These Terms of Service ("Terms") are an agreement between you and Devin Wright, a sole proprietor located in California ("Minducate," "we," "us," or "our"), covering your use of the Minducate mobile app and the minducate.app website (together, the "Service"). Please read them. By using the Service, you agree to these Terms.

1. Accepting these Terms

By downloading, opening, or using the Service, you accept these Terms and our Privacy Policy, which is part of this agreement. If you do not agree, please do not use the Service.

2. Who may use Minducate

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. By using the Service, you confirm that you meet these requirements and that you are not barred from using it under applicable law.

3. Educational content only, not medical advice

This section matters more than any other in these Terms.

Minducate provides general educational information about wellness topics. It is not medical, psychological, psychiatric, or other professional health advice, diagnosis, or treatment, and using the Service does not create a doctor-patient, therapist-client, or other professional relationship.

Do not use the Service as a substitute for care from a qualified professional, and never disregard or delay seeking professional advice because of something you read, heard, or completed in Minducate. Always talk to a qualified provider about your own situation before acting on anything here.

We aim to base our content on published research and to describe it accurately, but we make no promise that any information is complete, current, or right for you specifically, and individual results vary. Any reference to a study, practice, technique, or resource is not an endorsement or a recommendation that you personally try it.

If you are in crisis or think you may have a medical emergency, contact your local emergency services immediately. In the US, you can call or text 988 (Suicide & Crisis Lifeline). The Service is not designed for emergencies, is not monitored, and no one at Minducate will see or respond to anything you enter in the app.

4. Your account

You can use Minducate anonymously, without an account. If you choose to create one, you agree to provide accurate information, to keep your login credentials secure, and not to share your account with anyone else. You are responsible for what happens under your account. Tell us promptly at [email protected] if you believe your account has been used without your permission.

You can delete your account at any time from inside the app, under Profile → Account → More → Delete Account. Deletion works with a 30-day grace period, described in our Privacy Policy.

5. Acceptable use

Please use the Service the way it is meant to be used. You agree not to:

• Copy, reproduce, republish, sell, or distribute our content, except as section 6 allows.
• Use the Service or its content to build, train, or improve any product, dataset, or machine-learning model, or to scrape or systematically collect it by automated means.
• Break, probe, or work around any security, access, or rate-limiting measure, or access accounts or data that are not yours.
• Interfere with the Service's normal operation, including by overloading it or introducing malicious code.
• Reverse engineer, decompile, or disassemble the app, except to the extent applicable law says you may.
• Use the Service for anything unlawful, or to harass, harm, or impersonate anyone.
• Present our content as your own, or use our name or logo in a way that suggests we endorse you.

6. Our content and your license to use it

The Service and everything in it that we provide, including the articles, audio, quizzes, badges, illustrations, the Minducate name and logo, and the software itself, is owned by us or our licensors and is protected by copyright, trademark, and other laws.

We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service and its content for your own personal, non-commercial learning. That is the only right you get. We keep all other rights.

You may share short excerpts or a link for personal, non-commercial purposes with credit to Minducate. Anything beyond that needs our written permission first, which you can ask for at [email protected].

7. Content you provide

You may give us a small amount of content, such as a display name or feedback you send us. You keep ownership of it. You give us permission to store and use it as needed to operate the Service and, for feedback and suggestions, to improve Minducate without any obligation or payment to you.

You agree that anything you provide is yours to give, does not infringe anyone else's rights, and is not offensive, misleading, or unlawful. We may remove or change a display name that violates these Terms.

8. The Service is free, and may change

Minducate is currently free, with no purchases, subscriptions, or advertising. We may change, suspend, add to, or discontinue any part of the Service, including any content or feature, at any time. If we ever introduce paid features, we will make that clear before you are asked to pay, and using them will be optional.

We do not promise that the Service will always be available, uninterrupted, or error-free, and we may need to take it down for maintenance or for reasons outside our control.

9. Services we rely on

The Service depends on third parties, including Google Firebase for accounts and syncing, Apple for Sign in with Apple and app distribution, and Resend for our website mailing list. Your use of those services is also governed by their own terms and policies. We are not responsible for third-party services, and their availability is not something we control. See our Privacy Policy for how information is handled.

10. Apple App Store

The following applies because you obtained the app from Apple's App Store:

• These Terms are between you and Minducate only, not with Apple, and Apple is not responsible for the app or its content.
• The license granted in section 6 is, for the app, a non-transferable license to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide any maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, any failure to conform to a legal requirement, or claims under consumer protection or privacy law.
• If a third party claims the app infringes their intellectual property, Minducate, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim.
• You must comply with any applicable third-party terms of agreement when using the app, such as your wireless carrier's terms of service.
• You confirm you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. Ending your use

You may stop using the Service and delete your account at any time. We may suspend or end your access, with or without notice, if you breach these Terms, or if we reasonably believe it is necessary to protect the Service, other users, or us, or to comply with law. We may also discontinue the Service generally, as described in section 8.

Sections that by their nature should survive, including sections 3, 5, 6, 7, and 12 through 17, remain in effect after your use ends.

12. Disclaimer of warranties

The Service is provided "as is" and "as available," without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from a course of dealing or usage of trade.

We do not warrant that the Service will meet your needs, that it will be uninterrupted, secure, timely, or error-free, that the information in it is accurate or reliable, or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. In that case, our warranties are limited to the minimum extent permitted by law.

13. Limitation of liability

To the fullest extent permitted by law, Minducate and Devin Wright will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service. This applies regardless of the legal theory and even if we have been advised that such damages are possible.

To the fullest extent permitted by law, our total liability for all claims relating to the Service will not exceed one hundred US dollars ($100). You acknowledge that the Service is provided free of charge and that these limits are a reasonable allocation of risk and a basis of our agreement.

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, fraud, or fraudulent misrepresentation. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Your responsibility to us

You agree to indemnify and hold harmless Minducate and Devin Wright from any third-party claims, damages, losses, and reasonable legal fees arising out of your misuse of the Service, your violation of these Terms, or your violation of the rights of another person. We will notify you of any such claim and may participate in its defense with our own counsel at our expense.

15. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You and we agree that any dispute relating to the Service will be brought exclusively in the state or federal courts located in California, and we each consent to their jurisdiction. If you are a consumer, this does not deprive you of the protection of mandatory consumer laws, or of the right to bring a claim in the courts, of the country where you live.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the "Effective date" above and, for significant changes, provide a more prominent notice in the app or on this website. Changes take effect when posted, and they are not retroactive. If you keep using the Service after an update, you accept the revised Terms. If you do not agree, please stop using the Service and delete your account.

17. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service, and they replace any earlier understanding on the subject. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest stays in effect. Our not enforcing a provision is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours to a successor in connection with a merger, acquisition, or sale of assets.

18. Contact us

Questions, complaints, or claims about the Service or these Terms can be sent to [email protected]. For help with the app, email [email protected].

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