MindStroke

These Terms of Use (the “Terms”) govern your use of our mobile application (the “App”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP.

1. Acceptance of Terms

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and us. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you are at least 13 years old. If you are between 13 and 18 years old, you represent that you have your parent or legal guardian‘s permission to use the App and agree to these Terms.

3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

This license does not grant you any ownership rights in the App. All rights not expressly granted to you are reserved by us.

4. Restrictions

You agree not to, and shall not permit any third party to:

5. User Accounts

The App does not require you to create an account. As such, no user account registration is necessary to use the App.

6. Intellectual Property

The App, including all content, features, graphics, design, and code, is owned by us and is protected by copyright, trademark, and other intellectual property laws. The App is licensed, not sold. You acknowledge that the App contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

7. User-Generated Content

The App does not allow users to submit, upload, or share content. Accordingly, we do not collect or store any user-generated content.

8. In-App Purchases

The App may offer in-app purchases. All in-app purchases are final and non-refundable unless otherwise required by applicable law. We reserve the right to change prices for in-app purchases at any time without prior notice.

If your purchase is subject to automatic renewal (subscription), we will provide clear disclosure of:

You may cancel a subscription at any time through your device‘s settings. Cancellation will take effect at the end of the current billing period. California law requires that we provide clear disclosures regarding automatic renewal and an easy way to cancel.

9. Privacy

Your privacy is important to us. Our Privacy Policy, available at [Privacy Policy URL], explains how we collect, use, and protect your information. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.

10. Third-Party Services

The App may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party services is at your own risk.

11. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.

We do not warrant that:

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE APP, OR ONE HUNDRED U.S. DOLLARS ($100.00) IF YOU HAVE NOT MADE ANY PAYMENTS.

13. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys‘ fees) arising out of or in connection with:

14. Termination

We reserve the right to terminate or suspend your access to the App at any time, with or without cause, with or without notice. Upon termination, your right to use the App will immediately cease.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the App shall be resolved exclusively in the state or federal courts located in San Francisco, California. You agree to submit to the personal jurisdiction of such courts.

California Residents: If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede all prior agreements and understandings.

19. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Email: smarttrain@yeah.net