Terms and Conditions

The Service, Accounts, and Availability of the Service

1. The Service. The Service allows you to access certain psychedelic therapeutic protocols as displayed in the Service (“Protocols”) for use at your own direction or through the direction of a health care professional (such as a psychologist, counsellor, or other health care practitioner) (“Practitioners”). Through the Service, you may diarize your experience with a Protocol through notes and reflections you enter into the Service, upload qualitative data about your use of a Protocol or your mental wellbeing (e.g., improvement or worsening of your emotional state), integrate quantitative data about your health (e.g., your heartrate) through wearable devices provided by independent third parties (companies or people who are not us) ("Third-Party Services"), and enter or upload other user content such as photos, images, videos, graphics, written content, audio files, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account or your use of the Service (all of the foregoing is referred to as “User Content”).

2. Availability. The Service and Third-Party Services that are integrated into or connect with the Service may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region. We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your User Content that you have stored. We recommend you regularly backup your User Content that you store on the Service or that you have connected with Third-Party Services. Not all Service features are available in every jurisdiction, and we are under no obligation to make any Service or features available in any jurisdiction. We reserve the right to refuse service to anyone for any reason at any time.

3. Content displayed through the Service. We reserve the right to change or allow a third party to change any information, material, or content (including price, features, and availability of Third-Party Services) contained on or provided through the Service at any time, and from time to time, without notice.

4. Account registration. To access and use the Service, you may register for an account with us through the registration process on our Site or the App, or the other means of creating an account provided to you through the Service (an "Account"). To create an Account, you may need to provide your full legal name, current address, phone number, a valid email address, and any other information we require. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. By signing up for an Account, you represent and warrant that you meet the conditions for having an Account with us and acknowledge that we are relying on this representation and warranty. If you sign up for an Account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms of Service on its behalf.

5. Account security. You are responsible for keeping your Account secure. We are not liable for any loss or damage from your failure to maintain the security of your Account, including any password or single sign-on integration you use to access your Account.

6. Account inactivity. If your Account is inactive for 12 or more months, we may terminate the Account in our discretion. Once your Account is terminated, whether by you or us, you acknowledge and agree that we may at our option permanently delete your Account and all the data associated with it.

7. Account disputes. In the event of a dispute regarding Account ownership, we have the right to request documentation to determine the appropriate Account ownership. Documentation may include things such as a scanned copy of your government issued photo identification or the account number associated with a connected service or account, such as an account associated with any method of payment we have for you. We have the right to determine, in our sole judgment, who the rightful Account owner is and transfer an Account to that person. If we are unable to reasonably determine the rightful owner of an Account, without limiting our other rights and remedies, we have the right to temporarily disable an Account until you and the other party in the dispute have resolved the question of who is the rightful owner.

8. Age requirements. You must be the older of 18 years or the age of majority in the jurisdiction where you reside and from which you use the Service to open an Account.

9. Subject to laws. You may not sign up for, or have any access to, an Account if doing so would violate any applicable laws or regulations of the laws and regulations of any jurisdiction applicable to you.

10. Modifications to the Service. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

11. Communication with you. You acknowledge that we will use the email address you provide when you open an Account or as updated by you from time to time to communicate with you. If you provide us with a mobile phone number, we may also contact you through SMS message. You consent to receiving such messages from us in connection with your use of the Service. You may opt out of email and SMS communication by following the link in our messages to our unsubscribe mechanism.

12. Technical support. Technical support regarding the Service is only provided to Account holders and their authorized representatives through the support tools and contact methods provided through the Service and on the Site.

Access to the Service is subject to these Terms of Service and other Terms and Conditions

1. Acceptance of Terms of Service and additional terms. You must read, agree with, and accept all of the terms and conditions contained or referenced in these Terms of Service, including our Privacy Policy and any of our other applicable terms, conditions, or policies before you sign up for an Account or use our Service (collectively, the "Additional Terms"). Questions about the Terms of Service should be sent to privacy@mindcure.com.

2. New features. Any new features or functionalities added to the current Service shall be also subject to the Terms of Service and the Additional Terms.

3. Accessing the Terms of Service and acceptance of updates. You can review the current version of the Terms of Service and Additional Terms at any time at the Site or within the Service. You acknowledge and agree that we may amend these Terms of Service at any time by posting an updated version on the Site or in the Service. All such amendments to the Terms of Service or any applicable Additional Terms are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted means you have agreed to the changes. If you do not agree to any changes to the Terms of Service or any applicable Additional Terms, do not continue to use the Service.

4. Breaches. A breach or violation of any term in the Terms of Service or the Additional Terms, as determined in our sole discretion, may result in an immediate termination of your access to the Service and your Account.

5. Third-Party terms. The Third-Party Services may present you with a privacy policy or require you to accept their terms before you can access those Third-Party Services. You should review the third-party terms and privacy policies before acquiring, using, or requesting the Third-Party Service. Any third-party terms do not modify these Terms of Service. We do not license any intellectual property to you as part of any Third-Party Services.

6. Payment processing. The Service includes integrated third-party payment gateways that authorize credit card or direct payments ("Payment Gateways"). All such Payment Gateways are Third-Party Services and in addition to these Terms of Service, your use of them will be subject to the terms and conditions of the applicable Payment Gateway service provider, as they may be amended from time to time. You are responsible for reviewing the applicable Payment Gateway service provider’s terms and conditions and your continued use of the Payment Gateway with the Service is your agreement to be bound by those terms and conditions. If you do not agree to any of the applicable Payment Gateway service provider’s terms and conditions, you must not continue to use the Payment Gateway in connection with the Service.

Privacy, Content, and Data

1. Your Privacy is important to us. Please read our Privacy Policy as it describes the types of data we collect from you and your devices, how we use your data and User Content, and the legal bases we have to process your data and User Content, including in connection with your use of the Service.

2. The Privacy Policy also describes how we use your User Content. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms of Service, you consent to our collection, use, and disclosure of your User Content as described in the Privacy Policy. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Policy.

3. We do not claim any intellectual property rights over User Content. Your User Content remains yours and you are responsible for your User Content. You represent and warrant that for the duration of these Terms of Service, you have (and will have) all the rights necessary for your User Content that are uploaded, stored, or shared on or through the Service and that the collection, use, and retention of your User Content will not violate any law or rights of others. You are responsible for compliance of the User Content with any applicable laws or regulations and these Terms of Service.

4. We may, but have no obligation to, remove User Content and suspend or terminate Accounts if we determine in our sole discretion that User Content violate these Terms of Service. We do not pre-screen User Content you give to us directly and it is in our sole discretion to refuse or remove any User Content from the Service at any time. You can remove your User Content at any time by deleting your Account.

5. To the extent necessary to provide the Service to you and others, to protect you and the Service, and to improve our products and services, you grant us a worldwide and royalty-free intellectual property license to use your User Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools your User Content on the Service as intended by the functionality of the Service, including to share your User Content with Practitioners that you select and manage through the Service.

6. While you maintain ownership over your User Content, we own and reserve all rights to information, data, and other content that is derived by or through the Service, including from processing, anonymizing, or aggregating User Content, that is sufficiently different from your User Content that it cannot be reverse engineered or otherwise personally identifiable.

General Rules and Abuse

1. The App is licensed, not sold, and we reserve all rights to the App not expressly granted by us, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not: (i) circumvent or bypass any technological protection measures in or relating to the App or Services; (ii) disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer the App, any software or other aspect of the Service, except and only to the extent that the applicable copyright law expressly permits doing so; (iii) separate components of the App or Service for use on different devices; (iv) publish, copy, rent, lease, sell, export, import, distribute, or lend the App or the Service, unless we expressly authorize you to do so; (v) transfer the App, any software licenses, or any rights to access or use the App or Service; (vi) use the Service in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network; (vii) enable access to the App or Service or modify any of them by unauthorized third-party applications.

2. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction (if applicable), or the federal, state, and provincial laws of the United States, Canada, or any other jurisdiction applicable to your use of the Service. You will comply with all applicable laws, rules, and regulations in your use of the Service.

3. You may not use the Service to promote or incite harm toward others or in a way that promotes hateful, discriminatory, or harassing content. We may suspend or terminate your Account if, in our sole opinion, you are using the Service in a way that, directly or indirectly, violates this section.

4. The Service allows you to send certain communications to others by electronic means ("Electronic Communications"). You will only use the Electronic Communications features in the Service in compliance with these Terms of Service and the laws of the jurisdiction from which you send messages and in which your messages are received, including any "anti-spam" laws and regulations.

General Terms

1. These Terms of Service are governed by the laws of British Columbia and the federal laws of Canada applicable therein, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You irrevocably consent to the exclusive jurisdiction of the courts in Toronto, Ontario, Canada for purposes of any legal action arising out of or related to these Terms of Service.

2. By using the English version of the Site, the parties acknowledge and agree that they have required that this Agreement be prepared in the English language. En utilisant la version anglaise de les sites, les parties reconnaissent avoir exigé que la présente convention soit rédigée en anglais.

3. For purposes of these Terms of Service: (a) the words "include", "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein", "hereof", "hereby", "hereto" and "hereunder" refer to the Terms of Service as a whole; and (d) whenever the singular is used, the same will include the plural, and, whenever the plural is used, the same will include the singular, where appropriate. The definitions given for any defined terms will apply equally to both the singular and plural forms of the terms defined.

4. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. We are permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations, to any third-party without our prior written consent, to be given or withheld in our sole discretion.

5. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal, or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

6. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and us and govern your use of the Service and your Account, superseding any prior agreements between you and us (including any prior versions of the Terms of Service).

7. The headers and any sidebar text are provided only to make these Terms of Service easier to read and understand. The fact that we wrote these Terms of Service will not affect the way our agreement with you is interpreted.

8. Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Site. Any notice to us will be effective when delivered to us at the addresses we post for general communication to us on our Site.

9. These Terms of Service and any Additional Terms you have agreed to make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. This section shall survive any termination of the Terms of Service. Where there is a conflict between these Terms of Service and the Additional Terms, the Additional Terms will control to the extent of the conflict.