Terms of Service

Welcome to MindMics, your source for advanced heart health monitoring through our innovative infrasonic sound-based technology (IH).

These Terms of Service outline the guidelines for using our earbuds, website, software, mobile app, memberships, and related services offered by MindMics. By accessing or utilizing the Services, including visiting the Site, you are indicating your intention and agreement to abide by all the terms outlined in the Agreement and the Privacy Policy.

Please note that MindMics provides the services for you to track, manage, and share your wellness-related information, but the services and any results or content displayed via the services, do not provide medical advice and are not intended to be a substitute. The services do not and are not intended to treat or prevent any medical condition and all content available through the services is for general informational purposes only. Use of the services, or communication with us via the internet, email or other means, does not create any doctor-patient relationship.

If you have any health-related questions, please call or see your doctor or other healthcare provider. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the services, and you should not use the services or any content on the services for diagnosing or treating a health problem.

Terms May Change:

We reserve the right to make changes or updates to the website and its content at any time without prior notice. The continued use of the MindMics Service after a modification is added indicates the acceptance of the modified terms.

Privacy: 

MindMics is committed to protecting the privacy of its users. This Privacy Policy sets forth the manner in which we collect, use, disclose, and protect information gathered through the MindMics website and related services (collectively referred to as the "Services"). This Privacy Policy applies to all visitors and users of the Services. By using the Services, you consent to the collection, use, and disclosure of your information as described in this Privacy Policy.

Information Collection:

MindMics may collect information about you, including personal information such as your name, address, email address, and phone number, as well as other information such as your health and wellness data, when you create an account, sign up for newsletters, or use the Services. We may also collect information about your device and browsing behavior.

Use of Information:

MindMics may use the information collected through the Services for a variety of purposes, including but not limited to, providing and improving the Services, personalizing your experience, communicating with you, and conducting research and analysis.

Disclosure of Information:

MindMics may disclose information about you to third parties for the purpose of providing the Services, as well as for legal and regulatory compliance purposes. Additionally, MindMics may disclose information in response to a request from law enforcement, a government agency, or other third party as required by law.

Data Security:

MindMics takes reasonable measures to protect the security of your information, including but not limited to, using encryption and secure servers. However, no method of transmission over the internet or method of electronic storage is completely secure, and MindMics cannot guarantee the security of your information.

Changes to Privacy Policy:

MindMics may update this Privacy Policy from time to time to reflect changes in its practices or services. Any updates to the Privacy Policy will be posted on the MindMics website and will become effective upon posting.

Contact Us:

If you have any questions or concerns about this Privacy Policy or MindMics' handling of your information, please contact us at support@mindmics.com.

Eligibility & Registration:

To use MindMics, you must be 18 years or older and not legally restricted from receiving services. Use of unauthorized or counterfeit devices or applications to connect to MindMics is prohibited and may result in immediate termination of access. For questions about product or application authorization, contact support@MindMics.com.

To access MindMics, you must subscribe, pay the applicable membership fee, and create a personal account. Ensure the information provided is accurate and keep it up-to-date. You are responsible for all activity under your account and password and must keep it confidential. Do not use someone else's account or information without permission. Notify MindMics immediately of any changes in your eligibility, security breaches, or unauthorized use of your account. Do not share login information for your account and have the option to delete it directly or through request to MindMics. MindMics is not liable for any loss or damage from your failure to comply with these terms.

To use the MindMics Service, you must have a functional computer or mobile device with the appropriate software and internet access. The responsibility for maintaining and securing this equipment lies with the user and its performance may impact the MindMics Service. The MindMics Service is for personal, non-commercial use only and MindMics provides a limited license for accessing and viewing MindMics content, using the provided software and mobile applications, and using the software embedded in MindMics products. This license is solely for personal use as outlined in these terms and conditions. 

Access & Use of Services:

MindMics grants you a limited license to access its services subject to the terms and conditions of this agreement. You are responsible for maintaining the confidentiality of your account and MindMics will not be liable for any loss or damages resulting from your failure to do so. If you suspect any security breach related to your account, please contact customer support. MindMics reserves the right to modify, update, and change its services at any time and in its sole discretion.

You are not allowed to use the services for any purpose beyond the scope of the access granted in this agreement, or for any activities that infringe, misappropriate, or violate any intellectual property rights or laws. MindMics products are intended for end-users only and resale without its express authorization is not allowed. Title for purchased products passes to you at the time of delivery by MindMics or its designated carrier.

You acknowledge that nothing in this agreement grants you any rights to any intellectual property, including patents, trademarks, copyrights, trade secrets, and other proprietary rights. Access to MindMics services may be inaccessible or inoperable at times due to equipment malfunctions, maintenance procedures, or causes beyond MindMics' control. MindMics may temporarily suspend access to the services for security purposes, to prevent illegal or fraudulent activities, or to comply with legal requests.

MindMics may engage third-party service providers to assist in the performance of its services, and you must abide by their terms of use and requirements. The content available through MindMics services is protected by intellectual property rights and unauthorized use of the content is prohibited. You are granted a limited license to access and use the content solely for the purpose of using MindMics services.

Unauthorized Disassembly and Reverse Engineering:

You agree that you will not open, disassemble, or attempt to reverse engineer any MindMics product or its components. Opening, disassembling, or reverse engineering the product may void any warranty provided by MindMics and could result in damage to the product. Unauthorized disassembly or reverse engineering may also violate intellectual property rights and applicable laws. MindMics reserves the right to take legal action to protect its products, intellectual property, and rights.

Payment and Fees:

MindMics provides various services, which may include one-time purchases or membership-based services (“Paid Services”). These Paid Services may change, be suspended, or discontinued at any time for any reason, and MindMics reserves the right to determine which services require payment.

Paid Services may include products that are pre-ordered and will be produced for you in the future (“Pre-Order”). When placing a Pre-Order, you will be charged a Pre-Order fee. The actual shipping date of any accepted Pre-Order will depend on various factors, including but not limited to, the date of payment and MindMics’ manufacturing schedule. There is no guarantee for shipping dates on Pre-Orders.

You agree to pay all applicable fees for Paid Services, including but not limited to, membership fees, user fees, and offering fees. You are also responsible for paying all taxes incurred prior to termination or cancellation of your agreement with MindMics.

You authorize MindMics to charge the designated payment method for Paid Services. By providing a valid payment method, you represent and warrant that you have the authorization to use the payment method and authorize MindMics or its third-party payment processor to charge the payment method for the total amount of your purchase, including taxes and any other charges. If the payment method cannot be verified, is invalid, or is otherwise unacceptable, your Paid Service may be suspended or canceled. You must resolve any payment issues in order to proceed with the use of MindMics’ services.

Billing amounts may vary due to changes in taxes, currency exchange rates, or if you accept a promotional offer or make changes to your Paid Services. You authorize MindMics or its third-party payment processor to charge your payment method for the corresponding amount. Refunds will not be issued unless required by law, and this payment obligation shall survive termination or cancellation of your agreement with MindMics.

The membership may be continuous, monthly, or annual (“Subscription Term”), as described at the time of purchasing the Paid Services. Your membership will automatically renew for additional Subscription Terms until you cancel or it is suspended or terminated by MindMics. Unless otherwise indicated, your designated payment method will be charged prior to or at the beginning of each membership Term for the membership fee, taxes, and any other charges.

You may cancel your membership at any time. Your cancellation will take effect at the end of the current membership Term. To cancel your membership, click the “Cancel Account” button from your account screen or contact MindMics’ support team at support@mindmics.com. Canceling your membership does not entitle you to a refund of any previously paid fees, and you will not receive a prorated refund for the remaining membership Term. MindMics may still send you promotional communications unless you opt-out by following the instructions provided in the communications.

When you cancel a membership, you cancel only future charges for the subscription. You will not receive a refund for the current Subscription Term, but you will continue to have full access until the end of the current Subscription Term. MindMics may provide credits in its sole discretion, but this does not obligate MindMics to provide credits in the future.

Return Policy:

You have 14 days from the date of purchase to request a refund for your MindMics Heart Health System. Items must be returned unused and in good condition. Any signs of wear or damage may result in a partial refund or rejection of the refund request. You are responsible for shipping costs back to MindMics. Email support@mindmics.com to request a Return Merchandise Authorization (RMA) number. Include the RMA number on the package and ship it to the following address: 86 Sherman Street Cambridge, MA 02140 Attn: Returns. Once we receive the returned item and verify its condition, we will process your refund within 7 business days. For damaged or defective products only, please refer to the warranty section below.

Warranty:

The services and content are provided on an “as is” and “as available” basis without any express or implied warranties or conditions of any kind. MindMics disclaims all implied warranties and conditions, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

MindMics, its affiliates, partners, and officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the services or content, including but not limited to accuracy, reliability, completeness, timeliness, or reliability.

Neither MindMics nor its affiliates or partners shall be liable for truth, accuracy, or completeness of information conveyed to users of the services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. MindMics makes no warranty that the services will be available error-free or that the services or content are free of computer viruses or similar contamination or destructive features. if your use of the services or content results in the need for servicing or replacing equipment or data, MindMics shall not be responsible for those costs. you agree that your use the services and content is at your own risk.

MindMics warrants to the original end user purchaser that the product is free from defects in material and workmanship for one (1) year from the date of purchase. If your local law requires a warranty period longer than one (1) year, this warranty shall be extended to the extent required by such law. Within the warranty period, MindMics shall repair or replace at no charge any components of the Product that fail the limited warranty provided. You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the Product in accordance with the instructions accompanying the MindMics Product; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering with or alterations to the Product, by anyone not authorized by MindMics; or (vi) use of the Product with any application or software other than the one specified by MindMics.

MindMics retains the exclusive right to repair or replace the Product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of this limited warranty. Warranty repairs and replacements have a new warranty period equal to the remaining period of the original warranty or for ninety (90) days from the date of the repair or replacement, whichever is longer.

Limitation of Liability:

In no event shall the company, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, and licensors be liable for any damages, including without limitation direct, indirect, incidental, consequential, or punitive damages, arising out of or in connection with your use of the services or products, or the inability to use the same, including but not limited to loss of revenue, profits, business opportunities, goodwill, use, data, or other intangible losses, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

This limitation of liability will apply regardless of whether the company has been warned of the possibility of such damages and shall not exceed one hundred dollars ($100).

This limitation of liability does not affect liability that cannot be excluded or limited under applicable law. in such states, the company's liability shall be limited to the greatest extent permitted by law.