or our users, or (c) act to protect the personal safety of individuals affiliated with and users of HelloMind or the public.
As a user of HelloMind you have, of course, all rights conferred on you by the law in force, including a right (i) to be informed about the information that HelloMind collects regard-ing you and your use of HelloMind, and (ii) to request that information collected by HelloMind about you be corrected or deleted if the information is faulty or incorrect.
If you no longer wish that HelloMind collects information about you, HelloMind will, of course, accept your wish and cease to collect such information. Likewise, if you so wish, HelloMind will delete information about you that HelloMind has collected, including any photos or films that you have uploaded, unless the information about you has been anonymised, or if HelloMind is required to retain such information to comply with applicable laws or legal process.
Please note that your use of HelloMind is voluntary, and if you choose to exercise your rights HelloMind might not be able to or wish to let you continue using HelloMind.
You can exercise your rights by contacting HelloMind at: [email protected]
HelloMind is not an application directed to children under 13 years of age or minors, and we do not knowingly collect personally identifiable information from children under 13 years of age. If you are under 13 years of age, you should not use this application, nor should you provide personal information to us. If we discover that a child under the age of 13 has provided us with personal information, we will immediately delete that child’s information from our files.
The data controller
HelloMind is responsible for the collection and processing of the information about you. If you have questions regarding the collection or processing of information concerning you, please contact HelloMind at: [email protected]
HelloMind takes physical, electronic and procedural safety measures to ensure protection of any information collected and treated by HelloMind.
Questions or concerns
In addition to the possibility of contacting HelloMind directly via the above-mentioned e-mail address, you are also entitled to file a complaint with the Danish Data Protection Agency (Datatilsynet), Borgergade 28, 5. sal, DK-1300 Copenhagen K.
HelloMind may be obtained via download through either the Apple iTunes App Store (“iTunes”) or the Google Play Store (“Google Play”), depending on the nature and compati-bility of the devices from which you will use or access HelloMind. This paragraph applies to any application version of HelloMind that you acquire from iTunes or Google Play. You are solely responsible for ensuring that your devices are compatible with iTunes or Google Play.
This Agreement is entered into between you and HelloMind. Apple, Inc. (“Apple”) and Google, Inc. (“Google”) (collectively, the “download service providers”) are not parties to this Agreement and shall have no obligations with respect to HelloMind. HelloMind, not Apple or Google, is solely responsible for HelloMind, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, the download service provider used to obtain HelloMind shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. If HelloMind fails to conform to any applicable warranty, you may notify the download service provider used to obtain HelloMind and they will refund the purchase price (if any) of HelloMind in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain HelloMind will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain HelloMind and HelloMind, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is HelloMind’s responsibility. We both acknowledge that HelloMind, not the download service provider used to obtain HelloMind, is responsible for addressing any end-user or third-party claims related to HelloMind, including, but not limited to: (a) product liability claims, (b) any claim that HelloMind fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, we both acknowledge that, in the event of any third-party claim that HelloMind or your possession or use of HelloMind infringes on that third party’s intellectual property rights, as between HelloMind and the download service provider used to obtain HelloMind, HelloMind will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.
YOUR USE OF HELLOMIND IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH HELLOMIND OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO HELLOMIND. WE DO NOT REPRESENT OR WARRANT THAT HELLOMIND OR ANY INOFOR-MATION OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HELLOMIND IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF HELLOMIND OR ANY INFORMATION OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH HELLOMIND MAY BE OUT OF DATE, AND NEITHER HELLOMIND NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HELLOMIND OR THROUGH ITS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
HELLOMIND DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING HELLOMIND, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM HELLOMIND. IN NO EVENT WILL HELLOMIND, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF HELLOMIND, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF HELLOMIND, ANY WEBSITES LINKED TO HELLOMIND, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH HELLOMIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [[YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRE-LY WITH YOU.]] THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH HELLOMIND OR ANY CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING HELLOMIND OR THE CONTENT OR SERVICES.
You or we may suspend or terminate your account or your use of HelloMind at any time, for any reason or for no reason. We may also block your access to HelloMind in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. You understand that HelloMind may permanently delete any data you submit through HelloMind at any time without notice. HelloMind will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.
DISPUTE RESOLUTION AND ARBITRATION
If a dispute arises between you and HelloMind, we would like to learn about and address your concerns. Disputes regarding HelloMind may be reported to us at [email protected]
If you and HelloMind are unable to resolve your concerns informally, you and HelloMind each agree that any and all disputes or claims arising out of or relating to these Terms or the relationship between you and HelloMind shall be resolved exclusively through final and binding arbitration, as set forth in this section (“Arbitration Terms”), rather than in court. These Arbitration Terms and any dispute or arbitration hereunder will be conducted under the rules of the International Chamber of Commerce in the English language and shall be governed by the laws of Denmark, without regard to principles of conflict of law, including any applicable statutes of limitations. The proceedings will be before three arbitrators with each party selecting one arbitrator and the two arbitrators so selected to select the third arbitrator. The arbitrators’ award shall be final and binding, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
You and HelloMind agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. Unless both you and HelloMind agree otherwise, the arbitrators may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrators may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other HelloMind users.
The proceedings shall take place in Copenhagen, Denmark, and attendance at an in-person hearing may be made by telephone by you and/or HelloMind, unless the arbitra-tors require otherwise. The arbitrators shall have the authority to award compensatory damages only and shall not award punitive or exemplary damages. Notwithstanding the foregoing, either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). The prevailing party in any legal proceeding brought by one party against the other party in a dispute shall be entitled to recover its legal expenses, including, but not limited to, the costs of any court or arbitration proceeding and reasonable attorneys’ fees. HelloMind will advance you any arbitration fees that exceed what you would have had to pay for court proceedings, provided that you shall refund such amounts if HelloMind ultimately prevails in the arbitration.
If a court decides that any part of these Arbitration Terms is invalid or unenforceable, the other parts of these Arbitration Terms shall still apply.
THE AUTO-RENEWABLE NATURE OF SUBSCRIPTION
– Subscription periods are 1 month or 1 year. Every 1 month or 1 year your subscription renews.
– Payment will be charged to iTunes Account at confirmation of purchase
– Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
– Account will be charged for renewal within 24-hours prior to the end of the current period.
– You can cancel your subscription via this url: https://support.apple.com/en-us/HT202039