Mindstead - Terms of Use

Terms of Use

Last Updated: July 30, 2020

Mindstead LLC (referred to in this policy as “Mindstead,” “us,” “we,” or “our”) has adopted the following Terms of Use to govern access to and use of our website at Mindstead.org as well as any affiliated web pages we may host (“Sites”), mobile applications we may develop (“Apps”), or any other services we might offer (altogether called our “Services”).

Mindstead is a marketplace of tools for personal development where licensed therapists, coaches, and other human behavior experts can sell original, evidence-based worksheets, guides, and other mind-training materials delivered electronically as digital content.

Users of the marketplace include those who have registered for a Mindstead account (“Account”) in order to access the content available on the site (“Content”). This includes Clients (“Clients”) who purchase content on the site, Practitioners (“Practitioners”) who use our services (“Services”) to sell their resources (“Tools”) through their shop (“Shop”), and visitors (“Visitors”) who browse the marketplace without registering for an Account. Clients and Practitioners who have created a profile together make up our members (“Members”). Clients, Practitioners, and Visitors who browse the site together make up our users (“Users”). In addition to Tools, all profiles, reviews, and other user generated content (together known as “Content”) posted by Users is also created exclusively by Users.

By using our Services as a Visitor, Member, or in any other manner, Users agree to follow these Terms of Use.

 

I. CLIENTS AND PURCHASES

About

Visitors can join Mindstead as a Client at no charge and use our Services to purchase and download Tools. A Client Account is owned by the individual whose name and email address are listed on the Account profile. Clients are able to make purchases; download free and/or purchased Tools; rate and review Tools they have downloaded; post questions, comments, requests, and so on; and enjoy other features and services we may offer. There are no fees to join.

Purchasing

By placing an order, Clients represent and warrant that the billing information they’ve provided is accurate. For payment, we accept both credit and debit card. All payments are in United States Dollars (USD). Cash payments and payments in other currencies are not accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of their purchase.

By using any payment method and/or providing payment details for making purchases on Mindstead, Clients represent and warrant that: (a) They are legally authorized to provide such information; (b) They are legally authorized or have permission to make payments using the payment method(s); (c) if they are an employee or agent of a company or person that owns the payment method, they are authorized by that company or person to use the payment method to make payments on Mindstead; and (d) such actions do not violate any applicable law.

To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by Mindstead’s Payment Services Providers. Payment Services Providers may also collect other information as necessary for proposes of processing withdrawal payments.

Once the purchase is made and payment received, Tools are available immediately via instant download.

Fees

Every Tool has a fee assigned to it, as decided by the Practitioner who created it. This is the cost of the Tool. Additionally, Mindstead charges USD $0.30 per transaction in order to support part of the fees collected by our Payment Services Providers. Clients are responsible for paying the fee for the Tool as well as Mindstead’s transaction fee in order to complete a purchase and download their Tool.

Rating and Reviews

Clients are encouraged to provide feedback about the Tools they’ve downloaded by providing a rating and review (“Feedback”). Any Feedback Users choose to leave should reflect their honest experience using the Tool for its intended purpose and must abide by our Community Expectations as described in our Terms of Use. Mindstead may, at any time, set additional requirements or limitations for leaving Feedback such as a minimum or maximum characters, time-based restrictions, or other requirements. Practitioners may not leave feedback about their own Tools and other Content or otherwise attempt to undermine the integrity of our Feedback system. We may remove Feedback for any reason, at any time, without notice and we may ban a Member from leaving future Feedback.

Refund Policy

Being digital products, all sales are considered final and nonrefundable once an order is submitted. Mindstead may, in our sole discretion, modify our Refund Policy or offer exceptions on a case-by-case basis.

 

II. PRACTITIONERS AND EARNINGS

About

Practitioners are licensed psychologists, social workers, coaches, faith-based counselors, self-help authors, and other human behavior experts who share Mindstead’s mission of helping more people access their potential. By joining Mindstead, Practitioners are able to expand their reach, grow their practice, and develop a passive income stream by sharing their tools. They can also find tools they’ve always wanted, but didn’t have the time to make.

To open a shop, a practitioner must sign up for a Mindstead account and then create a Mindstead Shop in order to access the additional capabilities that will allow them to offer and sell Content through our Services. In addition to being able to upload and sell Content, Practitioners can access their sales data as well as some additional information and communication features. At the time being, opening a Mindstead Shop does not cost any fees to join, however Mindstead reserves the right to modify Practitioner Memberships at any time under our discretion.

By opening a shop, Practitioners agree to follow Mindstead's Terms of Use. Mindstead reserves the right to freeze or disable accounts, shops, and tools of Practitioners we haven't interviewed or don't fit the criteria outlined in our Terms of Use.

Expectations

The Mindstead community is built on trust. We expect all Practitioners to: Follow our Intellectual Property Policy; Post or upload original materials. Post only high-quality materials, that are complete, accurate, free of errors, and evidence-based. Be helpful and respond to Client questions and fix any technical issues that may arise with their profile or content. Likewise, Users should please report any errors they see on our site or any violations by other Users.

Pricing

Mindstead does not set a minimum price and encourages Practitioners to be thoughtful about what their product is worth and what Clients can afford. Additionally, Practitioners may not charge more on Mindstead for a piece of Content that is offered for less or for free somewhere else. They also may not use Mindstead as an alternative sales channels pushing Mindstead’s Users to other online marketplace or e-commerce site where their resources can be purchased.

Earnings

Practitioners are paid for their tools as soon as each purchase is complete, at a net revenue of 75% of the purchase amount with one exception. The very first payment a Practitioner will receive may take approximately one week based on the processing policies of our Payment Service Providers.

To complete these payouts, Mindstead works with Stripe, a third party company, which processes and transfers funds between us and our Practitioners. To receive payouts, Practitioners must have a Stripe account linked to their Profile. This is the final step in setting up a Shop, before listing Tools. Practitioners can work with Stripe to set up their fund transfer schedule. Mindstead is not responsible for any additional fees or taxes Practitioners may incur from other third parties related to receiving or accessing their payouts.

Mindstead makes no guarantees about the services offered by any third party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available.

Taxation

Practitioners are responsible for paying any direct or indirect taxes, including any GST, VAT or other, which may apply to them depending on residency or location and/or the residency or location of the clients who purchase their Tools.

Practitioners represent and warrant that they will at all times comply with their obligations under income tax provisions in their jurisdiction to pay their taxes. They further acknowledge and agree that when they access any other third-party tax services to complete this provision, they do so at their own risk.

Marketing

Mindstead may feature your Shop, including your profile image and practitioner information, and  your Tools, including their images and description, within its site, or as part of its marketing campaigns. This will be done at Mindstead’s discretion. 

Account Closure

If the Practitioner or Mindstead closes, suspends, or otherwise limits a Practitioner’s Account or access to Services, Mindstead will no longer display their Shop page or their Tools Listings, and their Tools will no longer be available for purchase or download by Members who haven’t previously purchased them. If they or Mindstead delete or deactivate a single Tool Listing, that Tool will not be available for purchase or download by Users who have not previously purchased or downloaded the Tool, and the Tool will no longer be displayed in their Shop or in search results.

 

III. TOOLS AND INTELLECTUAL PROPERTY

About

All of the Content available for purchase or download on our site, including Tools, profiles, reviews, and other content, are created and added exclusively by our users as User Generated Content (“UGC”); they are not created or added by Mindstead itself. Mindstead has the right, but not the obligation, to monitor any activity and Content associated with our Services.

Mindstead does not check user uploaded/created Content for appropriateness, violations of copyright, trademark, other rights, or violations. Mindstead is additionally not response for the Content, quality, or level of service provided by the Practitioners. We provide no warranty with respect to the tools sold or any communications between Practitioners and Clients or vice versa. Mindstead and the Content provided on it by Users has not been evaluated by the Food and Drug Administration. Mindstead is not intended to diagnose, treat, cure, or prevent any disease. The tools listed on the site are for educational purposes and are not intended as psychological interventions or as a substitute for psychological treatment. If the Client is in need of psychological help, they you should seek the consultation of a licensed mental health professional.

We encourage all users to use our rating system, report concerns, use common sense, and communicate with us as needed at hello@mindstead.org, including reporting violations if they are alleged to occur. Mindstead will investigate any complaints or reported violations of our policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Accounts, and/or removal of any Content on the site, including Tools for sale.

Practitioners

Practitioners own and maintain the intellectual property rights of their Content, including original tools, and grant Clients licenses to use Content for limited use as described in this section.

By posting or uploading Content, the Practitioner undertakes that the Tool is an original creation and/or that they have the appropriate permissions, rights, and/or licenses to provide, sell, or resell the tools on Mindstead. Once the original Content is posted, the Practitioner retains any intellectual property rights that they hold for that tool. Mindstead does not take or claim any ownership (copyright, trademark, or otherwise) over their Tools or other Content that they post.

By posting of uploading Content to our Services, the Practitioner grants to Mindstead limited rights to store, use, and display, and provide access to their Content, as necessary to provide our Services, such as to display their Tools in their Shop and in search results, to make their Tools available for download, and to display and promote their Tools through our Services, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, they grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to their Content necessary to provide our Services to them and our other Users.

Clients

When a Client purchases a Tool, they essentially purchase the license to use the Content created by the Practitioner under an individual use license in accordance with the terms listening in these Terms of Use. Under an Individual Use License, the Practitioner grants to the purchasing Client, for use by one assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below.

Under an Individual Use License, the Practitioner allows the purchasing Client to use the Content for their own personal, educational, and instructional use only (“Personal Use”). This means they can use Resources for their own personal purposes, for their individual study, and to support a personal client. Under an Individual Use License, the Practitioner allows the purchasing Client to print and make copies of downloadable Content as necessary for Personal Use, as noted above.

Under an Individual Use License, the purchasing Client is NOT allowed to use Content, in part of in whole, for commercial purposes. It cannot be sold, used for advertising or marketing, or used in any other way connected to another organization. It cannot be posted online or in public. The Individual Use License is not transferrable: the purchasing Client cannot share, send, sell, sublicense, or transfer the Content to someone else.

All Tools purchased on Mindstead are available for instant download at the time of purchase. Mindstead cannot guarantee continuous access to any Tool or other Content listed through our Service. For example, if at any time, Mindstead stops hosting a Tool for any reason or a User or Mindstead terminates, suspends, downgrades, or otherwise limits an Account, the ability to access the Tool may be terminated. It is the Client’s responsibility to maintain and store Tools purchased on their own device to ensure future access.

Ratings

Tools and their Practitioners will be rated and reviewed by the Client who purchased them in order to analyze tools for quality and help future purchasing Clients better assess and compare Tools. In certain cases, exceedingly low ratings may lead to investigation into a Practitioner and/or suspension of the Practitioners account.

Intellectual Property Policy

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement, please see our Intellectual Property Policy, which forms part of these Terms of Use.

 

IV. COMMUNITY AND EXPECTATIONS

Community Expectations

It is important for us that Mindstead is and always remains a safe, supportive, and collaborative community. We expect all Visitors and Users to all act on their best behavior including to:

  • Be kind and treat everyone with respect
  • Uphold our policies as well as the law, including intellectual property and privacy rights of others
  • Do not hurt or damage Mindstead or other Users’s reputations and operating systems

Non-Permitted Usage

Inappropriate and aggressive behavior and language; phishing and spam; fraud and unlawful use; targeted abuse; adult services and pornography; and the selling of accounts is not permitted.

Interactions with other Members

Users are able to communicate, interact, and otherwise connect with other Users through our Service. It is their responsibility to take precautions when sharing any information about themselves. Users release Mindstead from any liability that may arise out of their interactions with other Members of our Service.

User Protection

Users’ privacy is very important to Mindstead. By using Mindstead’s Services, Users agree that Mindstead may use such data in accordance with our privacy policies. Users can see how we collect and use any personally identifiable information data in our Privacy Policy.

Violations

Mindstead may investigate any complaints about Users or reported violations of our policies and take any action that we deem appropriate. Such action may include, but is not limited to removing any Content they’ve posted on the site, including Tool Listings, issuing a refund to Clients, denying access, suspending or terminating their Account, or any additional action that we deem necessary.

Users may receive a warning to their account for violations to our Terms of Use or any user misconduct reported to our team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not only limit account activity, but can lead to account closure depending on the severity of the violation.

Account Closure

Mindstead may, at our discretion, close or suspend the Account of any User at any time for any reason, with or without notice. Users also have the right to close their Mindstead account at any time, without notice to Mindstead. They can close their Account from their profile page or by contacting Mindstead at hello@mindstead.org for assistance.

After a User’s account is closed, they’ll no longer have access to their Account information, past purchases, uploaded Tools, and many of the features of our Services that make up an Account.

Rewards Programs

Mindstead may, at our sole discretion, offer Users opportunities to earn rewards, gifts, or other incentives (“Rewards) through various programs or incentives (“Rewards Programs”). Mindstead is under no obligation to offer a Rewards Programs of any kind or to issue Rewards in any specific form. Mindstead may change the Reward amount or form, Rewards Program requirements, and the conditions for receiving future Rewards at any time. We reserve the right, at our discretion, to revoke or withhold Rewards or ban a User from receiving Rewards or participating in a Rewards Program. We reserve the right to modify, suspend, or discontinue any such Rewards Program at any time.

 

V. MINDSTEAD AND PROTECTIONS

Properties

The Site, including its general layout, design and content, is exclusively owned by Mindstead and protected by copyright and trademark law. Except for Content uploaded or posted by Members, all other aspects of the Site, and our Services at large, are owned or controlled by Mindstead. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights. “Mindstead” is a registered Trademark of Mindstead LLC.

Users may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose, we mean that they can’t sell, license, rent, use in their own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.

Disclaimers

Mindstead does not produce, approve, post, or upload Content. The Content uploaded and posted on our site our Members. The Content they see on our site and any views, opinions, or assertions presented are those of the Users who posted the Content and do not reflect the opinions, or the official policy or position of Mindstead. Mindstead makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content.

Mindstead and the Content provided on it by Users has not been evaluated by the Food and Drug Administration. Mindstead is not intended to diagnose, treat, cure, or prevent any disease. The tools listed on the site are for educational purposes and are not intended as psychological interventions or as a substitute for psychological treatment. Users use of the site, its content, and any services or items obtained through the sute are at their own risk. If the Client is in need of psychological help, they should seek the consultation of a licensed mental health professional.

The site, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

Limitations

We work hard to ensure that our Services are always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available. Likewise, we may update or change available functionality at any time. We make no guarantees to Practitioners or other Members respecting the findability or searchability of any Tool offered through our Services. We make no guarantees about how much any Practitioner may earn or whether the level at which a Practitioner is earning is likely to continue into the future.

Discontinuation of Services

We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation in our Services may mean that that Users’ Accounts, including any Tools or other content they may have purchased from our Services, and any Tools or Communications they may have uploaded to our Services may not be available to them or to other Users. Mindstead is not liable to Users for any impact a change, suspension, or discontinuation of our Services may have, including the loss of access to any Tools Users have purchased, or loss of income from a Practitioner’s temporary or permanent inability to sell Tools through our Services.

Third Parties

When Users use our Services, there may be links, ads, or other ways for them to visit other websites not owned or controlled by Mindstead. When they access third party websites, they do so at their own risk. Mindstead cannot and does not make any representations or warranties about other websites or services. As such, Mindstead is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Services. Users acknowledge and agree that Mindstead will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Service.

Disputes

Any disputes arising out of or relating to these Terms of Use will be settled through binding arbitration, conducted by the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. The person filing the suit will be solely responsible for paying any filing, administrative, or arbitrator fees as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction.

The person filing the suit understands that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. The person filing the suit and Mindstead each knowingly and voluntarily agree to waive their respective rights to a trial by judge or jury and to have their case heard in a court of law.

Disputes will be settled on an individual basis. The person filing the suit and Mindstead each knowingly and voluntarily agree to waive the right to bring or participate in a class, collective, consolidated, or representative action or arbitration.

Indemnity

Users agree to indemnify, defend, and hold Mindstead, its employees, officers, directors, agents, and affiliates harmless against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to Clients’ use or misuse of our Services, including but not limited to any breach of these Terms of Use; violation of any federal, state, or local law; and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

In no event will Mindstead, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with their use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

In accepting liability as the limited authorized payment collection agent of Practitioners, Mindstead and its affiliates assume no liability for any acts or omissions of Practitioners.

 

VI. TERMS

Overall

Any failure by Mindstead to enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.

If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.

These Terms of Use survive if Users cease using Mindstead’s Services or a User’s Account is closed by them of Mindstead for any reason.

Changes

Mindstead may make changes to these Terms of Use, as well as our Privacy Policy and Intellectual Property Policy, from time to time. Whenever the changes we’re making are material to Users, we’ll attempt to notify Users before those changes go into effect so that they can choose whether or not to continue using our Services. To notify Users, Mindstead may send a message to the email address we have for their Account, we may post notifications around our Services, or we may use other communication methods. The notice will include the date on which the changes will be effective. Users understand and agree that if they use Mindstead after the date on which the Terms of Use have changed, Mindstead will treat their use as acceptance of the updated Terms of Use.

Contact

Mindstead can be reached by emailing hello@mindstead.org.