Agreement to Terms

These Terms of Use (“Terms”) govern your use of Mindberg App (“App”), which is owned and managed by Mindberg doo (“Mindberg”, “we,” “us” and “our”), a company having its offices at Hadzi-Prodanova 18, Belgrade, Serbia, corporate ID number 21573493. Our App is available via Google Play Store, Apple’s App Store, and on the web.

To make these Terms easier to read, the App and all of our services (including the Products as defined below) are collectively called the “Services.” Please read these Terms carefully because they govern your use of our Services.

By using our Services, you agree to be bound by these Terms in full and they form part of your contract with us to provide the App and related services, including any digital content and subscription or other services made available on the App to you. If you don’t agree to be bound by these Terms, do not register, subscribe or use the Services.

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 Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we will inform you accordingly, so that you have the chance to review the changes. If you continue to use the Services after modifications take effect, you are indicating that you agree to be bound by the modified Terms. If you don’t agree, you may not continue to use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility

You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services, you must be 18 years or older and capable of forming a binding contract under the laws applicable in your place of residence.

Registration and Your Information

If you want to use certain features of the Services you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information as needed. If you don’t, we might have to suspend or terminate your Account.

You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Using the Services

Via the Services, users can provide answers to our assessments, surveys, and other tools, as well as describe their dreams, and receive resulting shadow work profiles, personality analysis, archetypal patterns, and dream interpretation determined by Mindberg on that basis. You can also use the paid functionality of the Services to access enhanced features or purchase items offered through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.

You understand and agree that our Services are provided for information and personal development purposes only, for your own personal use, and not for medical or psychological assessment or any other clinical purpose. You further understand and agree that the Services and any other information you receive from Mindberg are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.

We make no claims or representations in relation to the emotional, health or commercial benefits of using the App, and the information provided on or via the App is no substitute for professional medical or psychiatric advice where applicable. If you are concerned about health or mental well-being issues you are advised to always consult your doctor.

In particular:

• Not all activities and Services described or provided on our App are suitable for everyone. Do not use them while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.
• Our Services do not provide medical advice.
• Our Services should not be regarded as or relied upon as being a comprehensive or accurate clinical assessment of your psychological well-being. We neither know enough about you to guarantee that, nor attempt to do that. Our Services are provided for personal information and development purposes only. Where you have any concerns arising from your use of our Services, you should seek appropriate professional advice.
• Any decisions that you make based on the content of our Services are your own and we will not be liable for the consequences of any such decisions.
• Our Services are for personal use only and are not intended for use in any business, educational, employment or recruitment context.

Purchases

Fees

Mindberg offers certain enhanced features of the Services which you can purchase as a monthly or yearly subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your payment details and billing address (“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 will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, 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 Mindberg may charge your payment method via the applicable payment processor, including but not limited to your account with an app store or distribution platform (such as the Apple App Store or Google Play, each an “App Provider”) or a third-party payment processor (such as Paddle), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, payment processor, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.

You’ll receive a confirmation after we confirm payment for your order. Your order is not binding on Mindberg until accepted and confirmed. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

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 payment processing charges unless you have made a reasonable attempt at resolving the matter directly with us.

Mindberg reserves the right to not process or cancel your order in certain circumstances, for example if your payment is declined, if we suspect fraud, or in other circumstances we deem appropriate. Mindberg also reserves the right to take steps to verify your identity in connection with your order. We will either not charge you or refund the charges for orders that we do not process or cancel.

Changes to Pricing

Mindberg reserves the right to change its pricing terms for Subscriptions at any time. We will notify you in advance of such changes becoming effective. Changes to pricing will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes, you may choose not to renew your Subscription.

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Mindberg regarding future functionality or features.

Subscriptions & Cancellation

All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) for monthly or yearly subscriptions, at the beginning of the subscription period. Each 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, using the Payment Information you have provided.

You must cancel your Subscription before it renews to avoid being billed for the next period.

• App Store or Google Play purchases: You can cancel the renewal of your subscription at any time through the App Provider (Apple App Store or Google Play).
• Web purchases (via Paddle): You can cancel the renewal of your subscription at any time by clicking “Cancel subscription” within the Subscriptions tab in the App’s Settings, or by contacting us at [email protected].

You will not receive a refund for the fees already paid for your current subscription period, and you will continue to receive the Services until the end of your current Subscription period.

Withdrawal & Refunds

Subject to the terms of any App Provider via which you purchase our Services or Products: you have the right to withdraw from a purchase within 14 days of your purchase, without giving a reason. In such a case we will refund the money you paid as soon as possible, and in all cases within 14 days from receiving your withdrawal notification.

You, however, hereby expressly acknowledge that you lose your right of withdrawal once the performance of our service has begun and your account is provided with access to the relevant Services or Products. You agree that the supply of the relevant Services or Products and the performance of our service begins immediately after you complete your purchase; therefore, once such access has been enabled on your Account, the contract has been fully performed by us and you can no longer exercise your right of withdrawal.

To exercise the right of withdrawal, you may notify us of your decision by sending an unequivocal statement via email to [email protected] or by post to Mindberg doo, Hadzi-Prodanova 18, Belgrade, Serbia. It is sufficient for you to send your communication before the withdrawal period has expired.

For purchases made via Paddle: refund requests are handled in accordance with Paddle’s refund policy and applicable consumer protection laws. You may request a refund within 14 days of purchase by contacting us at [email protected].

Feedback & Complaints

We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at [email protected]. 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.

If you think that at the moment of purchase, the Service or Product is not as described in these Terms or otherwise, you must contact us immediately (but in any case within two years after purchasing the Product), providing the Product details and any deficiency detected, together with your request for how to address them, by sending us an email to [email protected]. We will carefully examine the information you provide and will notify you about our findings by email within a reasonable period.

It is understood that our Services and Products are in conformity with the Terms if they: (i) comply with the description given by us and possess the qualities presented in the App and these Terms; (ii) are fit for the purposes for which services of this kind are normally used; (iii) show the quality and performance which are normal in services of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.

Content & Intellectual Property

Definitions

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 Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership

Mindberg 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, Mindberg and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws. You agree not to remove, alter or obscure any proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through the Services you hereby grant to Mindberg a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.

Rights in Content Granted by Mindberg

Subject to your compliance with these Terms, Mindberg 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 Services and solely for your personal and non-commercial purposes.

App Rights & App Store Terms

Rights in App Granted by Mindberg

Subject to your compliance with these Terms, Mindberg grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Mindberg reserves all rights in and to the App not expressly granted to you under these Terms.

You may not copy the App, except for making 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, lend 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 through any means.

Additional Terms for App Store Apps

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

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

• These Terms are concluded between you and Mindberg, and not with the App Provider. Mindberg is solely responsible for the App.
• The 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 the App Provider and the App Provider will refund the purchase price for the App to you (if applicable). To the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation with respect to the App.
• The App Provider is not responsible for addressing any claims you have or any third-party claims relating to the App or your possession and use of the App, including product liability claims, regulatory compliance claims, and claims arising under consumer protection legislation.
• In the event of any third-party intellectual property infringement claim, Mindberg will be solely responsible for the investigation, defence, settlement and discharge of such claim.
• The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App.
• You must comply with all applicable third-party terms of service when using the App.
• You agree to comply with all applicable export laws and regulations. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Prohibitions

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that: (i) infringes or violates a third party’s intellectual property rights or rights of publicity or privacy; (ii) violates any applicable law or regulation; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, or offensive; (v) promotes discrimination, bigotry, racism, hatred, or harassment; (vi) is violent or threatening; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Services, Mindberg’s name, trademarks, logos or proprietary information without Mindberg’s express written consent.
• Access, tamper with, or use non-public areas of the Services or Mindberg’s systems.
• Attempt to probe, scan, or test the vulnerability of any Mindberg system or breach any security measures.
• Circumvent any technological measure implemented by Mindberg or its providers to protect the Services.
• Access or search the Services through automated means (spiders, robots, crawlers, data mining tools) other than software provided by Mindberg or generally available web browsers.
• Send any unsolicited advertising, promotional materials, spam, or other form of solicitation.
• Use any meta tags or hidden text utilizing a Mindberg trademark or product name without express written consent.
• Use the Services for any commercial purpose or the benefit of any third party.
• Send altered, deceptive or false source-identifying information.
• Attempt to decompile, disassemble or reverse engineer any software used to provide the Services.
• Interfere with or attempt to interfere with the access of any user, host or network.
• Collect or store personally identifiable information from other users without their express permission.
• Impersonate or misrepresent your affiliation with any person or entity.
• Violate any applicable law or regulation.
• Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content, we have the right to do so for the purpose of operating the Services, ensuring compliance with these Terms, and complying with applicable law. We reserve the right to remove or disable access to any Content at any time and without notice. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Warranty Disclaimers & Limitation of Liability

Termination

We may terminate your access to and use of the Services at our sole discretion, at any time and without notice. If you wish to terminate your Subscription, you can do so in accordance with Section 05 above. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. We can discontinue providing the Services permanently or temporarily at any time.

Indemnity

You will indemnify and hold harmless Mindberg and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.

Governing Law & Dispute Resolution

These Terms and any action related thereto will be governed and construed by the laws of the Republic of Serbia, without regard to its conflict of laws provisions.

If you are entering into the contract with us as a consumer, nothing in these Terms shall affect the statutory rights you have under any applicable legislation.

Disputes arising from these Terms shall be resolved by the competent courts in Belgrade, Republic of Serbia. A consumer in Serbia or in the EU may, however, always institute proceedings in the competent court of their domicile.

The consumer has access to out-of-court mechanisms to resolve potential consumer disputes. In accordance with the Law on Consumer Protection, Mindberg is obliged to participate in the procedure of out-of-court settlement of consumer disputes. The list of bodies responsible for out-of-court settlement of consumer disputes can be found at the website of the Serbian Ministry of Trade, Tourism and Telecommunications.

If you are a user domiciled in the EU, you and Mindberg may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found at ec.europa.eu/odr. You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Mindberg and you regarding the Services, Products and Content, and supersede and replace any and all prior oral or written understandings or agreements. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect.

You may not assign or transfer these Terms without Mindberg’s prior written consent. Any attempt to do so without such consent will be null and of no effect. Mindberg may freely assign or transfer these Terms without restriction.

Any notices or communications provided by Mindberg under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

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

Contact Information

If you have any questions about these Terms or the Services, please contact Mindberg at [email protected].

Mindberg doo, Hadzi-Prodanova 18, Belgrade, Serbia.