Terms and Conditions | Mind Switch

Terms and Conditions

Welcome to Mind Switch! We are part of Mind Switch AG which includes Mind Switch®, a registered trademark. Mind Switch provides an effective tool to reduce stress, anxiety, and phobia as well as self-improvement services (altogether, the “Services”) accessible via our mobile device application (“App”).

Please take a few minutes to review these Terms and Conditions (the “Terms”). These Terms apply to your access and use of our App. Your use of our App constitutes your agreement to follow these Terms and to be bound by them.

1. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the App is subject to our Privacy Policy.

2. These Terms and Conditions May Change

Mind Switch AG reserves the right to update or modify these Terms at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms. By continuing to use the App, you are agreeing to the revised Terms. For this reason, we encourage you to review these Terms whenever you use our App.

3. Eligibility

You must be at least 13 years old to use our App. To make a purchase via the App (described in the Section titled “Paid Functionalities and Fees” below) you must be 18 years or older and capable of forming a binding contract. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf, and you may only access and use our App with permission from your parent or legal guardian.

4. Necessity of a Profile

If you want to use certain features of the App you will have to create a Profile (“Profile”). You can do this via the App or through your account with certain third-party social media platforms (each, an “SMP Profile”). If you choose the SMP Profile option we will create your Profile by extracting from your SMP Account certain personal information such as your name and email address and other personal information that your privacy settings on the SMP Account permit us to access. You agree to fill out your profile with accurate and complete information and to keep it updated with such. If you fail to do so, we might have to suspend or terminate your Profile.

5. Using the App

The app allows the user to select from a variety of options to create customized stress, anxiety or phobia relief and self-improvement sessions. To use some enhanced functionality of the App, you can also select the paid functionalities of the App as described in further detail under the Section titled “Paid Functionalities” below.

a. Acceptable Use

Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the App, you may not:

violate any applicable law or regulation;
disclose your Profile password to anyone. You agree that you will notify us immediately of any unauthorized use of your Profile. You’re responsible for all activities that occur under your Profile, regardless of your knowledge about them;
violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
post or share anything that is fraudulent, false, misleading or deceptive;
use, display, mirror or frame the Services, or any individual element within the Services, Mind Switch’s name, any Mind Switch trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mind Switch’s express written consent;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the App;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the App;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the App;
attempt to probe, scan, or test the vulnerability of any Mind Switch system or network or breach any security or authentication measures;
use, display, mirror or frame the Services, or any individual element within the Services, Mind Switch’s name, any Mind Switch trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mind Switch’s express written consent;
use any meta tags or other hidden text or metadata utilizing a Mind Switch trademark, logo URL or product name without Mind Switch’s express written consent;
use the Services on the App for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission or
advocate, encourage, or assist any third party in doing any of the foregoing.

Although not being obligated to do so, Mind Switch may monitor your access or use of the App and content (“Content”) to ensure that you are following the aforesaid Usage Rules. We reserve the right, but have no obligation, to remove or disable access to any Content at any time without notice, including, without limitation, if we believe, in our sole discretion, that any Content is objectionable or in violation of these Terms.

b. Paid Functionalities and Fees

Mind Switch offers certain enhanced features of the App which you can purchase as a monthly or yearly subscription (each, a “Subscription”). A description of features associated with the Subscriptions is available via the App. When you purchase a Subscription, we may ask you to supply additional information relevant to your transaction (“Transaction”), such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the App will be presented to you before you place your order. If you choose to initiate a Transaction via the App, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Mind Switch may charge your credit card or third party payment processing account, including, but not limited to, your account with the applicable distribution platform (like the Apple Appstore or the Google Play Store) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You will receive a confirmation email after we confirm the payment for your order. Your order is not binding on Mind Switch until accepted and confirmed by Mind Switch. All payments made are non-refundable and non-transferable except as expressly provided in these Terms or the applicable terms and conditions of the App Provider used.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Mind Switch.

Mind Switch reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Mind Switch deems appropriate in its sole discretion. Mind Switch also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Mind Switch will either not charge you or refund the charges for orders that we do not process or cancel.

6. Renewal and cancellation of Subscriptions

All amounts for monthly or yearly subscriptions, are payable and charged at the beginning of the Subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. You can cancel the renewal of your subscription at any time by contacting Mind Switch orthe App Provider you purchased the Subscription with. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the services ordered until the end of your current Subscription period.

7. Changes to Price Terms

Mind Switch reserves the right to change the pricing terms for subscriptions at any time, and Mind Switch will notify you in advance of the effective date of such changes. Changes to the Pricing Terms will not apply retroactively and will only apply to Subscription renewals after you have been notified of the revised Pricing Terms. If you do not agree with Mind Switch's changes to the Pricing Terms, you may not renew your Subscription in accordance with the section "Renewal and Cancellation of Subscriptions".

8. Future Functionality

You agree that your purchases are not contingent upon the delivery of any future features or functionality or upon any oral or written public statements by Mind Switch regarding future features or functionality.

9. MEDICAL DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE SERVICES PROVIDED THROUGH THE APP AND ANY OTHER INFORMATION YOU RECEIVE FROM MIND SWITCH ARE NOT INTENDED, DESIGNED OR IMPLIED TO DIAGNOSE, PREVENT OR TREAT ANY CONDITION OR DISEASE, TO DETERMINE THE STATE OF YOUR HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. Mind Switch is not a health care or medical device provider, nor should our Services be considered medical advice. Only your physician or other health care provider can do that. Mind Switch AG makes no claims, representations or guarantees that the Services provide a therapeutic benefit.

Any health information and links on the App, whether provided by Mind Switch AG or by contract from outside providers, is provided simply for your convenience.

Any advice or other materials in the App are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the App.

People with existing mental health conditions should speak with their health care providers before using the Mind Switch App.

Not all activities described in the App are appropriate for everyone. Do not use the App while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the App.

10. Refund Policy

The App is available via the Apple App Store and the Google Play store. Please note that if you purchase a subscription through one of the aforesaid App stores, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s or Google’s applicable payment policy, which also may not provide for refunds.

11. Content and Content Rights

For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the App; and (ii) “User Content” means any Content that users (including you) provide to be made available through the App. Content includes without limitation User Content.

a. Content Ownership

Mind Switch does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Mind Switch and its licensors exclusively own all right, title and interest in and to the App and Content, including all associated intellectual property rights. You acknowledge that the App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Content.

b. Rights in User Content

When you upload, submit, send, or receive User Content to or through the App you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the App), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the App, to develop new products and services, and for other Mind Switch marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Mind Switch AG or the App. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the App.

You promise that:

you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the App for any reason.

c. Rights in Content Granted by Mind Switch

Subject to your compliance with these Terms, Mind Switch grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the App and solely for your personal and non-commercial use.

12. Rights and Terms for the Mind Switch App

Subject to your compliance with these Terms, Mind Switch grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install one copy of the App on a mobile device or computer owned or controlled by you and to run such copy of the App solely for your personal, non-commercial use. Mind Switch reserves all rights in the App not expressly granted to you under these Terms. You may not copy the App unless you make a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, loan, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App available to multiple users in any manner.

13. Links to external Websites or Resources

Links to third-party websites or resources included in the App are provided only as a convenience and we do not take responsibility for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

14. Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

These Terms are concluded between you and Mind Switch, and not with App Provider, and that, as between Mind Switch and the App Provider, Mind Switch, is solely responsible for the App.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider may will refund the purchase price for the App to you (if applicable/ depending on the applicable conditions of the app store) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Mind Switch.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Mind Switch will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

15. Termination

You agree that Mind Switch AG has the right on its sole discretion to terminate your access to and use of the App at any time and without notice to you. You may cancel your Profile at any time by cancelling your Subscription with the App Provider directly. You agree that we will not refund your subscription fee for your current subscription period. Upon any termination, discontinuation or cancellation of the App Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

16. Warranty and Liability Disclaimer

THE APP AND ALL CONTENT AVAILABLE ON IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE APP, AS APPLICABLE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT MIND SWITCH AG AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE APP.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIND SWITCH AG AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE APP, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE APP.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIND SWITCH AG AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP BY ANY THIRD PARTY; OR (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE APP.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MIND SWITCH AG OR ITS AFFILIATES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERY THE APP AND ITS CONTENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP AND ITS CONTENT) ARISING OUT OF OR RELATING TO THE APP, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

In no event will Mind Switch’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Mind Switch for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to Mind Switch, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Mind Switch and you.

17. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Mind Switch AG and its Affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal and accounting costs) of any kind or nature, arising from or relating to, (i) your access to or use of the App or Content or (ii) any actual or alleged breach of these Terms by you or anyone using your Profile. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

18. General Terms

These Terms constitute the entire and exclusive understanding and agreement between Mind Switch and you regarding the use of the App and the displayed Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mind Switch and you regarding the use of the App and the displayed Content. If any provision of these Terms is held invalid or unenforceable that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Mind Switch under these Terms, including those regarding modifications to these Terms, will be given: (i) by Mind Switch via email; or (ii) by posting to the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Mind Switch’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

19. Feedback and Questions

If you have questions relating to these terms or want to submit feedback you can contact us via E-Mail at info@mindswitch.ch. By submitting feedback in form of comments and suggestions for improvements to our App, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Last Updated: 10/2022