Mindgrow App Terms and Conditions
1.1 The App
The application Mindgrow (“the App”) is a digital application (software) for mobile devices, provided by Potential Project, via which You can access certain functionalities and virtual space. The main goal of the App is to enable You participation in questionnaires which – after gathering Your responses to various questions – analyze Your input data by means of complex algorithms and other tools, and deliver You reports on the outcomes, concerning your attitudes and other issues (focusing above on the aspect of mindfulness). Detailed description of functionalities currently available via the App and conditions of their availability can be found directly in the App.
1.2 Potential Project
The App was developed and is delivered to You by us (“Potential Project”, “We/Us”): Potential Project International ApS. with its registered seat under the address: Rundholtsvej 101, DK-2300 Copenhagen S, Denmark, entered into the register under the number DK34474990.
2. Mindgrow APP. GENERAL RULES
2.1 General conditions
2.2 Using the App
You are entitled to benefit from the App in the scope of Your personal usage and to the extent permitted by its functionalities available in the App at the given moment. You may not: (a) use the App for any purpose other than its intended ones; (b) use the App on any other mobile platform that You do not own or control; (c) distribute or make the App available over a network where it could be used by multiple devices at the same time; (d) decompile or reverse engineer the App, or attempt to do so; (e) rent, lease, lend, sell, copy, reproduce, publish, republish, upload, post, transmit, sub-license, distribute, attempt to derive the source code of, modify or create derivative works of the App or any of its contents.
2.3 Technical requirements
In order to use the App, You must download it on Your mobile device (phone or tablet) from a relevant online store: (a) AppStore – for iOS or (b) Google Play – for Android. For the proper functioning of the App, it is required to use a device with Internet access, iOs or Android system in one of the latest versions. If You decide to download and use the App on a device that does not fulfill these criteria, We cannot ensure that the App will function properly. In addition, Your device cannot have installed any software that may negatively affect operations of the App.
If You need technical support regarding operations of the App, please contact us at firstname.lastname@example.org. We make efforts to provide You support without undue delay (if it happens that you don’t receive an answer from us, please contact us again). Please, however, remember that the support results from our good will only. Potential Project has no obligation whatsoever to furnish any maintenance and support with respect to the App. Although We may try to help You, We will be obliged to provide maintenance or support related to the App solely if We agreed to do so in a separate agreement or if it is required under the applicable law. Otherwise, it is only a favor that We may, but must not, make You.
Using the App requires an active account within the App (“the Account”).
Creating the Account requires registration in accordance with the T&C and current options available in the App. By completing and accepting an appropriate registration form, You: (a) declare that You have read these T&C and accept all of its provisions, (b) ensure that all data provided by You in the registration form and elsewhere in the App are true. The Account is created and the registration process is considered successful only after We send You or display a confirmation of a successful registration.
4.1 Free functionalities
At the date of entry into force of this version of the T&C, the App (as well as all functionalities available therein) are provided to You free-of-charge. This may, but must not, change at some point in time.
4.2 Paid functionalities
Potential Project may decide to introduce charges for some or all functionalities in the App or for the App itself. In such case, You will be clearly and expressly informed about such change and applicable charges. Making relevant payments may be necessary to continue using the App (either in full or only in the scope of some functionalities thereof). All prices, charges and payment schemes will be provided in the App for your reference. You should execute payments in a manner described in the App (in such case, please remember to provide all the data necessary to process the payment). For the sake of Your safety and transaction efficiency, payments may be managed by a third party being a professional payment operator (all necessary details will be provided to You).
5. DATA AND PRIVACY
5.1 Personal data
5.2 Data accuracy and verification
You are obliged to provide only true data within the App, especially for the purposes related to registration in the App. Providing false registration data entitles Potential Project to discontinue providing the functionalities of the App immediately. You must understand that giving untruthful answers in the App questionnaires may result in obtaining inaccurate and/or misleading results.
5.3 Entrusting data
When using the App, You entrust Us with processing of the following personal data: (a) collected in scope of the App – for the purpose and scope necessary for Us to provide You with the App functionalities (b) personal data of persons using the Account based on Your consent, including its employees or associates (if applicable).
6. ACCESSIBILITY AND LIABILITY
6.1 “as is”
The App, functionalities and the content included therein are made available on an “as is” basis, which means that You can only in the scope and to the extent, as well as in the form that is currently provided by Potential Project, at your own discretion and risk.
Although We make every effort to provide the App at the highest level, unfortunately We cannot exclude the possibility of temporarily suspending its availability in case of a need for maintenance, inspection, replacement of equipment or in connection with a need to modernize or expand the App.
6.3 Liability limitation
Potential Project shall not be liable for damages arising from the fault of You or a third party, including in particular damages: (a) resulting from the inability to perform any contract or provide any service due to providing false data or an overfilled email box or other circumstances making provision of functionalities of the App impossible; (b) arising in relation to discontinuance of providing the App or deletion of the Account, which occurred as a result of violation of the T&C by You; (c) caused to third parties as a result of Your usage of the App in a manner contrary to the T&C, applicable law or violation of the law or rights of third parties by You; (d) caused by information or materials downloaded or sent via Internet by You; (e) resulting from acts or omissions of third parties unrelated to You or Us; (f) resulting from sending messages to the email address provided by You being blocked by mail server administrators, or from deleting or blocking emails by software installed on the device used by You. Potential Project – to the furthest extent permitted by law – is not liable for disruptions, including interruptions in functioning of the App due to force majeure, unlawful actions of its users or third parties or incompatibility of the App with Your technical infrastructure.
6.4 Actual damages
Potential Project is liable only for actual damages (all liability for lost profits, direct or indirect losses of profits is excluded).
6.5 No warranty
Potential Project makes no warranty and expressly disclaims all express and implied warranties with respect to the App, any functionalities and services performed or provided by or via the App including, without limitation, any warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement, and disclaim all responsibility for the completeness, accuracy, availability, timeliness, security or reliability of the application, that the App will meet your requirements or be available on an uninterrupted, secure or error free basis or that defects will be corrected. To the extent not prohibited by law, in no event will Potential Project or any of its officers, employees, agents, partners and licensors, be liable to You or anyone else for personal injury or any direct, indirect, incidental, special, exemplary, consequential, punitive, moral or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data, goodwill or other intangible losses) without regard to the form of action and whether in contract, tort, negligence, strict liability, or any other legal theory, arising out of or in connection with the App, any functionalities, services or third party content, including content on or accessed through the App or any application, website or document linked to, or any copying, displaying, or use thereof.
You always have a right to lodge a complaint regarding functioning of the App. Complaints may be submitted in an electronic form by sending an email to the following address: email@example.com. Complaints will be considered within 14 days. We will inform You about the result of the complaint procedure by an email (sent back to the email address from which the complaint was lodged) or by a system message in the App.
7.2 Complaints against third parties
Potential Project will only consider complaints related to the App. Should You send Us a complaint regarding any third party service, including payment operator’s services – should the App become or include a paid service at any time and to any extent – We will inform You that such complaint was wrongfully addressed to Us and/or will assist You by forwarding the complaint to the relevant third party. In the latter case, Your complaint will be forwarded in its entirety (along with the data provided by You for this purpose). Please be informed that forwarding any complaints and /or assisting You otherwise therein is solely our good will and own decision, while You cannot expect Us to do so or make any claims against Potential Project in that scope.
8. COMPLIANCE WITH T&C AND LAW
You are obliged to use the App solely in a manner compliant with the provisions of the T&C, binding provisions of law and with respect to any rights of third parties. Remember that any activities that are not expressly permitted in the T&C are prohibited.
8.2 Prohibited activities
In particular, You are not allowed to: (a) undertake activities that may interfere with the functioning of the App, including hindering access to the App or any content included therein; (b) send spam and unsolicited commercial information and conducting promotional activities contrary to the T&C by means of the App or in relation thereto; (c) use viruses, bots or other codes, files or programs (in particular those automating scripts and applications processes or other codes, files or tools); (d) expose Us or third party to sanctions, prosecution, civil action or other liability; (e) cause harm to or interfere with the integrity or normal operations of Potential Project or third party; (f) interfere with another’s use of the App; (g) violate any applicable law, rule or regulation; or (h) otherwise present an imminent risk of harm to Us, other users of the App of third parties.
Potential Project reserves the right to act immediately to restrict, suspend or terminate Your use of the App if it reasonably determines that You violated these T&C, including especially clauses 8.1. and 8.2. above. We may terminate the agreement between us either immediately (which will be effective at the moment You receive such notification) or with a notice period of up to 30 days. We will inform You about the situation, our decision and measures applied along with a justification thereof. If we find it reasonable, We may set a deadline for You to discontinue the infringements and remedy their effects before We take any other steps. Please note that Potential Project can choose from all available measure at its sole discretion, while applying those does not exclude Your further liability for Your infringement (incl. judicial proceeding).
9. LEGAL ISSUES
9.1 Governing law
Any disputes related to the T&C or legal relations described therein shall be governed by the laws of Denmark, unless unconditionally binding provisions of law stipulate otherwise (e.g. if you are a consumer, We may be obliged to apply local laws of the place You are domiciled at).
Any disputes related to the T&C or legal relations described therein should be considered by the authorities and courts indicated by the unconditionally binding provisions of law, provided that these laws require so (e.g. consumer protection laws). Otherwise, the disputes should be subject to the jurisdiction of courts and authorities competent for the registered seat of Potential Project.
If you use the App as a consumer (as defined in the binding provisions of law), You are not bound by such provisions of the T&C that were or will be considered unlawful contractual provisions (abusive clauses) in a final judgment issued by the competent authority or in any other procedure that imposes such effect.
You and Potential Project conclude the agreement on provision of the access to the App as at the moment when We confirm the correct completion of the registration procedure and setting up the Account.
10.2 Term and termination
The agreement between You and Potential Project is concluded for an indefinite period, which means that it is not limited in time and remains binding until either You or We decide to terminate it. The agreement between us expires after You finalize the Account deletion procedure, which must be initiated by contacting firstname.lastname@example.org with explicit request for account deletion.
10.3 Withdrawal right
If you use the App as a consumer (as defined in the applicable provisions of law), You can withdraw from any agreement for the provision of services concluded at a distance within 14 days. In order to meet the deadline for withdrawal, it is enough if You send a statement on withdrawal to Potential Project before the expiry of the above mentioned deadline (You can use the template provided as the attachment no. 1 hereto). You cannot withdraw from the agreement: (a) in relation to a service with properties specified by You in the order or closely related to Your person, (b) if the We have fully provided the service before the statement was submitted, (c) from the moment when We have already started providing the service (You will be additionally informed about such fact by an appropriate message). In case of an effective, lawful withdrawal, any undue payments You made will be refunded directly to the account from which the payment was made within 7 days.
The T&C are made available free of charge and continuously within the App, in a way enabling You to obtain and reproduce it and download/save its content at any time.
Should any of the provisions of the T&C be amended or declared void by a decision of a competent authority or court, all other provisions of the T&C shall remain in force and bind us.
Potential Project has the right to modify the App at any time and in any scope. We also have the right to amend the T&C, which should be understood as a change of the provisions affecting rights or obligations of You or Us. This usually happens when required by a modification introduced in the App or in the event of a change in law that affects legal relationship between us. If possible, You will be informed about major modifications in advance (normally, at least seven days before they become effective). We believe that the changes are always for better, but if you do not agree with any of the amendments introduced, You are always entitled to terminate the Agreement, e.g. by carrying out the Account deletion procedure and deleting the App from Your device.
You can always find the binding version of the T&C in the App. This version of the T&C enters into force on April 1, 2020.
Attachment no. 1. Template of a statement on withdrawal from the agreement
TEMPLATE OF A STATEMENT ON WITHDRAWAL FROM THE AGREEMENT
Date: [please enter day, month, year]
Service provider: [please enter full name and address of the service provider]
Client: [please enter name and surname, correspondence and electronic address]
Statement. I/We hereby inform about withdrawal from the following agreement [indication of the agreement] concluded on [conclusion date].
signature of the consumer(s)*
(*required solely in case of a hardcopy)