Welcome to Mindbeat. These Terms and Conditions ("Terms") set out the rules for using our website, apps and services (together, the "Service"). By creating an account, subscribing or otherwise using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. About these terms

These Terms form a legal agreement between you and Mindbeat. Please read them carefully and keep a copy for your records. Where you use the Service on behalf of a company or team, you confirm that you are authorised to accept these Terms for that organisation, and "you" then means that organisation.

2. Who we are

The Service is operated by Mindbeat and its parent company ("Mindbeat", "we", "us", "our"). You can contact us via our contact us page.

3. Your account

To use most features you need an account. You agree to give accurate information, to keep your login details private, and to be responsible for everything that happens under your account. Tell us as soon as possible if you think someone else has accessed your account. You must be old enough to form a binding contract in your country to use the Service.

4. Plans, billing and seats

Some parts of the Service are free and others require a paid plan. Paid plans renew automatically at the end of each billing period (monthly or yearly) until you cancel. Prices are shown before you buy. Team and company plans are billed per seat, and you can add seats at any time, which may change the amount you are charged at the next renewal. Payments are handled by our payment providers, and by subscribing you authorise us and them to charge your chosen payment method for each renewal.

5. Free trials, coupons and comped plans

We may offer free trials, discount coupons or complimentary access. Unless stated otherwise, when a free trial or a discounted period ends, your plan continues at the normal price and your payment method is charged automatically. You can cancel before the trial or discount ends to avoid being charged. We may change or withdraw any offer at any time.

6. Refunds and cancellations

You can cancel a subscription at any time from your account settings. When you cancel, your plan stays active until the end of the period you have already paid for, and it will not renew after that.

Except where the law gives you a right to a refund that cannot be waived, payments are non refundable. We do not provide refunds for partial periods, for time you did not use the Service, for a change of mind after a renewal, or for downgrading during a billing period. Where a statutory right of withdrawal or cooling off period applies to you, that right still stands and nothing in these Terms removes it. If you believe you have been charged in error, contact us and we will look into it.

7. Health, wellbeing and safe use

Mindbeat is designed for relaxation, focus and general wellbeing. It is not a medical device and does not provide medical advice, diagnosis or treatment. Nothing in the Service is a substitute for advice from a qualified health professional.

Some features include breathing exercises. Breathing techniques are not suitable for everyone. If you have any medical condition, are pregnant, or have any concern about whether an exercise is right for you, speak to a doctor or qualified health professional before you begin. Never continue a breathing exercise if you feel unwell, short of breath, faint or uncomfortable. Stop straight away, breathe normally, and seek medical advice if you need it. Do not use breathing exercises while driving, operating machinery, in or near water, or in any other situation where a lapse in attention could be dangerous.

Some features involve motion, immersive visuals or other sensory content. If you ever feel dizzy, lightheaded, nauseous, disoriented or unwell while using any feature, stop using it immediately and rest until you feel better. If you are prone to dizziness, motion sickness, seizures, or any similar condition, we recommend that you do not use those features and instead choose a plan that does not include them, or simply avoid them. You use all features at your own discretion and are responsible for deciding what is safe and comfortable for you.

8. Acceptable use

You agree to use the Service lawfully and not to misuse it. In particular you must not copy, resell or redistribute the Service or its content except as allowed, attempt to break, overload or gain unauthorised access to our systems, upload harmful or unlawful material, or use the Service in any way that infringes the rights of others.

9. Our content and yours

The Service, including its sounds, software, design, text and branding, is owned by Mindbeat or our licensors and is protected by intellectual property laws. We grant you a personal, non exclusive, non transferable right to use the Service for your own use, or for your team where you hold a team plan, for as long as your account is in good standing. Anything you create with the Service, such as saved mixes or notes, remains yours, and you grant us the limited permission we need to store and show it back to you as part of running the Service.

10. Third party services

We rely on trusted third parties for parts of the Service, such as payment processing, sign in and email delivery. Your use of those services may also be governed by their own terms, and we are not responsible for third party services that we do not control.

11. Availability and changes

We work hard to keep the Service running, but we do not promise that it will always be available, uninterrupted or free of errors. We may add, change, suspend or remove features at any time. From time to time we may need to carry out maintenance that makes the Service temporarily unavailable.

12. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of satisfactory quality, fitness for a particular purpose, or non infringement. We do not warrant that the Service will meet your requirements or produce any particular result, including any health, relaxation or productivity outcome.

13. Assumption of risk and limitation of liability

You use the Service voluntarily and at your own risk, and you accept responsibility for how you choose to use it. To the maximum extent permitted by law, you agree that you will not bring any legal claim or action against Mindbeat, or our owners, staff or partners, for any harm, injury, loss or damage arising from or connected with your use of the Service, including any use of breathing exercises, immersive or motion features, or any content within the Service.

To the maximum extent permitted by law, Mindbeat will not be liable for any indirect, incidental, special or consequential loss, or for any loss of profits, data or goodwill, arising from your use of the Service. Where liability cannot be excluded by law, our total liability to you is limited to the amount you paid us for the Service in the twelve months before the event giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for fraud, or any other liability that applicable law does not allow to be waived.

14. Indemnity

You agree to cover us for reasonable losses, costs and claims that result from your breach of these Terms or your misuse of the Service, to the extent permitted by law.

15. Suspension and termination

You can close your account at any time. We may suspend or end your access to the Service if you break these Terms, if we are required to by law, or if we stop offering the Service. When your account ends, the rights we granted you stop, though the sections that by their nature should continue, such as those on liability, will remain in force.

16. Changes to these terms

We may update these Terms from time to time. When we make a significant change we will take reasonable steps to let you know, for example by posting the updated Terms here with a new date. By continuing to use the Service after a change takes effect, you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of Malta, and the courts of Malta will have jurisdiction, unless mandatory law in your country of residence says otherwise. If any part of these Terms is found to be unenforceable, the rest will continue to apply.

18. Contact

If you have any questions about these Terms, please contact us through our contact us page.