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I-MIND INC.


SERVICES AND MOBILE APPLICATION TERMS & CONDITIONS


Introduction: Please, read these Terms and Conditions carefully. It contains the Terms of Use governing your access to and use of our website www.imindnow.com and I-M.I.N.D., our mobile application and to any associated websites owned or operated by I-MIND INC., a Florida Corporation; and to any correspondence by e-mail between I-MIND INC. and You. To make these Terms easier to read, the services, our websites, our services, and App are collectively called the “Services.” Please, read these terms carefully before using the Services. Using the Services indicates that You accept these terms. If You do not accept these terms, do not use the Services. These Terms of Use are legally enforceable and binding agreement between You and I-MIND INC. and shall be referred to as “Agreement”, “Terms of Use” or “Terms of Use.”


  1. Parties To This Agreement And Consideration.


    The parties to this Agreement (the "Agreement") are You (hereinafter “You” “Your”

    or the "User"), and I-MIND INC. (hereinafter the "Company," “We,” “Our,” or “Us”).


    1. By accessing the Materials at Services and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.

    2. Subject to Your acceptance of the terms and conditions set forth in this Agreement, the Company agrees to grant You a limited personal non-transferable right to access the contents of Services and affiliated sites operated by the Company.

    3. This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to USERS by posting at, or via hyperlink to the Services, or by sending an email from Us to the email address associated with the Your User account.

    4. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.

    5. Any action on Your part to Bookmark to a page on these Services whereby the Terms of Use Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are at least 18 years of age.


  2. Use of Services: You agree to not do any of the following:

    🟃 violate any laws or Company policies;

    🟃 be false or misleading;

    🟃 infringe any third-party right;

    🟃 distribute or contain spam, chain letters, or pyramid schemes;

    🟃 distribute viruses or any other technologies that may harm the Company or the interests or property of the Company’s users;

    🟃 copy, modify, or distribute any of the Company’s content on these services or any other person's content posted on the Services, unless expressly authorized to do so;

    🟃 use any robot, spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;

    🟃 harvest or otherwise collect information about others, including email addresses, without their instruction;

    🟃 bypass measures used to prevent or restrict access to the Services.


  3. User's Code of Conduct: You agree, warrant and covenant to use the Services in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion We may, but are under no obligation to reject or delete any transaction posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Services for violating these provisions:

    🟃 that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

    🟃 that is pornographic or depicts a human being engaged in actual sexual conduct in any way;

    🟃 that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    🟃 that impersonates any person or entity, including, but not limited to, a Company’s employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);

    🟃 that includes personal or identifying information about another person without that person's explicit instruction;

    🟃 that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

    🟃 that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;

    🟃 that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

    🟃 that constitutes or contains any form of advertising or solicitation if: posted in areas of the Services which are not designated for such purposes; or emailed to the Services users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests;

    🟃 that includes links to commercial services or websites, except as allowed in "services";

    🟃 that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal, state and local law;

    🟃 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    🟃 that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; or

    🟃 that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Services;

    🟃 contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

    🟃 "stalk" or otherwise harass anyone;

    🟃 collect personal data about other users for commercial or unlawful purposes;

    🟃 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by Us;

    🟃 post non-local unless permitted or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

    🟃 post the same item or service in more than one classified category or forum;

    🟃 attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services;

    🟃 use any form of automated device or computer program that enables the submission of postings on the Services without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;

    🟃 directly or indirectly or through the use of any device or other means, copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, sell, transmit, or retransmit the online services or content that belongs to or is posted this Us unless expressly permitted by Us in writing.

  4. Information Collected. If you want to use certain features of the Services, you’ll have to create an account (“Account”). You can do this via the App or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. The information which We collect through the Services may include Personal Information

    (hereinafter the "Personal Information") which refers to information that helps it identify users or viewers of the Services (collectively, "Users" and each a "User" or “you”). The Personal Information may include data such as a User’s name, street address, phone number, facsimile number, email address, username and password, and credit card numbers and information. We may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Registered User (as defined below) accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Services; (iv) providing User support in connection with User-use of the Services; (v) providing service updates for the Services; (vi) providing promotional notices and offers and other information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Services and Company-systems; and (ix) evaluating Use of the Services for potential improvements and otherwise. The Services may also collect data that cannot be traced back to a specific individual (hereinafter the "Anonymous Information"). For example, We may be able to keep count of how many Users have viewed the Services and specific content therein, or key words utilized to find the Services, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers, or email addresses. Users who view the Services but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by Us from anonymous Users. The Services may use browser cookies to collect Anonymous Information. The Services may also incorporate web beacons or similar tracking technologies to allow Us to track how the Services is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to Services and other similar information. Furthermore, We may, either directly or through a third party, track Users’ conduct on the Services, including, without limitation, areas of the Services visited, topic(s) viewed, most popular pages of the Services, Users’ Internet connection type and browser use. Also, We may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Services and services.


  5. Services Use of Information: Notwithstanding anything herein to the contrary, by submitting Personal Information, You grant Us, Our officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, and employees the right store any information you enter on the Services or give us in any other way that personally identifies you to improve Your experience at the services, to get a better general understanding of the type of individuals visiting the Services and to enable us to contact you when needed. Please, note that user information may be cached in search engine indexes even after removal and that these Services nor Us have any control over such caching.


  6. Accounts, Passwords and Registration to the Services. You agree that We are not responsible or liable for the personal protection and security of any password or username that you may use to access these Services. You are responsible for

    maintaining the confidentiality of the password and account, and can help keep Your account secure by using a strong password. You are solely responsible for any and all direct or indirect damages and liable for all activity conducted on these Services that can be linked or traced back to Your username or password. If You lose a password to Your account or are subject to a stolen password, You must immediately notify Us.


  7. Content from the Services. As between You and Us, You own any and all content that You submit to the Services. You grant Us and Our affiliates a right to distribute and send your content to third-parties to perform the transaction(s) being requested.


  8. Abusing the Services. Please send Us an email at customerservice@imindnow.com to tell Us about any problems or offensive content so that together We can keep the Services working properly. We may limit or terminate our service, remove hosted content and/or take technical and legal steps to keep Users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Services or not, We do not accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by Users.


  9. Limitations on Services Services. You acknowledge that the Company may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Services, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Services, and the frequency with which You may access the Services. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services. You acknowledge that the Company reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.


  10. Posting Agents. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content on the Services on behalf of others. To moderate demands on the Services's resources, You may not use a Posting Agent to post any content on the Services without express permission or license from Us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Services to facilitate posting content on behalf of others, except with express permission or license from the Company.


  11. No Spam Policy. You understand and agree that sending unsolicited email advertisements to Our email addresses or through Our computer systems or Our services, is expressly prohibited by this Agreement. Any unauthorized use of Our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. §

    1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.


  12. Intellectual Property Rights & Services Content. We, reserve all of Our intellectual property rights. This Agreement does not grant you any right or license with respect to any of our copyrights, trademarks, service marks, graphics and logos. The Services contains content from Us, You, and other users. You agree not to copy, modify, or distribute any content whatsoever from the Services, including all our copyrights or trademarks. When You give Us content, You are granting Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. By posting to the Services You are acknowledging that all content posted belongs to You or You have permission to post it and further You will not post anyone’s image or likeness without their express permission. If You believe that Your rights have been violated, please notify Us at customerservice@imindnow.com and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use or of any party's rights. Any content posted by a user other than by Us shall not be deemed such and does not reflect the thoughts, comments, ideas, opinions, or otherwise of Us.


  13. Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use, our policies or of any party's rights. If You have a good faith belief that a listing on the Services infringes Your copyright, trademark, or other intellectual property rights, then You must immediately contact Us in writing with all supporting documents and details regarding such infringement. No request or complaint regarding any infringement of intellectual property shall be considered unless proper documentation evidencing ownership of intellectual property are provided. You must a) clearly identify the material on the Services that You claim is infringing so that we may locate it on the Services; b) provide a statement by You that You have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; c) provide a statement declaring under penalty of perjury that (1) the above information in Your notice is accurate, and (2) that You are the owner of the intellectual property interest involved or that You are authorized to act on behalf of that owner; d) provide Your address, telephone number, and email address; and e) Your physical or electronic signature. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act. This section shall survive the termination of this Agreement.


  14. Liability. You agree not to hold Us or our Affiliates responsible for things other users post or do. We do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted We expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality,

    durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of Your use of the Services, even if You advise Us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. This section shall survive the termination of this Agreement.


  15. Disclaimer of Warranties. YOU AGREE THAT USE OF THESE SERVICES IS ENTIRELY AT YOUR OWN RISK. THESE SERVICES IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR THE SERVICESS OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.


    🟃 Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties. This section shall survive the termination of this Agreement.


  16. Indemnity. You agree to indemnify and hold the Company, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content You submit, post or make available through the Services, Your use of the Services, Your violation of this Agreement, Your breach of any of the representations and warranties herein, or Your violation of any rights of another. This section shall survive the termination of this Agreement.


  17. Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription. All amounts are payable and charged for yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional year until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. To cancel the subscription, you only need to delete the payment information you provided to pay for your membership. You will not receive a refund for the fees you already paid for your current subscription period, and you

    will continue to receive the Services ordered until the end of your current Subscription period.


  18. Dispute Resolution. This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement is governed by the laws of the State of Florida. Any disputes relating in any way to Your use of the Our Services shall be submitted to confidential & binding arbitration in, except to the extent that you have in any manner violated or threatened to violate Our intellectual property rights. We may seek injunctive or other appropriate relief in any state or federal court in the state of Florida and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding & may be entered as a judgment in any court of competent jurisdiction. If we don't enforce any particular provision, we are not waiving our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to You through the email address You provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when You next use the Services or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at Our Services. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.


  19. Force Majeure. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part its obligations as set forth in this Agreement, then the Company and the Services shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make the Company or the Services liable to You.


  20. Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.


  21. Security Procedures. We undertake reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. We undertake reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although We are ever diligent in Our security pursuits, We cannot guarantee the success of Our efforts.

  22. Privacy Policy: Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. We are committed to making Your experience satisfying and safe. Protecting the privacy of our users is a primary concern for Us. When you request Our online services, the information you provide to us is used only to provide our creative entertainment services to deliver email notification to you (or to people you designate as Your recipients) and from time to time, to validate Your identity. Although a certain limited amount of information is required for us to be able to serve you our data collection policies otherwise allow you to choose how much information you provide to us. The information you provide will be shared only with our professional consultants. IF USER DOES NOT ACCEPT THIS PRIVACY POLICY (INCLUDING ANY UPDATED TERMS HERETO) OR DOES NOT MEET OR COMPLY WITH THESE PROVISIONS, THEN USER MAY NOT USE THESE SERVICES. SERVICES TERMS AND CONDITIONS ARE INCORPORATED HEREIN BY REFERENCE AND USER BY USING THE SERVICES HEREBY AGREES THAT USER SHALL COMPLY WITH SERVICES TERMS AND CONDITIONS AND PRIVACY POLICY. PLEASE BE ADVISED THAT SERVICES RESERVES THE RIGHT TO RELEASE SUCH INFORMATION TO LAW ENFORCEMENT OR OTHER GOVERNMENTAL OFFICIALS AS, IN SERVICESS’S SOLE AND ABSOLUTE DISCRETION, IT IS DEEMED NECESSARY TO COMPLY WITH THE LAW.


  23. Using the Services. Via the Services, users can select from a variety of options to create customized relaxation and self-improvement sessions. You understand and agree that the Services, Products, and any other information you learn from I-MIND are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.


  24. Fees. I-MIND offers the Premium membership of the Services which you can purchase as yearly subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit or debit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that I-MIND may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c)

    to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on I-MIND until accepted and confirmed by I-MIND. All payments made are non-refundable and non-transferable except as expressly provided in these Terms. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with I-MIND. I-MIND reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances I-MIND deems appropriate in its sole discretion. The I-MIND also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). I-MIND will either not charge you or refund the charges for orders that we do not process or cancel.


  25. Changes to Price Terms for Subscriptions. I-MIND reserves the right to change its pricing terms for Subscriptions at any time and I-MIND will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to I-MIND’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”


  26. Future Functionality. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by I-MIND regarding future functionality or features.


  27. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at customerservice@imindnow.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.


  28. Content and Content Rights. For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.

  29. Content Ownership. I-MIND does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, I-MIND and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.


  30. Rights in User Content Granted by You. By making any User Content available through Services you hereby grant to I-MIND a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.


  31. Rights in Content Granted by I-MIND. Subject to your compliance with these Terms, I-MIND grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App;

    (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.


  32. Links to Third Party Websites or Resources. The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.


  33. Other. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


  34. Services Terms and Conditions. The Terms and Conditions set forth on the Services shall govern any claim relating to the Services’ Privacy Policy and will otherwise be deemed applicable to it.

  35. Corporate Transfers of Information. Information about the Users of the Services, which include the User’s Personal Information, may be disclosed in association with certain business dealings such as any debt financing, acquisition or merger, sale of assets and in the event of a bankruptcy, assignment for benefit of creditors or receivership in which particular information could be sold or transferred to other parties as an asset. By using the Services and/or entering his Personal Information, each User consents to the Services’ use of their information as outlined in this Privacy Policy.


  36. Contributions. Please send questions, comments or complaints (“Contributions”) to customerservice@imindnow.com. By submitting ideas, suggestions, documents or proposals to Us, you acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) We may have something similar to the Contributions already under consideration or in development; (v) you irrevocably non-exclusively license to Us rights to exploit Your Contributions; and (vi) you are not entitled to any compensation or reimbursement of any kind from Us under any circumstances.


  37. Affiliate Program. I-MIND reserves the right to alter and/or amend our affiliate program at any time.


  38. Prevailing Language. Should this document be executed in two languages, the English version of these Terms & Conditions represents the understanding of both Parties. Any other version is provided as a translation. In the event of conflict between the two versions, the English version will prevail.


  39. Entire Agreement. You agree that These Terms of Use and the other policies posted on the Services constitute the entire, complete and exclusive agreement between The Company, the Services and You, superseding any prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent with respect to the subject matter of this Agreement.

I-MIND INC.


SERVICES AND MOBILE APPLICATION PRIVACY POLICY


  1. Introduction. I-MIND INC., a Florida Corporation (hereinafter, “We,” “Our,” or “Us”), is committed to protecting the privacy of its Users (as defined hereinbelow). These Services and Mobile Application Privacy Policy (hereinafter, "Privacy Policy") outlines what information We collect from Our Users through www.imindnow.com and I-M.I.N.D., our Mobile Application (To make these Terms easier to read, the services, our websites, our services, and App are collectively called the “Services.”) and how that information is used. We will only keep Users’ information, which they submit through the Services for internal use. If any provision of this Privacy Policy conflicts with one or more provisions of Services Terms and Conditions, the provisions of Services Terms and Conditions shall control. IF USER DOES NOT ACCEPT THIS PRIVACY POLICY (INCLUDING ANY UPDATED TERMS HERETO) OR DOES NOT MEET OR COMPLY WITH THESE PROVISIONS, THEN USER MAY NOT USE THE SERVICES. THE SERVICES TERMS AND CONDITIONS ARE INCORPORATED HEREIN BY REFERENCE AND USER BY USING THE SERVICES HEREBY AGREES THAT USER SHALL COMPLY WITH THE SERVICES TERMS AND CONDITIONS AND PRIVACY POLICY. PLEASE BE ADVISED THAT THE SERVICES RESERVES THE RIGHT TO RELEASE SUCH INFORMATION TO LAW ENFORCEMENT OR OTHER GOVERNMENTAL OFFICIALS AS, IN THE SERVICES’S SOLE AND ABSOLUTE DISCRETION, IT

    IS DEEMED NECESSARY TO COMPLY WITH THE LAW. This Privacy Policy does apply to your use of the Services, regardless of your subscription or account type. Additional information for individuals in the EEA, UK, and Switzerland, as well as for California residents, can be found at the end of this Privacy Policy.


  2. Revisions to Privacy Policy. We reserve the right to revise, change, amend, alter or modify (hereinafter, "Update") this Privacy Policy and its other policies and agreements at any time and in any manner. The User, as defined below, is responsible for periodically checking for any Updates of this Privacy Policy by revisiting the Services and using the "refresh" button on the User’s browser. Any Updates supersede any prior versions immediately upon posting on the Services. Using the Services after any such Update or changes to the Privacy Policy shall constitute consent to changed terms or practices.


  3. Information Collected. The information which We collect through the Services may include Personal Information (hereinafter the "Personal Information") which refers to information that helps it identify users or viewers of the Services (collectively, "Users" and each a "User" or “you” and shall refer to Subscriber or Registered User as defined in Services Terms and Conditions). The Personal Information may include data such as a User’s name, street address, phone number, facsimile number, email address, username and password. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Services in the manner set forth below. We may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Registered User (as

    defined below) accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Services; (iv) providing User support in connection with User-use of the Services; (v) providing service updates for the Services; (vi) providing promotional notices and offers and other information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Services and Company-systems; and (ix) evaluating Use of the Services for potential improvements and otherwise. The Services may also collect data that cannot be traced back to a specific individual (hereinafter the "Anonymous Information"). For example, We may be able to keep count of how many Users have viewed the Services and specific content therein, or key words utilized to find the Services, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers or email addresses. Users who view the Services but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by Us from anonymous Users. The Services may use browser cookies to collect Anonymous Information. The Services may also incorporate web beacons or similar tracking technologies to allow Us to track how the Services is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to Services and other similar information. Furthermore, We may, either directly or through a third party, track Users’ conduct on the Services, including, without limitation, areas of the Services visited, topic(s) viewed, most popular pages of the Services, Users’ Internet connection type and browser use We may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Services and services.


    1. We disclaim any liability for disclosure of any Personal Information or non-Personal Information arising out of any of the following circumstances:

      1. Disclosure to government (local, state, national, or international) agencies in response to legal processes, such as subpoenas or court order; or

      2. Any unlawful or unauthorized access to and transmissions of Personal Information from the Services; or

      3. Disclosure of any information by the User themselves on message boards, public forums, blogs, social networking Services, or any other online or offline media.


    2. Besides the above-mentioned Personal Information, some non-Personal Information may be collected when the User visits different pages of these Services. Such non-Personal Information may include the type of browser the User used to access the services, the operating system(s) installed on the User’s computer, internet protocol (ip) address of the User’s computer, ip address of the User’s internet service provider (isp), etc. This information is generally used to improve the layout and content of our Services, provide the User with customized advertisements, analyze the services-usage, dispense with the need to re-login every time the User visits the webpages of the Services after logging in, and enhance the overall experience of using the Services. All such non-

      Personal Information is kept confidential and never shared with, or sold to, any third party.


    3. Cookies are small text files that are placed on the Users hard disk by our secured servers. These cookies are used to collect non-Personal Information. Cookies help us in gathering information, like how the User uses our services, how the User uses our services, types of data accessed, times and volume of use, duration of sessions and other similar usage. Our cookies are 100% safe, and do not, in any way, compromise the User’s privacy while the User is using our services. A User can also disable the cookies by adjusting the internet browser preferences. However, we advise you to receive cookies sent by our services. By visiting or using our Services you consent to the placement of cookies in your browser in accordance with this Privacy Policy.


    4. We accord maximum priority to the security of all the data we collect from the Users and/or Registered Users of these Services. Therefore, we use the latest and most secure technologies prevalent in the industry and available in the market to protect the integrity of all the Personal Information or non-Personal Information collected during the course of your interaction with the Services. Apart from several electronic and technical safeguards, we also employ certain physical and procedural safeguards in order to make the access to this sensitive data exclusive to the authorized personnel have access to this data. Notwithstanding any amount of steps and assurances we give, due to peculiar nature of the Web, no foolproof security from unauthorized access by hackers, crackers, or similar illegal means and personnel, can be guaranteed. Additionally, while processing online payments, we do retain credit card data which you submit through our secure servers. All such data is then directly sent to the secured servers of the credit card companies through latest SSL encryption method for further processing.


    5. “Usage Information: Whenever you use our Services, we collect usage information, such as the material meditation you use, videos you view or content you listen to, what screens or features you access, and other similar types of usage information.”


    6. We also collect information when you submit surveys about how you feel before or after using meditation material, your goals, fill out a form or a survey, participate in a contest or promotion, make a purchase, communicate with us via social media Services, request customer support, or otherwise communicate with us.


    7. Transactional Information: When you make a purchase, we collect information about the transaction, such as product description, price, subscription or free trial expiration date, and time and date of the transaction.


    8. Log Information: We collect standard log files when you use our Services, which include the type of web browser you use, app version, access times and dates,

      pages viewed, your IP address, and the page you visited before navigating to our Services.


    9. Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, device identifiers set by your device operating system, and mobile network information (like your connection type, carrier and region).


    10. Information we Record: On some occasions, we may record phone or video calls with your consent or when you provide us with feedback or market research.


    11. Information we Generate: We use your first name to make an educated guess about your gender and use information about your activity to help determine the likelihood of you continuing to use our Services in the future.


    12. Information We Collect from Other Sources: If you create or log into your account through a social media service account, we will have access to certain information from that account, such as your name and other account information, in accordance with the authorization procedures set by that social media service. Finally, we may obtain information about you from publicly available sources, marketing and advertising partners, consumer research platforms, and/or business contact databases.


  4. User Posted Content. Users may post content, including, without limitation, on the Services that may be made publicly available to other users and to the general public via the Services. Users acknowledge and agree that any posted comments posted by User do not reflect the Services or Our Users acknowledge and agree that by posting or otherwise submitting such content on or to the Services, User’s Personal Information, including his email address and any other information the User supplies may be visible to the third parties. User shall not share any information in his inquiry that he is not prepared to be public or to otherwise share with such other third parties. Further, Users may submit inquiries, comments or other content (collectively, an "Inquiry") to Us through the Services. Users acknowledge and agree that by sending an Inquiry or otherwise posting communications to the Services, a User’s Personal Information, including his email address and any other information the User supplies, may be visible to third parties. User shall not share any information in his Inquiry that he is not prepared to be public or to otherwise share with such other third parties. Moreover, User’s Inquiry may be available for review by Us and/or other Users’ contractors and employees. Moreover, We may from time to time, use third party email servers to send and track receipt of the Inquiries, and analyze the pattern of inquiry usage via these third party tracking systems. If a User is making an Inquiry or posting content for someone other than himself, in which another person’s Personal Information will be accessible or otherwise made available, User hereby makes the material representation and warranty upon which the User wishes Us to reasonably rely, that he has obtained each of those other individuals’ consent to

    disclose their personal information to Us and other Users. All submissions of content, including without limitation, the posting of content to the Services or the submission of an Inquiry, sent to Us are accepted in accordance with, and governed by, the Services Terms and Conditions. Moreover, User acknowledges and agrees that this Privacy Policy does not apply to content, business information, pictures, ideas, concepts or inventions that User sends to Us (collectively, "Submitted Property"). User acknowledges and agrees that all Submitted Property becomes Our property immediately upon its receipt of the same, unless We elect not to take ownership of said property. We may then utilize, distribute or otherwise disseminate the Submitted Property as it wishes in its sole discretion. As it relates to intellectual property rights relating to the same, User hereby assigns and conveys all rights he may have to such submitted property and ideas. If User seeks to keep such information or property private or proprietary, User should not send such information to Us.


  5. Third Party Advertisers and Links to Third Party Websites. The Services may include advertisements from third-party companies which may include links to third-party websites. The advertisements placed by these companies, or other listings of other Users are not affiliated, owned, maintained or updated by Us. If User visits the Services of these third-party advertisers, or otherwise submits information to any other User, they may use cookies and/or request and collect User’s Personal Information. We do not know of the policies of these independent third-party advertisers, including without limitation, other Users, and is not responsible for the information collected or how the information is used by any third-party advertisers, including without limitation, other Users. We also cannot confirm or in any way guarantee the accuracy of the information provided by those third-party advertisers on their websites. We strongly recommend that User reads and reviews the privacy policies of any other third-party websites that it may view. These Services may contain links to third party websites of promoters, advertisers, affiliates, partners, agents, etc. However, We do not draft, review, control or monitor the privacy practices of such third party websites. Should the User choose to visit these linked websites, the User’s visit and/or use of such linked websites shall be subject to the privacy policies of such third-party websites. We strongly advise you to review the legal documents of such linked websites before entering into any transaction.


  6. Information Sharing. Except as otherwise provided in this Privacy Policy, We will not intentionally distribute, rent or sell a User’s Personal Information to third parties without the User’s permission. Notwithstanding the foregoing, We may be required by law enforcement or judicial authorities to provide Users’ Personal Information to the appropriate governmental authorities. If We receive a request from law enforcement or judicial authorities, then We reserve the right to provide the requested information. In addition, We reserve the right to release such information to law enforcement or other governmental officials in Our sole and absolute discretion, as We deem necessary to comply with the law. We share information about you as follows and as otherwise described in this Privacy Policy or at the time of collection:

    1. With companies and contractors that perform services for us, including email service providers, payment processors, fraud prevention vendors and other service providers;

    2. If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of I-MIND or others;

    3. In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;

    4. Between and among I-MIND and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and

    5. With your consent or at your direction. For instance, you may choose to share actions you take on our Services with third-party social media services via the integrated tools we provide via our Services.

      We also share aggregated or other information not subject to obligations under the data protection laws of your jurisdiction with third parties. For example, we sometimes share aggregate information with research organizations to help facilitate their research.


  7. Security Procedures. We undertake reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. We undertake reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although We are ever diligent in Our security pursuits, We cannot guarantee the success of Our efforts.


  8. Special Cases. It is Our policy to not use or share the Personal Information about the Users of the Services in ways which have not been outlined or described herein without first allowing Users a chance to opt out or otherwise disallow such unrelated uses. However, We may disclose Personal Information about Users or information relating to their Use of the Services for any reason if, in Our sole discretion, We determine that it is reasonable to do so, including:


    1. To comply with laws, such as the Electronic Communications Privacy Act, regulations or governmental or legal requests for such information;

    2. To reveal information that is needed to identify, contact or bring legal action against any User who may be violating the Services Terms and Conditions;

    3. To operate the Services properly;

    4. To protect the Services and its Users; and/or

    5. To fully cooperate with law enforcement authorities, private-party litigants and others seeking information about its Users to the extent required by applicable law.


  9. Protection of Children. Our Services are intended for a wide audience including anyone over the age of eighteen (18) years. Entry into the Services requires age verification. We require all Users to be at least eighteen (18) years old to use any

    area of the Services and require all Users to agree to the terms of the Age Verification Agreement.


  10. Services Terms and Conditions. The Terms and Conditions attached hereto and set forth on the Services shall govern any claim relating to this Privacy Policy and will otherwise be deemed applicable to it.


  11. Corporate Transfers of Information. Information about the Users of the Services, which include the Users’ Personal Information, may be disclosed in association with certain business dealings such as any debt financing, acquisition or merger, sale of assets and in the event of a bankruptcy, assignment for benefit of creditors or receivership in which particular information could be sold or transferred to other parties as an asset. By using the Services and/or entering his Personal Information, each User consent to the Services’ use of his information as outlined in this Privacy Policy.


  12. Data Transfer. I-MIND is based in the United States and processes information in the United States, which may not provide equivalent levels of data protection as your home jurisdiction.


  13. Account Information. You may update certain account information you provide to us (such as your password, name, and email address) by logging into your account. If you wish to disable your account, please contact us at customerservice@imindnow.com, but note that we retain certain information when required or permitted by law. We also retain cached or archived copies of information about you for a certain period of time.


  14. Promotional Communications. You may opt out of receiving promotional emails from I-MIND by following the instructions in those emails or by logging into your account. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.


  15. Mobile Push Notifications/Alerts. With your consent, we send promotional and other push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.


  16. Data Access and Deletion. Subject to certain limits and conditions provided under law, we honor the exercise of the right of access or deletion for all of our users, regardless of their location. Any I-MIND user may exercise this right by contacting us at customerservice@imindnow.com.


    The sections below apply to you if you use our Services while in Switzerland, the United Kingdom or the European Economic Area (collectively, "Europe"). I-MIND INC. is the data controller for personal data governed by this Privacy Policy.


  17. Legal Basis for Processing. When we process your personal data we will only do so in the following situations:

    1. As necessary to perform our responsibilities under our contract with you (like processing payments and providing the products or services you have requested);

    2. When we have a legitimate interest in processing your personal data, including to communicate with you about changes to our Services, to help secure and improve our Services (including to prevent fraud) and to analyze use of our Services;

    3. As necessary to comply with our legal obligations; and

    4. When we have your consent to do so.


  18. Data Retention. We retain personal data for no longer than is necessary for the purposes for which it is processed, unless applicable law requires storage for a longer period of time.


  19. Data Subject Requests. Subject to certain limits and conditions provided under law, you have the following rights:

    1. You have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or made available in a portable form.

    2. You also have the right to object to certain processing (like receiving direct marketing), or request that we restrict processing in certain circumstances (like to retain but not further process pending resolution of a claim).

    3. When we ask for your consent, you may withdraw that consent at any time.

    4. You have the right to file a complaint regarding our data protection practices with a supervisory authority. Please see this directory for contact details: https://edpb.europa.eu/about-edpb/board/members_en. If you are in Switzerland, please visit this FDPIC services for contact details: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html. If you are in the United Kingdom, please see this website for contact details: https://ico.org.uk/global/contact-us/.

    5. If you would like to exercise any of these rights and can't do so directly via the Services or your device, you may contact us as indicated below.


  20. Information for California Residents. This section provides additional disclosures required by the California Consumer Privacy Act (or "CCPA").

    1. Categories of personal information we collect:


      1. Identifiers, such as your name, phone number, email address, social media handle, and unique identifiers (like IP address) tied to your browser or device. Characteristics of protected classifications under state or federal law, such as gender and age. Commercial information, such as your payment information and I-MIND product or service purchases. Approximate geolocation data. Internet or other electronic network activity, such as browsing behavior and information about your usage and interactions with our Services. Audio, electronic, visual, or similar information, such as profile photo or personal information you may provide during

        customer support calls and call recordings. Other personal information you provide, including opinions, preferences, goals and previous meditation experience and other personal information contained in product reviews, surveys, or communications. Inferences drawn from the above, such as product interests, and purchasing insights.

      2. Business or commercial purposes for which we may use your information

      3. Performing or providing our services, such as to maintain accounts, provide customer service, process orders and transactions, and verify customer information. Improving and maintaining our Services, such as by improving our Services and developing new products and services. Debugging, such as to identify and repair errors and other functionality issues. Communicate with you about marketing and other relationship or transactional messages. Analyze usage, such as by monitoring trends and activities in connection with use of our Services. Personalize your online experience, such as by tailoring the content and ads you see on our Services and on other platforms based on your preferences, interests, and browsing behavior. Legal reasons, such as to help detect and protect against security incidents, or other malicious, deceptive, fraudulent, or illegal activity.


    2. Parties with whom information may be shared: Companies that provide services to us, such as those that assist us with customer support, subscription and order fulfillment, advertising measurement, communications and surveys, data analytics, fraud prevention, cloud storage, bug fix management and logging, and payment processing. Third parties with whom you consent to sharing your information, such as with social media services or academic researchers. Our advertisers and marketing partners, such as partners that help determine the popularity of content, deliver advertising and content targeted to your interests, and assist in better understanding your online activity. Government entities or other third parties for legal reasons, such as to comply with law or for other legal reasons as described in our Sharing section.

    3. Subject to certain limitations and exceptions, the CCPA provides California consumers the right to request to know more details about the categories and specific pieces of personal information, to delete their personal information, to opt out of any "sales" that may be occurring, and to not be discriminated against for exercising these rights.

    4. We do not "sell" the personal information we collect (and will not sell it in the future without providing a right to opt out). We do allow our advertising partners to collect certain device identifiers and electronic network activity via our Services to show ads that are targeted to your interests on other platforms. To opt out, you can use our cookie preferences tool to disable ad trackers on our Services and can adjust your mobile device settings to limit ad tracking via the mobile app.

    5. California consumers may make a rights request by emailing us at customerservice@imindnow.com. We will verify your request by asking you to provide information that matches information we have on file about you. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents should submit requests through the same

      channels, but we will require proof that the person is authorized to act on your behalf and may also still ask you to verify your identity with us directly.


  21. Notice of Financial Incentives. We offer various financial incentives. For example, we may provide incentives to customers who participate in a survey or provide testimonials. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and information about your experiences using our Services. You can opt into a financial incentive by following the sign-up or participation instructions provided. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.


  22. I-MIND INC strives to make this privacy policy accessible in line with the World Wide Web Consortium's Web Content Accessibility Guidelines, version 2.1.


  23. Prevailing Language. Should this document be executed in two languages, the English version of this Privacy Policy represents the understanding of both Parties. Any other version is provided as a translation. In the event of conflict between the two versions, the English version will prevail.

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