Terms and Conditions
Last updated November 8, 2021
These are the terms and conditions of our subscription platform. By using our subscription platform, you are agreeing to these Terms and Conditions (hereinafter “Terms and Conditions” or simply “Terms”). If you do not agree with these Terms and Conditions, we recommend that you do not use our Products and Services, whether free or paid.
To view the terms and conditions for products and services not included in the subscription platform, visit this link.
Privacy Policy
Please refer to our Privacy Policy to learn more about how we collect and use our users’ information. By using our Products and Services, you agree that our Privacy Policy is part of our Terms and Conditions.
1. General Information
1.1 Mindful Science Products
These Terms and Conditions contain the terms and conditions under which we supply free and paid content, products, or services that appear on mindfulscience.es and mindfulscience.com (“Website”), our smartphone applications, or through other means of providing you with information (the website and the content, products, services, and applications are collectively referred to in this document as “Product,” “Products,” “Service,” or “Services”). Please read these Terms and Conditions carefully before ordering any Product from the Website or from third-party app stores (for example, the Apple App Store, the Android Play Store, Amazon, Google Play, etc.). The terms “Mindful Science” or “We” refer to Mindful Science. The term “Device” refers to the device you use to access the products, including computers, smartphones, and tablets. The term “You” refers to the user of the products. When you place an order, “Purchase” any Product, or complete a free registration for any of our Products, you agree that you will be bound by these Terms and all applicable laws, rules, and regulations. By using the Products, you indicate that you accept these Terms and that you agree to comply with them. If you do not agree with these terms, please refrain from using the Products. Our contact email address is [email protected]. Please use this email address to resolve any questions about these Terms.
1.2 Arbitration Notice
These Terms contain an arbitration clause. Except for certain types of disputes mentioned in the arbitration clause, you agree with Us that any dispute relating to these Terms or the use of the Products will be resolved by mandatory and binding arbitration, and you and We waive the right to participate in a lawsuit.
1.3 Basis of License
(A) These Terms and the Purchase set out the entire agreement between you and Us for the supply of the Products. In order to participate in certain Products, you may need to accept additional terms and conditions; such additional terms are incorporated into these Terms.
(B) Please check the details of these Terms before purchasing the Products. If you think there are errors or you disagree, please be sure to let us know in writing.
(C) By using the Products, you consent to our processing and storage of your data.
1.4 Changes to the Terms and Conditions
Mindful Science reserves the right to change or update these Terms, or any of our other policies or practices, at any time, and will notify users by posting such modified or updated Terms on this page. Changes and updates will take effect immediately after they are posted on mindfulscience.es and mindfulscience.com. Under certain circumstances, we may also choose to notify you of changes or updates to our Terms through additional means, such as pop-ups or notifications within the products or by sending an email.
2. Memberships and Subscriptions
2.1 Sign-Up Process
(A) You may register as a registered user free of charge (a “Member”). To become a member, you must go to the relevant section of the Products and then provide the information we request, such as your email address, your name, or the creation of a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device.
(B) In the course of your use of the Products, you may be asked to provide us with certain personalized information (such information will be referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social media profiles. Our data collection and use policies regarding the privacy of user information are set out in this Website’s Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information, and you agree to keep it up to date.
(C) By placing an order through the Products, you warrant that: (I) You are legally capable of entering into a binding agreement; (II) All information submitted for your registration is true and accurate; (III) You will maintain the accuracy of such information; and (IV) Your use of the Products does not violate any applicable law or regulation.
2.2 Once a Member
You are responsible for maintaining the confidentiality of your account, user information, and password, and for restricting access to your device to help protect such information. You are responsible for updating your User Information.
2.3 Use of Mindful Science by Minors
You must be 18 years of age, or the age of majority in your province, territory, or country, to sign up as a registered user of the Products. Persons under the age of 18, or the applicable age of majority, may use the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and subject to these Terms.
2.4 Members
As a Mindful Science member, you will have access to certain sections, features, and functions of the Products that are not available to non-members. By agreeing to become a member, you opt in to occasionally receive offers, promotions, and communication emails based on our Product. You can unsubscribe from Mindful Science emails by following the opt-out instructions in those emails. Mindful Science memberships and subscriptions are non-transferable and therefore may not be sold, exchanged, or transferred in any way.
2.5 Subscriptions
(A) Holders of free Mindful Science accounts receive access to our free content. (II) Paid subscription: this is a model based on a subscription fee, which gives access to all included content beyond the free content for the period of time the subscriber selects. You can become a subscriber by purchasing a subscription to the Products on the Website.
(B) We offer a monthly, an annual, and a lifetime subscription. For purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
(C) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription remains active, you acknowledge and agree that Mindful Science is authorized to charge the same credit card that was used to pay the initial subscription fee, or another payment method as set out in section 2.6 (h) (the “Payment Method”), the amount of the then-current monthly subscription fee. Monthly subscription fees will continue to be billed automatically until canceled, as this is a recurring payment. You must cancel your subscription before it renews each month in order to avoid being billed the following month’s subscription fee or, if this manual cancellation option is temporarily disabled for technical reasons, you may contact us to request this cancellation. Refunds cannot be claimed once any partial period of the following month has elapsed, however short.
(D) Our “Annual” subscription will be paid in advance in a single payment with automatic annual renewals. You acknowledge and agree that Mindful Science is authorized to charge the payment method used for the annual subscription fee. You must cancel your subscription before it renews in order to avoid being billed for the subscription. Refunds cannot be claimed if more than 3 days have passed since the renewal date. If your annual subscription renews automatically and you request a refund before 3 days have passed since the renewal date, Mindful Science will issue you a partial refund from which the refund fees will be deducted (an amount that may vary depending on the fees that apply at the time you request the refund)
(E) You may cancel the automatic renewal of your subscription at any time manually from your account or by sending an email to [email protected] so that we can do it for you.
(F) You agree to promptly notify Mindful Science of any change in the payment method for your subscription. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions you have purchased.
(G) In the course of your use of the Products, your third-party payment service provider may update the credit card information from the issuer of that card in order to prevent your subscription from being interrupted by an outdated or invalid card.
(H) Our obligation is to provide the Products only once we have received your order and you have confirmed your purchase to us by email. We will send you an email confirming your order and your access to the purchased subscription. If payment is not received by us through the payment method you have provided, you agree to pay all amounts due. The user agrees that they are not permitted to resell products purchased through Mindful Science for commercial purposes.
2.6 Offers and Promotions
(A) Promotions that apply automatically when you subscribe are subject to their own conditions.
(B) Any promotional code or offer provided by us may not be used in combination with any other promotional code or offer, past or present.
(C) Launch offers are available only to new users of the products, except where expressly stated otherwise. Previous users or trial users of the products do not qualify as new users. For example, the first-month discount applies only to new customers; former customers who have already enjoyed a discounted first month at Mindful Science do not receive this offer again, as our system identifies that they have already benefited from the promotion.
(D) In some countries, these automatically applied offers may change. For example, in some countries we may offer a first month for 1 euro, but this type of offer does not apply to Colombia, since its laws do not allow electronic transactions for an amount of less than 500 Colombian pesos.
2.7 Coupons and Discount Codes
(A) If you have a discount coupon, you must enter and apply it in the corresponding field on the payment page. Our system will show you in real time whether the discount coupon has been applied by changing the rate you must pay.
(B) You are responsible for making sure your discount coupon is correctly applied before you subscribe. If you proceed to subscribe without having applied the coupon correctly, you will not be able to claim a partial or full refund of the amount paid.
2.9 Consumer Communities
There is growing interest from large consumer communities (companies, universities, hospitals, etc.) (“Communities”) in introducing our Products to their employees and members. In some cases, these communities may supplement these Terms with their own terms and conditions. In that case, those community terms and conditions will also apply to your use of the Products. In the event of any conflict between the additional terms and these Terms, these Terms will prevail.
2.9 Changes to Rights, Fees, and Charges
We may, at any time and from time to time, in our sole discretion, change the fees and charges in relation to any of the Products. We will notify you at least 30 calendar days before making such a change. If you do not agree with the change, you may cancel your membership or subscription from your account or, if this manual cancellation option is temporarily disabled for technical reasons, you may send us an email at [email protected]
3. Cancellation of Services
3.1 Cancellation by You
You may cancel a monthly and/or annual subscription at any time. Cancellation takes effect at the end of the applicable monthly period. Please make such cancellation from your account or, if this manual cancellation option is temporarily disabled for technical reasons, you may send us an email at [email protected]
3.2 Cancellation by Mindful Science
We may suspend or discontinue your use of the products as a result of fraud or breach of any obligation under these terms. Such termination or suspension may be immediate and without prior notice. A breach of these terms includes, without limitation, unauthorized copying or downloading of our audio or video content from the products.
3.3 Money-Back Guarantee
(A) This option is available only for annual or lifetime subscriptions. The monthly subscription does not include this guarantee.
(B) To request a refund, the following essential requirements must be met: 1. Having completed the 6-Week Online Mindfulness Course in a period of no less than 6 weeks and no more than 8 weeks; 2. Having initiated email communication with one of our professional facilitators or having requested this type of personalized follow-up; 3. Having followed the recommendations of the assigned facilitator.
4. Prohibited Use of the Products
4.1 You agree not to share, email, or otherwise send, transmit, or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, damage, harm, destroy, or limit the functionality of any software, hardware, or equipment directly or indirectly linked to the products or the products themselves. The user agrees not to interfere with the servers or networks underlying or connected to the products, or to violate any of the procedures, policies, or regulations of networks connected to the products. The user may not access the products in an unauthorized manner.
4.2 You agree not to impersonate any other person while using the products, behave in an offensive manner while using the Products, or use the products for any illegal, immoral, or harmful purpose. 4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any violation to the relevant law enforcement authorities and may cooperate with those authorities by disclosing your identity to them. In the event of a breach, your right to use the Products will cease immediately.
5. Materials Offered Through the Products
5.1 Copyright
(A) All materials (including software and content, whether downloaded or not) contained in the products are the property of Mindful Science (or its affiliates and/or licensors, as applicable), unless otherwise indicated. You agree and acknowledge that the materials are valuable property and that, other than any specific and limited license to use such materials, you will not acquire any ownership rights in or to such materials. The materials may not be used except as provided in these Terms and Conditions.
(B) Mindful Science audio or video content that is not explicitly indicated as downloadable may not be downloaded or copied from the Products or any device.
(C) The products are not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in the termination of privileges. No part of the materials used in or on the products may be used for commercial purposes without obtaining a written license from us to do so. Material from the products may not be copied, distributed, republished, or transmitted in any form without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the products and may subject you to legal liability. You agree not to use the Products for unlawful purposes (including, without limitation, unlawful, harassing, defamatory, invasive of another’s privacy, abusive, obscene, and/or threatening purposes), and you agree that you will comply with all laws, rules, and regulations relating to the use of the products. Appropriate legal action may be taken for any illegal or unauthorized use of the products.
(D) A limited amount of content may be marked and authorized for the user to share on their personal social networks (Facebook, Twitter, etc.).
5.2 Trademarks
Mindful Science, the Mindful Science logo, and the other Mindful Science product or service marks are trademarks belonging to Mindful Science. All intellectual property, other trademarks, logos, images, and product and company names referred to are the property of their respective owners. Nothing grants you any license or right to use, alter, remove, or copy such material. Misuse of the trademarks displayed on the products is strictly prohibited.
6. Use and Availability of the Products
6.1 To enjoy Mindful Science on your smartphone or other device, it must meet certain system requirements. An internet connection is also required to sign in and access the content.
6.2 Although our goal is to offer the best possible service, no promise is made that the products will meet your needs. If a fault occurs in the products, please report it to [email protected] and we will review your complaint and, if we determine it is appropriate to do so, correct the fault. If necessary, we may suspend access to the products while we fix the fault. We will not be liable if the products are unavailable for a commercially reasonable period of time.
6.3 Your access to the products may from time to time be restricted to allow for repairs, maintenance, or the introduction of new updates. We will restore the Products as soon as reasonably possible.
7. Disclaimer
The information provided on this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard medical advice because of something you have read on this website, and never substitute information on this website for professional medical advice.
Mindful Science is an online content provider in the field of personal wellness. We are not a health care or medical device provider, and our Products should not be considered medical advice. Only your doctor or other health care professional can do that.
While research shows that meditation and contemplative practices, as well as other mind-body exercises, can help in the prevention and recovery process for a wide range of health, performance, and relationship issues, Mindful Science does not claim, represent, or guarantee that the Products provide a therapeutic benefit.
The advice and other materials we make available to you are intended to support the relationship between you and your health care providers, not to replace it. We are not responsible for the consequences of your decisions and actions regarding the use of our Products.
Isolated and uncommon cases have been reported in which people with certain conditions, such as anxiety and depression, have experienced a worsening of their conditions in conjunction with intensive mindfulness practice. People with mental health conditions should consult their health care providers before beginning a meditation practice or any mind-body exercise.
If, after using our Products, the user experiences medical conditions such as nervousness, restlessness, anxiety, or panic attacks, Mindful Science is not responsible for these conditions, and the user agrees not to make claims or take legal action of any kind against Mindful Science.
8. User License
You agree that you will not, and will not permit or assist any third party to: (A) copy, store, reproduce, transmit, modify, alter, reverse engineer, emulate, decompile, or disassemble the products in any way, or create derivative works of the Products; (B) use the Products or any part of them to create any software product or tool that can be used to create software applications of any kind; (C) rent, lease, lend, make available to the public, sell, or distribute the products in whole or in part; (D) tamper with the Products or circumvent any technology used by Mindful Science or its licensees to protect any content accessible through the Products; (E) circumvent the territorial restrictions applied to the products; or (F) use the products in a manner that violates this License Agreement or the other terms. The products made available to you (in whole or in part) are the property of Mindful Science or its licensees, and their use must be in accordance with these terms.
9. Interpretation
In these terms, unless the context requires otherwise: 1) any phrase introduced by the words “including,” “include,” “in particular,” “for example,” or any similar expression will be construed as merely illustrative and will not be construed as limiting the generality of the preceding words; and 2) references to the singular include the plural, and the masculine includes the feminine, and in each case vice versa.
11. Our Liability
We will make reasonable efforts to remedy faults in the Products. If we are unable to comply with these Terms, we will be liable to you only for the purchase price of the Products in question. In addition, we will not be liable for: (I) the malfunction of equipment during the registration process or while subscribing or during the transmission of data, and/or the incorrect or excessively slow transmission of data by the Internet provider, and/or any damage that occurs because submitted information is not received by us as a result of technical failures in our software or hardware (whether or not they are within or outside our control). (II) Any loss or damage caused by viruses or other malicious software that may infect your device, equipment, software, or data. (III) Any use of websites linked to the products but operated by third parties.
These Terms and Conditions became effective and were last updated on November 17, 2019.
Contact Information
If you have any questions about these Terms or the Services or Products, please contact Mindful Science at [email protected].