Last Updated: 25/03/2025
Welcome to MindCircle(“the App,” “we,” “us,” or “our”). By downloading, installing, or using the App, you (“User,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use the App.
1. Acceptance of Terms
1.1. Binding Agreement
These Terms constitute a binding legal agreement between you and MindCircle Pty Ltd, governing your access to and use of the App and any related content, products, or services.
1.2. Modifications
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the updated Terms on the App or through other reasonable means. Your continued use of the App after such modifications indicates your acceptance of the new Terms.
2. Eligibility
2.1. Age Requirement
You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the App. If you are under this age, you must obtain consent from a parent or legal guardian.
2.2. Authority
By agreeing to these Terms, you represent and warrant that you have the legal capacity to form a binding contract with us.
3. Health Disclaimer
3.1. Not Medical Advice
The App provides mindfulness, meditation, breathing exercises, and sleep support programs for informational and educational purposes only. It does not constitute medical, psychiatric, or other professional healthcare advice, diagnosis, or treatment.
3.2. Consult a Professional
Always seek the advice of a qualified healthcare provider regarding any medical or mental health conditions. If you experience adverse symptoms during or after using our programs, stop using the App and consult a medical professional.
4. Account Registration
4.1. Account Creation
Some features require creating an account by providing personal information, such as your name, email address, and setting a password. You agree to provide accurate, current, and complete information.
4.2. Security of Account
You are responsible for safeguarding your account credentials and for any activities or actions under your account. Notify us immediately of any unauthorized use of your account.
5. Subscription and Billing
5.1. Freemium Model
Certain basic features of the App are available free of charge. Additional premium features and content may require a paid subscription (“Subscription”).
5.2. Payment Processing
All payments for subscriptions or in-app purchases are processed by the respective app store (Apple App Store or Google Play Store). By making a purchase, you agree to the terms and conditions of the applicable store.
5.3. Subscription Renewal
Unless otherwise stated, subscriptions automatically renew at the end of each billing cycle. You can manage or cancel your subscription at any time through your app store account settings.
5.4. Refunds
Refunds will be subject to the policies of the applicable app store. We do not process refunds directly.
6. Social Impact Programs
6.1. Milestone Contributions
The App allows you to contribute to social causes (e.g., reforestation, education, hunger relief) by achieving certain usage milestones. We partner with third-party organizations (“Partners”) to fulfill some of these contributions.
6.2. Not a Charitable Organization
MindCircle is not a registered charitable organization. We facilitate contributions to Partner organizations.
6.3. Transparency of Contributions
We aim to provide transparent tracking of the social impact made through user milestones but cannot guarantee real-time updates at all times.
7. Intellectual Property Rights
7.1. Ownership
All content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, is owned or licensed by MindCircle Pty Ltd and is protected by applicable intellectual property laws.
7.2. License to Use
We grant you a non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.
7.3. Restrictions
You may not copy, reproduce, distribute, publicly display, or create derivative works from any part of the App without our explicit written permission.
8. User Conduct
8.1. Lawful Use
You agree to use the App only for lawful purposes and in accordance with these Terms.
8.2. Prohibited Activities
You shall not:
- Use the App in any way that could damage or disable it.
- Attempt to gain unauthorized access to the App or its related systems or networks.
- Transmit any viruses or malicious code.
- Use the App to infringe upon the rights of others.
9. Third-Party Services and Links
9.1. Third-Party Links
The App may contain links to third-party websites or services for convenience. We do not endorse and are not responsible for the content, privacy policies, or practices of any third-party websites or services.
9.2. Third-Party Integrations
Some features may integrate with third-party platforms (e.g., NGO tracking dashboards). Your use of these integrations is subject to the respective third party’s terms and conditions.
10. Disclaimer of Warranties
10.1. As-Is
The App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied.
10.2. No Guarantee
We do not warrant that the App will be uninterrupted, secure, or free of errors, or that any defects will be corrected.
11. Limitation of Liability
11.1. Indirect Damages
In no event shall MindCircle Pty Ltd, its affiliates, or its licensors be liable for any indirect, incidental, consequential, or punitive damages arising out of your use or inability to use the App.
11.2. Maximum Liability
Our maximum aggregate liability to you for any claims relating to the App shall not exceed the amount you paid for the services during the twelve (12) months preceding the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless MindCircle Pty Ltd, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney’s fees) resulting from your use of the App or violation of these Terms.
13. Termination
We reserve the right to suspend or terminate your account or access to the App at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to the App or other users.
14. Governing Law and Dispute Resolution
14.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.
14.2. Arbitration
Any dispute arising out of or in connection with these Terms shall be settled by binding arbitration in Australia unless otherwise required by applicable law. The decision of the arbitrator shall be final and binding.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Contact Us
If you have any questions regarding these Terms, please contact us at:
- Email: admin@mindcircle.io
