Terms and Conditions
This document (the “Agreement”) is a legally binding agreement between you and Learning 2 Sleep L2S AB.
Please note that you must read and agree to the terms and conditions of this Agreement before you use the application Mindsum ( the ”App”).
If you do not agree to the terms and conditions of the Agreement, you may NOT use the App.
The terms “we”, “us”, “our” and “ours” when used in these terms mean Learning 2 Sleep L2S AB , which includes any parent company, subsidiaries, branches or affiliates under common ownership or control of Learning 2 Sleep L2S AB. The terms “you”, “your” and “yours” when used in these terms mean any user of the App.
1. Contract formation
By using the App you confirm that you are 18 years of age or more, or that you have explicit parental consent if you are under the age of 18. You also confirm that any registration information that you submit to Mindsum is true, accurate and complete, that you will update such information in order to keep it current, that you have read and agree to the terms and conditions contained in this Agreement and that you shall be legally bound by such terms subject to all applicable laws and regulations.
2. Understanding Mindsum
You acknowledge and agree that the Mindsum Service is a personalized self-help system designed to help you improve your own health and that if you choose to access the Mindsum Service you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques.
You also acknowledge and agree that the Mindsum Service is not intended to diagnose, treat or otherwise address any medical problem and the material on the App, whether posted by Mindsum employees, or other users, is provided for your information and not as medical advice and should not be seen as a replacement for consultation with a doctor or other qualified healthcare professional. If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the App then the former should take precedence.
3. Grant of right of use
Certain content and features of the App are only available to individuals who pay an applicable fee (“Paid for Services”). Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the App and Mindsum Service in respect of which you have paid all applicable fees and charges, provided that you comply fully with the provisions of this Agreement.
4. Prices and payment
All prices stated in the App are inclusive of applicable taxes and fees. Mindsum may change the prices of Paid for Services from time to time. You understand that only you may use your user account, and that your subscription to any Paid for Service is only valid for your own personal, non-commercial use and may not be shared with others.
Some parts of the Service are billed on a subscription basis (”Subscription(s)”). You will be billed in advance on a recurring and periodic basis (”Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Learning To Sleep L2S AB cancels it. Subscriptions automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. You may cancel your Subscription renewal through your Account settings.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Learning To Sleep L2S AB with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Learning To Sleep L2S AB to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Learning To Sleep L2S AB will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Learning To Sleep L2S AB may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (”Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Learning To Sleep L2S AB until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Learning To Sleep L2S AB reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Learning To Sleep L2S AB, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Learning To Sleep L2S AB will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
6. Changes to the Agreement
Learning 2 Sleep L2S AB reserves the right to vary this Agreement from time to time by amending this page. Any material amendments intending to bind an existing user of the App shall become effective after notification has been displayed for 30 days on such user’s account settings page.
7. Your health and Mindsum
You are urged and advised to seek the advice of a doctor before beginning any sleep or stress improvement program. If you are concerned about your sleep and/or stress problem, or if you frequently struggle to stay awake during the day, or if you are pregnant, or if you fall asleep during the daytime without intending to, or if you have any other concerns or questions about your health or medicines, you should always consult an appropriate healthcare professional. Be cautious in making any changes to your sleep pattern if you have any serious mental health condition including (but not limited to) depression, bipolar disorder or schizophrenia. Likewise, be cautious about embarking on vigorous exercise if you have any serious medical condition, including (but not limited to) back pain, high blood pressure or heart disease, or if you are pregnant. If you feel excessively sleepy during the day for any reason do not take risks in driving or operating machinery or other equipment. Always seek professional medical advice when contemplating any changes in your prescribed medicines.
However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the App, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.
In order to access the Paid for Services, you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorized disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account.
9. Intellectual Property Rights
The layout, design, content and graphics on the App and the Mindsum are protected by Swedish and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the App may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
The Mindsum logo and the name ”Mindsum” are trademarks owned by Learning 2 Sleep L2S AB. Any use, including, but not limited to, framing, meta tags or other text using the Mindsum logo or the Mindsum name or other trademarks displayed, is strictly prohibited without our prior written consent.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
10. Prohibited uses
You agree that you will not use the App to:
Upload, post, email or otherwise transmit any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, at our sole and absolute discretion;
Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
Impersonate any person or entity, including, but not limited to, any user of this App, a director, officer, employee, shareholder, agent or representative of Learning 2 Sleep L2S AB or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Learning 2 Sleep L2S AB, our affiliates or any other person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the App;
Upload, post, email or otherwise transmit any materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, ”junk mail,” ”spam,” ”chain letters,” ”pyramid schemes,” or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose;
Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialog, cause a screen to ”scroll” faster than other users of the App are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this App;
Interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
Intentionally or unintentionally violate any applicable laws and/or regulations;
”Stalk” or otherwise harass another user of the App and/or any employee of Learning 2 Sleep L2S AB;
Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website from the Website (including user names or passwords) or about any other third party; and/or
Access or attempt to access another user’s account without his or her consent.
Knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
- reproduce, duplicate, copy or re-sell any part of the App in contravention of the provisions of this Agreement.
- resell access to the App.
- frame the App or any part of it.
- copy any material obtained from the App to peer to peer networks or other web sites or web services.
- access without authority, interfere with, damage or disrupt any part of the App; any equipment or network on which the App is stored; any software used in the provision of the App; or any equipment or network or software owned or used by any third party.
11. Breach of the Agreement
We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the App. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the App and/or the Mindsum Service.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the App and/or the Mindsum Service.
Issue a warning notice to you to immediately cease and/or remedy such breach and following receipt such action should be taken immediately.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Any further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.
12. No warranty
The use of the App and Mindsum Service (including but not limited to their content and features) is at your own risk. The App is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Learning 2 Sleep L2S AB gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the App or the Mindsum Service or to the accuracy of the information contained in any of the materials on the App or the Mindsum Service. Mindsum shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the App. There is no guarantee of availability of information on the App at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Learning 2 Sleep L2S AB shall create any warranty on behalf of Learning 2 Sleep L2S AB in this regard. Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.
13. Limitation of liability
To the fullest extent applicable permitted by applicable laws, Learning 2 Sleep L2S AB, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the App or Mindsum Service, even if you have advised Learning 2 Sleep L2S AB about the possibility of such loss, and including any damages resulting therefrom. Commentary and other materials posted on the App by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the App, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Learning 2 Sleep L2S AB (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the Mindsum Service. Any claims arising out of or in connection with your use of the App must be brought within one year of the date of the event giving rise to such action occurred.
Nothing in this provision affects our or our contractors’ liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.
14. Technology limitations and modifications
Learning 2 Sleep L2S AB will make reasonable efforts to keep the App operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labor shortage or dispute, or governmental act) may, from time to time, result in interruptions. Learning 2 Sleep L2S AB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the App with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the App (or any part thereof) as soon as practicable. Following any disruption within Learning 2 Sleep L2S AB’s reasonable control we shall extend your access to the Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to the below address.
15. Third parties
We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.
Description of or reference to any organization, product, practitioner, publication or link to an external website does not imply endorsement by Learning 2 Sleep L2S AB. Equally the omission of any such names does not necessarily indicate a lack of endorsement by Learning 2 Sleep L2S AB.
Your correspondence or participation in promotions, or business dealings with advertisers found on or through the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall not be responsible or liable for any direct or indirect loss or damage of any sort, incurred, or alleged to have been incurred, as the result of any such dealings, or as the result of the presence of such advertisers on the App.
Certain hypertext links in this site may lead to other third party websites, which are not under the control of Learning 2 Sleep L2S AB. When you activate any of these you will leave the App and Learning 2 Sleep L2S AB has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of Learning 2 Sleep L2S AB. Learning 2 Sleep L2S AB does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.
You agree to indemnify and hold Learning 2 Sleep L2S AB and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of the App (and all related materials) or any applicable laws, regulations or third party rights.
17. Assignment by Learning 2 Sleep L2S AB
Learning 2 Sleep L2S AB may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.
18. Entire agreement
19. Severability and waiver
If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20. Term and termination
This Agreement is between you and us only and will become effective when you start using the App and will remain effective until terminated by you or Learning 2 Sleep L2S AB. Learning 2 Sleep L2S AB reserves the right to terminate this Agreement or suspend your Mindsum account at any time in case of unauthorized, or suspected unauthorized use of the App whether in contravention of this Agreement or otherwise. If Learning 2 Sleep L2S AB terminates this Agreement, or suspends your Mindsum account, for any of the reasons set out in this section, Learning 2 Sleep L2S AB shall have no liability or responsibility to you whatsoever, and Learning 2 Sleep L2S AB shall not refund any amounts that you have paid.
21. Governing law and disputes
The App is controlled by Learning 2 Sleep L2S AB from its office in Sweden. Access to, or use of, the App, including the Mindsum Service and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the App. We make no representation that the information contained herein is appropriate or available for use in other locations.
This Agreement and any contract between us, whether for use of the App or other purpose, and any non-contractual obligations (if any) arising out of or in connection with these terms and conditions or any such contract will be governed by Swedish law. The parties agree that the courts of Sweden have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or in connection with this Agreement). Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
The following provisions shall survive termination of this Agreement: Clause 9 (Intellectual Property), Clause 13 (Limitation), Clause 16 (Indemnity), Clause 18 (Entire Agreement), Clause 19 (Severability and waiver) and Clause 21 (Governing Law and Disputes).
You can contact us via the following details:
Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate, qualified health practitioner.