Welcome to Mindful! We cannot wait to join you on this fulfilling journey. By joining our community as a member, you agree to the terms and conditions of this Membership Agreement (“Agreement”) with Mindful Life Inc, Delaware corporation (“Mindful”, “we”, “our”, or “us”). This includes terms and conditions related to our code of conduct to ensure a positive and collaborative environment for all members as well as membership levels, fees, payment obligations, and other standard terms.
1. Purpose of the Services and Community
We are on a mission to improve our members’ mindfulness and wellness through various membership services, including by fostering a community that cherishes collaboration, support, and positivity. Mindful commits that its membership programs and services will be fully consistent with this mission. We ask that you commit to do the same as a member so that we can share, learn, and grow together in a respectful and constructive manner – particularly, by following our Code of Conduct (below).
2. Code of Conduct
To maintain a safe and welcoming space consistent with our mission, you agree to the following:
- Be Respectful: Treat all members with kindness and respect. Avoid language or behavior that is or may be perceived as confrontational, harmful, misleading, offensive, or inappropriate.
- Foster Positivity: Share content and participate in discussions with a positive and constructive attitude.
- No Harassment or Abuse: Avoid abusive, harassing, offensive, derogatory, discriminatory, stalking, threatening, or bullying behavior or language.
- Stay On Topic: Ensure contributions align with our mission. No spam, self-promotion, unauthorized commercial uses, or any other activities that could damage, disable, overburden, or impair Mindful’s provision of services to its members.
3. Membership Services and Levels
Mindful offers the following membership levels, which you may select to use and pay for (as applicable) through Mindful’s website and platform.
- Present Membership (free) – This free membership level provides you with limited access to our membership services. You can access these free services by clicking “Join” on the website. This will allow you to join Mindful on its Mighty Networks platform (Might Networks is our third-party platform service provider) and to access limited free classes and content, view our other classes and materials available at the higher levels of membership, and interact with the community.
- Foundations Membership ($17.99/month) – This includes all of the above and access to all classes, workshops, community members, challenges to complete, and badges that you can earn, and more. We will offer select discounts on Mindful’s products to members at this level. To start, we are offering a discounted price of $9.99/month for the first 3 months for the first 500 signups.
- Awareness Membership (Coming in 2025)
All membership levels require that you create an account and profile, share your name, contact information, story, goals, and topics that you are interested in.
Mindful reserves the right to modify, suspend, or discontinue any membership levels or services provided under this Agreement at its sole discretion without notice. Mindful may amend the membership fees at any time effective for your next membership term. Mindful will endeavor to notify you of any significant changes to the services or fees that would materially affect your use of or payment for such membership services.
4. Payments
For the above paid membership levels, you will pay membership fees to Mindful in exchange for access to Mindful’s membership services. The membership fees are provided above or as otherwise posted by Mindful from time to time, which most recent postings shall govern if they vary from the pricing provided herein. By selecting a paid membership option through Mindful’s website, you authorize Mindful to charge your credit or debit card based on the pricing provided herein or the most recent posted pricing. Unless otherwise agreed between you and Mindful, all membership fees are due and will be automatically charged to your provided payment method at the beginning of each month prior to the delivery by Mindful of membership services that month. Your failure to timely pay any fees or charges under this Agreement may result in suspension or termination of access to the services, at Mindful’s sole discretion.
You must provide Mindful with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by Mindful) or use Apple Pay, Google Pay or any other payment or financial mechanism specified by Mindful (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit or debit card, Apple Pay account or Google Pay account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing your payment details, you accept and consent to being charged fees in the form requested by Mindful and that no additional notice or consent is required.
Mindful uses Stripe, Inc. (“Stripe”) as a third-party service provider for payment services (e.g., card acceptance, merchant settlement and related services) in connection with Mindful’s membership services (“Payment Processor”). By purchasing a Mindful membership, you agree to be bound by Stripe’s Privacy Policy, available at https://stripe.com/privacy, and you hereby consent and authorize Mindful and/or Stripe to share any information and payment instructions you provide with Payment Providers to the minimum extent required to complete your transactions. Mindful reserves the right to change and/or add payment processing options without prior notice.
If there is any confusion about the pricing and a charge made to your credit card, you shall have 30 days from the date of the charge to request clarification and any adjustment to address any misunderstanding, which Mindful may address in its sole reasonable discretion.
Payment shall be made in United States dollars (USD) unless otherwise agreed in writing by the parties. You shall be responsible for all taxes, levies, duties, or similar governmental assessments of any nature associated with your membership fees, including but not limited to any state, local, or jurisdictional sales, use, or similar taxes that may be imposed on your purchase of membership services, excluding only taxes based on Mindful’s net income. Mindful may charge you for such taxes if it determines it has a legal obligation to pay them in connection with your use of the membership services.
5. Enforcement
If you violate this Agreement, you will typically be subject to the following actions:
- First Violation: A warning from a Mindful moderator or administrator.
- Repeated Violations: Temporary or permanent removal from the community at Mindful’s sole discretion.
Mindful reserves the right to temporarily or permanently remove a member from the community at any time, even for a first violation, at its sole discretion.
6. Term and Termination
Your membership will continue indefinitely until terminated in accordance with this Agreement. The typical initial membership term is 12-months long (the “Initial Membership Term”). After your Initial Membership Term ends, and again after any subsequent membership terms, your membership will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at your existing membership fee for your membership type. You agree that you will be subject to this automatic renewal feature unless you cancel your membership prior to the Renewal Commencement Date by emailing info@mindful.style with your request to cancel.
If you cancel your membership, you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current membership term expires. However, you will not be eligible for a prorated refund of any portion of the membership fees paid for the then-current membership term.
This Agreement may be terminated by either Mindful or you upon written notice to the other party. The following are conditions under which this Agreement may be terminated:
- You fail to comply with any significant term or condition of this Agreement and does not remedy such failure within a reasonable period after receiving written notice of such failure from Mindful.
- You engage in any conduct materially detrimental to the interests of other members or Mindful, including but not limited to, violation of Mindful’s policies or misuse of the membership programs and services.
- Mindful decides, at its sole discretion, to discontinue the membership services.
- Upon mutual agreement of the parties.
- You decide to cancel your membership at any point prior to the renewal date for your membership for any reason with effect from the end of the relevant membership term.
You can change your membership level yourself through the website or by contacting info@mindful.style.
You may be allowed by Mindful, in its sole discretion, to pause your membership for either a three (3) or six (6) month period per year. For more information on requesting a pause to your membership, please contact info@mindful.style.
Upon termination of this Agreement for any reason, you must immediately cease use of the membership services.
7. Disclaimers and Limitation of liability
The Mindful membership services are provided “as is” and without warranty of any kind. Use of the Mindful events is entirely at your own risk.
THE MINDFULNESS AND WELLNESS INFORMATION AND RECOMMENDATIONS PROVIDED IN CONNECTION WITH MINDFUL’S SERVICES ARE INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE HEALTH OR MEDICAL ADVICE. ANY RELATED RECOMMENDATIONS ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL GUIDANCE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE MAKING ANY HEALTH-RELATED DECISIONS OR CHANGES TO YOUR WELLNESS ROUTINE. RELIANCE ON ANY INFORMATION PROVIDED BY US IS AT YOUR OWN RISK
To the maximum extent permitted by law, Mindful disclaims all representations and warranties, express or implied, relating to the membership services or any content that is part of the membership program and services, whether provided or owned by Mindful or by any third party, including without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, you assume total responsibility and risk for your use of the membership services, and Mindful does not make any representation or warranty that any of the membership program and services, products, or any content available through any of the membership program and services is accurate, complete, available, current, free of viruses or other harmful components or defects, or that the services or products will meet your requirements. No advice or information, whether oral or written, obtained by you from Mindful shall create any warranty not expressly made herein.
In no event whatsoever shall Mindful, its affiliates or suppliers, or their respective officers, employees, shareholders, agents or representatives, be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, whether directly or indirectly arising, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, arising under tort, contract, or other law and regardless of such party’s breach of contract or negligence or whether such party knew or should have known of the possibility of such damages.
Mindful neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the services. If, notwithstanding the other provisions of this agreement, Mindful is found to be liable to you for any damage for the use of any services or membership, Mindful’s liability shall in no event exceed the total of any fees paid by you to Mindful in the six (6) months prior to the date the claim is asserted for any of the services.
8. Additional Terms
This Agreement incorporates by reference the Mindful Privacy Policy and Terms of Use, which are posted via link at the bottom of the Mindful website located at www.mindful.style or which may be otherwise provided to you by Mindful.
9. Amendments
This Agreement may be amended, modified, or supplemented only by a written instrument signed by both Mindful and you. Any such amendments, modifications, or supplements must be supported by adequate consideration and comply with applicable law. Notwithstanding the foregoing, Mindful reserves the right, at its sole discretion, to modify the membership program and services provided under this Agreement or any policies or documents incorporated by reference, provided that Mindful gives you reasonable notice of such changes. Your continued use of the membership services following such notice will constitute your acceptance of the changes. In the event of any conflict between this Agreement and any such modification, the terms of this Agreement shall prevail.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict of laws principles.
The parties agree to first attempt to resolve any dispute informally through negotiation. If the dispute cannot be resolved informally within thirty (30) days of notice of the dispute, then the parties agree to submit the dispute to binding arbitration conducted in the English language in Montana, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).
The parties agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, one will be appointed by the AAA. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The decision of the arbitrator shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
11. Acceptance
By using Mindful’s membership services, participating in this community, and/or by providing your affirmative consent to this Agreement, you acknowledge that you have read, understood, and agree to abide by this Agreement.
12. Thank you!
Thank you for contributing to the positive and supportive spirit of Mindful!
Together, we can accomplish our mission of improving your and other members’ mindfulness and wellness.
If you have any questions or concerns, please contact us at info@mindful.style