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U'NEEKMIND TERMS OF SERVICE

Last Updated: January 2025 • Version: 1.0

⚠️ CRITICAL NOTICE

AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and U'Neekmind LLC ("Company", "we", "our", or "us") regarding your use of the U'Neekmind mobile application (the "App") and all related services.

BY DOWNLOADING, INSTALLING, OR USING THIS APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS APP.

1. ELIGIBILITY AND AGE RESTRICTIONS

1.1 Age Requirement

You MUST be at least 18 years of age to use this App. By using the App, you represent and warrant that you are 18 years of age or older. We do not knowingly collect information from or direct any of our content specifically to anyone under the age of 18.

1.2 Legal Capacity

You represent that you have the legal capacity to enter into this binding agreement and that you are not prohibited by law from accessing or using the App.

1.3 Geographic Limitations

The App is intended for use only within the United States. By using the App, you represent that you are located in the United States. We make no claims that the App or any of its content is accessible, appropriate, or legal outside of the United States.

2. MENTAL WELLNESS FORECAST DISCLAIMER

THE APP PROVIDES MENTAL WELLNESS FORECASTS, BEHAVIORAL PREDICTIONS, AND MOOD PATTERN ANALYSIS. THESE FORECASTS ARE ALGORITHMIC PREDICTIONS BASED ON YOUR INPUT DATA AND ARE NOT BASED ON MEDICAL SCIENCE, CLINICAL RESEARCH, OR PROFESSIONAL PSYCHOLOGICAL ASSESSMENT.

2.1 No Medical Advice

THE APP AND ITS FORECASTS DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The App is designed as a wellness tool for self-reflection and pattern awareness. It is NOT a substitute for professional medical or mental health services.

2.2 Forecast Accuracy

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY FORECASTS. Forecasts may be completely incorrect, misleading, or inapplicable to your situation. You acknowledge that algorithmic predictions about human behavior and emotions are inherently uncertain.

2.3 Not for Clinical Use

The App is NOT designed, intended, or FDA-approved for clinical use, diagnosis, treatment, cure, or prevention of any medical or mental health condition. Do not use the App for medical emergencies or in crisis situations.

2.4 Consult Professionals

Always seek the advice of your physician, psychiatrist, psychologist, or other qualified health provider with any questions you may have regarding a medical or mental health condition. Never disregard professional medical advice or delay seeking it because of information provided by this App.

3. EMERGENCY PROTOCOLS

IF YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY OR CRISIS:

• Call 911 immediately
• Call or text 988 (Suicide & Crisis Lifeline)
• Call 1-800-273-8255 (National Suicide Prevention Lifeline)
• Go to your nearest emergency room

DO NOT USE THIS APP FOR EMERGENCY SITUATIONS

3.1 Not an Emergency Service

The App is NOT an emergency service. We do not provide crisis intervention, suicide prevention services, or emergency mental health support. Do not rely on the App in any emergency situation.

3.2 No Real-Time Monitoring

We do not monitor the App in real-time. We cannot and will not respond to crisis situations, emergency requests, or urgent communications through the App.

4. ASSUMPTION OF RISK

4.1 Voluntary Use

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS APP IS ENTIRELY VOLUNTARY AND AT YOUR OWN RISK. You understand that the App provides entertainment, self-reflection tools, and pattern analysis, but these do not constitute professional advice.

4.2 Independent Decision-Making

You are solely responsible for your own health, wellness, and life decisions. You agree not to rely on the App's forecasts, insights, or recommendations when making important decisions affecting your health, safety, relationships, career, or finances.

4.3 Potential Risks

You acknowledge that use of wellness apps may carry risks, including but not limited to:
• Emotional distress from self-reflection or pattern recognition
• Reliance on inaccurate or misleading algorithmic predictions
• False sense of security or understanding of mental health
• Delayed or avoided professional mental health treatment
• Misinterpretation of data or insights

5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, U'NEEKMIND LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF THE APP.

5.2 No Liability for Forecasts

WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY HARM, INJURY, DISTRESS, OR DAMAGES ARISING FROM:
• Reliance on forecasts or predictions
• Decisions made based on App insights
• Inaccurate, incomplete, or misleading information
• Technical failures or data loss
• Delayed or failed notifications

5.3 "AS IS" Service

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless U'Neekmind LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your reliance on App forecasts or recommendations
• Any decisions you make based on App information

7. MANDATORY ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

7.1 Agreement to Arbitrate

You and U'Neekmind LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights.

7.2 Class Action Waiver

YOU AND U'NEEKMIND LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

7.3 Arbitration Rules

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in Rochester, New York, or another mutually agreed location, or via telephone/video conference.

7.4 Costs of Arbitration

Each party will bear its own costs and attorneys' fees in arbitration, unless the arbitrator awards costs or fees to the prevailing party.

7.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to U'Neekmind LLC within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

8. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding (other than arbitration) shall be brought exclusively in the state or federal courts located in Monroe County, New York.

9. SUBSCRIPTION TERMS AND NO REFUND POLICY

9.1 Subscription Plans

The App offers the following monthly subscription plans:
• Premium: $2.99/month
• Pro: $9.99/month
• Elite: $14.99/month

Subscriptions are processed through Apple App Store or Google Play Store and are subject to their respective terms and conditions.

9.2 Auto-Renewal

Your subscription will automatically renew each month unless you cancel before the renewal date. You can cancel through your device's app store settings.

9.3 NO REFUND POLICY

ALL SUBSCRIPTION FEES ARE FINAL AND NON-REFUNDABLE. We do not provide refunds or credits for:
• Partial subscription periods
• Unused subscription time if you cancel
• Dissatisfaction with the App or its forecasts
• Technical issues on your device
• Changes in pricing

BY PURCHASING A SUBSCRIPTION, YOU EXPRESSLY AGREE TO THIS NO-REFUND POLICY.

9.4 Price Changes

We reserve the right to change subscription prices at any time. Price changes will take effect at the start of your next subscription period. Continued use after a price change constitutes acceptance of the new price.

9.5 Free Trial

If we offer a free trial period, it will automatically convert to a paid subscription unless you cancel before the trial ends. You will be charged the full subscription price.

10. TERMINATION AND ACCOUNT SUSPENSION

10.1 Our Right to Terminate

We reserve the right to suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:
• Violation of these Terms
• Fraudulent or illegal activity
• Abusive behavior
• Non-payment
• Extended periods of inactivity

10.2 Your Right to Terminate

You may terminate your account at any time by deleting the App from your device and canceling your subscription through your app store. Note that deleting the App does NOT cancel your subscription.

10.3 Effect of Termination

Upon termination:
• Your right to access the App immediately ceases
• You remain liable for any outstanding fees
• No refunds will be provided
• Your data may be deleted from our servers
• All provisions that should survive termination shall survive

11. INTELLECTUAL PROPERTY

The App and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by U'Neekmind LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You may not:

• Modify, copy, or create derivative works
• Reverse engineer, decompile, or disassemble the App
• Remove any copyright or proprietary notices
• Use the App for commercial purposes without our written permission
• Attempt to gain unauthorized access to any systems or networks

12. USER DATA AND PRIVACY

Your use of the App is also governed by our Privacy Policy. By using the App, you consent to our collection and use of your data as described in the Privacy Policy.

You retain ownership of the content you create (journal entries, mood logs, etc.). However, you grant us a limited license to store, process, and analyze this data to provide App services and generate insights.

13. THIRD-PARTY SERVICES

The App may integrate with or contain links to third-party services (payment processors, app stores, analytics providers, etc.). We are not responsible for:

• The content, privacy policies, or practices of third-party services
• Any damages or losses caused by third-party services
• The availability or functionality of third-party services

Your use of third-party services is at your own risk and subject to their respective terms.

14. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Sending an in-app notification or email

Your continued use of the App after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App and cancel your subscription.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and U'Neekmind LLC regarding the App.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

16. STATE-SPECIFIC PROVISIONS

16.1 California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the App, please contact us at support@uneekmind.com. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

16.2 New York Residents

For New York residents, the arbitration agreement in Section 7 is subject to New York law regarding mandatory arbitration clauses.

17. EXPLICIT CONSENT AND ACKNOWLEDGMENT

BY CLICKING "ACCEPT", DOWNLOADING, INSTALLING, OR USING THE APP, YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:

✓ You have read and understood these Terms in their entirety
✓ You are at least 18 years of age
✓ The App is NOT medical advice and forecasts may be incorrect
✓ You will not use the App in emergency situations
✓ You assume all risks of using the App
✓ All sales are final with NO REFUNDS
✓ You agree to binding arbitration and waive class actions
✓ You accept the limitations of liability described herein
✓ You will seek professional help for mental health concerns

CONTACT US

If you have questions about these Terms of Service, please contact us:

📧 Email: support@uneekmind.com
📍 Address: Rochester, NY

By using U'Neekmind, you acknowledge that you have read and agreed to these Terms of Service.