MindED Terms and Conditions
Last updated: December 23, 2024
These Terms and Conditions (the “ Terms ”) constitute an agreement between you and MindED , a product jointly developed by Sanoma Educación SLU , with registered office at Ronda de Europa, 5, 28760 Tres Cantos (Madrid), Spain, and CogniFit Inc. , with registered office at 600 California Street, 11th Floor, San Francisco, CA 94108, United States of America.
Responsible entity according to your residence
Users from the European Union (EU) or the European Economic Area (EEA): the contract is entered into with Sanoma Educación SLU , responsible for the service and data processing.
Users outside the EU or EEA: the contract may be entered into with CogniFit Inc. , as a technology partner and international provider.
References to “ MindED ”, “ we ”, “ us ” or “ our ” refer to the corresponding responsible entity.
These Terms govern your access to and use of MindED Services, including websites, applications, cognitive and educational programs, messaging, APIs, notifications, advertisements, widgets, and others (the “ Services ”). By creating an account or using the Services, you represent that you have read, understood, and agreed to these Terms. If you do not agree, do not use the Services.
EU users will be protected by Spanish legislation and applicable mandatory rules.
1. Privacy Policy
MindED respects and protects your personal data in accordance with the GDPR , the LOPDGDD and current regulations. The processing, protection, rights and purposes are described in the Privacy Policy , which forms an integral part of these Terms.
By creating an account, you declare that you have read and understood this Policy and consent to the processing of your data for the purposes described.
You can exercise your rights at any time by writing to support@minded.es .
2. Use of the Services
The Services may only be used in accordance with applicable law.
Users under the age of 18
In Spain, you must be 14 years old or older.
Verifiable consent from parents or guardians is mandatory according to the GDPR.
You will not be able to use the Services if:
He is legally prohibited from receiving digital services.
It has been suspended or removed for previous non-compliance.
If you are acting on behalf of an entity, you represent that you have the authority to bind it.
3. Account Creation
To fully utilize the Services, you must create an account, providing truthful information and maintaining the confidentiality of your credentials.
MindED implements security measures in accordance with art. 32 GDPR .
It is your responsibility:
Keep your account secure.
Report suspected unauthorized access.
Corporate accounts can manage access without accessing your personal information except with authorization or legal requirement.
4. Required Equipment
Requires a compatible device and internet access. MindED guarantees technical compliance according to Directive (EU) 2019/770 , and informs of the requirements in its Help Center.
5. User Content Posting
You may publish content (“ Your Content ”) and retain all intellectual property rights.
You grant MindED a limited and revocable license to use Your Content exclusively for:
To provide, maintain and improve the Services.
Fulfill legal obligations.
Your content must not infringe any rights or laws. MindED may limit or remove it if it infringes, notifying you when possible.
6. MindED Intellectual Property
All content generated by MindED is protected by Spanish and European legislation on intellectual and industrial property.
You may not copy, alter, or use elements of MindED without prior authorization.
7. “Dos and Don’ts”
The user agrees to:
Has to:
Comply with applicable laws.
Provide truthful information.
Use the Services in accordance with their educational purpose.
You should not:
Impersonating others.
Use bots or automation.
Deactivate security measures.
Posting illegal or malicious content.
Perform reverse engineering.
To market or resell the Services.
To interfere with its functioning.
MindED can investigate and take action against violations.
8. Hyperlinks
You may create text links to MindED as long as they are not misleading or defamatory. MindED may revoke this right at any time for justifiable reasons.
9. Enforcement Rights
MindED may limit or remove content or access in the event of an infringement, notifying you when reasonable to do so.
10. Disclaimer Regarding Use
MindED information does not constitute medical advice. The Services are not medical devices according to Regulation (EU) 2017/745 .
MindED is not responsible for the use that the user makes of the information, except in cases of fraud or gross negligence.
11. Copyright Policy
MindED respects intellectual property and may suspend accounts of repeat offenders.
Infringement notices can be sent to support@minded.es .
12. Terms of Sale
They apply to Payment Services, subscriptions and one-time purchases.
12.1 Unique Purchases
MindED may modify or discontinue Payment Services with prior notice.
12.2 Subscriptions
They include:
Automatic renewal.
Cancellation without penalty from the account.
Refunds within 14 days as per regulations.
Prices may change with prior notice.
12.3 One-time purchases
Non-transferable personal license. No refunds after 30 days except where legally required.
12.4 Payments and invoicing
Authorize the collection of the chosen payment method. The data is processed with measures in accordance with the GDPR.
12.5 Guarantees
Personal and non-transferable services.
12.6 Right of withdrawal (EU)
14 calendar days to withdraw if the service has not started or has not been expressly consented to.
13. Feedback Policy
By submitting feedback, you grant MindED a free license to use it for improvement purposes, without right to compensation.
14. Advertisements, Contests and Sweepstakes
MindED may display advertising or links to third parties. It is not responsible for their content except in cases of willful misconduct or gross negligence.
Promotions may be subject to additional terms.
15. Alerts and Notifications
You agree to receive communications necessary for the operation of the service. Promotional communications require prior consent and can be deactivated.
16. Third-Party Services
The Services may integrate third-party content or functionalities, which are not under the control of MindED.
The user should review their terms and policies.
Apple and Google are considered third parties in this context.
17. Changes in Services
MindED may modify or discontinue aspects of the service. Substantial changes will be notified.
You can terminate the contract if a modification reduces the value of the service.
18. Termination
MindED may suspend or cancel accounts for justifiable reasons and will notify when reasonable.
The user can close their account at any time.
Certain clauses will remain in effect after termination.
19. Disclaimer
The Services are offered “as is”, except for minimum legal guarantees. Continuous availability and error-free operation are not guaranteed.
The limitations do not affect inalienable consumer rights.
20. Compensation
You must indemnify MindED for claims arising from misuse of the Services, except when the damage is due to MindED.
21. Limitation of Liability
MindED will not be liable for indirect or incidental damages except in cases of:
Intentional misconduct or gross negligence
Personal injury
Essential breaches
Cases where the law prohibits the limitation
Maximum total liability: amount paid in the last 12 months.
22. Dispute Resolution
EU/EEA users: Spanish law applies, courts of the consumer's domicile. ODR platform available.
Users outside the EU/EEA: courts of San Francisco, California.
23. General Terms
These Terms constitute the entire agreement. Any invalid provision will be interpreted in a manner permitted by law. You may not transfer these Terms without authorization. MindED may transfer them to affiliated entities.
24. Additional Terms
Additional terms may apply to certain services. In case of conflict, the additional terms will prevail.
25. Contact
Email: support@minded.es
Postal addresses:
Sanoma Educación SLURonda de Europa, 528760 Tres Cantos (Madrid), Spain
CogniFit Inc. 600 California Street, 11th Floor San Francisco, CA 94108, United States