TERMS & CONDITIONS

Welcome to MindSmith ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of MindSmith's services, website, and applications (collectively, the "Services"). MindSmith provides premium psychological performance optimization services for elite performers.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet the eligibility requirements. If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.

MindSmith provides specialized mental architecture solutions designed to help high-achieving individuals and teams maintain peak performance while managing complex psychological challenges. Our Services may include, but are not limited to:

• Individual performance coaching

• Team optimization programs

• Mental resilience training

• High-stakes situation preparation

• Psychological assessment and profiling

• Customized performance protocols

The specific details, deliverables, and timelines of Services will be outlined in separate service agreements or statements of work between MindSmith and clients.

4.1 Account Creation
To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

4.3 Account Termination
We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Service Fees
Our fees for Services are as specified in the separate service agreements or as otherwise communicated to you. All fees are in Indian Rupees (INR) unless otherwise specified.

Payment Terms
Payment terms are specified in the service agreements. You agree to pay all fees in accordance with the payment terms. Your payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in these Terms or as required by applicable law.

Taxes
You are responsible for paying all taxes associated with your use of the Services, excluding taxes based on MindSmith's net income.

Client Confidentiality
We understand the sensitive nature of our work with elite performers. We maintain strict confidentiality regarding all client information and performance data. The specifics of our confidentiality practices will be detailed in service agreements and our Privacy Policy.

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Privacy Policy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

MindSmith Content
Unless otherwise indicated, the Services and all content and materials therein, including, without limitation, the MindSmith logo, designs, text, graphics, images, information, data, software, sound files, and other files (collectively, "MindSmith Content"), are the proprietary property of MindSmith or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Limited License
Subject to your compliance with these Terms, MindSmith grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and MindSmith Content solely for your personal or internal business purposes.

Restrictions
You may not:

1. Use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or MindSmith Content, except as expressly permitted in these Terms

2. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services

3. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services

4. Use automated means or processes to access or use the Services without our express written permission

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Client Materials
You retain all rights in any content, materials, or data that you submit, upload, or provide to MindSmith in connection with the Services ("Client Materials"). You grant MindSmith a limited, non-exclusive, royalty-free license to use, reproduce, and modify Client Materials solely for the purpose of providing the Services to you.

Your Representations and Warranties
You represent and warrant that:

1. Your use of the Services will comply with all applicable laws and regulations

2. You have the necessary rights and permissions to provide Client Materials to MindSmith

3. Client Materials do not violate the rights of any third party

MindSmith Representations and Warranties
MindSmith represents and warrants that:

1. We will provide the Services in a professional manner in accordance with industry standards

2. We will comply with all applicable laws and regulations in providing the Services

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDSMITH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
MINDSMITH DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME OR PERFORMANCE ENHANCEMENT. MINDSMITH SERVICES ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL OR PSYCHIATRIC TREATMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MINDSMITH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR USE OR INABILITY TO USE THE SERVICES
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT MINDSMITH HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

You agree to indemnify, defend, and hold harmless MindSmith and its officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

1. Your use of and access to the Services

2. Your violation of any term of these Terms

3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right

4. Any claim that your Client Materials caused damage to a third party

Term
These Terms shall remain in full force and effect while you use the Services or maintain an account with us.

Termination by You
You may terminate these Terms at any time by discontinuing use of the Services and closing your account. Termination of Service agreements shall be governed by the terms of those agreements.

Termination by MindSmith
We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Effect of Termination
Upon termination, your right to use the Services will immediately cease. The following provisions shall survive termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and any other provision that by its terms or nature is intended to survive termination.

Governing Law
These Terms shall be governed by and construed in accordance with the laws of the UT of Delhi, without regard to its conflict of law principles.
 

Arbitration
Any dispute arising out of or relating to these Terms or the Services shall be finally settled by binding arbitration administered by the Commercial Arbitration Rules. The arbitration shall take place in Delhi, and shall be conducted in the English language by a single arbitrator.

Exceptions
Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.

Class Action Waiver
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR MINDSMITH WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes through the Services or by other means. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.

MINDSMITH SERVICES COMPRISE OF PSYCHOLOGY AND PSYCHIATRIC SERVICES. OUR PERFORMANCE OPTIMIZATION SERVICES ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT BRAIN DISEASE OR MEDICAL CONDITION. IF YOU HAVE A MEDICAL OR PSYCHIATRIC CONDITION, PLEASE INTIMATE YOUR CASE MANAGER OR DOCTOR IN CHARGE.

Entire Agreement
These Terms, together with any service agreements and the Privacy Policy, constitute the entire agreement between you and MindSmith regarding the Services.

Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MindSmith's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MindSmith without restriction.

Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MindSmith via email (in each case to the contact details that you provide).

If you have any questions about these Terms, please contact us at:
MindSmith Health Services Private Limited

S132 Greater Kailash II, New Delhi 110048
Email: contactms@mindsmith.co.in

Phone: +91 9810590272

Last Updated: Mar 23, 2025