Terms of Service

IMPORTANT — PLEASE READ CAREFULLY

These Terms of Service ("Terms") constitute a legally binding agreement between you and Mindset Ltd. By downloading, installing, accessing, or using the Mindset Application or any associated service, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not download, install, or use the Application.

These Terms should be read alongside our Privacy Policy, which describes how we collect and use your personal data, and our End User Licence Agreement (EULA), which governs your licence to use the Application. All three documents together form the complete legal basis of your relationship with Mindset Ltd.

These Terms contain provisions that limit our liability to you and require you to resolve certain disputes in specific ways. Please read Sections 19 (Limitation of Liability) and 21 (Governing Law and Disputes) carefully.

Plain Language Summary

The following is a plain-language summary for convenience only. It does not replace the full legal text, which governs in all respects.

This summary is provided for convenience. The full Terms below govern your relationship with Mindset Ltd in all respects.

1. Definitions

1.1 In these Terms, the following words and expressions have the meanings set out below. Where these Terms use defined terms, they are capitalised throughout.

2. About Mindset and the Services

2.1 Mindset Ltd is a company incorporated and registered in England and Wales. We develop and operate the Mindset Application, a focus enforcement tool available on iOS and Android, and associated web-based institutional tools.

2.2 The Services are built on the principle that genuine focus requires genuine restriction, not passive reminders or motivational notifications. When Enforcement is active, selected applications and websites become structurally inaccessible on a User's device. Mindset does not suggest, remind, or nudge. It enforces. Users select what to block; the system enforces those selections reliably for the duration of the Session.

2.3 The Services are offered to two categories of user: Consumer Users who use the Application individually, and Institutional Users who deploy the Services to manage focus sessions across groups of Institution Members. The same Application is used in both contexts. Different terms and, where applicable, separate contractual arrangements apply to Institutional Users as described in Section 6 below.

2.4 Mindset is committed to transparency about what the Services can and cannot do. Enforcement is local and rule-based. It operates on your device and relies on operating system mechanisms. We do not represent that our enforcement features are technically unbypassable in every possible circumstance or on every device configuration. Our commitment is that the Services work reliably as designed and described at mindsetapp.io.

3. Accepting These Terms

3.1 By creating an Account, downloading or installing the Application, or otherwise accessing or using the Services, you acknowledge that you have read these Terms, that you understand them, and that you agree to be bound by them.

3.2 If you are accepting these Terms on behalf of an Institutional User, you represent and warrant that you have the authority to bind that organisation to these Terms and that your acceptance constitutes the organisation's acceptance. References to "you" in such context shall include the Institutional User.

3.3 You may not use the Services if you are prohibited from doing so under the laws of the jurisdiction in which you are located.

3.4 These Terms are in addition to, and do not replace or override, any separate written agreement between you (or your organisation) and Mindset Ltd, including any Data Processing Agreement entered into with an Institutional User. In the event of a conflict between these Terms and any such separate written agreement, the separate written agreement prevails to the extent of the inconsistency.

4. Accounts and Registration

4.1 To use the Services, you must create an Account by providing an email address and password, or by signing in using Apple Sign-In or Google Sign-In. By creating an Account, you represent and warrant that:

• all information you provide is accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update it if it changes;
• you are the person you represent yourself to be; and
• your use of the Services will comply at all times with these Terms and applicable law.

4.2 You are responsible for maintaining the confidentiality and security of your Account credentials. You must not share your password with any other person. You must notify us immediately at hello@mindsetapp.io if you become aware of any unauthorised access to or use of your Account.

4.3 You are responsible for all activity that occurs through your Account, whether or not you authorised it, except to the extent that such activity results directly from our breach of these Terms or applicable law.

4.4 We reserve the right to refuse to create an Account, or to suspend or terminate an existing Account, at our discretion, including where we reasonably believe that information you have provided is inaccurate or misleading, or that your use of the Services violates these Terms or applicable law.

4.5 Each Account is personal to the individual who created it. You may not create multiple Accounts to circumvent any feature limitation, suspension, or restriction that applies to an Account you hold.

4.6 You may close your Account at any time by contacting us at hello@mindsetapp.io. Closing your Account does not affect any rights or obligations that have accrued prior to the date of closure. Data deletion following account closure is governed by our Privacy Policy.

5. Subscriptions, Billing, and Refunds

5.1 Subscription Tiers

The Services are offered on the following basis:

• Free Trial: New users receive a seven (7) day free trial with access to all Premium features. No payment is required to begin the free trial. At the end of the trial period, your account will automatically revert to the Standard tier unless you have activated a paid subscription.
• Standard (Free): A limited tier available to all users following the expiry of the free trial. The features available on the Standard tier are described at mindsetapp.io and may be updated from time to time.
• Premium (Paid): A subscription tier providing access to the full feature set of the Services, as described at mindsetapp.io. Premium requires a paid subscription, processed through Apple App Store or Google Play.

5.2 Subscription Billing

5.2.1 Premium subscriptions are billed through Apple App Store (for iOS users) or Google Play (for Android users). By initiating a subscription through either platform, you agree to that platform's terms of service and billing terms in addition to these Terms.

5.2.2 Mindset Ltd does not directly collect, process, or store your payment card information. All payment processing is handled by Apple or Google. Your subscription status is verified by our servers by querying Apple or Google's receipt verification APIs. The result of that verification is the authoritative basis on which we grant or revoke Premium access.

5.2.3 Subscriptions are recurring. Your subscription will automatically renew at the end of each billing period unless you cancel it prior to the renewal date through the App Store or Google Play settings on your device.

5.2.4 The price of a Premium subscription is displayed in the App Store or Google Play at the time of purchase and may vary by country or region. Mindset Ltd reserves the right to change subscription pricing. Where we change the price of your subscription, we will provide notice as required by the applicable platform's rules and by applicable law, and you will have the opportunity to cancel before the new price takes effect.

5.3 Free Trial Terms

5.3.1 The free trial gives you full access to all Premium features for seven (7) days from the date you create your Account. Only one free trial is available per user. If you have previously created an Account, you are not entitled to a further free trial on a new Account.

5.3.2 We reserve the right to modify the duration or terms of the free trial at any time. Any changes will apply to new users only and will not affect a trial that is already in progress.

5.4 Cancellation

5.4.1 You may cancel your Premium subscription at any time through your App Store or Google Play subscription settings. Cancellation takes effect at the end of the current billing period, unless applicable law requires otherwise. You will continue to have access to Premium features until the end of the billing period for which you have paid.

5.4.2 Cancellation of a subscription does not delete your Account. Your Account will revert to the Standard tier at the end of the billing period.

5.4.3 If you wish to delete your Account entirely, follow the account deletion process described in our Privacy Policy or contact us at hello@mindsetapp.io.

5.5 Refund Policy

5.5.1 For subscriptions purchased through the Apple App Store, all refund requests must be directed to Apple. Mindset Ltd does not process refunds for App Store purchases. Please visit Apple's support pages or submit a refund request through your Apple ID account settings. Apple's refund policies apply.

5.5.2 For subscriptions purchased through Google Play, all refund requests must be directed to Google. Mindset Ltd does not process refunds for Google Play purchases. Please visit Google Play's support pages or contact Google support directly. Google's refund policies apply.

5.5.3 For subscriptions purchased directly through the Mindset website (mindsetapp.io), we will generally consider refund requests submitted within fourteen (14) days of the original purchase date. To request a refund, email hello@mindsetapp.io from the email address registered to your Account with the subject line "Refund Request." We will process eligible refunds within fourteen (14) business days. We reserve the right to decline refund requests that do not meet these criteria or where we reasonably believe the request is fraudulent.

5.5.4 Notwithstanding the above, nothing in these Terms affects your statutory rights as a consumer under applicable law, including your rights under the Consumer Rights Act 2015 (UK) or equivalent consumer protection legislation in your jurisdiction.

5.6 Pricing and Tax

All prices displayed are inclusive of applicable taxes where required by law. Where taxes apply but are not displayed in the final purchase price, they will be itemised at checkout. You are responsible for any duties, levies, or taxes applicable in your jurisdiction in addition to the stated price.

6. Institutional Users

6.1 Separate Agreements

6.1.1 Institutional Users wishing to deploy the Services to manage focus sessions for their members (for example, a school deploying the Services to manage student focus during class periods, or a business deploying the Services for employee focus sessions) must enter into a separate written agreement with Mindset Ltd, which will include or incorporate a Data Processing Agreement addressing the processing of personal data of Institution Members.

6.1.2 These Terms apply to Institutional Users and to Institution Members in addition to any such separate agreement. Where a separate agreement exists, its terms prevail over these Terms to the extent of any inconsistency.

6.2 Institutional Responsibilities

By accessing or using the Services as an Institutional User, or by deploying the Services to Institution Members, the Institutional User agrees and warrants that:

• It has the legal authority and, where required, the consent of relevant individuals (including parents or guardians of minors, where applicable) to deploy the Services to Institution Members.
• It has provided Institution Members with all required notices about how the Services work, what data is collected, and how it is used, including any notices required by applicable data protection, employment, or education law.
• It will use the Services only for lawful purposes and in compliance with all applicable law, including data protection legislation and any sector-specific regulation applicable to its industry.
• It will not deploy the Services in a manner that subjects Institution Members to unlawful monitoring, harassment, discrimination, or other harm.
• It will maintain accurate and up-to-date records of the Institution Members for whom it has activated the Services, and will promptly remove access for any individual who is no longer authorised.
• It accepts responsibility for the configuration of its institutional deployment, including the categories of applications and websites it selects for blocking and the duration of enforcement sessions.

6.3 Institution Members

6.3.1 Institution Members use the Application under the authority and direction of the Institutional User. Where an Institutional User has configured an enforcement session, Institution Members who check in to that session are subject to the blocking rules the Institutional User has configured for the duration of the session.

6.3.2 Mindset Ltd is not responsible for the specific configuration decisions made by Institutional Users, including which applications and websites they choose to block or the duration of sessions they create.

6.3.3 Institution Members who have questions about the Institutional User's use of the Services, or who wish to exercise data protection rights in relation to data processed by the Institutional User, should direct those enquiries to the Institutional User directly.

6.4 Subscription Tiers for Institutional Users

Subscription pricing and feature access for Institutional Users is agreed separately between Mindset Ltd and the relevant institution. Mindset Ltd offers tiered institutional pricing based on scale, feature requirements, and contract duration. For enquiries, contact hello@mindsetapp.io.

7. Acceptable Use Policy

7.1 You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree that you will not:

7.1 Prohibited Conduct — General

• Use the Services in any manner that violates any applicable local, national, or international law or regulation, including data protection legislation, consumer protection law, intellectual property law, and any sector-specific regulation applicable to your activities.
• Use the Services to harass, abuse, threaten, stalk, defame, or otherwise harm any person.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Engage in any fraudulent, deceptive, or misleading conduct in connection with your use of the Services.
• Use the Services to transmit or facilitate the transmission of unsolicited commercial messages (spam) or any other form of unsolicited communication.
• Create multiple Accounts for the purpose of circumventing any feature restriction, trial limitation, subscription requirement, or enforcement action taken by Mindset Ltd.

7.2 Prohibited Conduct — Technical

• Attempt to probe, scan, or test the vulnerability of the Services or any system or network connected to them, or to breach any security or authentication measures.
• Attempt to access any part of the Services, or any server, computer, or database connected to the Services, without authorisation.
• Introduce, upload, or transmit any virus, trojan horse, worm, logic bomb, or other malicious or technologically harmful material.
• Attempt to interfere with, disrupt, or degrade the performance of the Services or any server or network connected to them.
• Use any automated means, including bots, spiders, or crawlers, to access or interact with the Services in a manner not expressly permitted by these Terms.
• Attempt to reverse-engineer, decompile, disassemble, or derive the source code or underlying algorithms of the Application or any part of the Services, except to the extent expressly permitted by applicable law.
• Circumvent, disable, or otherwise interfere with any access control, content protection, rights management, or enforcement feature of the Services.
• Modify or create derivative works based on the Application or any part of the Services.

7.3 Prohibited Conduct — Content and Data

• Submit, upload, or transmit any Content that is unlawful, harmful, offensive, defamatory, obscene, or otherwise objectionable.
• Submit Content that infringes the Intellectual Property Rights, privacy rights, or other rights of any third party.
• Collect or harvest any personal data from other Users of the Services without their knowledge and consent.
• Use the Services to process or store personal data in violation of applicable data protection legislation.

7.4 Consequences of Breach

Breach of this Acceptable Use Policy may result in immediate suspension or termination of your Account, withdrawal of your access to the Services, and, where appropriate, referral to law enforcement authorities. We reserve the right to investigate any suspected breach of this policy. Mindset Ltd shall not be liable for any loss or damage arising from our exercise of these rights.

If you become aware of any misuse of the Services by any person, please report it to us at hello@mindsetapp.io.

8. Intellectual Property Rights

8.1 The Services, including the Application, all software, code, designs, graphics, text, data, databases, and other content and materials forming part of the Services, are owned by Mindset Ltd or its licensors and are protected by copyright, trade mark, database right, and other applicable Intellectual Property Rights in the United Kingdom and internationally.

8.2 These Terms do not transfer any Intellectual Property Rights to you. You are granted a limited, personal, non-transferable, non-exclusive, revocable licence to use the Application and Services as set out in the End User Licence Agreement. All rights not expressly granted to you are reserved by Mindset Ltd.

8.3 The name "Mindset," the Mindset logo, and related product names, slogans, and design marks are trade marks of Mindset Ltd. You may not use any trade mark or service mark of Mindset Ltd without our prior written consent. Nothing in these Terms grants you any right to use our trade marks.

8.4 You retain ownership of any Content you submit through the Services (for example, settings and preferences you configure). By submitting Content through the Services, you grant Mindset Ltd a non-exclusive, worldwide, royalty-free licence to use, store, reproduce, and process that Content to the extent necessary to provide the Services to you. This licence terminates when you delete the Content or close your Account, subject to any retention obligations under applicable law.

8.5 You must not remove, obscure, or alter any copyright notice, trade mark, or other proprietary rights notice displayed within or on the Application or Services.

8.6 If you believe that any content available through the Services infringes your Intellectual Property Rights, please contact us at hello@mindsetapp.io with details of the alleged infringement. We will investigate and respond promptly.

9. Privacy and Data Protection

9.1 Mindset Ltd is committed to protecting your privacy and handling your personal data in accordance with applicable data protection legislation, including UK GDPR and EU GDPR.

9.2 Our Privacy Policy, available at mindsetapp.io/privacy, describes in detail what personal data we collect, how we collect it, the legal bases on which we process it, how long we retain it, who we share it with, how we protect it, and what rights you have in relation to it. Our Privacy Policy is incorporated into these Terms by reference and forms part of your agreement with us.

9.3 By using the Services, you acknowledge that you have read and understood our Privacy Policy. If you do not agree with our Privacy Policy, you must not use the Services.

9.4 Mindset's enforcement features operate locally on your device. The specific applications and websites you choose to block are not transmitted to our servers. Enforcement is local and rule-based, not surveillance-based.

9.5 For institutional deployments, the Institutional User acts as a data controller in respect of Institution Members' personal data, and Mindset Ltd acts as a data processor in accordance with a separately agreed Data Processing Agreement. Institution Members who have questions about how the Institutional User handles their data should contact the Institutional User directly.

10. Third-Party Services and Links

10.1 The Services operate in conjunction with third-party platforms including Apple App Store and Google Play, through which the Application is distributed and subscriptions are processed. Your use of those platforms is governed by their respective terms of service. Mindset Ltd is not responsible for the practices of Apple or Google.

10.2 The Services may display or provide access to content, services, or links from third parties. Mindset Ltd does not endorse, control, or accept responsibility for any third-party content, product, or service. Your use of any third-party service is at your own risk and subject to that third party's terms and privacy policy.

10.3 Where the Application requires operating system permissions on your device (for example, permissions to restrict access to other applications), those permissions are requested transparently and are described in our Privacy Policy. We do not use such permissions for any purpose beyond what is necessary to deliver the Services.

11. Your Content

11.1 You are solely responsible for the accuracy, completeness, legality, and appropriateness of any Content you submit through the Services. Mindset Ltd does not monitor or review User Content.

11.2 You represent and warrant that:

• You own or have the necessary licences, rights, and permissions to submit the Content and to grant Mindset Ltd the licence described in Section 8.4.
• The Content does not and will not infringe any Intellectual Property Rights, privacy rights, or other rights of any third party.
• The Content is not unlawful, harmful, defamatory, obscene, or otherwise in breach of applicable law or these Terms.

11.3 Mindset Ltd reserves the right, without obligation, to remove any Content that we reasonably believe violates these Terms or applicable law, or that we are required to remove by a competent authority.

12. Availability and Maintenance

12.1 Mindset Ltd endeavours to make the Services available at all times, but does not guarantee uninterrupted availability. The Services may be subject to disruptions resulting from:

• Scheduled maintenance, for which we will endeavour to provide advance notice where practicable.
• Emergency maintenance required to address security vulnerabilities or critical defects.
• Events outside our reasonable control, including but not limited to failures of third-party infrastructure, telecommunications disruptions, and force majeure events.

12.2 Mindset Ltd does not warrant that the Services will be error-free or that defects will be corrected within any particular timeframe. We will use reasonable efforts to restore service as promptly as possible following any unplanned interruption.

12.3 We may modify, suspend, or discontinue any aspect of the Services at any time. Where we plan to discontinue a feature or the Services entirely, we will provide reasonable advance notice to allow you to make alternative arrangements.

12.4 Enforcement features depend on operating system functionality and may be affected by changes to iOS, Android, or device-specific software. We will endeavour to maintain compatibility with current versions of supported operating systems but do not guarantee support for all devices or operating system versions.

13. Changes to These Terms

13.1 Mindset Ltd reserves the right to update or modify these Terms at any time. We will notify you of material changes by:

• Displaying a prominent notification within the Application.
• Sending an email to your registered email address.
• Publishing the updated Terms at mindsetapp.io/terms with the new effective date clearly indicated.

13.2 We will provide at least thirty (30) days' notice before any material changes take effect. If you do not agree with any change, you may close your Account before the effective date and the previous version of the Terms will continue to govern any claims that arose before that date.

13.3 Continued use of the Services after the effective date of any update constitutes your acceptance of the updated Terms.

13.4 Where a change to these Terms requires your consent as a matter of law, we will seek that consent separately before the change takes effect.

13.5 Previous versions of these Terms are available upon request by contacting hello@mindsetapp.io.

14. Suspension and Termination

14.1 Termination by You

You may terminate your relationship with Mindset Ltd and close your Account at any time by contacting hello@mindsetapp.io. Closing your Account does not entitle you to a refund of any prepaid subscription fees except as provided in Section 5.5.

14.2 Suspension or Termination by Mindset Ltd

Without limiting any other right available to us, Mindset Ltd may suspend or terminate your Account and access to the Services at any time with or without notice if:

• You breach any provision of these Terms or any other agreement between you and Mindset Ltd.
• We reasonably suspect that you have engaged in fraudulent, abusive, or unlawful activity in connection with the Services.
• We are required to do so by applicable law, court order, or a regulatory authority.
• Your Account has been inactive for an extended period and you have not responded to our communications.
• We discontinue the Services in whole or in part.

Where practicable and where doing so would not compromise security or the rights of other users, we will provide notice of suspension or termination and an opportunity to address the issue before taking action.

14.3 Effect of Termination

Upon termination of your Account for any reason:

• Your licence to use the Application and Services ceases immediately.
• You must delete all copies of the Application from your devices.
• Any rights or licences granted to Mindset Ltd in relation to your Content survive to the extent necessary to complete any pending operations and comply with legal obligations.
• Any accrued rights, any provision of these Terms that by its nature should survive termination, and any obligation that arises from events occurring prior to termination, will survive termination of these Terms.

Termination does not affect any claim that has already arisen between the parties.

15. Disclaimers

15.1 The Services are provided "as is" and "as available" without warranty of any kind, express, implied, or statutory. To the maximum extent permitted by applicable law, Mindset Ltd disclaims all warranties, including but not limited to:

• any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement;
• any warranty that the Services will be uninterrupted, timely, secure, or error-free;
• any warranty as to the accuracy, reliability, or completeness of information provided through the Services;
• any warranty that defects in the Services will be corrected within any particular timeframe.

15.2 Mindset Ltd does not warrant that enforcement features will prevent access to blocked content in all circumstances or on all device configurations. Operating system changes, device-specific behaviour, or technical workarounds may affect the reliability of enforcement in ways outside our control. We describe our enforcement features accurately and honestly. We do not represent them as technically unbypassable.

15.3 Nothing in this Section affects any non-excludable statutory guarantee or warranty to which you are entitled under applicable consumer protection law, including the Consumer Rights Act 2015 (UK), the Australian Consumer Law, or equivalent legislation in your jurisdiction.

16. Indemnification

16.1 You agree to indemnify, defend, and hold harmless Mindset Ltd and its officers, directors, employees, agents, licensors, and service providers from and against any claim, liability, loss, damage, cost, or expense (including reasonable legal fees) arising from or relating to:

• your use of the Services or any use made through your Account;
• your breach of any provision of these Terms;
• your breach of any applicable law;
• any Content you submit through the Services;
• any claim by a third party arising from your use of the Services, including any claim arising from your deployment of the Services as an Institutional User; or
• your infringement of the rights of any third party, including Intellectual Property Rights and privacy rights.

16.2 Mindset Ltd reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defences.

17. Force Majeure

17.1 Mindset Ltd shall not be in breach of these Terms nor liable for any delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from a Force Majeure Event.

17.2 A "Force Majeure Event" means any event beyond our reasonable control, including but not limited to: acts of God; flood; drought; earthquake; epidemic or pandemic; fire; war; terrorism; civil unrest; riot; strikes or industrial disputes (other than our own employees); failure of third-party internet services, telecommunications infrastructure, or hosting providers; and actions of government authorities.

17.3 We will use reasonable endeavours to mitigate the effects of any Force Majeure Event and to resume performance as soon as practicable. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the affected Services on thirty (30) days' written notice.

18. Feedback and Suggestions

18.1 We welcome feedback, suggestions, and ideas about the Services. If you submit feedback to us, whether by email, through the Application, or by any other means, you agree that:

• Such feedback does not constitute confidential information and we have no obligation to treat it as such.
• We are free to use, implement, publish, or modify the feedback in any manner and for any purpose without restriction or compensation to you.
• You waive any moral rights you may have in the feedback to the extent permitted by applicable law.

18.2 Submitting feedback does not create any employment, agency, partnership, or other relationship between you and Mindset Ltd.

19. Limitation of Liability

19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDSET LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION:

• loss of profits, revenue, or business;
• loss of data or corruption of data;
• loss of goodwill or reputation;
• business interruption; or
• loss of anticipated savings.

19.2 NOTWITHSTANDING THE FOREGOING, MINDSET LTD'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MINDSET LTD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (B) ONE HUNDRED POUNDS STERLING (£100).

19.3 Nothing in these Terms excludes or limits Mindset Ltd's liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any liability that cannot lawfully be excluded or limited under applicable law, including under the Consumer Rights Act 2015 (UK); or
• any liability arising under Part I of the Consumer Protection Act 1987 (UK).

19.4 If you are a consumer resident in the European Union, nothing in these Terms affects your rights under the mandatory consumer protection laws of your member state.

19.5 The limitations in this Section apply whether or not Mindset Ltd has been advised of the possibility of such loss or damage, and reflect a reasonable allocation of risk between the parties. The Services are provided at the stated subscription price partly in reliance on these limitations.

20. Complaints and Dispute Resolution

20.1 Informal Resolution

If you have a complaint or dispute relating to the Services, please contact us first at hello@mindsetapp.io with the subject line "Complaint." We take all complaints seriously and will acknowledge receipt within three business days. We will endeavour to investigate and provide a substantive response within fifteen business days. We believe that most disputes can be resolved through open and constructive communication, and we encourage you to contact us before taking any formal steps.

20.2 Alternative Dispute Resolution

If we are unable to resolve a complaint to your satisfaction through our internal process, and you are a consumer resident in the United Kingdom, you may be able to refer the matter to an alternative dispute resolution (ADR) body. Details of available ADR schemes will be provided in our response to your complaint. If you are a consumer resident in the European Union, you may use the European Commission's Online Dispute Resolution platform, accessible at ec.europa.eu/consumers/odr.

20.3 Formal Proceedings

Nothing in this Section limits your right to bring formal legal proceedings at any time in accordance with Section 21.

21. Governing Law and Jurisdiction

21.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

21.2 Subject to Sections 21.3 and 21.4, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

21.3 If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of Scotland or Northern Ireland respectively.

21.4 If you are a consumer resident in a European Union member state, you may also bring proceedings in the courts of your country of habitual residence, to the extent that mandatory consumer protection law in that country provides you with the right to do so. Nothing in these Terms restricts any right you may have as a consumer under the mandatory laws of your country of residence.

21.5 Institutional Users who have entered into a separate written agreement with Mindset Ltd should refer to the governing law and jurisdiction provisions of that agreement, which will prevail over this Section to the extent of any inconsistency.

21.6 The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

22. Export Controls and Sanctions

22.1 You may not use, export, or re-export the Application or Services except as permitted by applicable law, including the export laws and regulations of the United Kingdom, the European Union, and the United States.

22.2 You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country that is subject to applicable trade sanctions or export control restrictions; and (b) you are not named on any list of prohibited or restricted parties maintained by the United Kingdom, European Union, United Nations, or United States government.

22.3 You agree that you will not use the Services for any purpose prohibited by applicable export control or sanctions law, including in connection with the development, production, or use of weapons of mass destruction or other prohibited activities.

23. United States Government Users

23.1 If you are accessing the Services on behalf of any United States federal, state, or local government entity, or on behalf of any federal, state, or local government contractor, the following additional terms apply. The Application and related documentation constitute "Commercial Items" as defined at 48 C.F.R. §2.101, comprising "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are defined at 48 C.F.R. §12.212 and 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, the Application and documentation are licensed to US Government end users only as Commercial Items, with only those rights as are granted to all other users pursuant to these Terms.

24. Email Communications and CAN-SPAM Compliance

24.1 Mindset Ltd may send you transactional and promotional emails relating to the Services. Transactional emails — including subscription confirmations, billing notices, security alerts, and service announcements — are sent as part of delivering the Services and cannot be opted out of without closing your Account.

24.2 Where we send you promotional or marketing emails, you have the right to opt out at any time. To unsubscribe from promotional communications, follow the unsubscribe link included in each email or contact us at hello@mindsetapp.io. Opt-out requests will be processed within ten (10) business days. Please note that opting out of marketing emails does not affect your receipt of transactional communications.

24.3 For users based in the United States, our email practices comply with the CAN-SPAM Act of 2003. Each commercial email we send clearly identifies the sender, includes a physical or electronic mailing address, and provides a clear mechanism to opt out of future commercial communications.

25. Do Not Track

25.1 The Mindset mobile Application does not use web-based tracking technologies. Our website (mindsetapp.io) may respond to browser-based "Do Not Track" (DNT) signals; however, there is currently no universally accepted standard for how online services should respond to such signals, and our response to DNT signals may be limited as a result.

25.2 For users of our website in the European Union and United Kingdom, we seek your consent for any non-essential cookies or tracking technologies before deploying them. For further information about our use of cookies and tracking, see Section 13 of our Privacy Policy.

26. General Provisions

26.1 Entire Agreement: These Terms, together with our Privacy Policy and End User Licence Agreement, constitute the entire agreement between you and Mindset Ltd with respect to the Services and supersede all prior agreements, representations, negotiations, and understandings, whether oral or written, relating to the same subject matter. This does not affect any separate written agreement between Mindset Ltd and an Institutional User, which prevails to the extent of any inconsistency with these Terms.

26.2 Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

26.3 Waiver: No failure or delay by Mindset Ltd to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. Any waiver must be in writing and signed by an authorised representative of Mindset Ltd.

26.4 Assignment: You may not assign, transfer, novate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Mindset Ltd. Mindset Ltd may assign or transfer its rights and obligations under these Terms at any time, including in connection with a merger, acquisition, restructuring, or sale of assets, on written notice to you.

26.5 Third-Party Rights: These Terms do not create any rights that are enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any affiliate of Mindset Ltd may enforce any provision of these Terms that confers a benefit on it.

26.6 Relationship of Parties: Nothing in these Terms creates or implies any employment, agency, partnership, joint venture, franchise, or fiduciary relationship between you and Mindset Ltd.

26.7 Notices: Any notice from you to Mindset Ltd under these Terms must be in writing and sent to hello@mindsetapp.io. Any notice from Mindset Ltd to you will be sent to the email address registered to your Account. Notices sent by email are deemed received at the time of transmission, provided no error message is received.

26.8 Language: These Terms are written in English. Where these Terms have been translated, in the event of any inconsistency between the English version and any translation, the English version shall prevail.

26.9 Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

27. Contact Us

For all enquiries, complaints, legal notices, and correspondence relating to these Terms:

Mindset Ltd

Registered in England and Wales

Email: hello@mindsetapp.io

Website: mindsetapp.io

We aim to respond to all legal and contractual enquiries within five business days and to all general enquiries within three business days.

Mindset Ltd · Terms of Service · Version 1.0 · 27 March 2026

Governed by the laws of England and Wales. Registered in England and Wales. © 2026 Mindset Ltd. All rights reserved.

For the current version of these Terms, visit mindsetapp.io/terms