Mobile App Terms of Service Privacy Policy - Train your brain, improve speed reading, brain health and academic performance.

INFINITE MIND

MOBILE APP AND WEB APP

END USER LICENSE AGREEMENT AND TERMS OF USE

IMPORTANT – READ CAREFULLY BEFORE PROCEEDING. YOUR USE OF ANY MOBILE APP OR WEB APP, SOFTWARE AND/OR PRODUCTS AND RELATED PROCESSES, FEATURES OR SERVICES AVAILABLE ON OR THROUGH THE WATTSON MOBILE APP OR WEB APP IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING AGREEMENT.

YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE AGREE BUTTON AS MAY BE DESIGNATED BY IM TO SHOW THESE TERMS AND/OR TO INSTALL, ACCESS OR USE ANY MOBILE APP AND/OR WEB APP PROVIDING AN IM PRODUCT, SERVICE OR FEATURE OR ANY RELATED SOFTWARE (COLLECTIVELY “IM SYSTEM”), YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT.

YOU WILL NOT BE PERMITTED TO ACCESS OR USE THE IM SYSTEM AND ANY ASSOCIATED SERVICES UNLESS AND UNTIL YOU AGREE TO THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT IM MAY CREATE AND MAKE AVAILABLE THROUGH THE IM SYSTEM FROM TIME TO TIME.

You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself or your enterprise (“You” or “you’) and you agree your login/registration data is current, complete, and accurate. This Agreement will commence on the date that you access or complete the installation of the IM System, whichever is sooner, (the “Effective Date”).

1. IM AND ITS IM SYSTEM. You are entering into an agreement with Infinite Mind, LC, doing business as Infinite Mind (“IM” or “Company”). The Infinite Mind system shall include, but not be limited to, a mobile application (“mobile app”), a related website and website application (“web app’) and any and all associated components, software, data gathering, host and processing services (collectively “IM System”).

2. TITLE. The IM System is a proprietary product including copyrighted, trade secret and/or patentable components and for which U.S. patent is or may be pending as labeled, if any. The Company shall retain all right, title, and interest in all components of the IM System and in all intellectual property rights therein or thereto.

Your use of the IM System is by subscription lease/use license only. Particular costs of and payment for subscription, if any, shall be agreed upon in a separate agreement and transaction.

In order to provide some versions of the IM System at no monetary charge to the user, you agree that advertising by third-parties, such as Google AdMobs and other advertising, may be displayed in connection with your use of the IM System.

Subject to IM’s ownership, no license or other rights of any kind are granted or conveyed except for the limited use license expressly provided herein.

Under this Agreement you only receive access to the IM System. You shall not offer, loan, transfer, encumber, sell, or otherwise dispose of any copy or piece of the IM System you receive, whether software or application or data access, to any third party without having received prior written authorization from IM. If you do so without IM’s permission, the transfer will be deemed void.

3. LIMITED USE LICENSE. IM hereby grants to you a limited, nonexclusive, non-transferable, non-sublicensable license to use, display, execute, and perform the IM System during the term of this Agreement as instructed by IM’s directions and specifications of use on compatible computing devices/systems you may own or control.

This license does not grant you any right to use any intellectual property of IM including its trademarks or copyrighted works except to inform others of your use of the IM System.

4. RESTRICTION ON USE. You agree that you will not and that you will not permit or allow any other person, directly or indirectly to (a) copy, reproduce, modify, redistribute, sublicense, transfer, rent, lease, sell, resell, lend, assign, publish, transmit, or create derivative work(s) of any component of or all of the IM System, (b) disclose or otherwise disseminate, exploit or make available any component of or all of the IM System to any third party in any form; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the IM System; or (d) post, cast or otherwise make the IM System available over a computer network where it could be used by devices of unlicensed third-parties.

You agree that you will not remove, conceal, or otherwise change any copyright, trademark, patent or other proprietary notice or source identifier contained in or associated with the IM System.

5. UPDATES OF THE IM SYSTEM. During the term of this Agreement, IM may, in its sole discretion, develop updates and may notify you that it has released an updated version of the IM System (the “Updated IM System”). You may acquire access to the Updated IM System as directed by IM and may use the Updated IM System instead of the prior version. Any Updated IM System will also be considered “IM System” for purposes of this Agreement. IM reserves the right at any time and from time to time to supplement, add, change, modify, alter, or discontinue temporarily or permanently any and all functionality or features of the IM System with or without notice. You agree that IM shall not be liable to you for any modification, suspension or discontinuance of the IM System or any features or functions of the IM System. If IM is required due to any third-party rights to modify the IM System you agree to discontinue use of any prior version of the IM System and commence using a modified version of the IM System as directed by IM.

6. TERMINATION. This Agreement and the limited license granted hereunder shall terminate immediately if you breach any term or condition hereof. In the event of a termination of this Agreement, you agree to discontinue all use of the IM System, promptly return, destroy or have destroyed all copies of or access to the IM System, and upon request from IM certify in writing to IM that such discontinued use, return or destruction has taken place.

7. DISCLAIMER OF WARRANTIES. You acknowledge that the IM System provided may contain bugs and errors. The IM System is provided to you “as is” and any use of the IM System is at your own risk. To the extent legally permitted under the applicable law, IM disclaims all warranties, whether express, implied, or statutory, including without limitation, any implied warranties of title, non-infringement of third-party rights, merchantability, or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.

8. LIMITATION OF LIABILITY. You agree that to the extent legally permitted under the applicable law, IM shall not be responsible for any loss or damage to you or others caused by failure of the IM System to function. In no event will IM be liable for any special, consequential, exemplary, incidental, or indirect damages (including, without limitation, those resulting from lost profits, cost of substitute goods, lost data or play interruption) in connection with the use of the IM System or in connection with any other claim arising from this Agreement, even if IM has been advised of the possibility of such damages. You agree that IM shall not be liable for third-party privacy claims such as those described in section 9. You agree that the aggregate liability of IM arising from or relating to this Agreement and the IM System, regardless of the form of action or claim (e.g., contract, warranty, tort, strict liability, negligence, fraud or other legal theory) is limited to the amounts paid by you to IM during the six month period preceding the event giving rise to liability.

You further agree that IM shall not be subject to any liability caused by you if you use the IM System beyond the limited, licensed use provided herein.

To the extent the IM System or your use of the IM System integrates any lawful, inbound marketing and/or sales platform that helps you or IM attract visitors, convert leads, close customers, create content, share social media, automate workflow, seek, utilize cookies and their features and functions (such as identifying, gathering, storing and accessing device-specific information, location information and other information stored on, accessed on, or collected from end users’ devices in connection with use of the IM System, including, as applicable, information about end users’ options for cookie management); generate and/or capture leads, manage customer relationships, map sales pipeline, track performance, harvest marketing data, conduct promotional campaigns and the like (“Marketing Strategies”), you agree and consent to such Marketing Strategies and agree that IM shall not be liable to you for any benefit IM or another derives from Marketing Strategies.

You acknowledge and agree that IM through the IM System will be gathering your input, performance and progress data associated with your use of the IM System. The gathering of your input, performance and progress data is required in order for IM to assess, instruct, report, and assist you to achieve the learning and improvement objectives associated with the features and functionality of the IM System.

9. HOLD HARMLESS AND INDEMNITY. Notwithstanding the capability of the functionality of the IM System, you agree that you will not use the IM System or any IM System feature to access, view, acquire, gather, store, process or otherwise manipulate any data of a person or entity protected by privacy or other laws, unless expressly authorized by the respective person or entity. If you improperly access, view, acquire, gather, store, process or otherwise manipulate any data of a person or entity protected by privacy or other laws without authorization from such person and/or entity (“Unauthorized Use”) you agree to hold the Company harmless and agree to defend and indemnity the Company against any action or claims and resulting liability and damages, if any, brought,, sought or obtained by a third-party arising out of the Unauthorized Use.

10. GENERAL PROVISIONS.

10.1 Feedback. In the event that you provide Company with feedback regarding the use, operation or functionality of the IM System (“Feedback”), including but not limited to information about operating results, known or suspected bugs, errors or compatibility problems, or desired features or functions, you hereby assign to IM all rights without limitation to implement, exploit, incorporate and monetize any idea or invention provided in Feedback into the IM System and agree that IM shall own all rights in all embodiments and intellectual property of technology suggested or derived from Feedback.

10.2 Governing Law, Venue and Arbitration. This Agreement shall be governed by the laws of the State of Utah without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and IM agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Utah and the federal courts located in the district in Utah where IM has its principal place of business. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. A party may initiate arbitration through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. You acknowledge that any breach of this Agreement by you would cause irreparable injury to IM for which monetary damages would not be an adequate remedy and, therefore, IM will be entitled to seek injunctive relief (including specific performance) in any court of competent jurisdiction without first pursuing arbitration.

10.3 Severability; Language. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will remain in full force and effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language.

10.4 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

10.5 Entire Agreement. This Agreement and any terms whether express or implied included in the IM System itself as to data gathering, advertising or in-IM System purchases constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by the party to be charged (which, in the case of the IM, shall require the signature of a duly authorized officer of the IM).

INFINITE MIND APP

PRIVACY POLICY

(last updated 05/24/2018)

This privacy policy covers the INFINITE MIND APP and related website www.infinitemind.io (“INFINITE MIND System”) distributed by Infinite Mind, LC (“IM”).

IM respects your privacy. IM is committed to safeguarding personal identifying information you share with us and information about you generated by using the INFINITE MIND System (“Personal Data”). Personal Data will be used solely by us as outlined below. Your Personal Data will not be shared, sold or in any other way given to a third party advertiser. As permitted by you below, Personal Data may be shared with others related to the operation, function, and features of the INFINITE MIND System.

This Privacy Policy applies when you use the INFINITE MIND System described herein. By establishing an account in the INFINITE MIND System you acknowledge that you have read, understand, and consent to this Privacy Policy before creating an account and using the INFINITE MIND System. This Privacy Policy is notice to you regarding collection and use of Personal Data. This Privacy Policy is not itself a contract and does not create any legal rights or obligations binding upon IM.

If you do not want IM to collect, store, use, or share your Personal Data in the ways described in this Privacy Policy, you should not use the INFINITE MIND System.

Personal Data IM Collects and How IM Collects It

IM collects and stores certain Personal Data that you provide to us directly and information generated using the INFINITE MIND System, including:

your first and last name;
your username;
your gender;
your age/age range or birthday;
your e-mail address;
a password;
other information that identifies you or facilitates use of the INFINITE MIND System;
your profile photo and/or other profile information;
your mobile telephone number (including for SMS text messaging services, if you consent;
the contact information of any persons with whom you elect to share/communicate your Personal Data through the INFINITE MIND System and who have given you permission to share their contact information (IM may collect information as to what is communicated or shared and with whom);
your level, performance, progress and achievement using the INFINITE MIND System; and
any invitations you extend to others to communicate through or join the INFINITE MIND System and their contact information used through the INFINITE MIND System.

You acknowledge and consent that IM may access in real-time, record, and/or store archives of these forms of Personal Data, communications, comments, photos and other user-generated content on IM’s servers and that IM may use them for the functional objectives of the INFINITE MIND System; to protect the safety and well-being of you, other users of the INFINITE MIND System and IM; to protect IM’s rights and property in connection with the INFINITE MIND System; to generate performance information and analytics for you; to create anonymous statistical data about users of the INFINITE MIND System; and to conduct research to operate, improve, personalize, and optimize the INFINITE MIND System for you and other users.

Personal Financial Information

IM collects no personal financial information. IM is able to offer this version of the INFINITE MIND System without charge due to other revenue generated by advertising presented in the INFINITE MIND System.

Advertising Presented Through the INFINITE MIND System

Advertising by third-parties will be presented in the INFINITE MIND System, such as Google AdMob and other advertising. If you click on any third-party advertising you will be navigated to the third-party content in a new tab/page. Any content at or collection of personal information about you at or by a third-party site is beyond the control, approval or consent of IM, you assume all risks associated with any collection and use of personal information about you by the associated third-party and you acknowledge that IM is not responsible for or liable to you for any collection and/or use of personal information about you collected and used by a third-party advertiser.

You will be subject to any privacy policies and terms of use of any third party to whose site you choose to navigate by clicking on any advertising presented through the INFINITE MIND System.

Third-party Social Media Account Information

While the INFINITE MIND System allows you to create an account using third-party login credentials such as Facebook, Apple, Google, or Amazon and the like, those login credentials are neither seen by nor collected by IM, but occur at the third-party site only.

Customer Correspondence

IM will keep a record of any correspondence and its content between us. This may include Personal Data related to such correspondence which will be used by IM for corresponding with you as needed or featured in the INFINITE MIND System as to your performance, analytics, promotional offerings related to the INFINITE MIND System and/or additional services of the INFINITE MIND System.

If you seek assistance from IM or its user support resources, IM will collect and store the contact information you use such as your name and e-mail address/telephone number and the content of your communication with IM user support. You acknowledge and consent that IM may use any information in those communications in order to provide support and improve the INFINITE MIND System.

Cookies and Other Automated Information Collection

IM will collect information about your device and how you use the INFINITE MIND System, including through the use of cookies or similar technologies to optimize and/or enhance the functionality and/or features of the INFINITE MIND System. If provided, you may opt-out of IM’s use of cookies, but doing so may limit the performance of the INFINITE MIND System on your device of choice.

IM uses cookies and other similar technologies to collect and analyze certain kinds of technical information related to you and your device of choice such as IP addresses; the type of computer or mobile device you are using; platform type (like Apple iOS or Android); your operating system version; mobile device identifiers such as Android advertising identification, Apple identifiers for advertising, the MAC address of your device of choice, and the like;

application performance and de-bugging information; your browser type and language; referring and exit pages, and URLs of advertising presented through the INFINITE MIND System and viewed by you; the number of your clicks in the INFINITE MIND System or advertisement; and/or the amount of time spent by you in the INFINITE MIND System.

Information from Other Sources

IM may collect or receive information about you from other sources like third-party information providers.

How IM Uses Information IM Collects

IM uses your Personal Data and other information about you to provide, personalize, maintain the security of, and improve the INFINITE MIND System you use; to maintain our business operations; to communicate with you; to protect you and others; to carry out marketing and advertising; and to exercise, defend or establish our rights.

IM uses your Personal data and other information about you under several legal bases, including to establish and perform the INFINITE MIND System, for our legitimate interests, to comply with our legal obligations, to establish, use and protect IM’s rights, or otherwise with your consent.

The main use of the information IM collects and stores is to provide you with the services you use and:

to improve and optimize the INFINITE MIND System;
to obtain feedback from you;
to communicate with you about the services you use, including new Services, and promotional offers that IM think might be of interest to you;
to enable you to communicate with others;
to provide technical support and respond to inquiries;
to protect the safety and well-being of users;
to protect IM’s rights and property in connection with the INFINITE MIND System;
to prevent fraud or potentially illegal activities, and to enforce our Terms of Use;
to manage and deliver advertising;
to administer rewards, surveys, or other promotional activities or events related to personal progress;
to comply with our legal obligations, resolve any disputes IM may have with you or others and to enforce our agreements; and/or
to conduct research in the field of our services and the features, functionality, and effectiveness of the INFINITE MIND System.

How IM Shares Information

IM will not share Personal Data or personal identifying information with third parties without your consent.

IM may share anonymous, sanitized information as to all users of the INFINITE MIND System with third parties advertisers who post advertisement through the INFINITE MIND System, however, such information will be limited to general demographic information such as age as to groups of users collectively, not individually, to enable advertisers and ad networks to post desired advertising and to measure the effectiveness of their advertising and undertake web analytics.

IM will share some of your Personal Data or other information about you with your friends and other INFINITE MIND System users as you permit and consent, including that others may see your profile within the INFINITE MIND System to allow others to use permitted features of the INFINITE MIND System.

Third-Party Advertising

Third-party advertising will be posted within the INFINITE MIND System in your view and for your further review. By clicking on third-party advertising you leave the INFINITE MIND System and are then outside the governance of this Privacy Policy and our Terms of Use.

Safety, Security, and Compliance with Law

IM will share Personal Data if necessary or required for safety, security, or compliance with law.

Your Personal information, and the contents of all of your online communications in the INFINITE MIND System and between you and IM and/or others may be accessed and monitored as needed to provide our services and may be disclosed:

to satisfy any laws or regulations that may apply;
when IM has a good faith belief that IM is required to disclose the information in response to lawful requests by public authorities, including for national security, law enforcement, or legal process purposes (for example, a court order, search warrant, or subpoena);
when IM believes in its sole discretion that the INFINITE MIND System is being used in committing a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and other security precautions;
when IM has a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally; and/or
to protect the rights or property of IM or applicable third parties, including to enforce our Terms of Service.

Sale or Merger

IM may share your Personal Data or other information about you with the interested party if IM undergoes or evaluates undergoing a sale or merger.

In the event that IM undergoes or evaluates undergoing a business transition, like a merger, acquisition by another company, IM may disclose or transfer all of your Personal Data or other information about you to the successor organization in the transition. IM will make reasonable efforts to let you know of any such business transitions after they occur.

Accessing, Updating and Managing Your Personal Data

You can access or request deletion or updating of your Personal Data by submitting a request through the INFINITE MIND System.

You can opt-out of promotional communications IM may send using a request through the INFINITE MIND System.

Where IM has collected and processed your Personal Data with your consent, you may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing IM conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your Personal Data.

Policies Concerning Children

IM seeks to ensure that IM does not improperly collect information from children as defined in the Children’s Online Privacy Protection Act (“COPPA”).

While the INFINITE MIND System does not target or attempt to directly market to children, it may be that you, if a parent or guardian of a child, wishes to permit a minor child to use the INFINITE MIND System, and you create an account for a minor child or allow a minor child to use your account, you do and to the extent the child can consent does hereby consent that the INFINITE MIND System may collect and use Personal Data related to each such child which uses the INFINITE MIND System.

Though the INFINITE MIND System does not target children as the primary audience, children may seek to access the INFINITE MIND System unbeknownst to the child’s parent or guardian. Should IM detect age information before allowing a user to proceed with use of the INFINITE MIND System, IM may in its complete discretion, either not permit creation of an account without parental consent or provide a version of the INFINITE MIND System suited for children which does not collect, use, or disclose Personal Data of the child user.

If IM learns that IM has inadvertently gathered Personal Data from a child that is not subject to a COPPA exception, IM will take reasonable measures to promptly remove that information from IM records.

Retention of Information by IM

IM will keep your information for as long as necessary to provide you with the services of the INFINITE MIND System, maintain our legitimate business operations, and/or exercise, defend or establish our rights.

How long IM retains your personal information depends on why IM collected it and how IM uses it, but IM will not retain your Personal information for longer than is necessary for our business purposes or for legal requirements.

You hereby acknowledge that the functionality and effectiveness of the INFINITE MIND System requires IM to retain Personal Data about you and connected with your account and/or the services you use from us for as long as you have an active account with us. IM will take reasonable measures to delete this Personal Data if you give IM written notice requesting deletion prior to deletion of your account. However, you acknowledge that IM may retain anonymized and some information after you have closed, or IM has deleted, your account with us where necessary to enable us to meet our legal obligations or to exercise, defend, or establish our rights.

Security of Information

IM works hard to protect your Personal Data you provide to IM but you also have a role to play.

IM implements reasonable and appropriate security measures to help protect the security of your Personal Data both online and offline and to ensure that your data is treated securely and in accordance with this Privacy Policy. These measures vary based upon the sensitivity of the information.

If you have an account registered directly with IM, your profile information is protected by the password you use to access your IM account. It is important that you protect and maintain your IM account’s security and that you immediately tell us of any unauthorized use of your account or disclosure of your login credentials. If you forget the password to your IM account, the services allow you to request that instructions be sent to you that explain how to reset your password. If you access the INFINITE MIND System through a social network and your social network account is hacked or otherwise compromised, this may lead to someone accessing or deleting your IM accounts without your permission. So, be careful to keep your social network account information, including your social network account password, secure as well. IM urges you to log out of your IM account and any social network account you have used to access the INFINITE MIND System when you are finished using them.

When you sign into your IM account or enter payment information, IM and any third-party payment processor used by IM will use encryption technology when such information is transmitted.

While IM takes precautions against possible security breaches of the INFINITE MIND System and our customer databases and records, the INFINITE MIND System, like all other APPs, websites or Internet transmissions may be subject to unauthorized exploitation or attempted exploitation. As a result, you acknowledge and agree that IM cannot guarantee that unauthorized access, hacking, data loss, or other breaches by others may will not be attempted or will not occur, and that IM cannot guarantee the security of your Personal Data while it is being transmitted by you to the INFINITE MIND System. Any transmission is at your own risk of unauthorized exploitation.

Updates to Our Privacy Policy

From time to time, IM may update our Privacy Policy. When IM does, IM will revise the “last updated” date at the top of the Privacy Policy. If IM makes changes that IM deems material, IM will use reasonable efforts to notify you by sending you a notice to the email address IM has on file for you. Otherwise, IM will post the updated Privacy Policy and you are responsible to periodically check for and review the updated Privacy Policy.

If you have any questions, comments, concerns or request regarding our Privacy Policy and/or privacy practices, please send an e-mail to privacy@infinitemind.io.