Myndaro Member Registration: Terms of Service
Welcome to the Terms of Service for the Myndaro Programs. The Myndaro Programs are owned by Myndaro Health, LLC. and its subsidiaries or affiliates involved in providing and supporting the Myndaro Programs (collectively, “We,” “Our” or “Myndaro”). Please read these Terms of Service carefully before using any of the Myndaro Programs. By accessing or using any of the Myndaro Programs in which you have enrolled in, you agree to be bound by these Terms of Service (this “Agreement”). Throughout the Agreement, “Myndaro Programs” refer to the specific Myndaro program that you have enrolled in and not any of the other Myndaro programs that are available and governed by this Agreement.
1. Myndaro Programs
This Agreement applies to your use of any of the Myndaro Programs. The Myndaro Programs that are governed by the Terms of Service are described below:
a) Myndaro for Diabetes Program. This program includes the following products, services and content:
b) Myndaro for weight management Program. This program includes the following products, services, and content:
2. No Medical Advice
The Myndaro Programs do not offer medical advice. Any services or content provided or accessed through the Myndaro Programs, are for informational purposes only, and are not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This includes, but is not limited to, the information provided by Myndaro, its staff of coaches, and/or Certified Diabetes Educators in response to questions you may submit or inquired during a coaching session or conversation. The content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Myndaro Programs. Call 911 or your doctor for all medical emergencies. Myndaro is not responsible or liable for any advice, course of
treatment, diagnosis or any other information, services or products that you may obtain through the Myndaro programs.
3. Your Account and your Use of the Myndaro Programs
You must provide accurate and complete registration information any time you register to use the Myndaro Programs. It is your responsibility to provide us with a true, accurate and complete e-mail address, physical mailing address, and other information related to your account(s), and to maintain and update promptly any changes in this information. You are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Myndaro of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Myndaro shall not be liable for any loss or damage arising from your failure to comply with these Terms of Service.
To protect your confidential healthcare information, it is good practice to enable a touch ID, fingerprint ID or passcode on your smartphone.
The following actions are expressly prohibited in relation to your user name and password:
If you have forgotten your user name or password, We will use an email address provided by you to send your user name or temporary password. You understand that others using the same email address will be able to gain access to your account information, but only if they provide the correct answers to
your security questions.
Your use of the Myndaro Programs and any content accessed through the Myndaro Programs must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Myndaro Programs, or you must be the legal guardian for someone under age 18 whose data is accessed through the Myndaro Programs. You may not interfere with or disrupt the proper operation of the Myndaro Programs. If you use mobile services to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such
as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.
5. Intellectual Property
The Myndaro Programs are owned by Myndaro. We grant to you, for your personal purposes only, a nonexclusive, limited and revocable right to access and use the Myndaro Programs during the paid subscription term of your Myndaro Program, so long as you comply with the terms of this Agreement. You agree not to use the Myndaro Programs for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Myndaro Programs without Our prior written consent. All materials available through the Myndaro Programs may be accessed, downloaded or printed for the
noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these materials may be made without express written permission of Myndaro. Any unauthorized use of the words or images from the Myndaro Programs may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The Myndaro Programs include materials that are derived in whole or in part from materials that are copyrighted, including the format and layout of the Myndaro Programs. The copyrights are owned by Myndaro, or for licensed content, the content providers. None of the names, trademarks, service marks and logos of Myndaro or third parties appearing on the Myndaro Programs may be used in any advertising or publicity, or otherwise to indicate Myndaro’s or
such third party’s sponsorship of or affiliation with any product or service without express written permission of Myndaro or such third party. Nothing contained within the Myndaro Programs should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on or through the Myndaro Programs without the written permission of Myndaro or the third party owner of the trademark, if any. The Myndaro Programs may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.
6. Terms of Sale for Direct Enrollment to the Myndaro for Diabetes Program
This Section 6 applies if you are enrolling for the Myndaro for Diabetes Program directly, and not pursuant to a health benefits plan or program offered by an employer, healthcare provider or insurer. By ordering an enrollment in the Myndaro for Diabetes Program (an "Enrollment Order"), you are agreeing to purchase the products and services as stated in Section 1(a) and subject to the following terms and conditions.
In order to contract with Myndaro you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. If your Enrollment Order is accepted, we will inform you by email and we will confirm your Enrollment Order for the Myndaro for Diabetes Program. When placing an Enrollment Order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your Enrollment Order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to change. (a) Our Contract. When you place an Enrollment Order, you will receive an acknowledgement e-mail confirming receipt of your Enrollment Order. This email will only be an acknowledgement and will not constitute acceptance of your Enrollment Order. A contract between us will not be formed until we send you confirmation by e-mail. You may cancel or terminate your enrollment for the Myndaro for Diabetes Program at any time. Likewise, We may cancel or terminate your enrollment in the Myndaro for Diabetes Program, at any time.
(b) Pricing and Availability. While we try to ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of the Myndaro for Diabetes Program, we will inform you of this as soon as possible and give you the option of reconfirming your Enrollment Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Enrollment Order as cancelled. If you cancel and you have already paid for the Myndaro for Diabetes Program, you will receive a full refund.
(c) Fees. You will pay to Myndaro fees in connection with the Myndaro for Diabetes Program ("Subscription Fees"). Subscription Fees shall be as described in connection with purchase to use the
Myndaro for Diabetes Program. All Subscription Fees are due at the beginning of each subscription term and Myndaro will charge the method of payment you provide in the amount of the Subscription Fees. Subscription Fees do not include taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, "Taxes"). You shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Myndaro's net income.
7. Right to Change Terms of Service
Myndaro may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed Terms of Service. You agree to review the
Terms of Service periodically and use of the Myndaro Programs following any such change constitutes
your agreement to follow and be bound by this Agreement as amended.
8. Computer Equipment; Browser Access and Internet Services
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use the Myndaro Programs. This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Myndaro Programs, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the specific Myndaro Programs for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.
9. Links to Other Sites
The Myndaro Programs may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned web sites. We provide such third party content and links as a courtesy to our users. We have no control over any third party-owned web sites or content referenced, accessed by or available through the Myndaro Programs and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites. In particular, we do not accept any liability arising out of any allegation that any third party-owned content (whether published on the Myndaro programs, or any other, web site) infringes the
intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party web site or content. If you click on links to third party sites from Myndaro, you should consult the policy statements of each site you visit.
10. Email Messaging
For Support, email [email protected]. The Myndaro Programs also offers access to messages via email alerts. You acknowledge that alerts will be sent to the email address you provide to Myndaro. Such alerts may include protected health information (PHI) based on your account preferences, and whoever has access to the email address will also be able to see this information. You acknowledge that if you select to receive PHI via e-mail alert, you may receive such information through an unencrypted method of communication and that information contained in an unencrypted e-mail is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, as your email service provider may not be a secure method of communication. By enrolling to receive Myndaro email alerts, you agree to these Terms of Service and Member Communication Policy, which become effective upon your enrollment.
11. Disclaimer of Warranty; Limitation of Liability
The myndaro programs are provided "as is" and "as available" without warranty of any kind, express or implied. Myndaro, its clients and its suppliers disclaim all express and implied warranties with regard to the information, services and materials
contained on the myndaro programs, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your use of the myndaro programs are at your own risk. Access to the myndaro programs may be interrupted and information, services and materials may not be error-free. None of myndaro, its clients, its suppliers or anyone else involved in creating, producing or delivering the myndaro programs or the information, services and materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information, services and
materials provided on the myndaro programs; they also shall not be liable for any direct, indirect, incidental, special, exemplary, consequential or punitive damages arising out of your use of, or inability to use, the myndaro programs, or your inability to use the myndaro programs for any reason. You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the myndaro programs would not be provided to you absent such limitations. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
You agree to indemnify, defend and hold harmless Myndaro, its clients and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of this Agreement, (ii) your use of the Myndaro Programs, and/or (iii) your posting of material to the Myndaro Programs.
14. Applicable Law
This Agreement and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the State of Delaware. Any dispute between Myndaro and you related to this Agreement shall be resolved exclusively by the state and federal courts of the State of Delaware. The Myndaro Programs can be accessed from the United States. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Myndaro Programs. The Myndaro Programs will be provided by Myndaro without regard to your race, national origin, sex, veteran status, age, disability, diagnosis or religious affiliation.
14. Modification and Termination of the Myndaro Programs
Myndaro reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that your conduct or your use of the Myndaro Programs violates applicable laws or is harmful to the interests of Myndaro or any other users. Myndaro also may place limits on, modify, suspend or terminate the Myndaro Programs generally, and may suspend or terminate your use of the Myndaro Programs if you fail to comply with this Agreement. This suspension or termination may delete your information, files, and other previously available content. If Myndaro terminates the Myndaro Programs or your use of the Myndaro Programs, this Agreement will also terminate, but Sections 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 shall continue to be effective after this Agreement is terminated.
15. General Legal Terms
If you have not signed a separate written agreement with Myndaro related to the Myndaro Programs, this Agreement is the entire agreement between you and Myndaro related to the Myndaro Programs, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between you and Myndaro related to the Myndaro Programs, this Agreement will control. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining
provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
16. Contact Information
Myndaro Health, Inc. is headquartered in St. Petersburg, Florida, in the United States of America.
Myndaro Health llc,
775 5th ave North, St. Petersburg, FL, 33710.
Email: [email protected]
Specific questions and comments should be directed to the appropriate department via our Contact Us page. While we make every effort to respond to all emails within 5 business days, we cannot guarantee a response to every electronic communication.