Mindbay: Terms
For your information, just like any terms of use of any product our terms greatly limit our liability.
Custom End User License Agreement for Mindbay
Apps made available through the App Store are licensed, not sold, to you. Your license to the Mindbay app ("Licensed Application") is subject to your prior acceptance of this Custom End User License Agreement (“Custom EULA”), provided by Trifan Universe LLC ("Application Provider"), instead of the Standard End User License Agreement (“Standard EULA”). By accepting this Custom EULA, you are entering into an agreement directly with Trifan Universe LLC, and not with Apple. The Application Provider, Trifan Universe LLC, reserves all rights in and to the Licensed Application not expressly granted to you under this Custom EULA.
Service Description
Mindbay app provides general educational and informational content about mental freedom and peace, using a language model that generates responses based on an ancient eastern wisdom. These responses are not professional advice and should not be used as such
Refund Policy
Users are entitled to a no-questions-asked one-year refund policy. Refunds will be processed to the original payment method, with efforts to complete within 14 business days. To request a refund, simply submit your refund request out the App, or contact our Customer Support through the website or email help@oraclepeace.com attaching the email address you have on file with us. Changes to this policy will be updated on our website and app; by placing a pre-order or purchasing Mindbay Full Access Subscription, you agree to these terms.
No Liability
The content generated by Mindbay app is purely for informational and educational purposes and does not constitute professional advice. You agree that you will not hold the creators, developers, or operators of the app responsible for any actions or decisions you make based on the information provided.
No Guarantee
The developers of Mindbay do not guarantee the accuracy, relevancy, reliability, or completeness of any information provided by the app.
No Medical or Professional Advice
Mindbay app does not provide medical, legal, or professional advice. If you require such advice, please consult with a qualified professional.
Indemnification
You agree to indemnify and hold harmless the creators, developers, and operators of Oracle AI from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these terms.
Modifications
The creators, developers, and operators of Oracle AI reserve the right to change these terms and conditions at any time. We recommend that you periodically check this page for any changes. Your continued use of the app following the posting of changes to these terms will mean you accept those changes.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.
Jurisdiction
You agree that any disputes arising out of or relating to the "Mindbay " app or this agreement will be subject to the jurisdiction of the state and federal courts located within the State of Texas. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Dispute Resolution
In the event of any controversy or dispute between you and "Mindbay" arising out of or in connection with your use of the app, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Scope of License
Trifan Universe LLC, as the Licensor, grants to you a nontransferable license to use the Licensed Application, Mindbay, on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. This Custom EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application, as well as upgrades provided by the Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by another version of the Custom EULA. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices simultaneously, unless such use is specifically permitted by the license granted herein and conforming to the Usage Rules. You may not transfer, redistribute, or sublicense the Licensed Application, and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except to the extent as any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the Licensed Application)
User Information and Data Use
Data Collection: We collect your email address and name during the sign-up process.
Purpose of Data Collection:
Email Address: Used solely for the purpose of authentication and account management.
Name: Used for personalizing your onboarding experience.
Data Usage: Your personal information is not used for any other purposes and is not shared with third parties, except as required by law.
Data Protection: We are committed to protecting your data with appropriate security measures.
User Consent: By using our application, you consent to the collection and use of your information as described in this policy.
Consent to Use of Data
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Termination
This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
External services
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
No warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU
Limitation of liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Limitation of liability 2
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons
Limitation of liability 3
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Limitation of liability 4
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.