Terms and Conditions
1. Who We Are and What These Terms Cover
These Terms and Conditions ("Terms") govern your access to and use of the website https://mindandsoul.institute/ (the "Website") and any content, features, and functionality made available through it (collectively, the "Service"). The Service is operated by Mind and Soul Institute Corp, a corporation organized under the laws of the State of Texas, USA, with its address at 5900 Balcones Drive STE 100, Austin, TX 78731, USA ("Company", "we", "us", or "our").
The purchase of paid services and digital products (courses, sessions, programs, webinars, and subscriptions) is additionally governed by our Service Agreement and our Refund and Cancellation Policy, which are incorporated into these Terms by reference. Our Privacy Policy describes how we handle personal data. In the event of a conflict between these Terms and the Service Agreement with respect to paid services, the Service Agreement prevails; in the event of a conflict between the Service Agreement and the description of a specific service on its order page ("Service Page"), the Service Page prevails.
2. Acceptance and Eligibility
By accessing or using the Service, or by checking a box indicating your acceptance, you agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old to use the Service. The Service is not directed to, and the Company does not knowingly collect information from, anyone under 18 years of age. By using the Service you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract.
3. Accounts
You may be required to create an account to access certain features. You agree to: (a) provide accurate, current, and complete information; (b) keep your credentials confidential and not share your account with any third party; and (c) accept responsibility for all activity under your account. Notify us immediately of any unauthorized use. We may suspend or terminate accounts that contain false information, are shared in violation of these Terms, or are used in a way that compromises the security or integrity of the Service.
4. User Content
The Service may allow you to post, upload, or share content, including comments and materials submitted in the course of courses or group programs ("User Content"). You retain ownership of your User Content. You grant the Company a non-exclusive, worldwide, royalty-free license to host, use, reproduce, modify, and display your User Content solely for the purposes of operating, providing, and improving the Service. This license ends when your User Content is deleted, except for copies retained in routine backups or as required by law.
You represent and warrant that you own or have the necessary rights to your User Content, that it does not violate any law or infringe the rights of any third party, and that it does not contain malicious code. We may remove any User Content that violates these Terms or that we reasonably consider objectionable, and we are under no obligation to publish or use any User Content.
5. Acceptable Use
You agree not to: (a) use the Service for any unlawful purpose; (b) copy, record, download (except where a download function is expressly provided), distribute, resell, or publicly share any course materials, meditations, recordings, or other Company content; (c) share your account or purchased access with others; (d) harass, abuse, or harm other participants or staff; (e) record live sessions or group events without the Company’s prior written consent; (f) interfere with or disrupt the Service or attempt to gain unauthorized access to it; or (g) use automated means to scrape or collect data from the Service.
6. Intellectual Property
The Service and all of its content — including courses, meditations, video and audio recordings, texts, methods, workbooks, visual design, trademarks, and logos — are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited personal license granted under the Service Agreement for purchased services, nothing in these Terms grants you any right, title, or interest in the Service or its content. Unauthorized use may result in termination of access without refund and legal action.
7. Copyright Complaints (DMCA Policy)
We respect the intellectual property rights of others. If you believe that content available on the Service infringes your copyright, please send a notice to our Designated Copyright Agent: [NAME], [ADDRESS], email: [EMAIL]. Your notice must comply with 17 U.S.C. § 512(c)(3) and include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Service; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature.
We will respond to valid notices by removing or disabling access to the identified material and, where appropriate, notifying the user who posted it. Users may submit a counter-notice under 17 U.S.C. § 512(g). We maintain a policy of terminating, in appropriate circumstances, the accounts of repeat infringers.
8. Feedback
If you submit feedback, ideas, or suggestions, you grant us the right to use, modify, and implement them without restriction or obligation to compensate you. You represent that your feedback does not infringe the rights of any third party.
9. Promotions, Contests, and Sweepstakes
Promotions, contests, or sweepstakes offered through the Service may be subject to additional rules made available at the time of the promotion. Where such rules conflict with these Terms, the promotion rules govern for that promotion. Participation may be restricted by geography or other eligibility criteria, and winners may be announced publicly as described in the applicable rules.
10. Third-Party Links and Services
The Service may contain links to third-party websites or services that we do not own or control. We assume no responsibility for the content, policies, or practices of any third party, and you access third-party resources at your own risk. Payment processing is provided by Stripe; we do not store your full payment card details.
11. Termination
We may suspend or terminate your access to the Service, without prior notice, if you materially breach these Terms, the Service Agreement, or applicable law. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) survive. The effect of termination on paid services and any refunds is governed by the Service Agreement and the Refund and Cancellation Policy; nothing in this section limits any non-waivable consumer rights.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT.
Important — nature of our services. The Company provides educational and self-development content and services that combine psychology-informed approaches, coaching, and spiritual (esoteric) practices. Our services are not medical care, psychotherapy, counseling, or any other licensed healthcare or mental health service, and no provider–patient or therapist–client relationship is created. Our content is not a substitute for professional diagnosis or treatment. If you are experiencing a mental health crisis or thoughts of self-harm, do not use the Service for help: in the United States, call or text 988 (Suicide & Crisis Lifeline) or call 911; outside the United States, contact your local emergency services. See the Service Agreement and our Disclaimer for the full statement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of statutory consumer rights, so some of the above exclusions may not apply to you. In such cases the exclusions apply to the greatest extent permitted by law.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (USD 100).
Some states and countries do not allow the exclusion or limitation of certain damages; in those jurisdictions, the Company’s liability is limited to the greatest extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your breach of these Terms or the Service Agreement; or (c) your violation of any law or the rights of a third party. This section does not apply to consumers to the extent prohibited by applicable law.
15. Governing Law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. If you are a consumer habitually resident in the European Union, the United Kingdom, or another jurisdiction whose laws grant you non-waivable consumer protections, you additionally benefit from the mandatory provisions of the law of your country of residence, and nothing in this section deprives you of that protection.
16. Dispute Resolution; Binding Arbitration; Class Action Waiver
Informal resolution first. Before filing any claim, you agree to contact us at info@mindandsoul.institute with a written description of the dispute and give us thirty (30) days to attempt to resolve it informally.
Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Service Agreement, or the Service that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English, by a single arbitrator, by videoconference or, if an in-person hearing is required, in Travis County, Texas, or another mutually agreed location. Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions. Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property.
Class action and jury waiver. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Claims may be brought only in an individual capacity. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder of this section remains in effect.
Opt-out. You may opt out of this arbitration agreement by emailing info@mindandsoul.institute with the subject "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms, stating your name and the email associated with your account. Opting out of arbitration does not affect any other provision of these Terms.
Consumers in the EU and UK. This Section 16 does not apply to you to the extent that mandatory law of your country of residence prohibits pre-dispute arbitration agreements with consumers or guarantees you access to your local courts. You may bring proceedings in the courts of your country of residence, and we may bring proceedings against you only in that country.
17. United States Legal Compliance
You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist supporting" country, and (b) you are not listed on any United States government list of prohibited or restricted parties. You agree to comply with all applicable export control laws.
18. General Provisions
Entire agreement. These Terms, together with the Service Agreement, the Refund and Cancellation Policy, the Privacy Policy, the Disclaimer, and the applicable Service Pages, constitute the entire agreement between you and the Company regarding the Service. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in force. Waiver. A failure to enforce a provision is not a waiver of it. Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. Electronic communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, and disclosures we provide electronically satisfy any legal requirement that such communications be in writing. Language. These Terms are drafted in English; any translation is provided for convenience only, and the English version prevails to the extent permitted by law.
19. Changes to These Terms
We may modify these Terms from time to time. If a change is material, we will provide at least thirty (30) days’ notice by email or prominent notice on the Website before it takes effect, and, where required by law or where the change materially affects paid services you have already purchased, we will ask for your renewed affirmative consent. Changes do not apply retroactively to purchases completed before the effective date. If you do not agree to the revised Terms, you must stop using the Service.
20. Contact
Mind and Soul Institute Corp 5900 Balcones Drive STE 100, Austin, TX 78731, USA
Email: info@mindandsoul.institute
We aim to respond to all inquiries within 5 business days. Please send requests in English for faster processing.