Welcome to The Mindfulnest! These Terms and Conditions are intended to provide you with information about The Mindfulnest (“Mindfulnest” or “we” or “our”) and provide you access to our Mindfulnest meditation application (“App”). For contact information and other corporate details of The Mindfulnest, please contact info@themindfulnest.nl.
1. Acceptance of the terms and conditions
Please read these terms before using our services as they affect your legal rights and obligations. By using our app or accessing in any way any materials, you agree to and are bound by these terms, our Privacy Policy (www.themindfulnest.nl/privacy-policy), and any other terms which may apply to you. If you do not agree to these terms or the Privacy Policy, you must not access or use our service, digital properties, or materials.
We reserve the right to change these terms at any time, without any prior notice to you. Any updates to these terms will be posted or linked to from our website, www.themindfulnest.nl, and will apply to you prospectively, so you should check back each time you use our app so you are aware of any changes, as they are binding on you.
2. Who may use our free app and services?
The Mindfulnest app is and will be completely free for its users.
If you want to use our app and services you’ll have to register for an account. Each account registration is for a single user only. The creation of an account, and therefore the use of the app and services, is dependent on having access to a valid university email account of one of the partner universities. Therefore, our app and services are only available for students and staff members that study or work at one of the partner universities. If for whatever reason the access to your university email account comes to an end, you shall also lose your access to our app and services.
You can find the partner universities below:
- Maastricht University
- Vrije Universiteit Amsterdam
- Leiden University
- Utrecht University
- University of Antwerp
- University of Twente
- Erasmus University Rotterdam
- Delft University of Technology
- Amsterdam University of Applied Sciences
3. Medical and therapeutic disclaimer
The Mindfulnest is a provider of online and mobile meditation content. We are not a health care or medical device provider, nor should the app and our services be considered medical advice. The Mindfulnest makes no claims, representations or guarantees that our app and services provide a therapeutic benefit. Any advice or other materials available through the app and service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. If you have or suspect you have a health or medical problem, you should consult with your physician or another qualified healthcare provider.
Any advice or other materials in our app and services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of our app and services.
There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice.
4. Account protection
You are responsible for maintaining the security and confidentiality of your university email account and login codes you receive from us. You may not share your account information with third parties or allow third parties to use your account. If you believe an unauthorized person has obtained your password or accessed your Account you must notify us immediately via email at info@themindfulnest.nl with “Unauthorized Use” in the subject line.
We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your account.
5. Account termination
You may terminate your Account at any time by sending an e-mail to info@themindfulnest.nl with “Cancel Account” in the subject line. Please allow seven (7) days for termination to take effect. Following termination, we may delete any or all of the information associated with your account, including your entitlements to access any materials and other functionality, and such entitlements will not be restored if you create a new account.
You have no recourse with regard to any information that we delete or functionality we remove upon account termination, regardless of any value you may ascribe to such data or functionality. We further disclaim any value you may attribute to any of your data stored on our servers. Additionally, you will not receive any further communications from us unless and until you create a new account or you otherwise request that we provide communications to you. Our rights under the terms will survive any termination of your account.
6. Modification of terms, app and services
We reserve the right, at our discretion, to change these terms on a going-forward basis at any time. Please check these terms periodically for changes. Our app and services may change from time to time and/or we may stop (permanently or temporarily) providing the app and services (or features within the services), at the sole discretion of The Mindfulnest without prior notice to you. We may automatically upgrade our app and services and you agree that these terms shall apply to such upgrades. Any description of the features of products or services offered by The Mindfulnest shall not be considered to be a representation by The Mindfulnest that such features will always be included in such products and services. Our app and services may also, at some point, include advertisements, which may be targeted to the content or information on the app and services, queries made through the app and services, or from other information. The types and extent of advertising on the app and services are also subject to change over time. In consideration for providing you the app and services, you agree that we and our third party providers and partners may place advertising on our app and services or in connection with the display of content or information on our app and services.
7. Mobile service
You must have internet access to use our app and to the extent you access our app through a mobile network, your network provider’s messaging, data and other rates and fees may apply. We do not warrant that our app will be compatible with your network provider or device. You acknowledge and agree that we may release updates to our app and that you may be required to install any such updates in order for our app and services to continue functioning properly.
8. Use of the app and services
The Mindfulnest allows you to access and view content through our app. As long as you comply with these terms, you have the right to download and install a copy of the app to your mobile device, and The Mindfulnest grants you a limited, non-exclusive, non-transferable and revocable license to access and use the app and services, for your own personal use.
You may not: (i) copy, modify or distribute the app for any purpose; (ii) transfer, sublicense, lease, sell, resell, lend, rent or otherwise distribute the app or services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of any portion of the app or services or attempt to discover any source code or underlying ideas or algorithms of the app or services (iv) access the app or services in order to build a competitive product or service, or copy any features, functions or graphics of the app or services; (v) make the functionality of the app or services available to any third party or multiple users through any means; (vi) use the app or services to transmit material in violation of third party privacy rights; (vii) use the app or services to store or transmit malicious code; (viii) interfere with or disrupt the integrity or performance of the app or services or third party data contained therein.
9. Copyright
9.1. The app and services are owned and operated by The Mindfulnest. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the app and services provided by The Mindfulnest are protected by intellectual property and other laws. All content and materials included in the app and services are the property of The Mindfulnest or our third-party licensors. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials.
9.2. The aforementioned materials from our app and services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these terms immediately and automatically may subject you to legal liability.
9.3. The Mindfulnest’s’ name, marks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Mindfulnest. You must not use such marks without the prior written permission of The Mindfulnest. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the app and services is strictly prohibited.
10. Disclaimer of liability and indemnification
Under no circumstances will The Mindfulnest be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) or for any other loss, damages or injury of any kind that are directly or indirectly related to the app and services, your data, your account or the information contained therein, any errors or omissions or any damage to any user’s device, hardware, software, or technology, even if foreseeable or even if The Mindfulnest have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
To the fullest extent permitted under applicable law, you are responsible for your use of our app and services, and you will defend and indemnify The Mindfulnest and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the app and services; (b) your violation of any portion of these terms, any representation, warranty, or agreement referenced in these terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) fraud, intentional misconduct, criminal acts, gross negligence, or negligence committed by you.
11. Do you have any questions?
If you have any questions about these terms and conditions, please contact us at info@themindfulnest.nl.