TERMS AND CONDITIONS

AGREEMENT TO TERMS

By accessing and using the Pro Mindful Notes website (referred to as the "Site"), you agree to be bound by these Terms and Conditions, forming a legally binding agreement between you and Pro Mindful Notes ("we," "us," or "our"). It is important to read and understand these Terms and Conditions fully before using the Site.

If you do not agree with any part of these terms, you are expressly prohibited from using the Site and must discontinue use immediately. Any supplemental terms or documents posted on the Site are also incorporated herein by reference. We reserve the right to modify these Terms and Conditions at any time and for any reason, and your continued use of the Site after such changes constitutes acceptance of the revised terms. Please review these terms periodically to stay informed of any updates.

The information provided on the Site is not intended for distribution or use in jurisdictions where such actions would be unlawful. Users accessing the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

The Site is intended for users aged 13 and above. Minors must obtain parental or guardian permission and supervision to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use before you can use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless stated otherwise, the Site is our exclusive property. All Content, including source code, databases, software, designs, audio, video, text, photographs, and graphics, as well as the Marks, are either owned by us or licensed to us. They are protected by copyright, trademark, and other intellectual property laws. The Content and Marks are provided on the Site "AS IS" for your personal use and information only. Except as expressly permitted in these Terms of Use, no part of the Site, Content, or Marks may be used for any commercial purpose without our prior written consent.

If you are eligible to use the Site, you are granted a limited license to access and use it for personal, non-commercial purposes. We reserve all rights not explicitly granted to you regarding the Site, Content, and Marks.

USER REPRESENTATIONS

By using the Site, you affirm and guarantee that: (1) all registration details you provide are truthful, accurate, up-to-date, and complete; (2) you will maintain the accuracy of this information and promptly update it as needed; (3) you have the legal capacity and agree to adhere to these Terms of Use; (4) you are not under 13 years old; (5) you are not considered a minor in your jurisdiction[, or if you are a minor, you have obtained parental consent to use the Site]; (6) you will not access the Site using automated or non-human methods, such as bots or scripts; (7) you will not use the Site for unlawful or unauthorized purposes; and (8) your use of the Site will not breach any applicable laws or regulations. If you provide any false, inaccurate, outdated, or incomplete information, we reserve the right to suspend or terminate your account and deny you access to the Site, either temporarily or permanently.

USER REGISTRATION

Registration with the Site may be necessary. You commit to maintaining the confidentiality of your password and assume responsibility for all activities carried out using your account and password. We retain the right to delete, reclaim, or modify any username you choose if we deem, at our sole discretion, that it is inappropriate, indecent, or objectionable.

PROHIBITED ACTIVITIES

You may only use the Site for its intended purpose, as determined by us. It may not be utilized for any commercial activities unless explicitly authorized or endorsed by us.

As a user of the Site, you agree not to:

• Do not systematically retrieve data or other content from the Site to create collections, compilations, databases, or directories without written permission from us.
• Refrain from making any unauthorized use of the Site, including gathering usernames or email addresses of users for unsolicited emails or creating user accounts through automated means or false pretenses.
• Avoid using a buying agent or purchasing agent to make purchases on the Site.
• Do not utilize the Site for advertising or offering to sell goods and services.
• Do not circumvent, disable, or otherwise interfere with security-related features of the Site, including those that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Do not engage in unauthorized framing of or linking to the Site.
• Do not trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Do not make improper use of our support services or submit false reports of abuse or misconduct.
• Do not engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Do not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Do not attempt to impersonate another user or person or use the username of another user.
• Do not sell or otherwise transfer your profile.
• Do not use any information obtained from the Site to harass, abuse, or harm another person.
• Do not use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Do not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Do not attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Do not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Do not delete the copyright or other proprietary rights notice from any Content.
• Do not copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Do not upload or transmit viruses, Trojan horses, or other harmful material, or engage in spamming that interferes with any party’s uninterrupted use and enjoyment of the Site.
• Do not upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
• Do not use, launch, develop, or distribute any automated system that accesses the Site without our authorization.
• Do not disparage, tarnish, or otherwise harm us and/or the Site.
• Do not use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site may offer opportunities for you to engage in chats, contribute to blogs, participate in message boards, online forums, and other interactive features. You may also have the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Site, collectively referred to as "Contributions." These Contributions may be visible to other users of the Site and on third-party websites. Therefore, any Contributions you share may be considered non-confidential and non-proprietary.

By creating or sharing Contributions, you affirm and guarantee that:

1. Your Contributions do not infringe upon the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third party.
2. You are the rightful creator and owner of, or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users of the Site to use your Contributions in accordance with the Site's terms and conditions.
3. You have obtained written consent, release, and/or permission from every identifiable individual person featured in your Contributions to utilize their name or likeness as necessary for the inclusion and use of your Contributions as outlined by the Site and these Terms of Use.
4. Your Contributions are truthful, accurate, and not misleading.
5. Your Contributions are not unsolicited or unauthorized advertisements, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions do not contain obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable content, as determined by us.
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any individual or group.
8. Your Contributions do not promote the violent overthrow of any government or incite, encourage, or threaten physical harm against another person.
9. Your Contributions comply with all applicable laws, regulations, and rules.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not solicit personal information from individuals under the age of 18 or exploit minors in a sexual or violent manner.
12. Your Contributions do not violate any laws concerning child pornography or the protection of minors' health or well-being.
13. Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not violate any provision of these Terms of Use or any applicable law or regulation, nor do they contain links to material that violates these terms or laws.

Violation of the above conditions constitutes a breach of these Terms of Use and may lead to the termination or suspension of your rights to access and use the Site, among other consequences.

CONTRIBUTION LICENSE

By posting your Contributions on any part of the Site or linking your account from the Site to your social networking accounts, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, reproduce, sell, publish, broadcast, publicly perform, publicly display, distribute, and create derivative works of your Contributions for any purpose, commercial or otherwise. This license includes the right to use your name, company name, franchise name, trademarks, service marks, trade names, logos, images, and any other content you provide. You waive all moral rights in your Contributions.

We do not claim ownership of your Contributions, and you retain full ownership of them along with any associated intellectual property rights. We are not responsible for any statements or representations made in your Contributions. You are solely responsible for your Contributions, and you agree to release us from any liability and refrain from taking legal action against us regarding your Contributions.

We reserve the right to edit, categorize, or delete any Contributions at our sole discretion, without notice. We are not obligated to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may offer sections on the Site where you can leave reviews or ratings. When posting a review, please adhere to the following guidelines: (1) Base your review on firsthand experience with the person or entity being reviewed; (2) Avoid using offensive language, profanity, or hate speech; (3) Refrain from making discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) Do not include references to illegal activities; (5) Do not post negative reviews if you are affiliated with competitors; (6) Avoid making conclusions about the legality of conduct; (7) Ensure your statements are truthful and not misleading; and (8) Do not organize campaigns to encourage others to post reviews, whether positive or negative.

We reserve the right to accept, reject, or remove reviews at our discretion. We are not obligated to screen or delete reviews, even if they are deemed objectionable or inaccurate. Reviews do not necessarily reflect our opinions or those of our affiliates or partners. We do not assume responsibility for any review or resulting claims, liabilities, or losses. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and distribute all content related to the reviews.

APPLICATION LICENSE (Use License)

If you access the Site through a mobile application, you are granted a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you. This usage must strictly adhere to the terms and conditions outlined in this mobile application license within these Terms of Use.

You agree not to:

1. Attempt to decompile, reverse engineer, disassemble, or decrypt the application.
2. Make any modifications, adaptations, improvements, enhancements, translations, or derivative works from the application.
3. Violate any applicable laws, rules, or regulations while accessing or using the application.
4. Remove, alter, or obscure any proprietary notices posted by us or the licensors of the application, including notices of copyright or trademark.
5. Use the application for any revenue-generating activity, commercial enterprise, or other purposes not intended or designed for.
6. Distribute the application over a network or environment allowing access or use by multiple devices or users simultaneously.
7. Employ the application to create a product, service, or software that directly or indirectly competes with or serves as a substitute for the application.
8. Utilize the application to send automated queries to any website or unsolicited commercial emails.
9. Incorporate any proprietary information, interfaces, or intellectual property owned by us into the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

SOCIAL MEDIA

As part of the Site's functionality, you have the option to link your account with third-party service providers' online accounts (each referred to as a "Third-Party Account") by either: (1) providing your Third-Party Account login information directly through the Site; or (2) granting us access to your Third-Party Account, in accordance with the terms and conditions governing your use of each Third-Party Account. You confirm that you have the right to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without violating any terms and conditions governing your use of the relevant Third-Party Account, and without obligating us to pay any fees or adhere to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you acknowledge that (1) we may access, retrieve, and store (if applicable) any content you have provided to and stored in your Third-Party Account ("Social Network Content"), making it available on and through the Site via your account, including, but not limited to, any friend lists; and (2) we may provide additional information to and receive information from your Third-Party Account to the extent notified when linking your account with the Third-Party Account. Depending on the Third-Party Accounts you select and subject to the privacy settings you have configured in those Third-Party Accounts, personally identifiable information you post to your Third-Party Accounts may be accessible on and through your account on the Site.

Please be aware that if a Third-Party Account or its associated service becomes unavailable, or if our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be accessible on and through the Site. You retain the option to disconnect your account on the Site from your Third-Party Accounts at any time.

IT'S IMPORTANT TO NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS LINKED TO YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THOSE THIRD-PARTY SERVICE PROVIDERS. We do not review Social Network Content for any purpose, including accuracy, legality, or non-infringement, and we are not liable for any Social Network Content.

You acknowledge and consent that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet solely to identify and inform you about contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the provided contact information or through your account settings (if applicable). We will make efforts to delete any information obtained through such Third-Party Account stored on our servers, except for the username and profile picture associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and will become our sole property. We will possess exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledging or compensating you. By providing such Submissions, you waive all moral rights associated with them, and you confirm that they are original to you or that you have the right to submit them. You agree not to hold us liable for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may include links to other websites ("Third-Party Websites") and feature content from third parties ("Third-Party Content"), such as articles, photographs, text, graphics, music, videos, applications, and software. We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or for any Third-Party Content posted on, available through, or installed from the Site, including its content, accuracy, opinions, reliability, privacy practices, or other policies.

The inclusion of links to Third-Party Websites or the availability of Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms of Use no longer apply. You should review the terms, policies, and practices of any website you visit or any application you use/install from the Site, including their privacy practices.

Any purchases made through Third-Party Websites are solely between you and the third-party company, and we are not responsible for such transactions. We do not endorse the products or services offered on Third-Party Websites, and you agree to hold us harmless from any harm resulting from your purchases. Additionally, you agree to hold us harmless from any losses or harm resulting from Third-Party Content or interactions with Third-Party Websites.

SITE MANAGEMENT

We retain the right, though not the obligation, to:

1. Monitor the Site for breaches of these Terms of Use.
2. Take appropriate legal action against anyone who, at our sole discretion, violates the law or these Terms of Use, including reporting such users to law enforcement authorities.
3. Refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof, at our sole discretion and without limitation.
4. Remove from the Site or disable all files and content that are excessively large or burdensome to our systems, at our sole discretion and without notice or liability.
5. Otherwise manage the Site to protect our rights and property and ensure its proper functioning.

PRIVACY POLICY

We prioritize data privacy and security. Kindly review our Privacy Policy for more details. By accessing the Site, you consent to abide by our Privacy Policy, which is an integral part of these Terms. Please note that the Site is hosted in the country.

TERM AND TERMINATION

These Terms of Use will continue to apply as long as you use the Site. Alongside other provisions in these Terms, we reserve the right, at our sole discretion and without prior notice or liability, to deny access to and use of the Site, including blocking specific IP addresses, to any individual for any reason or for no reason. This includes breaches of representations, warranties, or covenants outlined in these Terms or any applicable laws or regulations. We may terminate your use of the Site or remove your account and any associated content or information posted by you, at any time and without warning, at our sole discretion.

If we terminate or suspend your account, you are prohibited from creating a new account under your name, a false name, or the name of any third party, even if you are acting on behalf of that third party. In addition to account termination or suspension, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.

MODIFICATIONS AND INTERRUPTIONS

We retain the right to alter, modify, or remove the content on the Site at our discretion, without prior notice. However, we are not obligated to update any information on the Site. Additionally, we reserve the right to change or discontinue the Site, in whole or in part, without notice. We will not be liable to you or any third party for any changes, price adjustments, suspensions, or terminations of the Site.

We cannot guarantee uninterrupted availability of the Site. Technical issues or maintenance may cause interruptions, delays, or errors. We may change, revise, update, suspend, discontinue, or otherwise modify the Site at any time, without notifying you. You agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site during downtime or discontinuance. These Terms of Use do not require us to maintain or support the Site or provide any updates or corrections.

GOVERNING LAW

These Terms of Use and your usage of the Site are governed by and interpreted in accordance with the laws of the county, without consideration of its conflict of law principles, governing agreements made and to be fully executed.

CORRECTIONS

Information on the Site may include typographical errors, inaccuracies, or omissions, particularly concerning descriptions, pricing, availability, and other details. We retain the right to rectify any such errors, inaccuracies, or omissions and to modify or update the information on the Site without prior notification.

DISCLAIMER

The Site is provided on an as-is and as-available basis. You agree that your use of the Site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to this Site, and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage resulting from your access to and use of the Site, unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein, interruption or cessation of transmission to or from the Site, any bugs, viruses, Trojan horses, or the like transmitted to or through the Site by any third party, or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

Under no circumstances will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever, regardless of the form of the action, is limited.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, along with our subsidiaries, affiliates, and all officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, brought by any third party due to or arising out of: (1) your Contributions; (2) your use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties stated herein; (5) your infringement of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

USER DATA

We will retain certain data that you send to the Site to manage its operations, along with data regarding your Site usage. While we conduct regular backups of data, you bear sole responsibility for all data you send or that pertains to any actions you undertake on the Site. You acknowledge that we bear no liability to you for any loss or corruption of such data, and you hereby relinquish any claims against us arising from any such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

When you visit the Site, send us emails, or fill out online forms, you engage in electronic communications. By doing so, you consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, either via email or on the Site, fulfill any legal requirement for written communication. YOU ALSO CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. By agreeing to this, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature or the delivery or retention of non-electronic records, or require payments or the granting of credits by any means other than electronic methods.

MISCELLANEOUS

These Terms of Use, along with any policies or operating rules posted on the Site by us, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be considered a waiver of such right or provision. These Terms of Use are enforceable to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be interpreted against us simply because we drafted them. By agreeing to these Terms of Use, you waive any and all defenses you may have based on the electronic form of these Terms of Use and the absence of physical signatures from the parties involved.

CONTACT US

To address any complaints about the Site or to obtain additional information about its usage, please reach out to us at support@promindfulnotes.com or at the Contact us page.