Mindset Practice Platform and App Terms and Conditions

This agreement sets out:

your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.

In this agreement:

'we', 'us' or 'our' means Mindset Practice Limited incorporated and registered in England and Wales with company number 11110121 whose registered office is at Ashley House, 183 Church Road, Frampton Cotterell, Bristol, United Kingdom, BS36 2JX;
and
'you' or 'your' means the person accessing and using our Content.

To access our Content, you are required to have a desktop or laptop computer, or an Apple or Android device, with a modern web browser. You are also required to have an active and reasonably reliable/stable internet connection.

If you have any questions about this agreement or any Content you have accessed or downloaded, please contact us by sending an email to support@mindsetpractice.com.

Definitions
1. Content: means any digital content we provide that you can access via the MP App or the MPP.
2. Licenced Organisation: means any company that we have authorised to assign and grant users access to the MP App, and where applicable the MPP.
3. MP App: means our native application where we provide certain Content and services to you which may include accessing Content from the MPP.
4. MPP: means the ‘Mindset Practice Platform’ which is the web application platform where we may provide certain Content and services to you.
Mobile app end-user licence agreement (EULA)
1. This mobile app end-user licence agreement (EULA) only applies to you if you are accessing Content via the MP App. By downloading the MP App, you are agreeing to the terms of this EULA which are legally binding. Please read it together with our Privacy Policy before you download and use the MP App. Only download the MP App if you have read the rules and agree to them. If you do not agree to these terms, we will not allow you to use the MP App and you should not download it.
2. We license you to download and use the MP App provided you follow all the rules described in the EULA set out in this agreement. This licence:
  1. is only for you personally (and anyone else that the app store lets you share the MP App with) and for non-commercial use only unless a separate commercial licence has been issued to you;
  2. starts when you download the MP App; and
  3. covers Content, materials, or services accessible from, or purchased from, the MP App including all our support resources and updates to the MP App.
3. In this EULA, we refer to the site that you download the MP App from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. You must comply with the app store rules as well as this EULA but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here.
4. You do not own the MP App or any Contents, but you may use the MP App on devices that you own or control, as permitted by the app store rules. If you sell or give away the device on which you have downloaded the MP App, you must first remove the MP App from the device.
5. You are not allowed to:
  1. modify the MP App's code in any way, including inserting new code, either directly or through the use of another app or piece of software;
  2. deliberately attempt to avoid or manipulate any security features included in the MP App; or
  3. pretend that the MP App is your own or make it available for others to download or use (including by way of copying the code of the MP App and creating an independent version).
6. We may collect and use technical data that might include, for example, the specifications of your device and its software to help us provide software updates, product support, and other services related to the MP App. We may also use this information, if it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
7. We may update the MP App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the MP App still meets the description of it that was provided to you at the time you downloaded the MP App.
8. Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings, and the app store.
9. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the MP App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the MP App updated to the latest version that we make available.
10. the MP App relies on several things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device, and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the MP App due to a poor internet connection, faulty components in your device, app store failure or anything else that it would not be reasonable to expect us to control.
Introduction and permission to access and use Content
1. These terms and conditions apply if you are accessing Content on the MP App, and where applicable the MPP.
2. When you access Content, or if it is downloaded, you will not own it. Instead, we give you permission to use it (also known as a ‘licence’) for the purpose of you using our Content.
3. All Content you access or download via the MP App, and where applicable the MPP:
  1. is personal to you;
  2. is non-exclusive to you, we may supply the same or similar Content to other users;
  3. may not be:
    1. transferred by you;
    2. sub-licenced by you;
    3. changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
    4. combined or merged with, or used in, any other computer program; or
    5. distributed, sold or published by you to any third party;
  4. contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who own this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
4. Except where you have permission to use Content under this Clause 3, you will not obtain any rights of ownership or other rights (of whatever nature) in any Content or in any copies of it.
5. You must use all reasonable efforts to prevent anyone accessing the MP App, and where applicable the MPP, including maintaining the security of any username or password to access the MP App, and where applicable the MPP. You may not assist any third-party to access the MP App or the MPP.
6. If something happens which is outside of our control and affects your ability to download any Content, we will let you know when you can expect to be able to download such Content.
7. If your computer or device blocks the automatic download of any Content or the automatic download does not start, please contact us at support@mindsetpractice.com.
Acceptable use policy
1. The MP App and the MPP may not be used in an unreasonable, abusive, or improper manner to include, without limiting the generality of the foregoing, the use of the MP App and the MPP:
  1. for conduct which constitutes harassment of any person; or
  2. for the transmission of material which is abusive, defamatory, offensive, indecent, or of an obscene or menacing nature; or
  3. in a manner which constitutes a violation or infringement of the rights of any person; or
  4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
  5. in any way which degrades or interferes with other users’ use of the MP App and the MPP.
Your privacy and personal information
1. Our privacy policy is available at https://www.mindsetpractice.com/privacy-policy/
2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
Term and termination
1. Your licence to access the MP App, and where applicable the MPP, will remain active unless:
  1. you contact us at support@mindsetpractice.com and ask us to delete your access to the MP App and the MPP;
  2. you fail to opt in to allow your personal information (1) to be stored within the MP App, and where applicable the MPP, or (1) to continue to be stored within the MP App, and where applicable the MPP, when prompted on the anniversary of your last product/programme subscription;
  3. you commit a material breach of any term of this agreement and (if such a breach is remediable) fail to remedy that breach within 30 days of being notified in writing by us to do so;
  4. you have been granted access to the MPP via a Licenced Organisation that we are no longer working with and where you have not been attached to a new Licenced Organisation; or
  5. in our sole discretion, we determine that you are connected to a business that is competitive to our business.
2. Subject to Clause 6.1 above, your licence to access the MP App, and where applicable the MPP, remains active for 1 year and then automatically expires without notice unless you purchase a renewal license or new Content from the MP App, and where applicable the MPP, or you are granted additional access via a Licenced Organisation, in which case the licence will be extended for an additional 1 year.
3. If your licence is terminated, we will inform you of that in writing, either by e-mail or by a message when you try to log into the MP App and/or the MPP.
4. If your licence is terminated then, where applicable, you must uninstall the MP App from any devices it has been installed on.
Warranties
1. We warranty that we can grant the rights and licences referred to in this agreement.
2. Each party represents, warrants, and undertakes to the other party that:
  1. it/they have full capacity and authority and all necessary consents to enter into and to perform this agreement and that this agreement represents a binding commitment on it/them; and
  2. it/they shall comply with all applicable legislation in the performance of its/their obligations under this agreement.
3. We do not warranty that the MP App and/or the MPP and/or any Content will be uninterrupted or error-free or that the MP App and/or the MPP and/or any Content will meet your expectations or requirements.
4. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the MP App and/or the MPP and/or any Content may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
5. THE PARTIES ACKNOWLEDGE THAT THE MP APP AND THE MPP AND ALL CONTENT AND ALL PRODUCTS AND ALL SERVICES ARE, EXCEPT AS SET FORTH HEREIN, PROVIDED TO YOU “AS IS”. OTHER THAN AS SET OUT IN THIS CLAUSE 7, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THIS AGREEMENT.
Limitation on our liability
1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
  1. losses that were not foreseeable to you and us when the agreement was formed;
  2. losses that were not caused by any breach on our part;
  3. business losses; or
  4. losses to non-consumers.
Third party rights
No one other than a party to this agreement has any right to enforce any term of this agreement.
Disputes
1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Content you access, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
2. The laws of England and Wales apply to this agreement. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

This agreement was last updated 22nd January 2025.