Terms of Use ("Terms")

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using any mobile application, product, service, site, feature or functionality operated by Positive Mindset sp. z o. o. (collectively, the "Service", "us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Subscriptions

Some parts of the Service may be available through auto-renewable subscriptions or one-time purchases. Available plans, billing periods, prices, free trials, and other purchase terms are displayed in the applicable Application and in the App Store before purchase.

Auto-renewable subscriptions renew automatically unless cancelled before the end of the current subscription period. You can manage or cancel subscriptions through your Apple Account or App Store subscription settings.

Fee Changes

Positive Mindset sp. z o. o., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Positive Mindset sp. z o. o. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Purchases made through the App Store are processed by Apple. Refund requests and eligibility are subject to Apple's applicable refund policies and applicable law.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

You retain all rights to Content you create or provide through the Service and are responsible for such Content and for ensuring that you have the right to use it. By providing Content through the Service, you grant us only the limited rights reasonably necessary to provide, maintain, and operate the applicable features of the Service. Content is not made publicly available or shared with other users unless the applicable feature is specifically designed for sharing and you choose to use that feature. We may remove Content where reasonably necessary to operate the Service, comply with law, protect users, or enforce these Terms.

In addition, Content found on or through this Service are the property of Positive Mindset sp. z o. o. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

Some Applications may offer or require user accounts. Where an account is provided, you are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account. You must provide accurate information and notify us if you become aware of unauthorized use of your account.

Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Positive Mindset sp. z o. o. and its licensors. The Service is protected by applicable copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Positive Mindset sp. z o. o.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Positive Mindset sp. z o. o.

Positive Mindset sp. z o. o. has no control over, and assumes no responsibility for the content, privacy policies, or practises of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Positive Mindset sp. z o. o. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service, or any account associated with the Service, without prior notice where permitted by applicable law, including in the event of a breach of these Terms.

You may discontinue using the Service at any time.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Positive Mindset sp. z o. o. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Positive Mindset sp. z o. o., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Positive Mindset sp. z o. o. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Poland, without prejudice to any mandatory consumer protection rights that apply under the laws of the user's country of residence.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at mail@positive-mindset.net