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Terms & Conditions of Use
Applicable as of 12 AM (US EST) on January 1, 2023
- The visitor, and/or reader, and/or user, and/or subscriber, and/or customer, and/or member, hereinafter referred to as “YOU,” or “YOUR,” understand and agree to the following.
- MIND Technologies Inc., is hereinafter referred to as “COMPANY.”
- COMPANY provides products and services including the App called HAPPILY.
- YOU further understand and agree to these statements, and also all statements included in this Terms and Conditions document.
- YOU have sufficient cognitive and physical ability to state that YOU are of age 18 or more, as of the date of start of use of the services provided by COMPANY;
- YOU have read and agree to the Privacy Policy statement of COMPANY and its products and services, including the HAPPILY App.
- YOU want to simply read, see, hear and/or also use the information provided by COMPANY for helping YOUR own mind and/or brain and/or body, and YOU are doing so entirely voluntarily of YOUR own accord, without regard to any advertising, or any influencing by COMPANY or third parties, to read, or use the services provided by COMPANY;
- YOU take full responsibility for YOUR emotions, thoughts and actions. YOU are willing to try alternative ways of strengthening YOUR mind. YOU are willing to adopt mind-strengthening solutions as readily as for physical fitness, but based on YOUR own will. For YOU, there is no stigma for anyone strengthening the mind or improving emotional health;
- YOU are not aware of, nor have been informed by family or friends that you have mental illness, nor are being treated for mental illness, by a psychiatrist, psychologist, neurologist, or physician, or any certified practitioner who is qualified to treat mental diseases;
- YOU are not aware of, nor have been informed by family or friends, or a psychiatrist, psychologist, neurologist, or physician, or any certified practitioner, that YOU have a physical condition, or are undergoing treatment for a physical condition that can worsen by using the services of the COMPANY;
- YOU understand that COMPANY’s products or services are not intended for those who have serious mental illnesses, or those who want or need instant relief of symptoms;
- If YOU are aware of, or have been informed by family or friends that you have mental illness, or are being treated for mental illness, by a psychiatrist, psychologist, neurologist, or physician, or any certified practitioner who is qualified to treat mental diseases, then you cannot use the COMPANY’s products or services, without consent or approval of, or without guidance of a psychiatrist, psychologist, neurologist, or physician, or any certified practitioner who is qualified to treat mental diseases.
- YOU are aware that in case of emergencies YOU can call the mental-health helpline: (800) 950-NAMI, or text NAMI to 74141.
- COMPANY is incorporated in the Commonwealth of Massachusetts, and is in the business or service of publishing general health or other information, including analysis, tools, data, output of models, ratings, and publicly available information to the public or other organizations. COMPANY does not provide or publish any customized information customized for any customer. All COMPANY information is intended for educational, entertainment and general informational purposes, and COMPANY does not claim or guarantee any usefulness of the information or tools provided for improving the mental health of any individual.
- COMPANY’s products and services do not claim successful outcomes, and do not necessarily follow established cognitive behavioral, or mental illness treatment practices. They are NOT a REPLACEMENT for certified psychological, psychiatric, neurological, or any other government approved medical treatment.
- COMPANY or its management or employees are not currently practicing psychiatrists, psychologists, neurologists or certified medical practitioners. COMPANY or its management or employees are not registered as patient advisors in the professions of psychology, psychiatry, neurology or other mental illness or disease related fields, unless otherwise explicitly identified and stated.
- Use of COMPANY’s products and services is entirely voluntary.
- This document constitutes COMPANY’s Terms and Conditions of use for COMPANY’s website, website contents, information, services, products, including COMPANY’s websites of https://My-Happy-Mind.com, and https://chat.My-Happy-Mind.com, and including its other currrent and future websites and apps.
- This document, website, website contents, information, services and products contained herein are the property of COMPANY, and are protected by copyright and intellectual property laws. HAPPILY, HAPPILY and Art of Happiness, are among the trade or service marks belonging to COMPANY. All rights are reserved. All other trade or service marks, if any referred to in the information provided by COMPANY are acknowledged as belonging to thirds parties.
- This document, website, website contents, information, services and products are not intended to be advice, recommendations, directions, or suggestions, nor are they indented for YOUR past, current or future decisions, actions or inactions.
- COMPANY makes no warranties of any kind, whether explicit or implied, about the meaning, usefulness, applicability, completeness, correctness, timeliness, accuracy, or accessibility of the website, website contents, information, services and products contained therein.
- COMPANY does not warranty that its website, website contents, information, services, products, website servers, or technology, are free of computer viruses and other harmful effects.
- COMPANY bears no responsibility for servicing or replacement of equipment, lost productivity, downtime, costs or damages, incurred during the use of COMPANY website, website contents, information, services, products, website servers, or technology.
- COMPANY and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third-parties’ rights, and the warranty of fitness for particular purpose.
- COMPANY or its management or employees shall not be liable for any punitive, incidental, special, consequential, indirect or exemplary damages, including but not limited to damages for loss of profits, goodwill, other tangible or intangible losses, mental or physical pain, loss of life, or suffering caused by the use of the contents, or reliance on the contents of this document or of COMPANY’s website, website contents, information, services, or products in any manner.
- YOU understand that COMPANY provides or publishes information uniformly from time to time, and does not provide any customized information that is specific only to YOU.
- YOU are at YOUR own risk in using this information to draw any future or current conclusions or arrive at any decisions, actions or inactions.
- YOU agree to indemnify and hold COMPANY, its management and employees harmless from any claim or demand, including attorneys’ fees or other costs. YOU agree not to start, or enter into any manner of litigation against COMPANY.
- YOU may not reproduce, reverse engineer, retransmit, disseminate, sell, publish or broadcast COMPANY website contents, information, services and products; nor shall YOU use this information in connection with commercial purposes, including creating, promoting, trading, or marketing products without the express written consent of COMPANY.
- YOU are entitled to use the contents for YOUR private, non-commercial use only.
- If in case YOU are an advisor or practicing professional dealing with the fields of psychology, psychiatry, neurology, executive emotional or mental health services, or brain sciences or treatment practices, YOU will need prior written permission of COMPANY to use COMPANY provided information, services or products, and will abide by the Terms & Conditions stated in this document, and in such cases, If YOU use the information, services or products provided by COMPANY, without prior written permission from COMPANY, YOU will be held liable to compensate COMPANY for all damages, without further recourse.
- If YOU violate, or cause to violate any of the Terms and Conditions, or agreement clauses, YOU will be held liable to COMPANY for all financial and other damages to, or incurred by COMPANY.
- If YOU falsely state information or provide information that is false, then YOU will be held liable to COMPANY for all financial and other damages to, or incurred by COMPANY.
- COMPANY does not automatically collect or store information of identification of users such as name, email address, or phone number. COMPANY web servers do, however, collect information automatically to record the IP addresses of visitors, device IDs, the date and time of access, the pages visited, whether or not the pages were successfully retrieved from our server, and various other status codes. This is done so that COMPANY can better understand how its online environment is being used and accessed.
- COMPANY does not require, nor collect any credit card numbers, social security numbers, bank account numbers, birth dates, financial records, or other such information, to register, SIGN UP for, subscribe to, or use COMPANY provided or published information.
- COMPANY does not share, sell, or transfer personal information to third parties, other than those directly involved in providing a service or fulfilling a request on behalf of COMPANY, or unless COMPANY is required to do so by law.
- In the event YOU purchase a current or future product or service online through COMPANY or linked websites, for reasons of security, YOUR credit card or other financial information is processed by an authorized third-party payment gateway in a secure environment. COMPANY does not store YOUR credit card or any financial information on its web servers. COMPANY retains only the order information that is necessary for its records, to fulfill a request for a product, a service, or for information regarding an order. COMPANY does not share this information with third parties, other than its employees and contractors engaged in the fulfillment of service.
- This website may contain links to third party websites. These links are provided solely as a convenience for YOU. COMPANY is not responsible for the content or functionality of linked third-party websites, and does not make any representation regarding the content, usefulness, functionality, or accuracy of materials on such third-party websites. If YOU decide to access a linked third-party website, YOU do so at YOUR own risk.
- When YOU send information through an electronic mail (email) message, or any other input form, or post a comment to a blog on any digital or hard copy platform, or any other method provided by COMPANY, YOU do so at YOUR own risk.
- A “cookie” is a file placed on YOUR computer by a website that allows it to store information about YOUR visit, which can be retrieved at a later time, sometimes without YOUR knowledge. COMPANY, its websites, and websites linked by COMPANY may use cookies, now or in the future. YOU can set YOUR web browser to warn YOU when placement of a cookie is requested, so that YOU can decide whether or not to accept it. If YOU completely disable cookies on YOUR web browser, some features of websites may not work properly.
- If any fees are charged, COMPANY cannot refund amounts paid by YOU. However, you many cancel or discontinue future service anytime.
- This Terms and Conditions document may occasionally be updated. Notice of revision will be posted here by identifying the date of latest revision, at the top of the page.
- Any disputes shall be resolved in the jurisdiction of the Commonwealth of Massachusetts.
- COMPANY has the sole right to appoint an arbitrator of its choice, in case of any arbitration proceedings.
- If YOU have questions or comments about this document, please email COMPANY, or send a registered, signature-required letter to COMPANY’s registered address.