Terms of service

TERMS OF SERVICE

Your use of www.mindlycalm.com, including any sub-domains, affiliated websites, and mobile applications (collectively, the “Site”), which are owned and operated by Apollo Lite LLC dba Mindly Calm (“Mindly Calm,” “we,” “our,” or “us”), is subject to the policies, terms, and conditions outlined below. Please take the time to read these terms carefully. By accessing or using the Site, as well as utilizing the information, tools, products, and services offered through it, you agree to comply with all terms, conditions, policies, and notices detailed here. If you do not fully agree to these terms and conditions, you are not permitted to use the Site in any way.

PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY. BY ACCESSING, BROWSING, OR USING THE MINDLY CALM WEBSITE AVAILABLE AT WWW.MINDLYCALM.COM OR ANY WEBSITE WITH LINKS TO THIS AGREEMENT (THE “WEBSITE”) IN ANY WAY OR CLICKING AN “I ACCEPT” OR SIMILAR BUTTON, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH APOLLO LITE LLC dba MINDLY CALM, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS ON BEHALF OF YOURSELF OR THE COMPANY YOU WORK FOR, AND TO BIND THAT COMPANY TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  

You must not transmit any worms or viruses or any code of a destructive nature.  

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.  

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.  

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice. We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Sale and Promotional Pricing: Items marked as on sale or offered at promotional prices may be subject to specific terms and conditions, which may include limited-time availability, restrictions for new or existing customers only, or quantity limitations. We reserve the right to modify or terminate any sale or promotional pricing at our discretion without prior notice. Sale items may also be withdrawn from promotional pricing if the inventory becomes unavailable or due to other unforeseen circumstances.

Limited-Time Offers: Certain discounts or promotional pricing may be extended beyond their original expiration date; however, we retain the right to limit the availability of these offers based on factors such as customer eligibility or purchase history.

No Guarantee of Price Consistency: Prices offered on our site may differ from prices for the same product elsewhere, and we do not guarantee price matching or price adjustments, including for past purchases.

Final Sales and Pricing Errors: Any product marked as a final sale cannot be returned or exchanged, and promotional pricing does not apply retroactively to prior purchases. Additionally, we reserve the right to correct any pricing errors that may occur, and in such cases, we may cancel orders affected by incorrect pricing and offer a refund.

 

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.  

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.  

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.  

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.  

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  For more detail, please review our Returns Policy on the website.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.  

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.  

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.  

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy in full, see the link on the bottom of website.

 

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You are strictly prohibited from submitting or posting content that:

1. Defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes upon the rights of others.

2. Contains unauthorized copyrighted materials or other content that infringes on intellectual property rights, trade secrets, or privacy of others.

3. Encourages illegal activities, criminal conduct, or actions that could lead to civil liability or otherwise violates applicable laws or regulations.

4. Includes vulgar, obscene, profane, or objectionable language or images that would generally be considered inappropriate in a professional or social setting.

5. Impersonates another individual or entity, whether real or fictional, including employees or representatives of Mindly Calm.

6. Misrepresents your association with any entity and/or Mindly Calm.

7. Constitutes junk mail, spam, or unauthorized promotional content.

8. Is irrelevant or “off-topic” in a designated forum or discussion area.

9. Contains inaccuracies or is non-compliant with these Terms.

10. Includes personal or identifying information of others without their consent.

Your interactions with other users of the Services and in the Forums, whether online or offline, are solely your responsibility. Likewise, you are solely responsible for the content you submit or distribute through our Services or Forums and the consequences of doing so. It is recommended that you treat information from others with caution, and you acknowledge that any use of such information is at your own risk.

Mindly Calm does not take responsibility or liability for user conduct or the content of any user-generated posts. We do not endorse the opinions, advice, or recommendations expressed by users, and we disclaim all liability in connection with them. Although we reserve the right to monitor or become involved in disputes between users, we are not obligated to do so. We advise you to use common sense and sound judgment when interacting with others, especially when sharing personal information or participating in any online activity.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.  

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.  

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  

In no case shall Apollo Lite LLC dba Mindly Calm, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Apollo Lite LLC dba Mindly Calm, as well as our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim, demand, liability, or loss, including but not limited to reasonable attorneys’ fees, court costs, and other expenses, made by any third party due to or arising out of:

1. Your use of our products or services.

2. Your breach of these Terms of Service or any incorporated documents.

3. Your gross negligence, willful misconduct, or violation of any applicable law or third-party rights.

 

This indemnification includes, but is not limited to, claims related to:

• Intellectual property violations, including unauthorized use of proprietary content, trademarks, or copyrighted material.

• Property damages, whether to personal or commercial property, including damages to your home or business premises.

• Injuries or damages to you including medical expenses, medical costs, or emotional damages.

• Personal injury, death, or damages arising from improper use, negligence, or failure to follow instructions for product use.

• Consequential damages, such as loss of profits, business interruption, loss of reputation, or any third-party claims.

• Indirect, incidental, special, or punitive damages related to customer actions or omissions concerning the products or services.

If a claim is made, you agree to fully cooperate in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree not to settle any such matter without our prior written consent.

This indemnification obligation will survive the termination or expiration of these Terms of Service, regardless of whether the claims arise during or after the term of the agreement.

This version includes the broader protections and clauses from your second draft, including specific types of damages (property, intellectual, emotional, etc.), and ensures flexibility to cover various scenarios, such as negligence or misuse. It also retains the “survive termination” clause and emphasizes the responsibility to cooperate during legal matters.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

If necessary, the unenforceable provision will be replaced with a valid provision that most closely reflects the original intent and purpose of the agreement, and the agreement shall be interpreted to maintain its original meaning to the fullest extent possible.

This severability clause applies only within the jurisdiction where the provision is deemed invalid, and does not invalidate the provision in any other jurisdictions where it may be enforceable.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.  

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - DISPUTE RESOLUTION

A. Arbitration Agreement: All claims and disputes arising under or relating to these Terms shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. This agreement to arbitrate is intended to be broadly interpreted. Arbitration shall be conducted in Arizona unless otherwise agreed upon by both parties.

B. Waiver of Right to Sue: By agreeing to arbitration, you understand that, to the maximum extent permitted by law, you are agreeing to waive your right to file suit in any court, to a court hearing, judge trial, and jury trial. Arbitration will serve as the exclusive remedy for all disputes covered by these terms.

C. Waiver of Class Actions: The parties agree that any arbitration shall be limited to the dispute between the individual parties and shall not involve any form of class arbitration or any claims brought as a class representative or member in any purported class or representative proceeding.

D. Waiver of Jury Trial: You and Apollo Lite LLC dba Mindly Calm waive the right to a jury trial for any dispute arising out of or related to these Terms of Service.

E. Small Claims Court: Notwithstanding the foregoing, either party may bring an individual action in small claims court.

F. Emergency Equitable Relief: Either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration.

G. Confidentiality of Arbitration: Except as may be required by law, no party or arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.

H. Filing Costs: You acknowledge that Apollo Lite LLC dba Mindly Calm will not be responsible for any filing costs for arbitration initiated by you. The costs of arbitration will be allocated as determined by the AAA’s rules and the arbitrator.

I. One-Year Deadline for Claims: Any claim or dispute must be submitted to arbitration within one year after the claim or dispute arises. Failure to do so will result in the claim being permanently barred, and no arbitration or other legal action may be taken. This provision does not alter any applicable statutes of limitations under the law.

SECTION 18 - ASSIGNMENT

You may not assign any of your rights or delegate any of your obligations under these Terms of Service without prior written consent from Apollo Lite LLC dba Mindly Calm. We reserve the right to assign these Terms without restriction.

SECTION 19 - FORCE MAJEURE

Mindly Calm shall not be held liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, labor shortages, or shortages of transportation facilities, fuel, energy, labor, or materials.

In addition to these events, this clause also covers modern-day unforeseen circumstances such as:

• Pandemics/Epidemics: Including, but not limited to, government-mandated lockdowns, quarantines, or travel restrictions related to public health emergencies.

• Government Actions/Regulations: New laws, regulations, trade restrictions, or closures imposed by any government authority that impede the company’s ability to fulfill its obligations.

• Cyberattacks and Technological Failures: Including denial of service attacks, data breaches, hacking incidents, or any other malicious cyber activities that impair the functioning of Mindly Calm’s systems or online services.

• Supply Chain Disruptions: Unanticipated delays or failures by suppliers, shipping companies, or logistics providers due to circumstances beyond the company’s control.

• Natural Disasters and Environmental Emergencies: Such as earthquakes, hurricanes, wildfires, or any other environmental event causing physical damage or loss of access to business facilities.

During the occurrence of any such events, Mindly Calm will make reasonable efforts to notify its customers of the disruption and seek alternative methods to fulfill its obligations. However, Mindly Calm shall not be held liable for any damages, penalties, or performance failures caused directly or indirectly by these events.

 

SECTION 20 - MARKETING AND CONTENT

By submitting content, including but not limited to photographs, videos, testimonials, reviews, or any other materials (collectively, “Submissions”) to Mindly Calm, you grant Mindly Calm, its affiliates, agents, and representatives a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, transferable, and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, display, perform, and transmit such Submissions, in whole or in part, for any marketing, advertising, and promotional purposes.

This includes, but is not limited to, the right to use your Submissions on our website, email campaigns, and across social media platforms such as Facebook, Instagram, Twitter, YouTube, TikTok, and others, as well as the right to promote your content through paid social media advertising. Mindly Calm may also use your Submissions in targeted ads and sponsored content across digital platforms.

 

By submitting your content, you agree that Mindly Calm may:

• Edit or modify your content for clarity, length, or to fit marketing goals.

• Use your content in social media advertisements, including but not limited to boosted posts, sponsored ads, and paid promotions.

• Share your content with third-party partners, affiliates, influencers, or other marketing collaborators.

You represent that you own the rights to the content and that the use of your content as described above does not infringe on the intellectual property rights of any third party.

You further acknowledge that no financial compensation will be provided for the use of your Submissions, and you are providing them on a voluntary basis. By submitting, you confirm that you are at least 18 years of age and have the authority to grant these rights.

 

SECTION 21 - HEALTH DISCLAIMER

Mindly Calm’s products are intended to support general well-being and are not designed to diagnose, treat, cure, or prevent any disease. The information provided on our website and accompanying materials should not replace professional or medical advice.

We make no guarantees regarding the effectiveness of our products, as individual results may vary based on several factors, including health conditions and usage consistency. Always consult a qualified healthcare provider before beginning any treatment. 

Apollo Lite, LLC does not guarantee specific results for individuals who use the Mindly Calm products due to many factors that can influence health. Individual results will vary.

If you have the following conditions, please consult with your physician before using the unit.

In the process of the preparation of this page, we sought to make the content correct and complete. However, there is no guarantee that there are no errors or omissions in the page. We reserve the right to change specifications of the products mentioned in this page at any time without prior declaration. No part of this page shall be reproduced, transmitted, transcribed or stored in a searchable system or translated into any other languages without the written authorization of our company. The company is not responsible for the loss caused by non-standard or wrong operation.

THIS UNIT IS NOT A MEDICAL DEVICE

THE PRODUCTS ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE.

Please seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Mindly Calm does not recommend or endorse any specific physicians, procedures, products (including our Products), opinions or other information that may be included on the Site; the same are only for informational purposes. Reliance on any information appearing on the Site, whether provided by Mindly Calm, its content providers, the visitors to the Site or others, is solely at your own risk.

Product model, shape, design and color may vary

SECTION 22 - COPYRIGHT POLICY

Mindly Calm respects the intellectual property rights of others and expects users of our website and services to do the same. We have adopted a policy for removing infringing materials and terminating users who repeatedly infringe on copyrights.

If you believe a user is infringing on your copyright, submit a written notification (under 17 U.S.C. § 512(c)) with the following:

• Your physical or electronic signature

• Identification of the copyrighted work

• Identification of the infringing material

• Your contact information

• A statement of good faith belief

• A statement of accuracy and authority to act

For any copyright-related inquiries:

Email: support@mindlycalm.com

 

SECTION 23 - TERMS OF USE / DISCLAIMER

Use as Directed: Mindly Calm products should always be used in accordance with the provided instructions to help ensure safe and effective results. Misuse or failure to follow these guidelines may result in diminished performance or potential safety risks. Common sense caution is advised, especially in situations requiring extra care.

For products with specific usage requirements (e.g., electrical or mechanical devices), adherence to timing, frequency, and environmental conditions as outlined in the instructions is essential. Improper use in unsuitable conditions may lead to product malfunction or safety hazards.

Consult a healthcare professional before using products with known health conditions, sensitivities, or other concerns.

Mindly Calm is not responsible for any damages, injuries, or adverse outcomes resulting from improper use, failure to follow instructions, or unauthorized modifications. By using Mindly Calm products, you acknowledge and accept these terms and conditions, and agree to use products responsibly and in line with all provided instructions.

No guarantee of safety is made for misuse, improper handling, or unauthorized alterations of the product.

Consultation Recommended: We advise consulting with a healthcare professional before use, particularly if you have any medical conditions or concerns. Mindly Calm products are not a replacement for professional or Medical advice, and you should always seek expert guidance if you show any signs of distress or illness.

Not a Medical Device: Our products are not designed to diagnose, treat, or cure any disease and are not a substitute for professional medical care. Customers should not use Mindly Calm products as a replacement for prescribed treatments or for any medical interventions.

Potential Side Effects: Although generally safe when used as directed, some users may experience mild discomfort or adverse reactions, such as dizziness, headache, or skin sensitivity. Discontinue use immediately and consult a healthcare provider if any negative reactions occur.

Liability Disclaimer: The manufacturer and distributor are not responsible for damages, injuries, or adverse reactions caused by improper use, failure to follow product instructions, unauthorized modifications, or negligence in handling the product. This includes but is not limited to personal injuries, emotional damages, or damages to personal property, such as damage to homes, fitness equipment, or other premises.

Adverse Reactions: If any negative reactions occur, discontinue use immediately and consult with a healthcare professional. Mindly Calm products should only be resumed if cleared by a medical professional.

Effectiveness Disclaimer: Results may vary based on the individual’s health condition, consistency of use, and adherence to the provided guidelines. Factors such as diet, sleep quality, stress levels, and lifestyle choices can significantly influence outcomes. The product’s effectiveness relies on correct and regular use, as well as supportive habits like a balanced diet, regular physical activity, and maintaining a healthy lifestyle.

No Warranty for Continuous Use: Mindly Calm cannot warrant the continuous availability or uninterrupted use of its products and services. Performance may be affected by various factors, including proper handling of the product and the environment in which it is used. Mindly Calm makes no guarantee of uninterrupted access or usage and disclaims liability for interruptions due to factors beyond its control.

Acknowledgment: By using these products, you acknowledge and accept these terms. You also agree that the product is being used at your sole risk and that Mindly Calm assumes no responsibility for improper usage, failure to follow guidelines, or any resulting damages.

 

SECTION 24 - WARRANTY AND LIMITATION OF LIABILITY

ALL MINDLY CALM PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES ABOUT THE PERFORMANCE OR SUITABILITY OF OUR PRODUCTS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT WILL MINDLY CALM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE (INCLUDING DAMAGE TO HOMES OR BUSINESS PREMISES), OR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES, INJURY, OR LOSS ARISING FROM YOUR USE OF OUR PRODUCTS OR WEBSITE SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID FOR THE PRODUCT. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT.

THE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING OUT OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY. STATUTORY RIGHTS THAT MAY APPLY ARE NOT AFFECTED BY THIS LIMITATION. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE UNENFORCEABLE, THE REMAINING PROVISIONS SHALL STILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

SECTION 25 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles. Any dispute arising out of or related to these Terms shall be exclusively resolved in the state or federal courts located in Arizona. By using Mindly Calm’s services, you agree to submit to the personal jurisdiction and venue of these courts.

 

SECTION 26 - NO WAIVER

No waiver by Mindly Calm of any term or condition outlined in these Terms shall be considered a continuing waiver of that or any other term. Any failure by Mindly Calm to assert its rights or enforce a provision under these Terms does not constitute a waiver of that right or provision. All terms remain in full effect unless explicitly waived in writing by Mindly Calm.

 

SECTION 27 - TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

Any content you submit or post to the Site, including but not limited to photographs, testimonials, ideas, reviews, or comments (“Submissions”), will be treated as non-confidential and nonproprietary. Mindly Calm reserves the right to use, copy, distribute, display, publish, and create derivative works from such Submissions in any form or medium. You warrant that you have the right to provide these Submissions. Mindly Calm may edit for grammar and length, and reserves the right to decide whether to publish any Submissions.

 

SECTION 28 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Mindly Calm (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@mindlycalm.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act);
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Phoenix, Arizona before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Mindly Calm’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

 

CONTACT US

If you have any questions regarding these Terms of Service, please contact us at support@mindlycalm.com.

 

Last Updated: March 2024