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Terms of Service

Version: 1.01

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Last Updated: April 27, 2026

1. Definitions

Throughout these Terms, we use specific terminology to describe our Platform and services:

2. Agreement to Terms

By accessing or using the MaxiMind Platform, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms that may apply to specific features.
 

If you do not agree to these Terms, do not access or use the Platform.
 

These Terms constitute a legally binding agreement between you and MaxiMind.

2.1 Modifications to Terms

We may modify these Terms at any time. We will provide at least 30 days notice before material changes take effect via:

  • Email notification to your registered address

  • In-app notification upon login

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms. If you disagree with changes, you may terminate your account before the changes take effect.

3. Eligibility
3.1 Age Requirement

You must be at least 13 years old to use the Platform. By creating an account or using MaxiMind, you represent and warrant that you are at least 13 years of age. If you are under the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and accepted these Terms on your behalf where required by applicable law.

3.2 One Account Per Person

Each user may maintain only one account. Creating multiple accounts may result in termination of all accounts without notice.

3.3 Accurate Information

You must provide accurate, current, and complete information when creating your account. You are responsible for:

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  • Maintaining the accuracy of your account information

  • Keeping your login credentials confidential

  • All activities that occur under your account

  • Notifying us immediately of any unauthorized access at team@maximind.app

4. Service Description
4.1 What MaxiMind Provides

MaxiMind is a Performance OS for your mind - a personal development platform that provides:

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  • Power Rep Sessions: Short preparatory audio to set daily intention and focus

  • Performance Training Sessions: Longer personalized audio using guided relaxation and dual channel audio patterns

  • Log: Journaling and reflection tools for tracking your mindset improvement

  • AI-Generated Protocols: Customized audio scripts based on your stated goals

4.2 Important Disclaimers

NOT MEDICAL OR MENTAL HEALTH TREATMENT

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MaxiMind is a wellness and personal development service designed to support mindset optimization. THE PLATFORM IS NOT:

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  • A medical treatment, therapy, or counseling service

  • A substitute for professional mental health care

  • A replacement for licensed medical, psychological, or psychiatric treatment

  • A diagnostic tool for any medical or psychological condition

  • A HIPAA-covered healthcare service

 

YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL before using this Platform if you have any concerns about your physical or mental health.

4.3 Contraindications

You should NOT use the Platform if you:

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  • Have a history of seizures or epilepsy

  • Have been diagnosed with schizophrenia, psychosis, or dissociative disorders

  • Are currently experiencing active suicidal ideation or severe, untreated depression

  • Are under the influence of alcohol or drugs

  • Have any condition that could be adversely affected by guided relaxation, meditation, or hypnotic techniques

  • Are operating machinery or driving while using audio sessions

 

If you are pregnant, consult your healthcare provider before use.

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IF YOU ARE IN CRISIS, please contact emergency services immediately:

  • Emergency: 911 (US)

  • 988 Suicide & Crisis Lifeline: Call or text 988 (US)

  • Crisis Text Line: Text HOME to 741741 (US)

5. AI-Generated Content
5.1 How We Use AI

The Platform uses artificial intelligence to create personalized experiences:

5.2 Limitations of AI Content

You acknowledge and understand that:

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  • AI-generated content is based on the information you provide and may not always be accurate, appropriate, or effective for your specific situation

  • AI cannot replace human professional judgment, especially regarding health matters

  • The quality and relevance of AI content depends on the accuracy of information you provide

  • AI systems have inherent limitations and potential biases

  • Generated content is for personal development purposes only, not professional advice

5.3 Right to Human Review

You may request human review of any AI-generated content or automated decisions that significantly affect your use of the Platform. Contact team@maximind.app with your request.

6. User Conduct & Content Moderation
6.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You will NOT:

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  • Submit content that is harmful, abusive, harassing, discriminatory, or threatening

  • Attempt to manipulate the AI to generate harmful, illegal, or inappropriate content

  • Use the Platform for any illegal purpose

  • Impersonate any person or entity

  • Interfere with or disrupt the Platform's operation

  • Attempt to gain unauthorized access to any systems or data

  • Use automated systems, bots, or scrapers to access the Platform

  • Reverse engineer or decompile any part of the Platform

  • Share your account credentials with others

6.2 Content Moderation

We employ multi-layer content moderation to ensure safety:

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  • Automated screening of user inputs

  • AI-based content analysis

  • Human review for flagged content

Content that violates our policies will be rejected and not processed.

6.3 Three-Strike System

Violations of these Terms result in strikes against your account:

Severe violations (threats, harassment, illegal content) may result in immediate permanent termination without prior warning.

6.4 Appeal Process

You may appeal any moderation action within 14 days by emailing team@maximind.app with:

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  • Your account email

  • Description of the action you're appealing

  • Reason for your appeal

We will respond within 14 business days.

7. Subscription & Payment
7.1 Payment Processing

All purchases are processed via Stripe through the maximind.app website. We do not offer in-app purchases on iOS or Android; mobile users complete purchase on the web and access content through their account.

7.2 Purchase Model

MaxiMind is sold as one-off purchases (no auto-renewing subscriptions at this time). Each purchase grants access to a defined Protocol or content bundle as described at checkout.

7.3 Refund Policy

Full refund available within 14 days of purchase by emailing team@maximind.app. After 14 days, purchases are non-refundable except where required by law.

7.4 Price Changes

Prices for future purchases may change at any time and will be displayed at checkout. Existing purchases are not affected by subsequent price changes.

8. Intellectual Property
9.1 Platform Ownership

The Platform, including all software, designs, protocols, methodologies, audio techniques, branding, trademarks, and documentation, is owned by MaxiMind or its licensors and is protected by intellectual property laws.

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Nothing in these Terms grants you any right, title, or interest in the Platform beyond the limited license to use it as described herein.

8.2 Your Content

You retain ownership of content you submit, including:

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  • Journal entries

  • Goals and preferences
     

By submitting content, you grant MaxiMind a non-exclusive, worldwide, royalty-free license to use, process, and store your content solely to provide the Service.

8.3 Generated Audio License

Audio sessions generated for you are provided under a personal, non-commercial license. You may:

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  • Listen to your sessions on personal devices

  • Download sessions for personal offline use


You may NOT:

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  • Redistribute, sell, or license generated content

  • Use generated content for commercial purposes

  • Remove any attribution or watermarks

  • Share your generated sessions publicly

9. Data Privacy
9.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Security

We implement industry-standard security measures including:

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  • Encryption in Transit: All data transmitted via HTTPS/TLS 1.3

  • Encryption at Rest: Database and file storage encrypted (AES-256)

  • Row-Level Security: Database policies ensure you only access your own data

  • Access Controls: Role-based permissions and audit logging

9.3 Breach Notification

In the event of a data breach affecting your personal information, we will notify you within 72 hours as required by the FTC Health Breach Notification Rule and applicable state laws.

10. Disclaimers & Limitations of Liability
10.1 Service Provided "As Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Results

WE DO NOT GUARANTEE THAT:

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  • The Platform will meet your expectations or requirements

  • The Platform will be uninterrupted, timely, secure, or error-free

  • Any content will be accurate, reliable, or complete

  • You will achieve any particular results from using the Platform

  • The Platform is suitable for your specific situation

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXIMIND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

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OUR TOTAL LIABILITY for any claims arising from these Terms or your use of the Platform shall not exceed the GREATER OF:

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  • Five hundred dollars ($500), OR

  • The total amount you paid to us in the 12 months preceding the claim

10.4 Exclusions

The limitations above do NOT apply to liability arising from:

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  • Gross negligence or willful misconduct by MaxiMind

  • Personal injury caused by MaxiMind's negligence

  • Fraud or fraudulent misrepresentation

  • Any liability that cannot be excluded or limited under applicable law

10.5 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless MaxiMind and its officers, directors, employees, agents, licensors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Platform

  • Your violation of these Terms

  • Your violation of any rights of another person or entity

  • Content you submit to the Platform

  • Your breach of applicable laws or regulations

12. Dispute Resolution & Arbitration
12.1 Informal Resolution First

Before initiating formal dispute resolution, you agree to contact us at team@maximind.app and attempt to resolve any dispute informally for at least 30 days.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

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Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by American Arbitration Association in accordance with its rules then in effect.

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  • Location: Arbitration shall be conducted virtually via video conference unless both parties mutually agree to an in-person proceeding. If in-person, hearings shall be held in Sheridan, Wyoming

  • Governing Law: Wyoming law, excluding conflict of law principles

  • Decision: The arbitrator's decision shall be final and binding

  • Enforcement: Judgment on the award may be entered in any court of competent jurisdiction

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

If for any reason a claim proceeds in court rather than arbitration, YOU WAIVE ANY RIGHT TO A JURY TRIAL.

12.4 Opt-Out Right

You have the right to opt out of binding arbitration within 30 days of creating your account by sending written notice to team@maximind.app. Your opt-out must include:

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  • Your full name

  • Email address associated with your account

  • Clear statement that you wish to opt out of the arbitration agreement

 

If you opt out, you may pursue claims in court, but the class action waiver will still apply to the extent permitted by law.

12.5 Exceptions to Arbitration

The following are NOT subject to arbitration:

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  • Small claims court actions within the court's jurisdiction

  • Intellectual property infringement claims

  • Emergency injunctive relief

  • Claims under Washington's My Health My Data Act (MHMDA) where arbitration is prohibited by law

  • Any claims that applicable law prohibits from being arbitrated

13. Termination
13.1 Your Right to Terminate

You may terminate your account at any time by:

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  • Using the Account Deletion feature in Settings

  • Emailing a deletion request to team@maximind.app

13.2 Our Right to Terminate

We may suspend or terminate your account immediately if:

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  • You violate these Terms

  • You engage in fraudulent activity

  • We are required to do so by law

  • We cease operating the Platform

  • Your payment method fails and is not remedied

13.3 Effect of Termination

Upon termination:

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  • Your right to use the Platform ceases immediately

  • Your data will be deleted in accordance with our Privacy Policy retention schedule

  • You lose access to all generated content

  • Purchases will not be refunded (except as provided in Section 7.3)

  • Provisions that by their nature should survive (including disclaimers, limitations of liability, indemnification, and dispute resolution) will survive termination

14. General Provisions
14.1 Governing Law

These Terms shall be governed by the laws of Wyoming, United States, without regard to conflict of law principles.

14.2 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and MaxiMind regarding the Platform.

14.3 Severability

If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

14.4 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14.5 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Acceptance Checklist

Before using the Platform, you must acknowledge the following. Note: Health-related consents are collected separately at the point of use and are not pre-checked.

16. Platform-Specific Terms
16.1 iOS App Store

The MaxiMind iOS app is distributed via Apple App Store but does not offer in-app purchases. Purchases are made on the web and unlocked in the app via your account. You acknowledge that these Terms are between you and MaxiMind, not Apple. Apple has no obligation to provide maintenance or support and is not responsible for any product claims.

16.2 Google Play

The MaxiMind Android app is distributed via Google Play but does not offer in-app purchases. Purchases are made on the web and unlocked in the app via your account. You acknowledge that these Terms are between you and MaxiMind, not Google. Google has no obligation to provide maintenance or support and is not responsible for any product claims.

16.3 Web (Stripe)

If you purchase via the web:

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Contact Information

If you have questions about these Terms, please contact us:

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Legal Inquiries: team@maximind.app

General Support: team@maximind.app

Privacy Concerns: team@maximind.app

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Mailing Address:

Health Maxers LLC

30 N Gould St #25736

Sheridan, WY 82801

Document Version: 1.01

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Effective Date: April 27, 2026

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