Brightmind Meditation, LLC

Terms and Conditions

 

BRIGHTMIND MEDITATION, LLC

(“BRIGHTMIND” or “we”)

 

Please read these Terms and Conditions carefully before using or subscribing to any Brightmind products or services as this is a legally binding contract (“Agreement”) between you (“you”) and Brightmind.   These are the terms and conditions through which we provide the Application described below.  Your access to and use of Brightmind is governed by this Agreement, which contains a Privacy Policy, whether or not you create an account with us or subscribe to the Application.   Please note that you may also be subject to third party terms and conditions (such as those for our payment processor or the AppStore)  that are separate from and are not a part of this Agreement.

This Application is not intended for children.  By subscribing to or downloading the Application, you are warranting that you are 18 years old or older.  If you are under the age of 18, you may access and use this Application only under the supervision of a parent or guardian who has agreed to this Agreement and created a subscription account and/or accessed the Application in the name of the parent or guardian using the personal identification information of the parent or guardian.    All data collected and disseminated through or by the Application will be in the name of the parent or guardian in accordance with the personal information of the parent or guardian as provided.   Brightmind does not collect any personal information from anyone under the age of 18.   Parents and guardians may not provide any personal information concerning children to Brightmind.  Only personal information of the parent or guardian may be provided. 

By use of our Application, we strive to provide people with insight and a positive experience with the practice of mindfulness.  However, the Application is not intended to provide and does not provide medical or therapeutic advice or services.  Brightmind does not provide individual or group counseling services of any nature.  If you experience any anxiety, depression or other health issues while using the Application, please discontinue use and consult a physician. 

Brightmind is not liable for any mental or physical distress you may experience before, during or after use of the Application.  

This Agreement governs and applies to the Brightmind application (“Application”) provided by Brightmind Meditation, LLC (“Brightmind”).

Acceptance of Terms and Conditions

You must be 18 years of age or older to access or subscribe to the Application.  By using or downloading any content or materials on the Application and/or subscribing to the Application you warrant that you are legally capable of entering into binding contracts, that all registration information you submit will be correct and truthful, that you will update your information from time to time as necessary to keep it current and that your use of the Application does not violate any law or regulation.   It is your responsibility to install the Application and any mandatory updates in order to access the Application and/or continue to receive Application services.

This is a brief summary of your obligations, which are more fully detailed in the body of the Agreement:

•        You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;

•        You will use the Application in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Brightmind from time to time; and

•        You have received, reviewed, understand and accept this Agreement and acknowledge and demonstrate that you can access this Agreement to review any changes to this Agreement that may be implemented by Brightmind; and

•        You understand and agree that this Application is not intended for and does not provide medical services or advice.   While we hope the practice of mindfulness will assist in bringing peace and joy into your daily life, this Application is not a substitute for mental health therapy, medical services or other health-related services or any nature; and 

•        Please consult your physician immediately if you experience anxiety, depression or other health issues.  Brightmind is not liable for any mental or physical distress you may experience before, during or after use of the Application; and  

•        Brightmind reserves the right to update and/or change this Agreement and any other Brightmind policies in conformity with relevant law at any time and from time to time with or without prior notice.   Your continued use of the Application constitutes your acceptance of all then-current terms and conditions.   In the event Brightmind chooses to push or publish changes through links, notices or pop-ups, by clicking “I accept” you will be agreeing to the then-current Application terms and conditions; and  

•        You may delete your account with us at any time by contacting our Support Team. If you choose to permanently delete your account, all non-public personal information that we have associated with your account will also be deleted.

•        Whenever the permission or consent of Brightmind is required, whether or not specifically stated, permission or consent is in the sole discretion of Brightmind.

If you do not agree with the terms and conditions in this Agreement, please discontinue all further access to or use of the Application.

Use of the Application and Becoming a Member

You have to register in order to access the Application.   When you create an account, you agree to provide us with accurate information and keep this information current.   Otherwise, some services may not be available to you and we may not be able to assist you if you forget a password or user information, and we may not be able to contact you with updates, important notices or other information.

Free Access

Brightmind may or may not offer or continue to offer free access to the Application or particular training or materials on the Application.  Whether or not you are a paying subscriber to any Brightmind Applications or services, you are subject to these terms and conditions.  Brightmind may also offer free trial subscriptions from time to time.   Terms and conditions of free services may be changed by Brightmind without prior notice in the sole discretion of Brightmind.

Subscriptions - PLEASE NOTE THAT ALL SALES ARE FINAL.   

Most content is available only by subscription. If your subscription is terminated for any reason, Brightmind reserves the right to lock content available at the time of termination.    If you are terminated by Brightmind for cause, as determined by Brightmind in its sole discretion, in addition to all other rights and remedies available to Brightmind, Brightmind reserves the right to lock you out of all content and terminate your access to the Application and/or any other Brightmind products or services without prior notice or refund of any fees or charges.

Brightmind offers membership subscription options as follows:

$7.99 monthly subscription

$95 annual subscription

$399 lifetime subscription

 

Please contact us with any questions about the Application.  Please allow up to 30 days for response.

IN ADDITION TO THESE TERMS AND CONDITIONS, YOU MAY ALSO BE SUBJECT TO TERMS AND CONDITIONS AND CHARGES ASSESSED BY YOUR APPLICATION PROVIDER AND/OR YOUR CARRIER.   THESE ARE YOUR SOLE RESPONSIBILITY.  PLEASE REFER TO ALL RELEVANT THIRD PARTY TERMS AND CONDITIONS FOR INFORMATION THAT MAY BE APPLICABLE TO YOU.

Termination of Your Account

Suspension or Termination.

We may, in our sole discretion and without liability to you or any third party, terminate your use and/or access to the Application for any reason. Without limiting the foregoing, we may suspend your access to the Application if you: (a) have violated these terms and conditions, (b) pose a fraud or chargeback risk to us, or (c) provide us any false, incomplete, inaccurate, or misleading information or (d) otherwise engage in fraudulent or illegal conduct. If we determine, in our sole discretion, that a payment card/paypal account associated with you poses a fraud risk, we may suspend or terminate all accounts associated with that payment card/paypal account.

Effect of Termination.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Application, or any termination or suspension of the Application or your account. If your use of the Application or your account is terminated for any reason or no reason, you agree: (a) you continue to be bound by these terms and conditions and remain responsible for any transactions you have processed through use of the Application, (b) to immediately stop using the Application, (c) that the Brightmind license to you provided under these terms and conditions will end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data, and (e) that neither Brightmind nor any of our third party providers will be liable to or through  you or to any third party for termination, and (f) all of these terms and conditions that by their nature survive will survive termination of your account or the Application for any reason.

Brightmind’s License to You

Brightmind grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Application in accordance with your then-current subscription terms. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, clone, lend, sell, transfer, make commercial use of,  redistribute, sublicense or transfer the Application (for clarity, this includes all Application content) and, if you sell or otherwise transfer a device on which the application is installed to a third party, before you do, you must remove the Application from the device. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part of the Application (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application).

Your License to Brightmind

Any communications or material of any kind that you email, post, or otherwise transmit to Brightmind using the Application, including data, questions, comments, or suggestions (your “Communications”) will become the property of Brightmind. You grant a perpetual, worldwide right and license to Brightmind, its successors and assigns to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such Communications in every media now known or later developed for any Brightmind purpose.  This right includes the right of Brightmind to use, modify, reproduce, display and create derivative works of your Communications.    Brightmind does not represent that you will have the ability to communicate with Brightmind through the Application.

Electronic Signatures

You agree to be bound by any affirmance, assent, or agreement you transmit to Brightmind using the Application, including but not limited to consent you give to receive communications from Brightmind solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Application, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Use of Brightmind

The following requirements apply to your use of the Application:

•        You will not use any electronic communication feature of the Application which may then be available for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.

•        When and if such Application capability exists, you will not use the Application to upload, post, reproduce, display or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the Brightmind in each instance, which permission is in the sole discretion of Brightmind.

•        You will not upload, post, reproduce, display or distribute in any media any information, software, or other material from or on the Application, all of which is protected by copyright and/or any other intellectual property rights, including without limitation, rights of publicity without first obtaining the permission of the Brightmind in each instance, which permission is in the sole discretion of Brightmind.

•        You will not collect or store personal data about other Application users.

•        You will not use the Application for any commercial purpose not expressly approved by Brightmind in writing in advance, which approval is in the sole discretion of Brightmind.   This includes, without limitation, references to Brightmind in advertising for any services or products not produced, sold, licensed by or through Brightmind. 

•        You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

•        You will not use the Application when you are driving a motor vehicle or machinery, even if doing so is legally permitted in your location.

Security of Data Transmission and Storage

In connection with the Application, we have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. If you communicate with us via email, we may or may not retain your communications.  You acknowledge that you provide your personal information at your own risk. 

Trademarks and Copyrights

The Application is owned by Brightmind or its affiliates or agents, and is protected by United States state and federal trademark law, US copyright laws and international treaty provisions.

All Application content, including without limitation, all trademarks, service marks, trade names, logos, photographs, images, graphics, audio and video materials, texts and icons are the sole property of Brightmind or licensed to Brightmind for use with the Application in accordance with these terms and conditions. Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Application without the prior written permission of Brightmind, which permission is in the sole discretion of Brightmind. You will not develop any rights in any Brightmind trademark through use or otherwise, all of which rights, together with the goodwill inherent in such marks, are reserved to Brightmind and/or the owner of such trademark.  

All materials of any nature in every media on the Application are the copyrighted works of Brightmind or the copyrighted materials of third parties licensed to Brightmind solely for use in and in connection with the Application in compliance with these terms and conditions.   Other than in strict compliance with these terms and conditions, use, display, reproduction, creation of derivative works, performance, resale of the Application/content, uploading or posting of the Application and/or any other use of the content in the Application is strictly prohibited.   The Application is strictly for your own personal use.  No commercial use is permitted.

Any unauthorized use of the Application may violate copyright laws, trademark laws, laws of privacy and publicity, and/or other regulations and statutes.

All rights in the Application not expressly granted to you under this Agreement are reserved to Brightmind.

Disclaimer of Warranties

YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR SOLE RISK.

THE APPLICATION IS PROVIDED BY BRIGHTMIND AND ACCEPTED BY YOU ON AN “AS-IS,”  “WHERE-IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

BRIGHTMIND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRIGHTMIND MAKES NO WARRANTY THAT (i) THE APPLICATION WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLEAS DESCRIBED OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIGHTMIND, OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY REGARDING THE APPLICATION NOT EXPRESSLY STATED IN THIS AGREEMENT. 

Some jurisdictions do not permit disclaimers of certain warranties, so some of these provisions may not apply to you.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW BRIGHTMIND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRIGHTMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE APPLICATION OR ANY OTHER MATTER RELATING TO OR ARISING OUT OF USE OR NON-USE OF THE APPLICATION.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BRIGHTMIND, NOR ANY PROVIDERS, NOR THEIR RESPECTIVE LICENSORS, SUPPLIERS, AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS OR EMPLOYEES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APPLICATION; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

YOU UNDERSTAND AND AGREE THAT YOUR TOTAL DAMAGES AGAINST BRIGHTMIND, REGARDLESS OF THE NATURE OF THE CLAIM, ARE LIMITED TO THE AMOUNT PAID TO BRIGHTMIND IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

ALL CLAIMS MUST BE MADE WITHIN ONE (1) YEAR OF THE ACCRUAL OF THE CLAIM.  

YOU WARRANT THAT YOU HAVE READ AND UNDERSTOOD THIS LIMITATION ON LIABILITY AND ACCEPT ITS TERMS.    YOU UNDERSTAND AND AGREE THAT BRIGHTMIND WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU BUT FOR THIS LIMITATION ON LIABILITY. 

Indemnification

You will indemnify and defend Brightmind and its providers and licensors (and our and their respective employees, managers, shareholders, members, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity (including you) that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these terms and conditions, including without limitation any violation of our policies; (b) your wrongful or improper use of the Application (including without limitation all content); (c) any of your transactions with us (including without limitation the accuracy of any payment information that you provide or any claim or dispute arising out of the Application purchased by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity right or intellectual property right; (e) your violation of any law, rule or regulation of the United States or any other country; and (f) any other party's access and/or use of the Application with your devices and/or your unique username, password or other appropriate security code.

Privacy Policy

What Personal Information We Collect

When you access the Application, either for a free trial (if any) or a subscription, we collect your name and email address and other personal information that may be necessary to set up an account with us and to permit you to set up a user name and password properly.   We use this information to complete your purchase transactions, provide the services/subscription for which you are signing up, send you additional information about the Application, to identify your preferences as to activities while you use the Application, to notify you of Application updates and to improve our Application, customer service and the overall experience of our customers using our Application.  

We do not access or store your payment information, which is conducted through a third party processor who does not share your credit card, PayPal or other personal payment information with us.

When you use the Application, we track your activity, including tracking which teachers you follow, your session time(s) and time spent in meditation while using the Application.  We do not disclose this information to any third parties.    It is used internally for our purposes to improve the Application and to assist you with use of the Brightmind Application (in case you forget your password, for instance).   There may also be additional Application services or benefits offered from time to time on the Application that may be communicated to you that will be offered based on the information concerning your use of the Application.   

Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask Brightmind for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. We currently do not share any personal customer information with any third party, including any affiliate, for any marketing purposes, only with our payment processor for payment purposes.   Should we later do so, we will update this Privacy Policy and provide you with an address to which you can direct a request for the notice. 

Cookies

We do not collect cookies, a small data file stored by your web browser to permit us to recognize your computer.   However, third parties, such as the AppStore or our third party payment processing solution, may collect cookies with respect to any transaction with us.   You will be aware that you are not on the Application for payment purposes, so please review any third party privacy information carefully.  We are not responsible for third party collection of cookies or other of your personal information. 

 

Servers

All of our servers are located in the US.  However, third party providers, such as the AppStore and payment processers, may use servers located outside the US.

Links

Currently, we are not linking to other sites other than payment processors.  However, should we do so, their privacy policies may differ from ours, and you should check their policies before viewing any third party site accessed from our Application.   We have no control over, and no responsibility for, any third party site policies.   There are risks in using any information, software, or products found on the Internet, and Brightmind cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

Children

Our Application is not intended for children, and no one under the age of 18 is entitled to subscribe or access the Application without the specific permission of their parent or guardian under the name of the parent or guardian.  We will not knowingly set up access or a subscription to anyone under the age of 18.   In particular, children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.  However, we are not responsible if anyone under the age of 18 unlawfully enters false information concerning their age and/or provides us with personal information.

Email and Mobile Messaging

We occasionally will send emails or mobile messages concerning the Application.  If you do not wish to receive these, you may opt out at any time, provided that if you do you may miss important information concerning access to the site and/or your subscription.  Please follow the opt-out instructions in any email or mobile message to opt-out. 

Governing Law/Jurisdiction/Additional Remedies

The Agreement, and all future agreements you will enter into with Brightmind, unless otherwise indicated on such other agreement, will be governed by the law of the State of California, USA, without regard to its conflicts of law principles. This is the case regardless of whether you reside or transact business with Brightmind or any of its affiliates or agents in the State of California or elsewhere. You agree that the relevant state or federal court located within Los Angeles County, California, USA will have exclusive jurisdiction to resolve any matters arising out of or in connection with this Agreement and the Application.   You expressly submit to the personal and subject matter jurisdiction of such courts for such purpose.  You agree not to contest venue as appropriate in Los Angeles County.  

In addition, you understand and agree that certain rights of Brightmind in and to its intellectual property are special and unique.  In the event of your breach of the limited license granted to you under this Agreement or any breach of any Brightmind intellectual property right, you agree that monetary damages will be insufficient to compensate Brightmind for its losses.   Therefore, you agree that Brightmind may obtain injunctive relief to prevent a breach or threatened breach of the limited license granted to you and/or its intellectual property rights without posting a bond or further proof of irreparable harm.

In the event Brightmind is required to enforce its rights under this Agreement, you agree that you will be responsible for all Brightmind’s reasonable attorneys’ fees and costs of enforcement.  

To the fullest extent permitted by law, no suit or arbitration with respect to the Application will be permitted to be joined with any other suit or arbitration except by Brightmind, whether through class action proceedings or otherwise.

Miscellaneous

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

This Agreement constitutes the entire agreement between you and Brightmind concerning the Application, and governs your use of the Application, superseding any prior agreements between you and Brightmind regarding the Application. If any provision of this Agreement is determined to be invalid under law, such invalidity will not affect any other provision or provisions of this Agreement, which will otherwise be valid. The failure of Brightmind to enforce any provision in this Agreement will not constitute a waiver of that provision or any other provision.

Our goal is always to provide you with complete, accurate and up-to-date information about Brightmind.  Unfortunately, it is not possible to ensure that any Application will operate free of human or technological errors.   The Application and information we provide to third party retail sites on which you purchase the Application may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability.  Some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

 

You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary.


Headings and captions are for convenience only and shall not be considered included for purposes of interpretation. The term "including" will mean "including, without limitation." Whenever used in this Agreement, the singular will include the plural, the plural will include the singular, and the use of any gender reference is applicable to all genders.

 

You acknowledge that US and other countries have laws and regulations related to export of applications. You agree that you will not export the Application in any form or to any recipient inside or outside the US in violation of US and/or foreign laws and regulations.

 

 

Last updated December 2, 2016.