Terms and Conditions

Last Modified: May 08, 2023

Welcome to The Mind Sync Kids! These Terms and Conditions and our Privacy Policy (collectively the “Agreement”) govern your access and use of the website located at www.themindsynckids.com (the “Website”) and The Mind Sync Kids mobile application (the “App”). The Website and the App are owned and operated by TheMindSync LLC (hereinafter “the Company,” “we,” “us,” or “our”) in accordance with the laws of the State of Florida, United States. The Website, the App, and all services, resources, and materials made available by the Company are hereinafter collectively referred to as “Service/s.”

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHT. PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO USE THE SERVICE.

Table of Contents

  • 1. Supplementary Terms
  • 2. Acceptance
  • 3. Eligibility
  • 4. Definitions and Interpretation
  • 5. Account Registration, Privacy, and Safety
  • 6. The Service
  • 7. Mental Health Disclaimer
  • 8. Account Termination
  • 9. User Content
  • 10. Intellectual Property
  • 11. Digital Millennium Copyright Act Notice
  • 12. Prohibited Activities
  • 13. Electronic Communication
  • 14. U.S. Export Controls
  • 15. Android and iOS Disclaimer
  • 16. Acknowledgements
  • 17. Disclaimer of Warranties
  • 18. Limitation of Liability
  • 19. Indemnification
  • 20. Class Action Waiver
  • 21. Governing Law
  • 22. Amendments
  • 23. Feedback
  • 24. Contact us
  • 25. Force Majeure
  • 1. Supplementary Terms

    You acknowledge and agree that the Company may provide some Services that require you to agree to Supplementary Terms. All applicable Supplementary Terms will be available before you access such Services. In case of any conflict between these Terms and Conditions and any Supplementary Terms governing the use of a specific Service, the Supplementary Terms shall prevail with respect to your use of such Service.

    2. Acceptance

    2.1. Your access/use of the Services is expressly conditioned on your acceptance of this Agreement.

    2.2. If you are a parent or legal guardian of a child under the age of 13, by registering an account, and allowing your child to access and/or use the Services, you agree to be bound by this Agreement with respect to your child’s use of the Services.

    2.3. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, YOU MAY NOT ACCESS/USE OUR SERVICES.

    3. Eligibility

    3.1. The Service is designed for natural persons of all ages. If you are 13 years or older, you can sign-up for an account without requiring parental consent. However, if you are under 13 years of age, you may not sign up for an account yourself, but you may ask your parent or legal guardian (“parent”) to sign-up for an account for you (“parent-managed account”).

    3.2. As a parent, if you create a parent-managed account for your child, you are responsible for compliance with this Agreement and the use of the Services by your child.

    3.3. By proceeding with the account registration, you are representing to the Company that you have the capacity to enter into this Agreement, and you agree to abide by all the provisions of this Agreement.

    4. Definitions and Interpretation

    4.1. The following words, wherever used in bold in these Terms and Conditions, shall have the meaning as defined hereunder:

    ‘Account’ means the account that enables a user to log into the App and use the features and functionality provided by the Company. Any reference to an account includes parent-managed accounts.
    ‘Account Owner’ means a user who registers an account for the Service. Please note that for children under the age of 13, the account owner is the parent who registers the account that may be used by a child under such person’s parental responsibility.
    ‘Instructor’ means a contractor or employee of the Company who delivers individual lessons from the program to users through a virtual session.
    ‘Parent’ shall have the meaning as defined in Section 3 of these Terms and Conditions.
    ‘Parent-managed accounts’ shall have the meaning as defined in Section 3 of these Terms and Conditions.
    ‘the Program’ or ‘the Mind Sync Program’ means the Company’s proprietary social-emotional learning curriculum that is made available through the App and during sessions by instructors.
    ‘Session’ means the virtual, one-on-one lessons delivered by instructors to users.
    ‘User,’ ‘you,’ or ‘your’ means the person applying for an account, the account owner, and the child who uses the Service under the supervision of the account owner.

    4.2. The use of any masculine, feminine, or neuter gender and the singular or plural numbers in these Terms and Conditions shall refer to the gender and number as the context requires.

    4.3. Any words or expressions used in these Terms and Conditions that are not defined in this Section 4 shall have the respective meanings given to them in these Terms and Conditions.

    4.4. If this Agreement has been translated into other languages, the English version shall prevail.

    5. Account Registration, Privacy, and Safety

    5.1. Account Registration

    All users are required to register an account to make use of the Service. Users can apply for an account for free by visiting the link provided by the Company. Users must provide their full name and email address when they apply for an account.

    Users agree to provide the Company with current, complete, and accurate information during account registration.

    Where a user self-identifies as being under 13 years of age, we would prompt such user to request their parent to apply for an account. Subject to the provisions of this Agreement, a parent-managed account will only be issued after we receive the parent’s verifiable consent as outlined in Section 5.2 below.

    5.2. Verifiable Consent

    We are required to obtain verifiable consent from parents before collecting any personal information relating to the child in their parental care.

    If you apply for an account as a parent, you will be requested to provide us with your full name and valid email address. We will request your verifiable consent by sending you a direct notice to the email address provided by you. If you consent to our collection of your child’s personal information, please respond to the request for consent email from the Company with the words “I consent.” Upon receipt of your consent, we will send you a confirmation email explaining to you how you may revoke your consent. You may revoke your consent at any time, following the steps outlined in our email.

    5.3. Account Approval and Access

    We issue all accounts at our sole discretion. We are not legally or morally obligated to provide an account to any user, and we reserve the right to decline any account requests without providing reasons for our decision.

    Once the Company approves your account, you will be able to access your account and make use of all the available features and functionality in accordance with this Agreement.

    For parent-managed accounts, the parent will be able to add their child’s personal information (child’s full name) to their account and allow the child to use the Service under their supervision.

    5.4. Privacy

    We process all your personal information in accordance with our Privacy Policy. In the event of any change in your personal information, you accept full responsibility for updating your personal information by accessing your account settings. Please carefully review our Privacy Policy before registering your account, and do not submit any personal information if you do not agree with our privacy practices.

    5.5. Security

    You are solely responsible for maintaining the confidentiality of your account login credentials to prevent unauthorized access to your account. You assume full responsibility for all usage and activities under your account. You agree to immediately report any unauthorized access to your account or other suspicious activity to info@themindsynckids.com. You hereby release the Company from all liability arising from or associated with your failure to maintain the confidentiality of your login credentials. You agree that your decision to use the Service is entirely at your own risk.

    6. The Service

    6.1. The Program

    Through its instructors and the App, the Company provides the Mind Sync program to parents and children around the world. Users must register an account in accordance with Section 5 above to participate in the program. Once a user’s account is successfully registered, the user can schedule a session with one of the available instructors by visiting the link contained in the welcome email sent after the account approval.

    6.2. Attending Sessions

    All booked sessions are currently delivered through a third-party video conferencing service. When a user clicks on the link to attend a session, the user will be redirected outside the App to such third-party software. Such third party’s terms and conditions shall govern the user’s use of the video conferencing software in addition to these Terms and Conditions.

    6.3. Rescheduling and Cancelling Sessions

    All booked session dates are in the nature of a proposal only. Both, the instructor and the account owner shall have the right and authority to reschedule or cancel any session in accordance with the provisions outlined below. Any changes in the session date by either the instructor or the account owner will not constitute a breach of this Agreement.

    6.3.1. Rescheduling and cancellations by the account owner

    If, for any reason, a user is unable to attend a session, the user can easily reschedule or cancel the session by visiting the session confirmation link sent via email. A user may either select one of the available times to reschedule a session for another day or opt to cancel the session.

    6.3.2. Rescheduling and cancellations by the instructor

    An instructor may cancel or reschedule a session at any time without incurring any liability. The Company will not be liable for any inconvenience, loss, or damage suffered by a user as a result of an instructor’s failure to attend a session or the instructor’s failure to notify the user of his/her inability to attend a session. For the avoidance of any doubt, the Company does not make any representations or offer any warranties that all sessions will be delivered on the scheduled date and time or that the program will be delivered by the same instructor.

    Please note that if an instructor is unable to continue delivering the sessions, the Company will make its best effort to provide a substitute instructor to continue any remaining sessions in the program.

    6.4. Children’s Safety

    Parents are solely responsible for supervising and monitoring their child's use of the App, including participation in sessions with the instructor. As a parent, you agree to accompany your child in every session. You understand and accept that as a parent, it is solely your responsibility to intervene in a session if you believe that an instructor is not conducting him/herself in a professional manner and to terminate a session if you deem the instructor’s conduct to be appropriate. You acknowledge and agree that the Company does not monitor or record any sessions; therefore, you will be responsible for providing the Company with evidence of any claim of instructor’s misconduct during a session.

    If you are dissatisfied with the quality of a session, you may report your concerns to our program manager at ayeshaijaz@themindsynckids.com and request a substitute instructor.

    6.5. GENERAL SERVICE DISCLAIMER

    Please note that all our instructors are trained in the Mind Sync SEL program, and their role is limited to delivering the Mind Sync program to our users in a fun and engaging manner. Our instructors are not authorized or licensed to offer any mental health counseling, therapy, or medical advice.

    WE ARE UNABLE TO OFFER ANY GUARANTEES THAT YOU WILL BE SATISFIED WITH THE USE OF OUR SERVICE OR YOU WILL ACHIEVE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICE.

    TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL LIABILITY FOR ANY ACTIONS OR OMISSIONS OF OUR INSTRUCTORS. WE WILL NOT BE HELD LIABLE FOR ANY CLAIM, LOSS, OR ANY OTHER DAMAGE SUFFERED AS A RESULT OF THE USE OF OUR SERVICES. YOUR DECISION TO USE THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

    7. Mental Health Disclaimer

    WE DO NOT PROVIDE ANY MENTAL HEALTH SERVICES, THERAPY, OR CHILD COUNSELLING. NONE OF THE INFORMATION AVAILABLE ON OUR WEBSITE, APP, OR THE PROGRAM IS INTENDED TO REPLACE ANY ADVICE, RECOMMENDATION, DIAGNOSIS, OR TREATMENT PROVIDED BY A LICENSED MENTAL HEALTH CARE PROFESSIONAL.

    BY ACCESSING OUR SERVICE, YOU ACKNOWLEDGE AND ACCEPT THAT ALL INFORMATION AVAILABLE ON THE WEBSITE/APP, INCLUDING THE MIND SYNC PROGRAM (AS DELIVERED DURING SESSIONS), IS PROVIDED FOR GENERAL EDUCATION PURPOSES ONLY.

    YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT OFFER ANY MENTAL HEALTH SERVICES. IF YOU OR YOUR CHILD ARE EXPERIENCING ANY MEDICAL OR PSYCHOLOGICAL PROBLEMS, PLEASE IMMEDIATELY CONTACT YOUR HEALTHCARE PROVIDER. IN CASE OF ANY EMERGENCIES, PLEASE CALL 911 (IF YOU. ARE LOCATED IN THE UNITED STATES) OR YOUR LOCAL EMERGENCY NUMBER (IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES) TO SEEK ASSISTANCE. YOU SHOULD NEVER DELAY SEEKING MEDICAL ASSISTANCE IF YOU ARE EXPERIENCING ANY PHYSICAL OR MENTAL HEALTH ISSUES. PLEASE DO NOT STOP TAKING ANY MEDICATIONS OR MAKE ANY SELF-DIAGNOSES BASED ON THE INFORMATION YOU. READ, HEAR, OR RECEIVE FROM THE WEBSITE, APP, OR OUR INSTRUCTORS.

    YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR BEFORE MAKING ANY CHANGES TO YOUR TREATMENT OR STARTING ANY NEW THERAPIES.

    THE MIND SYNC PROGRAM DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE FROM A LICENSED HEALTHCARE PROFESSIONAL WHO IS FAMILIAR WITH YOUR. UNIQUE MEDICAL CONDITION. YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE/APP OR INSTRUCTORS IS ENTIRELY AT YOUR OWN RISK.

    OUR SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR THERAPY OR COUNSELLING. WE ARE NOT REGULATED BY ANY PROFESSIONAL BODIES, AND OUR INSTRUCTORS DO NOT REQUIRE A LICENSE TO RENDER THE SERVICES ON OUR BEHALF.

    8. Account Termination

    This Agreement will remain effective until you or the Company terminates your account.

    8.1. Account termination by the Company

    We reserve the right to terminate your account or restrict/suspend your access to the App at any time and for any reason, including:

    8.1.1. If you breach any provisions of this Agreement;

    8.1.2. If you violate any applicable law;

    8.1.3. If we receive instruction to terminate your account or access to the App from any competent authority.

    You acknowledge and agree that we will not be liable for any loss, damage, or costs incurred by you or another person from any termination or suspension of your account without notice. Where we terminate your account as a result of a breach of this Agreement or for compliance with legal order/requirement, you are strictly forbidden from (a) registering a new account, (b) accessing the Service through another user’s account, and (3) accessing the Service through any other unauthorized mechanism.

    8.2. Account termination by the user

    You may request the termination of your account at any time by contacting your appointed instructor through email with the words “Account Termination” in the subject line.

    8.3. Consequences of termination

    Once your account has been terminated, you will lose all access to the App. Please note that if you request the termination of your account, all your user content, including but not limited to any homework submitted by you on the App or your progress through the program, will be deleted, and you will not be able to reactivate your account at a later date and retrieve your data.

    8.4. Survival

    All provisions of this Agreement that by their nature are intended to survive the termination of this Agreement shall survive.

    9. User Content

    9.1. The App enables users to participate in online activities as well as upload files for different activities (hereinafter referred to as “user content”).

    9.2. Your user content may contain text, hand-drawn artistic images, and other similar text and visual content. Your user content does not include any content, material, resources, software code, or the like that is created or owned by the Company. Excluding the license you grant the Company under Section 9.3 below, you retain all ownership rights to your user content.

    9.3. By uploading or submitting your user content on the App, you grant the Company a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, fully-paid license to host, publish, translate, or display, in whole or in part, your user content, your name or likeness, for the purposes of delivering our Service in any format and media now known or developed in the future without any compensation to you.

    You understand and accept that any user content you upload to the App is deemed non-confidential and will be visible to your assigned instructor and program manager on the App.

    9.4. You acknowledge and agree that the Company shall not have any liability for the loss or destruction of your user content, and you hereby release the Company from all liability arising from or associated with any loss, destruction, or misuse of your user content.

    9.5. The Company reserves the right to monitor or remove any user content on the App, but we are not under any legal obligation to do so. Our failure to exercise our rights does not result in a waiver of such rights. The Company will not be responsible for errors, omissions, or inaccuracies in your user content on the App. Your decision to post your user content on the App is entirely at your own risk, and you hereby release the Company from all liability arising out of or associated with your user content.

    10. Intellectual Property

    10.1. The Company retains all intellectual property rights in the Service, including but not limited to any text, graphics, audio-visual content, algorithms, software, processes, tools, documentation, and the like, as updated from time to time (“Company Content”).

    10.2. All Company Content is subject to trademark, copyright, and other applicable intellectual property laws and international conventions.

    10.3. Subject to your ongoing compliance with the Agreement, the Company hereby grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Company Content for your personal use only. Nothing in this Agreement shall be construed as a sale of any Company Content to you. You will not acquire any right, title, or interest in or to the Company Content, and the Company reserves all rights that are not expressly granted herein.

    10.4. You shall not copy, modify, reverse engineer, create derivative work of, disassemble, or decompile any Company Content. You agree that you will not remove or otherwise tamper with any proprietary rights notices affixed on any Company Content.

    10.5. You acknowledge and agree that any use or exploitation of the Company Content in violation of this provision may cause us or our licensors irreparable injury. The Company and its licensors may seek remedy for breach of this provision either in equity or through injunctive or other equitable relief.

    10.6. The MindSync, its logos, and its marks are the Company’s trademarks, whether registered or unregistered. Any use of the Company's trademarks for any product/service that is not owned or operated by the Company is expressly prohibited.

    11. Digital Millennium Copyright Act Notice

    If your copyrighted content is published, transmitted, or displayed on the Website or the App without your authorization, you are advised to send your> copyright infringement notice to info@themindsynckids.com with the following information:

    11.1. Identification of the content that is claimed to be infringing your copyrighted works;

    11.2. Link or information relating to the page where such content appears;

    11.3. Your contact information, including your name, phone number, and email address;

    11.4. A written and signed statement by you that:

    11.4.1. The information provided by you in the copyright infringement notice is accurate; and

    11.4.2. Under penalty of perjury, you have the relevant rights and authority to communicate with us regarding the copyright infringement.

    12. Prohibited Activities

    You expressly agree that you will not:

    12.1. Use the Service for any unlawful purposes;

    12.2. Use the Service in a manner that violates any provision of this Agreement;

    12.3. Harass or threaten any Company employees (including our instructors), agents, or affiliates;

    12.4. Infringe the copyright, trademark, trade secret, or other intellectual property rights of others;

    12.5. Attempt to access the App through means other than the interface provided by the Company;

    12.6. Circumvent or breach any security measures used by the Company to protect the App;

    12.7. Modify, adapt, translate, or reverse engineer any portion of the App;

    12.8. Use any robot, site search/retrieval application, or other devices for the purposes of scraping content or to circumvent the technological methods adopted by us to prevent such prohibited use;

    12.9. Reformat or frame any portion of the web pages without the express written consent of the Company;

    12.10. Register accounts under false or fraudulent pretenses;

    12.11. Register an account for a child who is not under your parental responsibility;

    12.12. Use the Website or the App for the purposes of creating competitive product/service;

    12.13. Introduce or transmit any virus, Trojan horse, worms, or other code or software routine of a malicious nature;

    12.14. Disrupt or otherwise interfere with the proper working of the App;

    12.15. Impose an unreasonable or disproportionately large load on our IT infrastructure.

    Any violation of this provision will result in the immediate termination of your account.

    13. Electronic Communication

    When you sign-up for an account, you enter into this Agreement electronically. You understand and agree that all communication between you and the Company is through electronic means.

    For the purposes of this Agreement, you expressly consent to receive communications from the Company electronically. Furthermore, you agree that all notices, disclosures, and other communications that the Company provides you electronically will meet any legal requirement that such communication should be in writing.

    14. U.S. Export Controls

    All Company software in connection with the Service is subject to U.S. export control laws. You agree to comply with such applicable laws and regulations, and you agree that you will not transfer or export such software from the United States or re-export such software outside the United States in violation of the U.S. export laws and regulations. The Company does not authorize the downloading or exportation of any software or data from the Website/App to any jurisdiction prohibited by the U.S. export control laws and regulations.

    15. Android and iOS Disclaimer

    By downloading the App through the Apple App Store or the Google Play Store (hereinafter collectively “App Store”), you acknowledge to have fully read, understood, and agreed to the following notice:

    15.1. This Agreement is between you and the Company, and the App Store is not responsible for the App or any Company Content;

    15.2. The App Store does not offer any warranties for the App, and the App Store will not be responsible for any maintenance of the App or provision of any support services for the App. For any support, please contact the Company and not the App Store from where you downloaded the App. The App Store is not under any obligation to provide support for the App;

    15.3. The App Store will not be responsible for any other claims, losses, liabilities, damages, or expenses with respect to the App, including but not limited to any claim that the App failed to conform to any legal or regulatory standards/requirements;

    15.4. Any claim, action, or dispute relating to the App must be brought against the Company. The App Store will not be responsible for the investigation, settlement, defense, or discharge of any third-party claims relating to the App whatsoever;

    15.5. The App Store is a third-party beneficiary of this Agreement with the right to enforce this Agreement against you. You agree to comply with all applicable third-party terms when using the App;

    15.6. You represent and warrant that you are: (1) not listed on any U.S. Government list of prohibited or restricted parties, (2) not located in a jurisdiction that is subject to the U.S. Government embargo, or (3) not located in a country that is designated as a “terrorist supporting” country; and

    15.7. In addition to the above, you represent that you have read, understood, and agree to any other applicable terms of the App Store from where you downloaded the App.

    16. Acknowledgments

    You acknowledge and agree that:

    16.1. Your use of the App is at your own discretion. No advice or information, whether oral or written, you obtain from the Company, its instructors or other employees shall create any warranty that is not expressly stated in this Agreement; and

    16.2. You will be solely responsible for all activities you undertake on the App; and

    16.3. The Company may add, modify or retire any features and functionality on the App at its sole discretion. In the event the Company modifies or retires any feature and functionality that are included in your current subscription, the Company will notify you of the same, and such change will only become effective from the effective date specified in the notice to you.

    17. Disclaimer of Warranties

    THE SERVICE AND ALL CONTENT AVAILABLE THEREIN ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE. THE COMPANY DOES NOT OFFER ANY WARRANTIES THAT THE SERVICE OR ANY COMPANY CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, ERROR-FREE, AND SECURE; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (E) ANY DEFECTS OR ERRORS WILL BE CORRECTED.

    THE COMPANY’S DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (“THE COMPANY AND ITS OFFICERS”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY. IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE APP OR ANY INSTRUCTOR’S CONDUCT.

    18. Limitation of Liability

    IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, AND INCIDENTAL DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF DATA OR ANY OTHER SIMILAR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, YOUR CONDUCT, YOUR RELIANCE UPON ANY COMPANY CONTENT, ANY INTERRUPTION OR CESSATION OF THE WEBSITE/APP, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

    THE COMPANY AND ITS OFFICERS’ LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF THE FOLLOWING AMOUNTS: (1) ANY FEES YOU PAID TO THE COMPANY IN THE MONTH WHEN THE CLAIM FIRST AROSE; OR (2) $50 USD.

    SOME JURISDICTIONS DO NOT ALLOW ANY LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES; IF YOU ARE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    19. Indemnification

    You hereby indemnify, defend and hold harmless the Company and its officers against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with:

    19.1. Your use of the Service;

    19.2. Your breach of this Agreement;

    19.3. Your negligence or wilful misconduct; or

    19.4. Your violation of applicable law.

    The Company may, at our sole discretion, assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

    20. Binding Arbitration and Class Action Waiver

    YOU AND THE COMPANY WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR ANY BREACH OF THIS AGREEMENT.

    YOU UNDERSTAND AND ACCEPT THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST THE COMPANY. YOU AND THE COMPANY AGREE TO RESOLVE ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THIS AGREEMENT BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. CLAIMS SHALL BE HEARD BY A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES AND AN EQUAL SHARE OF THE ARBITRATOR’S AND ADMINISTRATIVE FEES OF ARBITRATION.

    THIS ARBITRATION PROVISION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF TERMINATION.

    21. Governing Law

    These Terms and Conditions shall be governed by and interpreted pursuant to the laws of Florida, United States, without giving effect to any principles of conflict of law.

    22. Amendments

    We reserve the right to update this Agreement at any time. Where we make any changes to this Agreement, we will update the last modified date on the top. Unless expressly specified otherwise, all amendments shall be effective from the date we publish the updated version on our Website and App. Please note that if we make any amendments that materially impact your rights or obligations under this Agreement, we will also notify you of such changes by email prior to the effective date of such amendments. You are advised to periodically review this Agreement to familiarise yourself with any material changes. Your continued use of the Service after the effective date of any amendments shall constitute your acceptance of such amendments. If you do not agree with any amendments to this Agreement, your sole remedy is to cease using the Service.

    23. Feedback

    We welcome your feedback and any suggestions for improvements. Although we love to receive feedback and suggestions, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback or suggestions to us, you understand that you are granting us a fully-paid and exclusive, irrevocable, perpetual, and worldwide license to use or share your submission as we deem fit and without any restriction or compensation to you, either now or ever in the future. You understand and accept that the Company has the right to use your feedback or suggestion in any manner and for any purpose we deem fit, but we are not under any obligation to do so. Your feedback and suggestions are deemed non-confidential in nature.

    24. Contact us

    For any queries or requests, you can write to us at:

    11346 lemon Lake Blvd, Orlando, FL 32836

    info@themindsynckids.com

    25. Force Majeure

    The Company shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labor dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.