© 2019 by Mindful Affirmations

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Terms & Conditions

General Terms of Use and Sale

Last revised on September. 2, 2019

Article 1 - Preamble

These General Terms of Use and Sale (GTUS, the “Agreement”) apply to the services offered on the website Mindful Affirmations.app (the “Site”) and in the Mindful Affirmations mobile application, operated by Joan Anselm Cardona Serra (“us,” “we,” the “Company”, “Application”, “Mindful Affirmations”).

The service is published by Joan Anselm Cardona Serra (Limited shared company subject to the law of United Kingdom countries) which is registered in the Registrar of Companies for England and Wales under the registration number 9688309. The GTUS set out the rights and obligations of the parties in relation to the use of the mobile application. They form the basis of a contractual relationship between the member and Joan Anselm Cardona Serra .

These GTUS set out the main rules for the use of the mobile application. They are supplemented by additional policies, the Personal Data Policy, the Cookie Policy and the Frequently Asked Questions (FAQ) to give the member more precise guidance for the use of the mobile application. In the event of a conflict between the various policies which renders the rules incomprehensible, unintelligible and/or unpredictable, these GTUS shall take precedence over the Personal Data Policy, the Cookie Policy and the FAQ.

If any provision of these GTUS is declared void or unenforceable pursuant to a law, regulation or judicial decision issued by a court with jurisdiction, the other provisions shall continue to be valid and effective, except where these GTUS are distorted or where this causes a significant imbalance in the parties’ obligations.

Article 2 - Definitions

In the GTUS, the words or expressions below shall have the following meanings:

Account: the account is the Member’s personal space in the Application, which (s)he accesses by signing on and connecting to the Application. It enables the Member to access the Services.

Application: the Mindful Affirmations application, which is available in the Apple App Store and the Google Play Store and on the Site.

Match: the situation where two Members have accepted a chat request from one another.

Mindful Affirmations: Joan Anselm Cardona Serra  (Limited shared company subject to the law of United Kingdom) which is registered in the Registrar of Companies for England and Wales under the registration number 9688309, the owner and sole operator of the Application, the Site and the “Mindful Affirmations” brand.

GTUS: these General Terms of Use and Sale, the “Agreement”.

Chat request: the action represented by a heart which is used to express interest.

Member(s): a person (or group of persons) registered in the Application

  • Browsing Member(s): characterized by Members’ abilities to create a profile, browse and actively reach out to other Members, sending chat requests and having the ability to like other Members’ profiles.

  • Non-Browsing Member(s): characterized by Members’ abilities to create a profile and participate in chat conversations after a Browsing Member reaches out to them. Non-Browsing Members may not be able to browse and reach out actively to other Members.

Phone number: the Member’s mobile phone number of the device the Application will be installed on, accessed and used.

Services: all services, whether paid for or not, which are offered in the Mindful Affirmations application.

Site: the website Mindful Affirmations.app.

Article 3 - Applicable Law and disputes

These Terms of Use shall be governed, construed and applied in accordance with Swiss law, subject to the protection that is given to Members by the mandatory provisions in local jurisdictions. In the event of a dispute over the meaning of any provision or term of the GTUS, the Member may contact Mindful Affirmations by letter sent to Joan Anselm Cardona Serra , Argenteria 67, Barcelona, Spain 08003 or by sending an email directly to hello@Mindful Affirmations.app.

In the event of a dispute, the Member shall contact Mindful Affirmations in the first instance in order to settle the conflict amicably. Disputes which are not settled amicably shall be referred to the Courts with jurisdiction in the Canton of Schwyz subject to the mandatory provisions of French law with regard to the jurisdiction of courts and the possibility of referral to a consumer mediator in accordance with Title I of Book VI of the Consumer Code.

Article 4 - Changes to the Services and Terms of Use

Mindful Affirmations may amend the GTUS at any time. The Member will be informed of the nature of such amendments when they are placed online on the Site and in the Application. The new GTUS will be communicated through the Application and/or by sending an email to the address provided by the Member and will apply immediately;

  • For Members who signed up after amendments were posted online on the Site, these amendments will be applicable to them immediately as they will have agreed to them explicitly when they became a Member.

  • For Members who signed up before the amendments were posted online on the Site, these amendments will be deemed to have been accepted unconditionally by the Member if (s)he continues to use the Services in the Application.

The Member must read the GTUS carefully when they are updated and familiarize himself/herself fully with the resulting amendments. If (s)he does not agree to the amendments to the GTUS, the Member can terminate the Services and cancel his/her Account in accordance with article 11.

Article 5 - Terms of access and Registration for the Services

The Application can be downloaded free of charge in the Apple App Store for iPhones running versions of iOS specified on Mindful Affirmations’s App Store page and in the Google Play Store for Android smartphones running versions of Android specified on Mindful Affirmations’s Play Store page. Where the requirements for Member status are met, Mindful Affirmations will assign an Account to the Member containing at least the following:

  • An editable profile

  • A chat space

  • A chat history

To sign up, any person who is interested in the Services must be at least 18 years old and have read and agreed to these GTUS, the Cookie Policy and the Personal Data Policy.

Registrations will be primarily performed through sending a text messages to the Member’s phone number, confirming that he/she has access to the device with the number and the installed Application.

Non-Browsing members will also be asked to upload a picture to complete their registration.

Browsing Members may elect to not upload a profile picture, or indeed create a full profile, until they don’t start to communicate with other Members.

When registering, the Member agrees to these GTUS and the Personal Data Policy and undertakes to fulfil his/her obligations as stated in article 7 of these GTUS.

Article 6 - Services and functions

The Application gives Mindful Affirmations Members a personal and private environment which enables them to make contact with other Members in order to arrange dates. Each Member is free to talk to and form relationships with other Members in accordance with these GTUS.

There are two states a Member may broadly perform activities:

  • Browsing state (“Browsing Member”): characterized by Members’ abilities to create a profile, browse and actively reach out to other Members, sending chat requests and having the ability to like other Members’ profiles

  • Non-browsing state (“Non-Browsing Member”): characterized by Members’ abilities to create a profile and participate in chat conversation after a Browsing Member reaches out to them. Non-Browsing Members may not be able to browse and reach out actively to other Members.

Whether a user becomes a Browsing or a Non-Browsing Member may depend upon several criteria, among others the data provided during the sign-up process, the Member’s choice, or other factors determined from time to time by Mindful Affirmations in the interest of providing the best user experience.

  • In the first version of the application, setting-up a Browsing Member’s profile will be exclusively eligible for Women.

  • In the first version of the application, setting-up a non-Browsing Member’s profile will be exclusively eligible for Men.

Browsing and Non-Browsing Members may have access to different Services as determined from time to time by Mindful Affirmations.

6.1 Free services

The following Mindful Affirmations Services are available from the Application free of charge (excluding connection costs and telecommunications charges) for the Non-Browsing Member, who undertakes to comply with these GTUS:

  • Creating a profile as a basis for Browsing Members to decide whether they want to start to communicate with each other.

  • Appearing online for a certain duration as indicated by the Application

  • Going offline at any time

  • Receiving chat requests sent by Browsing Members

  • Accepting the first chat requests sent by Browsing Members

  • Confidentially blocking all Members whose behavior justifies this decision.

  • Confidentially reporting all Members whose behavior is contrary to these GTUS or the applicable law.

  • Receiving notifications.

  • Viewing the FAQ and the tutorial.

The following Mindful Affirmations Services are available from the Application free of charge (excluding connection costs and telecommunications charges) for the Browsing Member, who undertakes to comply with these GTUS:

  • Visiting an unlimited number of Non-Browsing Member profiles

  • Sending chat requests to Non-Browsing Members they would like to be matched with

  • Unlimited sending of Messages and photos in the event of a Match.

  • Confidentially blocking all Members whose behavior justifies this decision.

  • Confidentially reporting all Members whose behavior is contrary to these GTUS or the applicable law.

  • Receiving notifications.

  • Viewing the FAQ and the tutorial.

6.2 Subscription

Any Non-Browsing Member can also decide to take out a subscription in order to benefit from the following Services in addition to the Services that are accessible through Packs of Crowns:

  • Accepting unlimited chat requests sent by Browsing Members

  • Unlimited sending of Messages and photos in the event of a Match.

  • Constant visibility boost in the list of Members showed to Browsing Members, to increase your chances to be picked

  • Read receipts in the chat

  • No ads in the Application ;

Each Non-Browsing Member can take out a subscription for the following periods and fees:

Period

Fee

Fees (one-off purchase)

1 week

EUR 3.49

EUR 3.49

3 months

EUR 29.99

EUR 29.99

1 year

EUR 44.99

EUR 99.99

When a subscription is taken out, a copy of these GTUS on a durable medium will be supplied to the Member via the email address that was provided to the Stores.

Subscribing through the Application

To take out a subscription, the Member must go to the “Subscription” section of the Application and press “Subscribe”. The Member then chooses the desired length of the subscription (1 week, 1 month or 1 year) and presses “Continue”. The Member is explicitly informed that taking out a subscription creates an obligation to pay for it.

The financial terms of the subscription contract entered into through the Application are those of the relevant store (App Store for iOS devices and Play Store for Android devices).

The main financial terms of the subscription contract entered into through the Application are as follows:

  • Payment in full at the time of ordering: the amount that is charged for a subscription is payable in full when the contract is entered into.

For example, if a Member takes out a subscription for a period of one (1) month, the Member will be charged the corresponding amount (EUR 29.99) when taking out the subscription.

  • Automatic renewal: after each subscription period, the contract is renewed automatically for the period that was initially agreed unless the Member terminates his/her subscription no later than 24 (twenty-four) hours before the initial period ends. The total amount that is charged for each renewal period will be charged within 24 (twenty-four) hours before the end of the initial period.

  • Cancelling your subscription: You can cancel your subscription at any time by going into your account settings in the store and deactivating your automatic renewal.

The Member will be reminded of these terms before pressing “Continue” and thereby confirming his/her subscription.

To ensure that (s)he receives full and up-to-date information, the Member should refer to the general terms of the stores. These can be accessed via the links below, among other places:

Trials

From time to time, Mindful Affirmations may offer free or discounted paying Subscription "Trials" for a specific period. Mindful Affirmations reserves the right, in its absolute discretion, to determine its Members eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For Trials, Mindful Affirmations will require Members to provide their payment details through the Application and hence, the associated store, or through the Website, to start the Trial. The financial terms of the subscription contract entered into through the Application are those of the relevant store (App Store for iOS devices and Play Store for Android devices).

At the end of such Trials, the Trial will automatically be converted into a paying Subscription, and Members may automatically be charged, weekly, monthly or yearly, depending on the terms of the subscription selected. Members agree to this charge using such payment details. Members may cancel their Subscription at any time to avoid being charged at the end of the Trial, in accordance to relevant Store and / or Website procedures.

6.3 Payment security

Packs of Crowns and subscriptions can be paid for securely by the payment methods allowed and required by the Apple App Store or the Android Google Play Store for payments through the Site. The Apple App Store and the Android Google Play Store have sole responsibility for the methods and process of payment, in which Mindful Affirmations has no authority to intervene in accordance with the terms laid down by the platforms. Any requests for reimbursements or requests relating to payment must be made to Apple or Android depending on the interface (Application or Site) from which the purchase was made. Bank details are collected directly by Apple or Android and are not collected or processed by Mindful Affirmations .

Article 7 - Mindful Affirmations Personal Data Policy

When registering on the Site or in the Application, users must provide details which relate to them in accordance with article 5.

This information undergoes automated processing by Mindful Affirmations.

When confirming his/her registration in the Application and/or on the Site, the user must read the Mindful Affirmations Personal Data Policy. The personal data processing that is performed by Mindful Affirmations is necessary to perform this Agreement to which the Member is a party.

Mindful Affirmations uses cookies to operate and improve the Site and also improve the Services that are offered. By continuing to browse the Site, the Member consents to the use of cookies in accordance with the Mindful Affirmations Cookie Policy.

In accordance with articles 38 et seq. of Law no. 78-17 of 6 January 1978 as amended by Law no. 2004-801 of 6 August 2004 on data processing, files and freedoms, anyone can access and, if necessary, correct or erase personal data which relates to them by contacting Mindful Affirmations, whose contact details are given in article 12 of these GTUS. Anyone can also, for legitimate reasons, object to the processing of personal data which relates to him/her.

Article 8 - Obligations and responsibilities of Members

Violation of the following obligations and responsibilities may result in the cancellation of a user’s Membership.

8.1 Obligations

Members undertake to do the following when using the Services specified in article 5:

  • To be honest and sincere in what they say.

  • To comply with current laws and regulations and not violate public order.

  • To respect intellectual or industrial property rights.

  • Not to put photos of a third party online.

  • Not to perpetrate any offences of defamation, abuse or provocations, including of a racial or discriminatory nature, or vindication of war crimes or crimes against humanity.

  • To comply with the rules regarding morality and propriety, and in particular not to disseminate any pornographic or exhibitionist content and not to incite violence or racial hatred in any way whatsoever.

  • Not to communicate their passwords and other confidential codes enabling third parties or other Members to access the Services from their Account.

  • Not to use any software, applications, interfaces or third-party assistance in order to interfere in contact which is made with other Members of the Application (the Application’s credibility is based on the genuineness of interaction).

  • To respect the confidentiality of correspondence and privacy of other Members; Not to broadcast or disclose the content of correspondence and messages which have been sent to them directly through Services which have been made available to them.

  • To refrain from proposing or suggesting to other Members anything which is contrary to their expressed wishes.

  • To be polite and courteous towards other Members.

  • Not to undermine the Services, the Site or the Application.

  • Not to offer, solicit or promote paid-for goods or services or financial compensation; prostitution is formally prohibited on the Site and in the Application.

  • Not to divert Members away from the Application to another site or application, or a competitive service.

  • To refrain from using the Site and the Application for commercial or advertising purposes.

  • Not to organize any demonstrations or group meetings of members through the Site, the Application and the Services made available to them.

8.2 Responsibilities

8.2.1 Responsibility for the performance of obligations and moderation by Mindful Affirmations of content published by a Member

Responsibility:

The Member has sole responsibility for his/her actions and data which (s)he publishes via the Application and, in particular, photos published by the Member and the description that is added to his/her profile. Photos published by the Member cannot be illustrations or feature nudity or pornographic content. If Mindful Affirmations is held liable for the Member’s non-performance of his/her obligations, the Member shall hold Mindful Affirmations harmless from any convictions pronounced against it which arise out of the Member’s violation of the law or these GTUS.

All pornographic or exhibitionist photos which are indecent and generally contrary to moral standards are formally prohibited.

Moderation:

Checks carried out by Mindful Affirmations:

When a Member registers, Mindful Affirmations moderates the content published by Members (photos published and descriptions added to profiles). Mindful Affirmations also checks that each photo published by a Member is in accordance with these GTUS (in particular section 7.1 above) and enables the Member to be identified. Mindful Affirmations reserves the right to remove all content (messages, photos or other) which does not meet the aforementioned requirements.

As such, a photo published by a Member can be rejected by Mindful Affirmations in the following situations:

  • the photo is an illustration;

  • the photo does not show a visible face;

  • the photo features nudity or is pornographic or exhibitionist;

  • the photo is too blurred for the Member to be identifiable;

  • the photo is a group photo and does not enable the Member to be identified.

In this event, the photo will be deleted from Mindful Affirmations’s servers and the Member will be invited to submit a new photo.

In addition, publishing pornographic or exhibitionist photos which are indecent, incite violence or racial hatred and are generally contrary to moral standards constitutes serious misconduct which may result in suspension and/or cancellation of the Member’s Account, without prejudice to other penalties which may be imposed by the courts.

The consequences of the moderation performed by Mindful Affirmations are set out in article 11 of the GTUS (“Cancellation of the Account by Mindful Affirmations in the event of breaches of the GTUS”).

Mindful Affirmations may use external service providers to help filter photos which are not in accordance with these GTUS.

No decisions are taken solely on the basis of automated processing of personal data.

Reporting by Members:

While using the Application and/or the Site, any Member can report illegal content which contravenes applicable law or these GTUS using the moderation tools provided by the Application / the Site in the menu that appears on each chat screen with the word “Report”.

8.2.2 Responsibility in relation to real dates

Mindful Affirmations gives the following warning to Members who wish to go on “real” dates. Members are solely responsible for checking the identity of persons with whom they arrange these dates. These “real” dates are arranged independently of Mindful Affirmations, at the sole responsibility of Members. Mindful Affirmations cannot be held liable for acts and problems of any kind which are committed or caused by Members and/or former Members during events which take place as a result of the use of the Application / the Site. In this respect, Mindful Affirmations messaging deliberately offers the advantage, once again to protect the peace of mind and safety of its Browsing Members, by enabling them to choose which persons will be allowed to see their profiles and talk to them, and for all Members in general in that identities can be verified before meeting in person and safe locations for the meeting can be chosen (as opposed to meeting strangers in person by way of chance in other “real world” settings). With regard to persons with whom the Member has agreed to exchange messages, it is strongly recommended that (s)he does not disclose information which does not appear on the Mindful Affirmations profile such as his/her telephone number, address or surname. As a safety measure, Mindful Affirmations very strongly recommends that real dates should only be arranged in very busy public places or that the Member should tell a person close to him/her about them, and that contact details should only be disclosed after a reasonable period of time.

8.2.3 Responsibility in relation to the Member’s equipment

The cost of equipment (hardware or software) which is necessary to access the Services and all other associated costs, including telecommunications charges, are solely payable by the Member. The Member has sole responsibility for the equipment that is used for the purposes of the Service.

Article 9 - Combating fraud

To maintain Members’ trust in each other and increase the safety of its Members, Mindful Affirmations implements a system to combat fraudulent profiles of users who perpetrate abuse, scams or illegal activities of any kind through their Account.

On the basis of objective and cumulative criteria (complaints from Members, use of VPN, use of photos of third parties including celebrities, location very far from the one stated in the profile, requests for money or transfers of money made through the Application’s chat service), Mindful Affirmations will examine the profile of the Member concerned.

If it is ascertained by Mindful Affirmations that the Member is perpetrating abuse, scams or any other illegal activity, Mindful Affirmations will close his/her account.

Mindful Affirmations uses an external service provider to help it detect fraudulent behaviours.

No decisions are taken solely on the basis of automated processing of personal data.

Article 10 - Obligations and responsibilities of Mindful Affirmations

10.1 Obligations

Mindful Affirmations undertakes to provide the infrastructure and technical resources that are required to provide a high-quality Service to Members who have an iPhone terminal which runs a compatible IOS version as determined on Mindful Affirmations’s App Store page or an Android Smartphone which runs an Android version as determined on Mindful Affirmations’s Android download page. Mindful Affirmations cannot be held responsible for any malfunctions of the Member’s terminal or problems in terms of compatibility between the Application and the terminal.

Every effort is made to minimize the risk of fraudulent access to Mindful Affirmations’s system. To this end, Mindful Affirmations uses a firewall (equipment located between the Internet and the private network of a company to increase the security of the latter by filtering traffic from or to the Internet). However, it is impossible to guarantee that a network is entirely secure. Mindful Affirmations is not responsible for breakdowns, interruptions or improper operation of the services of the Member’s Internet access provider, and any cause external to Mindful Affirmations which may interrupt or impair access to Mindful Affirmations Services. The Member must ensure that (s)he has a secure email address. Despite these precautions or due to failure to take them, the Member’s Account may be subject to fraud. Mindful Affirmations also wishes to warn the Member of any exceptional risk of receiving unwanted Messages or Messages purporting to come from Mindful Affirmations. The Member must be careful and vigilant so that, if these situations arise, (s)he can warn Mindful Affirmations by sending a letter or email to the address given in article 12 of these GTUS.

10.2 Liability

Mindful Affirmations and its partners cannot be held liable for actions committed by its Members which are illegal or punishable by criminal penalties, including but not limited to:

10.2.1 Illegal behaviours

Mindful Affirmations is not responsible for cases of fraud, scams, deception, identity theft, prostitution, infringement of intellectual property of third parties and other criminal offences committed by Members through the Site and the Application and the Services that are made available to them.

10.2.2 Contentious content

Mindful Affirmations is not responsible for contentious content disseminated by Members and reserves the right to save any contentious content, including in order to pass it on to the competent authorities.

10.2.3 Real dates

Mindful Affirmations is not responsible for real dates arranged by Members. Members who wish to arrange such meetings are reminded that they do so at their own liability as stated in article 7.2.2 of these GTUS, as Mindful Affirmations cannot guarantee the truthfulness of information communicated by Members.

Article 11 - Intellectual property

11.1 Trademark

The trademark “Mindful Affirmations” is solely owned by Mindful Affirmations. Mindful Affirmations owns all rights associated with it. The trademark has been registered at the Institut National de Propriété Industrielle and at the United States Patent and Trademark Office (USPTO). Any reproduction and/or use and/or partial or full application and/or alteration and/or removal of the trademark and the associated rights, such as but not limited to the slogan and logo proposed by the Application, by any means, in any form, on any medium and through any media, is strictly prohibited without express prior written permission from Mindful Affirmations and shall be liable to prosecution. The Member must not use meta-tags or any other “hidden” text containing the name or trademark “Mindful Affirmations” without the explicit written consent of Mindful Affirmations. The trademark is protected by articles L713-2 et seq. of the Intellectual Property Code and by international intellectual property law.

11.2 Copyright

Mindful Affirmations owns all intellectual property rights associated with the Application and the Site.

As part of and solely for the purposes of normal use of the Site or the Application, Mindful Affirmations grants the Member a right to use works which appear in the Application and on the Site, such as but not limited to texts, paginations, presentations, layouts, photographs, images, drawings, graphics, buttons, videos, sounds and data (“Works”).

The licence to use the Works which is granted by Mindful Affirmations to the Member is non-exclusive and non-transferable and is reserved for private, personal and non-commercial use, worldwide, as part of and during the period of registration for the Services. It is forbidden to sell, rent out, lend, distribute or sub-license all or part of a Work or transfer any right to all or part of this Work. It is forbidden to copy, modify or otherwise alter a Work, in whole or in part, create works derived from a Work or incorporate all or part of a Work into other works of any kind.

Works are protected under L122-4 et seq. and L335-3 et seq. of the Intellectual Property Code and by international intellectual property law.

11.3 Software

The following terms apply to all software (source codes, updates and development, preparatory design material and associated documentation) of Mindful Affirmations which is used in connection with the Services (Software). All Software is the property of Mindful Affirmations, which owns all intellectual property rights and associated rights of use. The Software is protected by article L122-6 of the Intellectual Property Code and by international intellectual property law. As part of and solely for the purposes of normal use of the Site or the Application, Mindful Affirmations grants the Member a provisional right to reproduce the Software. This right to reproduce includes the right to load, display and run the Software. Rights which are not explicitly granted to the Member are retained by Mindful Affirmations. The right of use which is granted by Mindful Affirmations to the Member is non-exclusive and non-transferable and is reserved for private and personal use, worldwide, as part of and during the period of registration for the Services. It is forbidden to sell, rent out, lend, distribute or sub-license all or part of a Software program or transfer any right to all or part of this Software. It is forbidden to incorporate all or part of a Software program into other programs, compile all or part of a Software program with another program, transfer all or part of a Software program in order to use it with another service or copy, modify or otherwise alter all or part of a Software program, create works derived from the Software program or reverse engineer or decompile a Software program in whole or in part, except insofar as the law allows. To keep Software up to date, Mindful Affirmations may offer automatic or manual updates at any time and without prior notice.

11.4 Use of the database

The database associated with the Application and the Site is the sole property of Mindful Affirmations, which owns all associated intellectual property rights.

It is forbidden to extract, by way of a permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the contents of the Application or the Site onto another medium, by any means and in any form whatsoever.

It is also forbidden to reuse, by making them available to the public, all or a qualitatively or quantitatively substantial part of the contents of the Application or the Site, regardless of their form.

Finally, repeatedly and systematically extracting or reusing qualitatively or quantitatively insubstantial parts of the Application or the Site is forbidden where such operations manifestly go beyond the normal terms of use of the Application or the Site.

11.5 Unfair competition

Designing a product which is similar to the Application or the Site or creating a product derived from them, and more generally engaging in parasitic use, acts of imitation, smearing or any other act which constitutes unfair competition, is formally prohibited. Where appropriate, Mindful Affirmations reserves the right to sue the Member in order to obtain full compensation for the loss caused to it by the Member.

The Member shall be liable to penalties if (s)he grants or attempts to grant licences or sub-licences, sell, resell, transfer, assign or distribute the Services, Application or Site in any way, or otherwise commercially exploit them or make them available to third parties.

11.6 Content disseminated by the Member

The Member grants Mindful Affirmations a licence to use the intellectual property rights attached to the content provided by the Member during his/her use of the Services. This licence shall be used by Mindful Affirmations in a manner which respects his/her right to his/her own image and protects the Member’s personal data, without affecting the genuineness of the Member’s profile and in a manner which is consistent with his/her profile. In particular, this licence includes the right for Mindful Affirmations to reproduce, represent and alter the aforementioned content in order to comply with the style guide for the Services and make them compatible with its technical performance levels or the formats of the media concerned. These rights are granted on a worldwide basis and for as long as the GTUS applies between the Member and Mindful Affirmations.

The Member shall retain ownership of the content and personal data that (s)he provides. The Member shall hold Mindful Affirmations harmless from any legal action, appeals or convictions pronounced against it which arise out of the Member’s infringement of intellectual property belonging to a third party. The Member shall hold Mindful Affirmations harmless from any claims or damages that may result from them.

Article 12 - Cancellation

12.1 Cancellation by the Member

12.1.1 Deactivation and removal of the Account:

At any time, the Member can deactivate his/her Account without notice via the Application if (s)he no longer wishes to be visible in it.

When the profile is deactivated:

  • The Member’s profile will be made invisible to other Members for the past and future;

  • If the Account is reactivated within 1 year after the Account is deactivated, the stored data will be reassigned to his/her profile and the profile will become visible again.

12.1.2 Deletion of Account:

The Member can decide to permanently delete his/her Account by sending an email or letter to Mindful Affirmations, whose postal and email addresses appear in article 12 of these GTUS, at any time and without notice. The Member’s profile will consequently be permanently deleted. If the Member wishes to start using the Application again, (s)he will be obliged to register in the same way as for an initial registration.

When the Account is deleted:

  • The Member’s profile will be made invisible to other Members;

  • The Member’s identifying details will be kept for 1 (one) year following this date in case fraudulent behavior is reported or complaints are made by another Member against the Member;

  • The Member cannot reactivate his/her old Account.

12.1.3 Cancellation of the “Subscription" 24 hours before the end of the initial period:

If the Member has signed up for a subscription in accordance with article 6.2 of the GTUS, the Member is informed that the contract shall be renewed automatically after each subscription period for the period that was originally agreed unless the Member terminates his/her subscription no later than 24 (twenty-four) hours before the end of the initial period.

In accordance with article L. 215-4 of the Consumer Code, the provisions of articles L. 215-1 to L. 215-3 et L. 241-3 are reproduced in full in the service provision contracts to which they apply.

Article L. 215-1 of the Consumer Code:

For service provision contracts which are entered into for a fixed period with a tacit renewal clause, the professional who is providing the services shall inform the consumer in writing, by way of a dedicated personal letter or email, no more than three months and no less than one month before the end of the period within which renewal can be rejected, of the option of not renewing the contract which (s)he has entered into with a tacit renewal clause. This information, which shall be worded in a way which is clear and easy to understand, shall mention, in a visible box, the time-limit for non-renewal.

Where this information has not been sent to him/her in accordance with the provisions of the first paragraph, the consumer can terminate the contract free of charge, at any time from the date of renewal.

Advances paid after the last date of renewal or, for contracts of indefinite length, after the date of transformation of the initial fixed-term contract shall, in this event, be paid back within thirty days following the date of termination, less any amounts for performance of the contract up until the date of termination.

The provisions of this article apply without prejudice to those which legally make certain contracts subject to special rules with regard to consumer information.

Article L. 215-2 of the Consumer Code:

The provisions of this chapter are not applicable to providers of drinking water and sanitation services.

Article L. 215-3 of the Consumer Code:

The provisions of this chapter are also applicable to contracts entered into between professional persons and non-professional persons.

Article L. 241-3 of the Consumer Code:

If the professional person has not issued a refund as stipulated in article L. 215-1, interest shall be payable at the statutory rate on the amounts owed.

12.2 Termination of the Account by Mindful Affirmations if the GTUS are breached

If a Member breaches the GTUS, his/her Account can be suspended at any time as a precautionary measure and then terminated as of right by Mindful Affirmations.

At any time, and in the event that these GTUS are not complied with by a Member, Mindful Affirmations shall be free to suspend access to his/her Account which is accessible from the Site and the Application for a period of 1 (one) month. Mindful Affirmations will inform the Member whose Account is suspended of this decision by sending a notice in the Application and/or by email. The Member will be invited to contact the customer service department of Mindful Affirmations by email in order to provide explanations in answer to the criticisms made against him/her. If (s)he fails to respond and/or if his/her explanations do not justify the breach, Mindful Affirmations may give the Member notice of the termination of his/her Account through the Application and/or by email and inform the Member of the period for which (s)he will be unable to re-register in the Application. If no period is specified, this period shall be 3 (three) years following notice of the termination of the Account.

When the Account is terminated:

  • The Member’s profile will be made invisible to other Members;

  • The Member’s identifying details will be kept for 1 (one) year from this date onwards;

  • The Member will not be able to reopen an Account for a minimum period of 3 (three) years following notice of the termination of the Account or as specified in the during the termination process.

Article 13 - Making Contact

13.1 With the Member

Sending mobile and email notifications: The Member may receive notifications through the Application and/or by email so that (s)he can be informed of various important events. These may include but are not necessarily limited to the following:

  • A Chat request received from another Member.

  • A Message or photo received from another Member.

  • A chat request has been accepted by another member.

  • A Message from Mindful Affirmations about the Member’s Account.

  • Some members are active in the member’s area

  • Member’s picture was refused

  • A user’s session is ending and the user goes offline

  • A user has not finished his signup

  • A user has been inactive for several days

Notifications can be configured directly from the user’s smartphone and can be turned off at any time in his phone’s settings.

If an email has been provided by the Member, the email address to which notifications are sent shall be the one that was given by the Member when registering.

Newsletter: When registering in the Application, if an email has been provided by the Member the Member shall agree to receive a newsletter from Mindful Affirmations. (S)he can unsubscribe at any time by exercising his/her right to object by clicking on the link to unsubscribe at the bottom of each email received from Mindful Affirmations.

13.2 With Mindful Affirmations

Members can contact Mindful Affirmations directly by post at the address: Joan Anselm Cardona Serra , Argenteria 67, Barcelona, Spain 08003 or by email at mindfulaffirmationsapp@gmail.com