Thank you for using MindWare!
Please read these Terms and Conditions carefully. MindWare Technologies LTD (“MindWare”, “our”, or “we’) are a provider of psychophysiology hardware, software, and related services. Before we cover the actual content of this agreement we would like to define and expand on some additional terms found throughout these Terms and Conditions.
- “Content” refers to the type of applications you purchase and use along with information about subscription durations, and the frequency in which you add and terminate subscriptions
- “Goods” refers to MindWare analysis Software
- “Service” or “Services” refers to our online store and cloud-based licensing system that enables you to access our software under a subscription model
- “Software” refers to one or more of MindWare’s analysis Software programs
- “Software-based licenses”, “Software Licenses”, or “Licenses” allow a user to operate Software on a specific computer
- “Terms” refers to the collective Terms and Conditions found in this agreement
- “Terms Page” refers to our webpage that contains our updated Terms
1. Acceptance of Subscription Terms And Conditions
1.1 These subscription Terms are accepted by checking “I have read and accepted the subscription terms and conditions” in the subscription form, or by using the Software or Services, and apply between MindWare and the entity agreeing to these Terms.
2.1 Children under the age of 13 may not purchase MindWare Goods or Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use MindWare Goods or Services under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase Goods or Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Goods and Services and any purchases, including all legal liability he or she may incur.
3. Modification of the Terms
3.1 We may revise and update these Terms from time to time and will post the updated Terms to our online Terms Page, which is available at (mindwaretech.com/termsandconditions/software/).
3.2 Unless otherwise stated in the amended version of these Terms, any changes to these Terms will apply immediately upon posting on our Terms Page. Although we are not obligated to provide you with notice of any changes, any changes to these Terms will not apply retroactively to events that occurred prior to such changes. Your continued use of our Goods and Services will constitute your agreement to any new provisions within the revised Terms.
5.1 Software-based Licenses are distributed, activated, and authenticated by a centralized license server. The initial activation and authentication of your Software will require that your computer has internet access. Periodically, the Software will require additional authentication which will also require internet access.
5.2 Once activated, Licenses are intended to be installed on a single computer at a time.
5.3 MindWare will transfer Licenses to a new computer upon request assuming a valid reason is given, such as loss of access to the computer, computer upgrade, departure of the user, or other extenuating circumstances. Transfer of Licenses should not be used to “share” a single License among multiple users.
5.4 MindWare reserves the right to deny a License transfer at its discretion
6. Subscription Terms, Types, and Payment
6.1 The subscription becomes effective upon license activation and will continue to be in effect until terminated in accordance with these Terms and Conditions.
6.2 MindWare offers both monthly and annual subscriptions to the Software.
6.3 By purchasing a monthly subscription, you agree to an initial and recurring monthly subscription fee at the then-current monthly subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription.
6.4 The first billing period encompasses the 30 days following the Software activation date. Subsequent billing periods will follow this same structure.
6.5 The total monthly cost for licenses will vary depending on the number of monthly licenses that each user purchases at the time of checkout. Any existing and recurring monthly subscription licenses under the user’s account will also be included in the total discount calculation.
6.6 Monthly Software subscriptions are upfront payment only. If a purchase order is received for a monthly subscription, the start date and access to the Software will not begin until MindWare has received the funds or until the funds have been deposited into the MindWare banking account if paid via check.
6.7 If we do not receive payment from your credit card provider or if your credit card expires or is rejected, access to your subscription will be revoked if this issue is not resolved within a 5 day grace period.
6.8 By purchasing an annual subscription, you agree to an initial payment for one full year of Service and access to our Software. After one year and annually thereafter, you will be billed a recurring annual subscription renewal fee at the then-current annual subscription rate. We will notify you before the renewal fee is billed.
6.9 The first billing period encompasses the 365 days following the Software activation date. After that, billing takes place every year in advance on the previous order confirmation date.
6.10 The total annual cost for licenses will vary depending on the number of annual licenses that each user purchases at the time of checkout. Any existing and recurring annual subscription licenses under the user’s account will also be included in the total discount calculation.
6.11 Annual Software subscriptions are available with upfront or negotiated payment terms. If your sale must be completed with a purchase order and/or with payment terms please contact your MindWare sales representative or email [email protected] to complete the transaction.
6.12 If we do not receive payment per the payment terms specified on your estimate, your access to the Software will be revoked until payment is received.
7. Returns and Refunds
7.1 MindWare reserves the right to refuse any return or refund for a Software subscription. Prior to purchasing MindWare analysis Software, we encourage you to request a free one-on-one demonstration by contacting [email protected] MindWare also provides a complimentary “demo” mode with all of our analysis Software which may be downloaded from our support site support.mindwaretech.com/downloads
7.2 Partial refunds will not be issued if a License is not used or not needed for the full duration of the billing cycle
8. Addition and Termination of Subscriptions
8.1 If one or more License subscriptions are added while other Licenses of the same type (e.g., monthly or annual) on your account are still active, the total subscription cost will update during the next billing cycle per the multiple license discount schedule.
8.2 Similarly, if one or more License subscriptions are canceled while other Licenses of the same type (e.g., monthly or annual) on your account are still active, the total subscription cost will update during the next billing cycle per the multiple license discount structure.
8.3 Any changes to total billing cost will be clearly indicated when making modifications to your subscriptions
9.1 You may cancel your subscription anytime before the next billing cycle. Upon cancellation, you will not be billed again and may continue to use your License for the remainder of the subscription period.
10.1 To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service; (ii) we won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, our total liability to you arising under or in connection with this Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
10.2 To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from this Agreement.
10.3 You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your use of the Service or (ii) your violation of any laws or regulations, (iii) any misrepresentations made by you, or (iv) a breach of any representations or warranties you’ve made to us.
10.4 This Service is intended only for research purposes. Any use or application of this Service for or involving medical or clinical treatment must be performed by properly trained and qualified medical personnel, and all traditional medical safeguards, equipment, and procedures that are appropriate in the particular situation to prevent serious injury or death should always continue to be used when the Service is being used. The Service is NOT intended to be a substitute for any form of established process, procedure, or equipment used to monitor or safeguard human health and safety in medical or clinical treatment.