These Terms of Use ("Terms") govern your access to and use of the MindAware mobile application ("App") developed and operated by ChiCode ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
You must be at least 13 years of age to use MindAware. By using the App, you represent that you meet this requirement. Users between 13 and 17 years of age must have a parent or legal guardian review and agree to these Terms on their behalf.
Subject to your compliance with these Terms, ChiCode grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control, solely for your personal, non-commercial purposes.
You may not:
To access certain features, you must create an account using a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at chicodelabs@gmail.com if you suspect unauthorized access.
We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or are inactive for an extended period.
MindAware Premium unlocks the following features:
New subscribers may be offered a 5-day free trial of MindAware Premium. At the end of the trial period, your subscription will automatically convert to a paid subscription at the selected plan rate unless you cancel before the trial ends. Any unused portion of a free trial period will be forfeited when you purchase a MindAware Premium subscription.
MindAware Premium is an auto-renewing subscription. Payment will be charged to your Apple ID or Google Play account at the confirmation of purchase. Your subscription automatically renews at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. The renewal charge will be at the same rate as your current plan unless otherwise notified.
You may cancel your subscription at any time:
Cancellation takes effect at the end of the current billing period. You will continue to have access to Premium features until that date. We do not provide partial refunds for unused time within a billing period.
All purchases are processed by the Apple App Store or Google Play Store. Refund requests are subject to each platform's refund policy. ChiCode does not directly issue refunds for App Store or Play Store purchases.
MindAware includes virtual items such as Opals and Zen Leaves. These are not real currency, have no monetary value, and cannot be exchanged for cash or transferred to other users. Virtual items earned or purchased within the App are non-refundable and will be lost if your account is terminated or the App is discontinued.
The free version of MindAware displays advertisements served by Google AdMob. Premium subscribers do not see advertisements. We are not responsible for the content of third-party advertisements and do not endorse any advertised products or services.
All content in the App — including 3D assets, artwork, animations, soundscapes, music, software, source code, trademarks, and the MindAware name and logo — is the exclusive property of ChiCode or its licensors and is protected by applicable intellectual property laws. No license is granted to reproduce, distribute, publicly display, or create derivative works from any App content without our prior written consent.
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the data practices described in the Privacy Policy.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APP IS AT YOUR SOLE RISK.
MindAware is a mindfulness and focus tool, not a medical or therapeutic device. It is not intended to diagnose, treat, cure, or prevent any mental health condition. If you have mental health concerns, please consult a qualified healthcare professional.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHICODE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CHICODE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE APP EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CHICODE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) $10 USD.
You agree to indemnify, defend, and hold harmless ChiCode and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the App, your violation of these Terms, or your violation of any third-party rights.
We reserve the right to modify, suspend, or discontinue the App or any feature at any time without notice. We may also update these Terms from time to time. When we make material changes, we will update the "Last Updated" date above. Your continued use of the App after changes become effective constitutes acceptance of the revised Terms.
These Terms are governed by and construed in accordance with applicable law. Any disputes arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If unresolved, both parties agree to submit to the exclusive jurisdiction of competent courts.
To the extent permitted by law, you waive any right to participate in a class-action lawsuit or class-wide arbitration.
You acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms with respect to your use of the App on Apple-branded devices. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. ChiCode, not Apple, is solely responsible for the App and its content.
In the event of any conflict between these Terms and Apple's App Store Terms of Service, the App Store Terms of Service shall prevail with respect to App distribution. Apple has no obligation to furnish any maintenance or support services with respect to the App.
We may terminate or suspend your access to the App immediately, without prior notice, if you breach these Terms or engage in activity that harms other users, ChiCode, or third parties. Upon termination, your license to use the App ends immediately. Sections 7, 9, 10, 11, and 13 survive termination.
Questions about these Terms? We're happy to help:
ChiCode
Email: chicodelabs@gmail.com
We aim to respond to all inquiries within 5 business days.