AN AGREEMENT BETWEEN YOU AND US
This Mobile Application End User License Agreement (“License Agreement”) is a binding agreement between Clearmind, Inc. (“Clearmind,” “we,” “us,” or “our”) and you (“you,” “your,” or “End User”). This License Agreement governs your use of the Clearmind Mobile Application (the “Application”), as well as all related documentation and services (collectively, the “Services”), which is made available for download from our website, and for installation and use on a mobile phone, tablet or other computer. (“Mobile Device”).
For purposes of clarity, THIS APPLICATION IS LICENSED, NOT SOLD, TO YOU. Read this License Agreement carefully before you begin using the Services. The terms contained herein apply to all End Users of the Services.
BY CHECKING THE BOX, DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU UNDERSTAND THIS LICENSE AGREEMENT; AND (B) ACCEPT THIS LICENSE AGREEMENT AND ACKNOWLEDGE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION. IF YOU HAVE ALREADY DOWNLOADED AND/OR INSTALLED THE APPLICATION, BUT YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, THEN YOU SHOULD DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.
Note that the License Agreement may be updated from time to time, and any End User’s continued use of the Services after we have made updates to the terms shall be considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check the License Agreement periodically for updates.
1. Scope of License Agreement; Term and Termination.
- License Grant. Subject to the terms of this License Agreement, Clearmind grants you a limited, non-exclusive, revocable, and nontransferable license to download, install, and use the Services for your personal, non-commercial use on a single Mobile Device, strictly in accordance with this License Agreement. This License Agreement does not allow you to use the Services on any electronic device that is not owned or otherwise controlled by you. This License Agreement shall govern any upgrades provided by Clearmind to the Services, unless otherwise specified by Clearmind at the time the upgrade is made available to an End User.
- Term. This License Agreement shall commence on the date that you install the Services and is perpetual until: (a) you or Clearmind provides to the other a notification of an intent to terminate this License Agreement; (b) you cease use of and delete and/or otherwise remove the Services from your Mobile Device; or (c) the License Agreement otherwise terminates pursuant to this Section.
- Termination. Clearmind may terminate this License Agreement at any time without notice and without any obligations to you whatsoever. In addition, this License Agreement will terminate immediately and automatically without any notice, if you violate any of the terms and conditions of this License Agreement. Upon termination: (i) all rights granted to you under this License Agreement will also terminate; and (ii) you must cease all use of the Services and delete all copies of the Services from your Mobile Device. TERMINATION WILL NOT LIMIT ANY OF CLEARMIND’S RIGHTS OR REMEDIES AT LAW OR IN EQUITY.
2. End User Obligations and Restrictions.
- Registration and Security. You may not impersonate, imitate, or pretend to be somebody else when registering for our Services or making a purchase. Access to certain portions of the Services is restricted to registered users. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your account has been accessed without your permission). We also recommend that you do not store your password through your web browser or other software.
- Limitations on Use. The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services and their content; and you agree to maintain a positive sense of decorum in all of your interactions with other users on the Services.
In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
- Download and/or install the Services onto a Mobile Device that is not owned or otherwise controlled by the End User;
- In any manner transmit or submit any content: (A) to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content); (B) that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity); or (C) that is harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
- Copy, reproduce, republish, upload, post, transmit, or distribute the Application, the Services, or any content thereof, including but not limited to, making the Services available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;
- Modify, translate, alter, adapt, decipher, decompile, reverse engineer, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Application, or any content thereof;
- Share or sell information derived from or related to the Services, the Application, or any content thereof, including information about other users;
- Knowingly or negligently permit other individuals or entities to use or copy the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
- Circumvent, disable, or otherwise interfere with security-related features on the Services or features that prevent or restrict use or copying of any content;
- Knowingly include or use any false or inaccurate information in any information form;
- In any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
- Attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Services, or transmit or upload any material to the Services that contains viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- Use the Services in any way that competes with us or in connection with any hazardous or safety-critical applications, environments, or systems; or
- Encourage, collaborate, or instruct any other person or entity to do any of the foregoing.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Services. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SERVICES OR TO RETAIN THE CONTENT ON THE SERVICES UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.
- User Feedback and Suggestions. All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Clearmind or otherwise disclosed, submitted, or offered concerning the Services in connection with your use of the Services (collectively, “Feedback”) will be Clearmind property. Such disclosure, submission, or offer of any Feedback will constitute an assignment to Clearmind of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. Clearmind will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback.
- Cancellation, Termination, and Account Deletion. You may cancel your account at any time after 90 days by emailing us at [EMAIL]. At cancellation, your account will be inactivated and you will no longer be able to log into your account. Clearmind may terminate your password, account, or use of the Services at any time if you breach or otherwise fail to comply with this License Agreement or Clearmind’s then-current payment, refund, or other policies, if any and as applicable. In addition, Clearmind may terminate your account at any time in its sole discretion.
- Links to Third-Party Websites. The Services may contain links to websites on the Internet, which are not maintained by us, including additional mobile applications of third-parties. When you leave the Services, you do so at your own risk. By providing a link to a third-party website or mobile application, we are not endorsing or attempting to associate with any other entity. Third-party websites/mobile applications are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
- Reliance on Information Posted. We reserve the right to modify the Services and any content or information therein, whether posted by or supplied by you or us, at any time, in our sole discretion, without notice. Clearmind is not responsible for any content on the Services, and you assume any and all risk for decisions based on information contained within the Services. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Services materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
3. Intellectual Property
- Reservation of Rights. You DO NOT acquire any ownership interest in the Services under this License Agreement, or any other rights thereto, other than to use the Services in accordance with the limited license granted hereunder, and subject to all terms, conditions, and restrictions, under this License Agreement and any other policies and notices we provide. The Services, including all text, images, designs, graphics, content, source code, object code, data, features, and functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Services and their content is copyrighted material and is protected by the Copyright Act of 1976. Clearmind reserves and shall retain its entire right, title, and interest in and to the Services, including all patent, copyright, trademark, trade secret, and other intellectual property rights therein or relating thereto, except as expressly granted to you under this License Agreement. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on the Services without our prior, express, and written permission.
- User-Submitted Website Content and License of Intellectual Property Rights. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the User-Submitted Content that you put into the Services. WHEN YOU POST OR OTHERWISE SUBMIT INFORMATION OR CONTENT INCLUDING BUT NOT LIMITED TO, ANY TEXT, DOCUMENT, IMAGE, VIDEO, OR CONTENT ONTO THE SERVICES (“User-Submitted Content”) TO THE SERVICES, YOU REPRESENT AND WARRANT THAT THE USER-SUBMITTED CONTENT DOES NOT INFRINGE THE RIGHT(S) OF ANY OTHER PARTY AND THAT YOU HAVE THE RIGHT TO SUBMIT SUCH USER-SUBMITTED CONTENT. You further agree that you will indemnify, defend, and hold harmless Clearmind, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding your User-Submitted Content and a third party’s proprietary or intellectual property rights.
4. Collection and Use of Your Information; Consent.
- Non-Personal Information. You acknowledge that when you download, install, and/or subsequently use the Services, we will collect information about you and about your Mobile Device. We may use automatic means (by way of example only, phone number tracking, geolocation software, cookies, web beacons, and/or software command scripts) to collect information about your use of the Services. YOU AGREE THAT CLEARMIND MAY COLLECT AND USE TECHNICAL DATA AND RELATED INFORMATION, INCLUDING BUT NOT LIMITED TO, INFORMATION ABOUT YOUR MOBILE DEVICE AND ASSOCIATED COMPUTING DEVICE, SYSTEM, SOFTWARE, AND PERIPHERALS, AS IT IS GATHERED AUTOMATICALLY, PERIODICALLY, AND ON A CYCLICAL BASIS BY THE APPLICATION. We utilize this data to facilitate your use of the Services, as well as the provision of software updates, Services support, and other related services for the benefit of maintaining and operating the Services. Without limiting the foregoing, you acknowledge that: (i) information regarding the hardware model and the IOS version of the Device on which you are running the Mobile App may be collected, transmitted to and stored on our database server, may be transmitted to us and may be used to make changes, updates or improvements to or optimize the performance of the Mobile App or to otherwise inform future development; and (ii) audit logs reflecting your logins, logouts and the activities you have accessed through your use of the Mobile App may be generated in connection with your use of the Mobile App may be collected, transmitted and stored on a database server used by us. Your information may also be made available to us for troubleshooting.
- Access Credentials. You, your Support Team (as applicable), your Provider (as applicable) and others you have authorized to use the Services (“Authorized Users”) will be assigned a log-in and password to access your account (you or others you have identified) and your individual information. You are responsible for the confidentiality and security of all Authorized User log-ins and passwords. To the extent that you permit Authorized Users to enable a “remember” password or login credential option in the Application or on the Device, Licensee acknowledges that such password or equivalent will be stored on the Device. You assume the risk of unauthorized access to your information through an Authorized Users’ failure to maintain the privacy or security of access credentials or if a device is lost or stolen.
- Cellular/Internet Use. Use of the Services requires Cellular and/or Internet access and a compatible Device operating platform. You accept all risk of accessing and transmitting information over the Internet or cellular connection and full responsibility for reasonable and appropriate security configuration of Authorized User Devices. You accept full responsibility for any losses and/or damages that may result from that action, including without limitation any breach notification obligations, and agrees not to hold us liable for any losses or damages resulting from such use or compromise of the privacy of your information through such use.
You are responsible for implementing sufficient procedures and security mechanisms in your use of the Mobile App to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Services to reconstruct any lost data. You are responsible for ensuring that your mobile device has access restrictions to protect against unauthorized access to your Personal Information and that all software updates are current. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your MOBILE DEVICE, computer programs, data, or other proprietary material due to your use of the Services or to your downloading of any material AVAILABLE ON OR THROUGH IT, or on any third-party website linked to it OR ANY ACCESS TO INFORMATION STORED ON YOUR DEVICE OR ACCESSIBLE THROUGH YOUR DEVICE. Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
6. Updates; Outages.
It may be necessary for Clearmind to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services. Clearmind provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free. Any degradation or interruption of the Services will not give rise to a refund or credit of any fees paid by you. Additionally, from time to time, in its sole discretion, Clearmind may develop and make available software updates to the Services, which could include upgrades, bug fixes, patches, error corrections, new features, and/or modification or deletion of existing features and functionality (collectively, including related documentation, “Update(s)”). You acknowledge and agree that Clearmind has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Updates shall be delivered to you based on the Mobile Device settings, when the Mobile Device is connected to the Internet, by either: (a) an automatic Update initiated by the Services, which shall download and install any available Update; or (b) a notification Update in which you receive notice of the availability of an Update prior to choosing to download and install the Update accordingly. Your decision not to Update, or your failure to promptly update the Services may result in the inability of the Services, or portions thereof, to operate properly. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL UPDATES WILL BE DEEMED TO BE PART OF THE APPLICATION AND, AS SUCH, ALL UPDATES ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
7. Disclaimer of Warranties.
THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CLEARMIND, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES OR INFORMATION FOUND ON THE SERVICES. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
8. Other Disclaimer and Notices.
THE SERVICES OFFERS DIGITAL SUBSTANCE USE ADDICTION MONITORING AND COMPLIANCE TRACKING AND ENGAGEMENT AND SUPPORT SERVICES TO INDIVIDUALS PREVIOUSLY TREATED FOR SUBSTANCE USE DISORDER AND DISCHARGED FROM A TREATMENT FACILITY OR CONCERNED WITH MONITORING AND TRACKING USE OF ADDICTIVE SUBSTANCES, SUCH AS LEGAL AND ILLEGAL NARCOTICS. THE SERVICES ARE NOT INTENDED TO TREAT, PREVENT OR DIAGNOSIS SUBSTANCE USE DISORDER OR IMPROPER USE OF LEGAL OR ILLEGAL NARCOTICS AND OTHER SUBSTANCES LINKED TO ADDICTION.
THE SERVICES ARE A TOOL AND ARE NOT DEVELOPED FOR THE PURPOSE OF OR INTENDED TO PREVENT OR IDENTIFY A RELAPSE IN ADDICTION MANAGEMENT COMPLIANCE, AN OVERDOSE OR POTENTIAL OVERDOSE. YOU ARE SOLELY RESPONSIBLE FOR ACTIONS TAKEN OR NOT TAKEN THROUGH USE OF THE SERVICES. NONE OF CLEARMIND, YOUR PROVIDER AND/OR SUPPORT TEAM SHALL BE RESPONSIBLE FOR MONITORING, IDENTIFYING OR PREVENTING YOUR MISUSE OR ABUSE OF SUBSTANCES.
USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, OR IF AT ANY TIME YOU REQUIRE EMERGENCY CARE, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THE CRISIS CONTACT IS NOT A SUBSTITUTE FOR CALLING 911, IS NOT INTENDED TO PROVIDE YOU WITH EMERGENCY SERVICES, AND DOES SUPPORT OR CARRY EMERGENCY OR TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER, AND DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION OR CONTENT ACCESSED THROUGH THE SERVICES.
9. Limitation of Liability.
You acknowledge that you are responsible for any actions you take, as well as any actions taken on your account, while using the Services. You recognize that your use of the Services and any subsequent actions arising from your use of the Services are taken solely at your own risk. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE CLEARMIND, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES AND THE SERVICES. IN NO EVENT WILL CLEARMIND, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APPLICATION OR THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
- End User Indemnification. You will indemnify, defend, and hold harmless Clearmind, our licensors and affiliates, and our and their respective Representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Costs”) arising out of, in connection with, or resulting from: (i) your access to or use of the Services, including but not limited to their information and their content; (ii) any activity related to your accessing the Services, including, without limitation, negligent or wrongful conduct; or (iii) your violation of any of the provisions of this License Agreement or of any law, rule, regulation, or third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
- Scope of Indemnification Obligations. For purposes of clarity, these indemnification obligations apply to your use of the Services, along with your use of the Services’ content, and your use of any information obtained from the Services or any information you provide to the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. App Store Terms
- Additional Terms for Users Who Download The Services through the Apple Store. The following additional terms apply to you, if you download the Services through the Apple Store:
- This License Agreement is applicable between Clearmind and you, but not Apple, Inc. (“Apple”). Clearmind, not Apple, offers the Services to you, and Apple has no responsibility to you for any use of, or information related to, the Services and this License Agreement.
- Apple has no obligation to provide maintenance and support services with respect to the Services, as used on your iPhone or iPod touch Mobile Devices. In the event of any failure of the Services to conform with any applicable warranty, you may notify Apple regarding a refund of your purchase price of the Services; Apple shall have no other obligations with respect to failures of the Services. For reference, review Section 7, above, for our “Disclaimer of Warranties.”
- Should you have any claim, whether your own claim or whether a third-party claim has been filed against you, relating to your possession or use of the Services, Apple shall have no responsibility to you.
- You and Clearmind hereby acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this License Agreement. Upon your acceptance of this License Agreement, Apple, as a third-party beneficiary, will receive (and otherwise shall be deemed to have received) the right to enforce this License Agreement against you. Additionally, you agree to comply with applicable third party terms of agreement when using the Services.
- You represent and warrant that (A) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (B) you are not listed on any United States Government list of prohibited or restricted parties.
- Additional Terms for Users Who Download The Services through Google Play. The following additional terms apply to you, if you download the Services through Google Play:
- This License Agreement is applicable between Clearmind and you, but not Google, Inc. (“Google”). Clearmind, not Google, offers the Services to you, and Google has no responsibility to you for any use of, or information related to, the Services and this License Agreement.
- Google has no obligation to undertake or provide maintenance or support services with respect to the Services. In the event of any defect or performance issue in the Services, the End User should notify Clearmind, not Google. Google shall not be responsible to you for any complaints you have regarding the Services, as used on your Android Mobile Device.
- Export Regulation. The Services may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation (including but not limited to any U.S.-embargoed countries, to anyone on the U.S. Treasury Department’s Specially Designated Nationals List, or the U.S. Department of Commerce Denied Persons List or Entity List). You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the United States.
- Geographic Restrictions. Clearmind is based in the United States. Anyone outside the United States may not be able to access certain features of the Services, and such access may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws. By using the Services, you represent and warrant that you are a lawful End User of the Services.
- U.S. Government Rights. The Services is commercial computer software, as such term is defined in 48 C.F.R. § 2.101. Any End User who is an agency of the U.S. Government, or any contractor therefor, shall receive only those rights with respect to the Services as are granted to all other End Users under this License Agreement, in accordance with (a) 48 C.F.R. §§ 227.7201 – 7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government licensees and their contractors.
- Severability; Waiver. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision shall not constitute a waiver of such right or provision.
- Governing Law. The construction, interpretation and performance of this License Agreement shall be construed in accordance with and governed by the laws of the State of Alabama, and any dispute regarding this License Agreement or arising hereunder shall be resolved in the state or federal courts, as applicable, located in Birmingham, Alabama.
- No Relationship. Nothing in this License Agreement creates or is intended to create any association, employment, agency, trust, partnership, joint venture, or any other entity or similar legal relationship between Clearmind and any End User, and no party hereto is or shall act as or be the agent or representative of the other party.
- Assignment. An End User may not assign, transfer, or delegate any of its obligations under this License Agreement, without the prior written consent of Clearmind. Any attempted assignment, transfer, or other conveyance in violation of the foregoing shall be null and void. Clearmind may assign this Agreement freely and without restriction.
- Notices. Clearmind may give notice by means of a general notice via the Services, electronic mail to your e-mail address on record in Clearmind’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Clearmind’s account information. Such notice will be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Clearmind (such notice will be deemed given when received by Clearmind) at any time by any of the following: e-mail delivered to firstname.lastname@example.org ; or by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to: 312 23rd St N., Birmingham, AL 35203.
- Force Majeure. Clearmind shall not be liable to you for any failure to perform any of its obligations under the License Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, disease, outbreak, pandemic, and/or related government recommendations and/or orders, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.
- Changes to Terms. Note that the License Agreement may be updated from time to time, and any End User’s continued use of the Services after we have made updates to the terms shall be considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check the License Agreement periodically for updates.
- Contact Us. To ask questions or comment about this License Agreement, you may contact us:
By e-mail: email@example.com
By telephone: (888) 242-4120
By regular mail: 312 23rd St. N., Birmingham, AL 35203