Effective July 1, 2018
These Terms, along with our Privacy Policy, form a legal contract between OtherMind, Inc. and each individual user of our services. You must be old enough to agree to the Terms to use our software. The Terms don’t apply to sites and services operated by other companies that you may access through the services.If you sign up for a paid subscription, it will automatically renew until you cancel it. Except were prohibited by law, any legal claim about the Services will be settled by arbitration, not a trial. These Terms are governed by Delaware State law and may be changed at any time.
Other Mind, Inc. (“Other Mind,” “Company,” “we” or “us”) thank you for using our mobile application Other Mind (the “App”).These Terms of Use (“Terms”) govern use by you (“you” or “User”) of the App andthe features and services available therein (the “Services”) as well as your use of our website, www.othermind.com
The App provides a central point of aggregation for all currently used features in third-party social media, payment, and communication applications, other services and features provided directly by the App, and from various third-party platforms (“Third Party Platforms”) such as email solutions,calendar applications, payment applications (such as Stripe and Dwolla),Shapeshift, Uber, Lyft, OpenTable, and Netflix, to help you communicate,network, transfer currency and access other various features and functionality provided by our App and associated services. In addition, the App utilizes a set of algorithms and learning agents that will further improve your online experience by streamlining and automating your activities.
WHEN YOU PAY FOR A SUBSCRIPTION TO THE SERVICES, YOUR SUBSCRIPTION WILLAUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIALSUBSCRIPTION AT THE THEN-CURRENT RATE FOR SUCH SERVICES, UNLESS YOU CANCEL ORCHANGE YOUR SUBSCRIPTION AS SET FORTH IN SECTION 7(C)
To use the Services, you must download an App and create an account (an“Account” )by providing your email address (the “Account Email”) and a password(the “Password” and, together with the Account Email, the "Login Details"). Keep your Login Details secure and do not share them with anyone. You are responsible for all activities on the Services associated with your Account. You represent that any information you provide in connection with your Account (e.g., billing information when you pay for a Subscription) will be accurate, and that you will keep it updated for so long as you have an Account.The Company will not be responsible nor liable for the functionality, accuracy or availability of any of the App’s algorithms, learning agents or automated activity functionality, nor for any Third-Party Platforms or information accessed through, transmitted from or made available by and through Third Party Platforms. The Company reserves the right to change, modify, add, or remove portions of the Terms at any time for any reason and in our sole discretion. The modifications will be effective upon posting (unless some other date isspecified). We suggest that you periodically review the Terms for changes. You acknowledge that by accessing or using the App, you agree to the Terms as modified from time to time. We will alert you if changes have been made by indicating on the Terms the date they were last amended.
1. App Terms and Conditions of Use
YOU MUST AFFIRMATIVELY CONSENT TO USE OUR APP, AND BY DOING SO YOU CONSENT TO THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE APP OR THE SERVICES PROVIDED THEREIN, IN ANY MANNER OR FORM WHATSOEVER.IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE APP, YOU MUST AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILD’S USE OF THE APP.
2. Eligibility
You must be 13 years of age or older to use the App. By visiting the App, you represent and warrant that you are 13 years of age or older, and that you have the right, authority and capacity to agree to and abide by these terms.
The App is not available to: (A) any Users previously suspended or removed from the App OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE USE HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN.
3. Registration
The App is only available through registration and a subscription payment plan. In order to use the App, you must register to create an account (a “User Account”) with us. In consideration of your use of the App, you agree to: (a) provide accurate information about yourself as prompted by the registration forms on the App and update this information as applicable; (2) maintain the security of yourpassword; and (c) be fully responsible for your use of the App and any actions that occur while your User Account is being used.
4. Third Party References
References and links on the App to any names, trademarks, products, services or content of third parties are provided solely as a convenience to you and do not in any way imply the Company’s endorsement of, sponsorship of, or affiliation with, such third party or their services, goods or content. The Company is not responsible for any third-party web pages or content accessible from, or linked to, theApp, or any information contained therein.
5. Third Party Platforms
You will be required to provide us with your login credentials for the Third Party Platforms you wish to access through the App (“Third Party Login Credentials”). By using the App,you authorize us to use the Third Party Login Credentials to incorporate the Third Party Platforms into our App. Your relationship with Third Party Platforms is between you and them. We are not responsible for Third Party Platforms and will not be liable to you or any third party for any losses or damages resulting for your use of Third Party Platforms. You agree to comply with all applicable third-party terms of agreement when using the App.
6. Payment Policy
Once you register for the App, the Company or its third-party payment processing service provider may store your payment information, including but not limited to credit card and bank information. You agree to pay the applicable subscription fees for the Services as they become due plus all related taxes, and to reimburse the Company for all collection costs incurred in recovering any overdue amounts.All fees and charges are nonrefundable.
7. FEES AND PAYMENT
When you sign up for paid access to the Services (a “Subscription”) you must provide credit card,PayPal, Venmo, Apple/Google Pay account information. Subscriptions are paid for in advance and will automatically renew (and you will be charged) for the same duration as your initial Subscription unless cancelled or changed. We will inform you at least two (2) days prior to your Subscription renewing. We charge sales tax where required. Payment practices of App Stores may differ according to their terms.Subscription. All features and services are only available with a paid access plan (a “Subscription”). Subscription levels maybe changed at any time. Fees for Subscriptions (“Subscription Fees”) are due in advance for each billing period, with the initial payment due when you access the system for the first time and create an account. Except as expressly stated in these Terms, Subscription Fees are non-refundable and are based on our standard charges and billing terms in effect when payment is due. You must provide a valid payment method (“Payment Provider”) prior to starting a Subscription and promptly update your Account if there is any change to your payment information. Your Payment Provider agreement, not these Terms, governs your use of your Payment Provider. We may change our fees and billing practices at any time, but any such change will not apply to you until the next Subscription period or if you change your Subscription type. If you upgrade your Subscription, you will pay for the full duration of the new Subscription level but receive a pro-rata credit for the remaining value of your prior Subscription.
Automatic Renewal.
SUBSCRIPTIONS WILL AUTOMATICALLY RENEW AT THE RATES THEN IN EFFECT FOR THE SAME PERIOD AS THE EXPIRING SUBSCRIPTION, AND YOUR PAYMENT PROVIDER WILL BE CHARGED UPON RENEWAL UNLESS YOU CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 7(c).We will inform you at least two (2) days before your Subscription renewal date.By subscribing, you authorize us to charge your Payment Provider at the beginning of any Subscription period if you have not cancelled your Account by such time. If we cannot process payment, we will reach out to you to update your Payment Provider information. If we do not receive payment within one (1) day of the renewal, we may terminate your Subscription.
Cancellation.
Subscriptions may be cancelled at any time by logging into the App and going to the “Profile”section. You will be able to use a canceled Subscription until its scheduled expiration, but you will not receive any pro-rata refund of the current term.
Taxes. Any sales, use,value-added, or other tax based on the Subscription that we are required to pass through to customers is automatically calculated and added to all orders where applicable (except for users in the European Economic Area, (“EEA”) where VAT is included in the amount charged to you by (Other Mind). To the extent applicable, all payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. Sales tax is the sole responsibility of the user.
Payment Services. We use Apple and Google payment processing services. By paying for a Subscription, you agree to be bound by the applicable Payment Processor’s terms and policies and authorize us and the Payment Processor to share any information and payment instructions you provide with your Payment Provider and any other Third-Party Service provider(s) solely as required to complete your transactions.
8. Referral Fees
As part of our course of business and at the sole discretion of the Company, we shall credit back a certain portion of subscription fees paid to the Company for every individual that a user refers to the Company. There are certain conditions that must be met for these credits to be offered. A user must be a living human, must be of legal age and must be found to be unique. If any bots or systematic services are found to be used to register users or inflate a user’s credits both theusers and the referral source will not be owed anything and banned from being part of the Other Mind community for life. A user can only be referred one-time for their life. If a user deletes their account and then creates a new account,the new account is not eligible. In addition, the same human even if they are using more than one login/number/email is considered a single referral and only the initial registration will be considered. A referred user and the referral source must be in good standing with the company to qualify for a referral credit. All subscription fees must be up to date, all users involved must not have any negative reports from the community, and both the referral source and referred account must be considered active and have used the platform within a30-day period. If awarded, referral fees will be credited quarterly in arrears and applied first towards the referral party’s subscription fees and anything additional will be credited to the referral sources’ Other Mind Vault (OMV)account to be used as per the terms and conditions of the Other Mind Vault product. If any user is found to be abusing this program in anyway, as defined solely by the Company, no fees will be paid and all users involved will be banned for life from the Other Mind community without explanation, notice or warning. The Company at its sole discretion can stop this program partially orin full, change the payment structure, the eligibility requirements, the amount credited or any terms and conditions and definitions about the program. The Company can change anything at any time without notice and without giving parties affected directly or indirectly a warning or explanation. The Company’s software, source code and the App itself, as well as all content displayed or otherwise contained on or available via the App, including without limitation all software, images, text, articles, photographs, illustrations, videos, and graphics, constitute the proprietary intellectual property of the Company or its licensors, and is protected by U.S. and international copyright laws. By accessing or utilizing the App, the User agrees not to directly or indirectly copy, modify, recast, create derivative works, post, publish, display,redistribute, disclose, or make available the software or the content displayed or otherwise contained on or available via the App, in whole or in part, to any third parties, or assist others to do the same, or otherwise make any commercial use of the software or content without the prior written consent of the Company.
9. Trademarks and Service Marks
All trademarks, servicemarks, trade names, and logos displayed on the App, including without limitation,
Other Mind and the Other Mind logo (collectively referred to as the “Marks”), are proprietary to the Company or its respective owners, and are protected by U.S. and international trademark laws. Nothing on this App shall be construed as granting, by implication,estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the App without the Company’s prior written permission. Any use of the Marks, or any other Marks owned by or licensed to the Company, without the Company’s express written consent is strictly prohibited.
10. Disclaimer of Warranty; Limitation of Liability
THE INFORMATION AND SERVICES ON THE APP ARE PROVIDED "AS IS". THE COMPANY DOES NOT WARRANT THE ACCURACY OF THE FUNCTIONS OR SERVICES PROVIDED ON THE APP, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO EMPLOYEE OR OTHER AGENT OR PURPORTED AGENT OF THE COMPANY IS AUTHORIZED TO MAKE ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES TO THE CONTRARY, AND THE USER MAY NOT RELY UPON ANY SUCH PURPORTED WARRANTIES,REPRESENTATIONS OR GUARANTIES. YOU ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER,FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE OR TO PROVIDE OR MAINTAIN YOUR ACCESS TO THIRD PARTY APPS, ONLINE SERVICES OR PRODUCTS, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN THE COMPANY AND YOU.THE COMPANY SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS,PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE INFORMATION OR SERVICES CONTAINED ON THE APP, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA OR SERVICES OR PRODUCTS AVAILABLE ON THE APP OR FOR ANY OTHER ASPECT OF THE FUNCTIONALITY OR PERFORMANCE OF THE APP OR ANY SERVICES AND PRODUCTS. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF ANY DATA, SERVICES FUNCTIONALITY OR PRODUCTS MADE AVAILABLE ON THE APP, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY THE COMPANY OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE DATA, SERVICES, FUNCTIONALITY OR PRODUCTS PROVIDED ONOR BY THE APP. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to indemnify and hold the Company, its affiliated companies, officers, employees and agents harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the App, the violation of these terms by you, or the infringement by you or others using your computer or device to access the App, of any intellectual property or other right of any person or entity, to the fullest extent permitted by law. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
12. Severability
If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).
13. Governing Law; Individual Arbitration of Claims
The laws of the State of Delaware, United States of America, shall govern these Terms, without giving effect to any choice of law or conflict of law rules or provisions that would result in the application of any other jurisdiction's laws.
YOU AND THE COMPANY AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING THE APP SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE BASIS, IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION TO BE HELD IN THE STATE OF DELAWARE.
14. Privacy Policy
Our Privacy Policy can be viewed at
othermind.com/privacy-policy and provides information on how we use, disclose and otherwise manage personal information we collect on the App, and the measures we take to safeguard the information. By using this App, you are agreeing to the terms of our Privacy Policy.
15. Unauthorized Use; User Conduct
(a) You may not use any hardware, devices or software intended to damage or interfere with the proper working of the App or to surreptitiously intercept any system, data or personal information from the App, including but not limited to (i) use of any robot,spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App; (ii)any attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is hosted, or any server,computer or database connected to the App; (iii) attack the App via a denial-of-service attack or a distributed denial-of-service attack; (iv) useany manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent; or (v) cause the App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other App. You agree not to interrupt or attempt to interrupt the operation of the App in anyway.
(b) You further agree not to copy, share, post, upload, download or share files unless you have the right to do so. You will be fully responsible for what you copy, share, post, upload, download or otherwise use while using the App, and you represent and warrant that your content will not violate or infringe on the rights of any third party. Additionally, you agree when using the App or the Services to:
i. Refrain from violating applicable federal, state and international laws,including laws regarding currency transfers and disclosures and money laundering;ii. Refrain from using the App or Services to send unsolicited emails, bulkmail, spam or other materials to any other individual or entity;
iii. Refrain from using the App or the Services to harass, threaten, stalk orabuse users of the App or Services;
iv. Refrain from using the App or the Services to harm minors;
v. Refrain from posting content that is obscene, vulgar, harmful or offensive in nature or posting any content that is gratuitously violent, explicitlysexual, defamatory, libelous or violates the copyright, trademark, patent or other intellectual property rights of any third party; Refrain from interfering with others’ use of the App or the Services;
vi. Refrain from using the App or the Services provided to invade the privacy of others, or to collect and use an individual’s personal and private information;
vii. Refrain from using the App or the Services to create a false identity orto impersonate another person.
viii. The Company reserves the right, in its sole discretion, to limit or terminate your access to or use of the App at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which the Company may be entitled at law or in equity.
16. Data Processing Agreement
Under our Privacy Policy,we will only process your Personal Information (as defined in the Privacy Policy) in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Other Mind, Inc., 23823 Malibu Road Suite 50-116 Malibu, CA 90265UNITED STATES OF AMERICA
17. Additional Terms
Certain webpages and portals on the App may contain terms and conditions in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such webpages.15.
18. Contact Us
To contact us directly with any questions or comments that you may have, send an email to info@othermind.com.We endeavor to read every message sent and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about these Terms or our practices, please feel free to contact us at
info@othermind.com