Terms of Service

Agreement to our Subscriber Terms of Service

Mindhyv, Inc. ("Company," "We," "Us," "Our") provides a platform for creators, innovators, and owners to collaborate, build, grow, and monetize their business ("Services"). By registering for Mindhyv, You are a Subscriber ("Subscriber," "You," "Your") and agree to and are bound by these Subscriber Terms of Service ("TOS").

Company Information

• Name: Mindhyv, Inc.
• Website: https://mindhyv.com (the "Site")
• Email: [email protected]
• Address: 2020 Fieldstone Pkwy Ste 900-77, Franklin, TN 37069, USA

These TOS constitute a legally binding agreement between You (whether personally or on behalf of an entity) and Us concerning Your access to the Site and use of our Services, including the Site and any related products and services that refer or link to these TOS.

By accessing the Services, You confirm that:

1. You have read, understood, and agree to be bound by all of these TOS;
2. You are at least 18 years old;
3. If You do not agree with all of these TOS, You must discontinue use immediately.

Modifications to These Terms

We may make changes to these TOS from time to time. We will provide You with at least thirty (30) days' prior written notice of any material modifications by email to the address associated with Your account and by posting a notice on the Site. Non-material changes may be posted to the Site without individual notice.

Modified TOS become effective upon the date specified in the notice. By continuing to use the Services after the effective date, You agree to be bound by the modified terms. If You do not agree to the modifications, You must discontinue use of the Services before the effective date.

We recommend that You print a copy of these TOS for Your records.

1. Subscriber registration

(a) Age Verification

To use Our Services, regardless of Subscription level, You will be required to register. To complete Your registration, You will need to confirm Your age by entering Your date of birth. You must be at least 18 years of age to create an account and use the Services.

(b) Account Credentials

You will be required to create a username and password. You agree that You will:

1. Keep Your password confidential;
2. Be responsible for all use of Your account and password;
3. Notify Us immediately of any unauthorized use of Your account or any other security breach.

We reserve the right to remove, reclaim, or change a username You select if We determine, in Our sole discretion, that such username is inappropriate, obscene, infringes on intellectual property rights, impersonates another person or entity, or is otherwise objectionable. We will provide notice of any such change where reasonably practicable.

2. Use of our Services

(a) Subscriber Representations

By using the Services, You represent and warrant that:

1. All registration information You submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update it as necessary;
3. You have the legal capacity and agree to comply with these TOS;
4. You are not a minor in the jurisdiction in which You reside;
5. You will not access the Services through automated or non-human means (bot, script, etc.);
6. You will not use the Services for any illegal or unauthorized purpose;
7. Your use of the Services will not violate any applicable law or regulation.

If You provide any information that is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).

(b) Geographic Restrictions

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject Us to registration or licensing requirements. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws. We make no representation that the Services are appropriate or available for use in all locations.

(c) Regulatory Compliance

The Services are not tailored to comply with industry-specific regulations including, but not limited to:

1. Health Insurance Portability and Accountability Act (HIPAA);
2. Federal Information Security Management Act (FISMA);
3. Gramm-Leach-Bliley Act (GLBA).

If Your interactions would be subject to such laws, You may not use the Services. You represent and warrant that Your use of the Services is not subject to HIPAA, FISMA, GLBA, or similar regulatory requirements.

3. Subscriptions

(a) Subscription Levels

We offer multiple Subscription Levels for You to choose from at Registration. At any time after Registration, You may change Your Subscription Level by logging into Your account and selecting a new level from the Subscription management page, or by contacting support at [email protected].

(b) Automatic Renewal

Your subscription will continue and automatically renew unless canceled. You consent to Our charging Your payment method on a recurring basis without requiring Your prior approval for each recurring charge, until You cancel the applicable order. The billing cycle is monthly. If You have an annual subscription, We will provide notice at least thirty (30) days before each automatic renewal, and You will have the opportunity to cancel before being charged for the renewal period.

(c) Billing

If You are not a free Subscriber, Your Subscription fees, depending upon Your chosen Subscription level, are paid through our regional payment processor. Regardless of Your Subscription level, these TOS shall govern Your use of the Services. For further information about Subscription Levels, please see our Referral TOS and our Marketplace TOS.

(d) Cancellation and Refunds

All purchases are non-refundable except as required by applicable law or as set forth below. You can cancel Your subscription at any time by logging into Your account or by contacting Us at [email protected]. Your cancellation will take effect at the end of the current paid term.

1. Initial Purchase Cooling-Off Period. If You cancel within three (3) business days of Your initial subscription purchase, You will receive a full refund.
2. Refund Requests. Refund requests for billing errors or service issues may be submitted to [email protected] within thirty (30) days of the charge in question. Mindhyv will review all refund requests in good faith and respond within seven (7) business days.
3. Chargebacks and Payment Disputes. If You initiate a chargeback or payment dispute, We reserve the right to suspend Your account pending resolution. Subscribers are encouraged to contact Us at [email protected] to resolve any billing concerns before initiating chargebacks with their financial institution.

(e) Fee Changes

We may, from time to time, make changes to the subscription fee. We will provide You with at least thirty (30) days' prior notice of any price increases to Your Subscription fee. Such notice will be sent to the email address associated with Your account. Price changes will not apply to Your current subscription term and will only take effect upon renewal. You may cancel Your subscription before the renewal date if You do not agree to the price increase.

4. Our intellectual property rights

(a) Our Intellectual Property

We are the owner or licensee of all intellectual property rights in Our Services, including:

1. All source code, databases, functionality, and software (collectively the "Site");
2. Website designs, audio, video, text, photographs, and graphics (collectively, the "Content");
3. Trademarks, service marks, and logos (the "Marks").

Our Site, Content, and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided "AS IS" for Your personal, non-commercial use only.

(b) Your Use of Our Services

Subject to Your compliance with these TOS, including the "PROHIBITED ACTIVITIES" section herein, We grant You a non-exclusive, non-transferable, revocable license to:

1. Access the Services;
2. Download or print any portion of the Content to which You have properly gained access, solely for Your personal, non-commercial use.

(c) Restrictions

Except as expressly set out in these TOS, no part of the Services, Content, or Marks may be:

1. Copied, reproduced, aggregated, republished, uploaded, or posted;
2. Publicly displayed, encoded, translated, transmitted, distributed, sold, or licensed;
3. Otherwise exploited for any commercial purpose whatsoever without Our express prior written permission.

To request permission for any use beyond personal use, contact: [email protected]

(d) Important

Any breach of these Intellectual Property Rights will constitute a material breach of Our TOS and Your right to use Our Services will terminate immediately.

5. Prohibited activities

You may not access or use the Services for any purpose other than that for which We make them available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by Us.

5(a) Prohibited Conduct

As a user of the Services, You agree NOT to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission;
• Trick, defraud, or mislead Us and other users, especially in attempts to learn sensitive account information such as passwords;
• Circumvent, disable, or interfere with security-related features of the Services;
• Make defamatory statements about Us and/or the Services;
• Use any information obtained from the Services to harass, abuse, or harm another person;
• Make improper use of Our support services or submit false reports of abuse or misconduct;
• Use the Services in a manner inconsistent with any applicable laws or regulations;
• Engage in unauthorized framing of or linking to the Services;
• Upload or transmit viruses, Trojan horses, or other material (including excessive use of capital letters and spamming) that interferes with any party's use and enjoyment of the Services;
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering tools;
• Delete copyright or other proprietary rights notices from any Content;
• Attempt to impersonate another user or person or use the username of another user;
• Upload or transmit any material that acts as a passive or active information collection mechanism (spyware, passive collection mechanisms, etc.);
• Interfere with, disrupt, or create an undue burden on the Services or connected networks;
• Harass, annoy, intimidate, or threaten Our employees or agents;
• Attempt to bypass any measures designed to prevent or restrict access to the Services;
• Copy or adapt the Services' software (Flash, PHP, HTML, JavaScript, or other code);
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services (except as permitted by applicable law);
• Use, launch, develop, or distribute any automated system (spider, robot, scraper, offline reader) that accesses the Services, except as may result from standard search engine or browser usage;
• Use a buying agent or purchasing agent to make purchases on the Services;
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses by electronic or other means for sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Use the Services as part of any effort to compete with Us by directly copying or substantially replicating Our core Services functionality;
• Unless Your profile is part of a business and Your profile is part of the sale of all or substantially all of the assets of the business, sell or otherwise transfer Your profile.

5(b) Prohibited Products and Services

You may not offer, sell, distribute, or promote through the Services any of the following:

• Weapons, firearms, ammunition, explosives, or accessories designed to enhance lethality;
• Controlled substances, illegal drugs, or drug paraphernalia;
• Tobacco, vaping products, or nicotine products;
• Alcoholic beverages (unless specifically authorized by Mindhyv in writing);
• Pornographic, sexually explicit, or adult content;
• Stolen goods or goods derived from illegal activity;
• Pyramid schemes, multi-level marketing programs, or Ponzi schemes;
• Counterfeit goods or goods infringing on third-party intellectual property rights;
• Products or services that violate applicable sanctions, export controls, or trade restrictions;
• Any other products or services that Mindhyv determines, in its sole discretion, are harmful, deceptive, or inconsistent with the purpose of the Services.

5(c) Prohibited Content

You may not create, upload, post, distribute, or otherwise make available through the Services any content that:

• Is sexually explicit, pornographic, or depicts sexual acts involving minors;
• Promotes, glorifies, or facilitates terrorism, violent extremism, or organized crime;
• Promotes, encourages, or provides instructions for suicide, self-injury, eating disorders, or other forms of self-harm;
• Contains excessively violent, gory, or disturbing imagery or descriptions;
• Constitutes hate speech, discrimination, or harassment based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;
• Contains unsolicited commercial messages (spam), phishing attempts, or deceptive links, including links with concealed referrer tags or affiliate codes;
• Violates any applicable law, regulation, or the Mindhyv Community Guidelines.

5(d) External Links and Spam Policy

Subscribers shall not distribute unsolicited commercial communications through the Services. External links posted within community features must not contain concealed referrer tags, affiliate tracking codes, or redirect chains designed to obscure the destination URL. Mindhyv reserves the right to remove any link or content that it determines, in its sole discretion, constitutes spam or violates this policy.

6. Your Content

(a) Definition

"Your Content" means any and all content, materials, and information that You create, submit, post, display, transmit, publish, distribute, or broadcast through the Services, including but not limited to:

1. Text, writings, video, audio, photographs, music, graphics;
2. Comments, reviews, ratings, suggestions, ideas, and feedback;
3. Questions, messages, forum posts, blog entries, and other communications;
4. Personal information or other material You choose to make available through the Services.

(b) Ownership

You retain ownership of Your Content. Nothing in these TOS transfers ownership of Your Content to Us.

(c) License Grant

By posting or submitting Your Content, You grant Us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license, for the duration of any applicable intellectual property rights, to use, copy, reproduce, distribute, publish, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and prepare derivative works of Your Content solely for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license does not grant Us the right to sell Your Content to third parties or to commercially exploit Your image, name, or voice for advertising purposes unrelated to the Services. This license is revocable upon deletion of Your account, except as to Content previously shared with or incorporated into content accessible to other users.

(d) Your Responsibilities

By submitting Your Content, You:

1. Confirm that You have read and agree with Our "PROHIBITED ACTIVITIES" section;
2. Will not post any content that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;
3. To the extent permitted by applicable law, waive any and all moral rights to any such Content;
4. Warrant that Your Content is original to You or that You have the necessary rights and licenses to submit it;
5. Warrant that Your Content does not constitute confidential information of any third party.

You are solely responsible for Your Content and expressly agree to indemnify, defend, and hold Us harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to Your breach of this section, any third party's intellectual property rights, or applicable law, subject to the limitations set forth in the "INDEMNIFICATION" section of these TOS.

(e) Content Moderation

Although We have no obligation to monitor Your Content, We have the right to remove or edit any Content at any time without notice if We consider it harmful or in breach of these TOS. We may also suspend or disable Your account and report You to the authorities.

(f) Copyright Infringement

We respect the intellectual property rights of others. If You believe that any material available on or through the Services infringes upon any copyright You own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.

7. Copyright infringements

We respect the intellectual property rights of others. If You believe that any material available on or through the Services infringes upon any copyright You own or control, please immediately notify Us using the contact information provided in the Company Information at the beginning of these Terms. Please reference "Copyright Infringement" for efficient processing.

Upon receipt of notice, We will investigate and take appropriate action, which may include removal of the content during the investigation. We may provide notice to afford an opportunity for a counter notification as is permitted by law. Upon receipt of a valid counter notification, We reserve the right to restore the content unless notified of the initiation of a court action.

If You are submitting a DMCA notice, please ensure that Your notice complies with 17 U.S.C. 512(c)(3) and be aware that knowingly submitting false claims may expose You to liability for costs and damages.

Users with repeated violations of this policy may be suspended or terminated in Our sole discretion.

8. Termination

(a) Your Termination Rights

You may terminate Your subscription at any time and may fully delete Your account. Except as provided in Section 3(d) of this Agreement, any subscription fees You have paid are non-refundable.

(b) Our Termination Rights

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TOS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TOS OR OF ANY APPLICABLE LAW OR REGULATION.

(c) Notice of Termination

Except in cases of material breach, fraud, illegal activity, or where We reasonably determine that immediate action is necessary to protect the integrity of the Services or the safety of users, We will provide You with at least seven (7) days' prior written notice before terminating Your account. Such notice will be sent to the email address associated with Your account and will specify the reason for termination.

(d) Pro-Rata Refunds Upon Termination by Company

If We terminate Your account other than for cause (i.e., breach by You), You shall be entitled to a pro-rata refund of any pre-paid subscription fees for the unexpired portion of Your current subscription term.

(e) Data Export

Upon termination for any reason, You will have a period of thirty (30) days from the effective date of termination to download or export any data or content associated with Your account. After this period, We may delete Your data in accordance with Our Privacy Policy and applicable law.

(f) Effect of Termination

Upon termination, all licenses and rights granted to You under these TOS shall immediately cease. Sections that by their nature should survive termination shall survive as set forth in Section 17(f) (Survival).

9. Disclaimer of warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

1. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
2. WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
3. ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
4. ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES;
5. ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Subscriber dispute resolution

(a) Mandatory Informal Resolution

Before initiating any formal dispute resolution proceeding, the Parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these TOS or the Services (each a "Dispute") through good-faith informal negotiations for a period of not less than sixty (60) days. The informal negotiation period shall commence upon delivery of written notice from the aggrieved Party to the other Party describing the nature of the Dispute and the relief sought.

Notice to the Company shall be sent to: Mindhyv Inc, 2020 Fieldstone Pkwy Ste 900-77, Franklin, TN 37069, United States, or via email to [email protected]. Notice to You shall be sent to the email address associated with Your account. The Parties shall engage in good-faith efforts to resolve the Dispute during this period.

(b) Mediation

If the Parties are unable to resolve a Dispute through informal negotiations within the sixty (60) day period, either Party may initiate mediation:

1. The mediation shall be administered by the American Arbitration Association ("AAA") under its Commercial Mediation Procedures then in effect, or by another mutually agreed-upon mediation service.
2. The mediation shall take place in Franklin, Tennessee, unless the Parties mutually agree to an alternative location or to conduct the mediation virtually.
3. The mediator shall be a neutral third party with experience in technology and digital platform disputes, selected by mutual agreement or, failing agreement, appointed by the AAA.
4. Each Party shall bear its own costs of mediation, and the Parties shall share equally the fees and expenses of the mediator and any administrative fees of the mediation service.
5. The mediation shall be completed within thirty (30) days of the mediator's appointment, unless extended by mutual written agreement.
6. All communications, negotiations, and statements made during the mediation process shall be confidential and shall not be admissible in any subsequent arbitration or judicial proceeding, except as may be required by law.

(c) Binding Arbitration

If the Parties are unable to resolve a Dispute through mediation, the Dispute shall be finally and exclusively resolved by binding arbitration. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

1. Arbitration Opt-Out Procedure. You have the right to opt out of this arbitration agreement by sending written notice of Your decision to opt out to Mindhyv Inc, 2020 Fieldstone Pkwy Ste 900-77, Franklin, TN 37069, within thirty (30) days of first accepting these Terms. Your opt-out notice must include Your full name, mailing address, email address associated with Your account, and a clear statement that You wish to opt out of the arbitration provision.
2. Arbitration Rules and Procedures. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes. A single arbitrator shall be appointed with expertise in technology, digital platforms, or e-commerce. The arbitration shall take place in Franklin, Tennessee. At the Company's sole discretion, and in consideration of User convenience, the arbitration may be conducted in person, by telephone, by video conference, or through the submission of documents.
3. Arbitration Fees. Payment of all filing, administration, and arbitrator fees shall be governed by the applicable AAA rules. Each Party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a Party's claims or defenses were frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing Party.

(d) Class Action and Collective Relief Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator shall not have the authority to consolidate claims of different persons or to preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, and all appeals have been exhausted, then the Parties agree that such particular claim or request for relief shall be severed from the arbitration and may be litigated in court.

(e) Exceptions to Dispute Resolution

Notwithstanding the foregoing, the following Disputes are exempt from the informal negotiation, mediation, and arbitration requirements:

1. Any action seeking injunctive or equitable relief for the protection of intellectual property rights (including copyrights, trademarks, trade names, patents, trade secrets, or moral rights);
2. Any claim related to allegations of theft, piracy, invasion of privacy, or unauthorized use of the Services;
3. Small claims court actions within the jurisdictional limits of such courts, provided the action is brought on an individual (non-class, non-representative) basis and commenced within the appropriate forum set forth in Section 17(e).

(f) Statute of Limitations

Any Dispute must be commenced within one (1) year after the cause of action accrues, or such longer period as required by applicable law. If a Dispute is not commenced within this period, such claim or cause of action shall be permanently barred. This limitation shall apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

(g) Severability of Dispute Provisions

Without limiting any other provisions in this or related Terms regarding severability, if any portion of this Dispute Resolution section is found to be illegal, invalid, or unenforceable, the remainder shall continue in full force and effect.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mindhyv Inc, its subsidiaries, affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, agents, partners, licensors, successors, and assigns (collectively, the "Mindhyv Entities") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) (collectively, "Losses") arising out of, relating to, or in connection with:

1. Your access to or use of the Services, or any activity conducted through Your account, whether or not authorized by You;
2. Your breach or alleged breach of any provision of these TOS, including any representation or warranty contained herein;
3. Your violation of any applicable law, rule, regulation, or the rights of any third party, including intellectual property rights, privacy rights, or publicity rights;
4. Any Content You submit, post, transmit, or make available through the Services;
5. Any dispute between You and any other user of the Services or any third party;
6. Any products, services, or content You offer, sell, or distribute through or in connection with the Services;
7. Any negligent, reckless, or intentionally wrongful act or omission by You in connection with Your use of the Services;
8. Any misrepresentation made by You in connection with these TOS or Your use of the Services.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MINDHYV ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

1. Loss of profits, revenue, business opportunities, or anticipated savings;
2. Loss of data, use, goodwill, or other intangible losses;
3. Business interruption or service unavailability;
4. Cost of procurement of substitute goods or services;
5. Personal injury or property damage of any nature resulting from Your access to or use of the Services;
6. Unauthorized access to or alteration of Your transmissions or data;
7. Statements or conduct of any third party on the Services;
8. Any bugs, viruses, Trojan horses, or similar harmful code transmitted to or through the Services by any third party;
9. Any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content made available through the Services.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Aggregate liability cap

(a) Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TOS, AND EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE MINDHYV ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TOS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

1. The total amount paid by You to the Company during the twelve (12) month period immediately preceding the event giving rise to the claim; or
2. One hundred United States dollars ($100.00).

This limitation of liability shall apply to the fullest extent permitted by law and shall survive the termination or expiration of these TOS. The existence of more than one claim shall not enlarge this limit.

(b) Exceptions

The limitations and exclusions in this Section shall not apply to liability arising from: (i) the Company's gross negligence or willful misconduct; (ii) fraud or fraudulent misrepresentation by the Company; (iii) death or personal injury caused by the Company's negligence; or (iv) any liability that cannot be excluded or limited under applicable law.

(c) Assumption of the Risk

You acknowledge and agree that Your use of the Services is entirely at Your own risk. You are solely responsible for any damage to Your computer system, mobile device, or loss of data resulting from Your use of the Services, downloading of any content from the Services, or interaction with any other user of the Services.

(d) Essential Basis of Agreement

You acknowledge and agree that the Company has offered the Services, set its prices, and entered into these TOS in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and the Company, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and the Company.

14. Youth safety and minor protection

Mindhyv is committed to the safety and protection of minors. All Subscribers must be at least 18 years of age. In addition:

(a) Prohibited Content Involving Minors

You shall not create, upload, post, distribute, store, or otherwise make available through the Services any content depicting or involving minors in a sexual, exploitative, or harmful manner, including but not limited to child sexual abuse material ("CSAM").

(b) Reporting Obligations

If You become aware of any content on the Services that constitutes CSAM, exploitation of minors, or potential harm to a child, You must report it immediately to Us at [email protected]. We will promptly report all such content to the National Center for Missing and Exploited Children ("NCMEC") and cooperate fully with law enforcement authorities as required by applicable law.

(c) Cooperation with Law Enforcement

We will cooperate with law enforcement agencies investigating suspected exploitation or abuse of minors in connection with the Services, including by preserving and providing relevant records and information as required by law.

(d) Immediate Termination

Any violation of this Section shall result in immediate termination of Your account and may result in referral to law enforcement. No notice period shall be required for termination under this Section.

15. Privacy and data protection

(a) Privacy Policy

Your use of the Services is subject to Our Privacy Policy, which is incorporated into these TOS by reference. Our Privacy Policy describes the types of personal data We collect, how We use and share such data, Your rights regarding Your data, and Our data retention practices. The Privacy Policy is available at https://mindhyv.com/privacy.

(b) Data Collection

By using the Services, You acknowledge and consent to Our collection, use, and processing of Your personal data in accordance with Our Privacy Policy, including but not limited to registration information, payment information, usage data, device information, and communications with Us.

(c) GDPR Compliance

If You are located in the European Economic Area ("EEA"), the United Kingdom, or Switzerland, You have certain rights under the General Data Protection Regulation ("GDPR") or equivalent local data protection laws, including the rights of access, rectification, erasure, restriction of processing, data portability, and objection. To exercise these rights, contact Us at [email protected].

(d) CCPA Compliance

If You are a California resident, You have additional rights under the California Consumer Privacy Act ("CCPA"), including the right to know what personal information is collected, the right to request deletion, and the right to opt out of the sale of personal information. We do not sell personal information as defined by the CCPA. To exercise Your rights, contact Us at [email protected].

(e) Cookies and Tracking Technologies

The Services may use cookies, web beacons, and similar tracking technologies. For information about how We use these technologies and how You can manage Your preferences, please refer to Our Cookie Policy, which is available at https://mindhyv.com/cookies.

(f) International Data Transfers

Your personal data may be transferred to, stored in, and processed in the United States or other countries that may have different data protection laws than Your country of residence. By using the Services, You consent to such transfers, subject to the safeguards described in Our Privacy Policy.

16. FTC compliance and earnings disclaimers

(a) Honest Advertising

All Subscribers shall comply with the Federal Trade Commission ("FTC") Act, the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising, and all applicable truth-in-advertising and consumer protection laws. You shall not make any false, misleading, or unsubstantiated claims regarding the Services, any products or services offered through the Services, or the potential income or results achievable through use of the Services.

(b) Earnings Disclaimers

No representation is made by Mindhyv that any Subscriber will achieve any particular level of income, sales, or results through the Services. Any income or results examples provided by Mindhyv are not guarantees of future performance and are intended solely for illustrative purposes. Individual results will vary based on numerous factors, including but not limited to individual effort, market conditions, and business experience.

(c) Affiliate and Referral Disclosures

If You participate in Mindhyv's Referral Program or any affiliate relationship, You are required to clearly and conspicuously disclose such relationship in any promotion, endorsement, or recommendation You make in connection with Mindhyv or the Services, in compliance with FTC guidelines. Failure to provide adequate disclosure may result in suspension or termination of Your account and forfeiture of referral earnings.

(d) Testimonials and Endorsements

Any testimonials, endorsements, or reviews posted by Subscribers must reflect genuine, honest opinions based on actual experience with the Services. Subscribers must not post fabricated reviews or testimonials, and any material connection between the Subscriber and Mindhyv (including but not limited to free access, compensation, or referral incentives) must be disclosed.

17. General terms

(a) Entire Agreement

These TOS, together with the Privacy Policy, Cookie Policy, Referral Commission Addendum, Marketplace Trust and Dispute Resolution Addendum, and any other terms incorporated by reference or Additional Terms, as they may be modified from time to time, constitute the entire Agreement between You and Us and supersede any prior agreements related to Your use of the Services.

(b) Severability

If any term or provision of this Agreement is found to be unenforceable or invalid, it shall not impact the enforceability or validity of the remainder of this Agreement.

(c) Assignment

You may not assign this Agreement or Your use of the Site without Our prior written consent. We may freely assign Our rights without consent or restrictions.

(d) Export Compliance

You agree to comply with any and all United States and international export compliance laws and sanctions when using Our Service. By using this Service You represent and warrant that You are not restricted from using the Service or are not accessing the Service from any sanctioned or embargoed country.

(e) Governing Law and Venue

These TOS and Your use of the Services are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is expressly excluded. Except as expressly provided in the Dispute Resolution section, any case that may be brought against Us must be commenced in the Middle District of Tennessee or Williamson County, Tennessee. By using the Service You irrevocably consent to such jurisdiction and waive any objection to jurisdiction, venue, or forum non conveniens.

(f) Survival

The following provisions shall survive any termination or expiration of these TOS: Section 4 (Our Intellectual Property Rights), Section 5 (Prohibited Activities), Section 6 (Your Content), Section 9 (Disclaimer of Warranties), Section 10 (Subscriber Dispute Resolution), Section 11 (Indemnification), Section 12 (Limitation of Liability), Section 13 (Aggregate Liability Cap), Section 14 (Youth Safety and Minor Protection), Section 15 (Privacy and Data Protection), Section 16 (FTC Compliance and Earnings Disclaimers), and this Section 17 (General Terms).

(g) Support

We are under no obligation to provide support for the Services. Any support that is provided is in Our sole discretion and may be modified or withdrawn at any time.

(h) Force Majeure

Neither Party shall be liable for any failure or delay in performing its obligations under these TOS where such failure or delay results from any cause that is beyond the reasonable control of that Party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, epidemics, pandemics, strikes, power outages, internet or telecommunications failures, or cyberattacks. The affected Party shall give prompt notice to the other Party and shall use commercially reasonable efforts to mitigate the effects of the force majeure event.

(i) Electronic Communications Consent

By using the Services, You consent to receive electronic communications from Us, including but not limited to emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

(j) Third-Party Services

The Services may contain links to, integrate with, or rely on third-party websites, applications, payment processors, and services ("Third-Party Services"). We do not control and are not responsible for the content, availability, privacy practices, or functionality of any Third-Party Services. Your use of any Third-Party Services is at Your own risk and subject to the terms and conditions of those third parties. We disclaim all liability for any loss or damage arising from Your use of or reliance on any Third-Party Services.

(k) Accessibility

We are committed to making the Services accessible to all users. If You experience accessibility barriers or require accommodations, please contact Us at [email protected], and We will make commercially reasonable efforts to address Your concerns.

(l) Waiver

No waiver by the Company of any term or condition set forth in these TOS 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 of the Company to assert a right or provision under these TOS shall not constitute a waiver of such right or provision.

(m) Headings

The headings in these TOS are for convenience only and shall not affect the interpretation or construction of these TOS.

Contact information

If You have questions or concerns about these TOS, please contact Us at:

Mindhyv, Inc.
2020 Fieldstone Pkwy Ste 900-77
Franklin, TN 37069, USA
Email: [email protected]
Website: https://mindhyv.com

This document constitutes the complete Mindhyv Subscriber Terms of Service as of the Last Updated date above.