Terms and Conditions

Last updated: June 4, 2024

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.mindiful.education website, Mindiful® Downloadables, Mindifiul® Certifications, and the Mindiful® Software Solution; desktop application, web application and mobile application (the “Service”) operated by Whengen LLC (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service.

​

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

​

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

​

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Whengen LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Whengen LLC customer support team.

​

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Whengen LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Whengen LLC to charge all Subscription fees incurred through your account to any such payment instruments.

​

Should automatic billing fail to occur for any reason, Whengen LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Whengen LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

​

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Whengen LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

​

At any time and without notice, Whengen LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Whengen LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

​

Whengen LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

​

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

​

Digital Products - Mindiful® Downloadables, Mindiful® Certifications - Usage​

After purchasing the digital product(s), you will be given access to the product(s) through a download or access to an online course interface. You will have lifetime access to the materials or courses so long as the product(s) is/are available.

The intent of Mindiful® Education’s digital downloadable materials, ‘Mindiful® Downloadables,’ and online digital certification courses, 'Mindiful® Certifications,' is for the benefit of children.

You are NOT permitted to:

• Reproduce or resell Mindiful® Downloadables or Certification Courses for any commercial purpose.

• Edit, alter, modify, or otherwise change the whole or any part of Mindiful® Downloadables or Certification Courses in a way beyond their intended use. However, modification for translation, accessibility, inclusivity, or adaptation to accommodate disabilities is permitted and encouraged.

• Use Mindiful® Downloadables or Certification Courses in any way that breaches any applicable local, national, or international law.

​

Digital Products - Mindiful® Downloadables, Mindiful® Certifications

Fees & Payment Processing

In consideration for access to the Digital Product(s) (Mindiful® Downloadables, Mindiful® Certifications) provided by Whengen, LLC, you agree to compensate Whengen, LLC the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, you shall provide a new eligible payment method before receiving access to the Product(s). In the event you have already been given access to the Digital Product(s) and a payment method is declined, Whengen, LLC reserves the right to collect any and all outstanding receivables.

​

Digital Products - Mindiful® Downloadables, Mindiful® Certifications

Refunds

Due to the nature of digital products being immediately accessible upon purchase, no refunds in connection with the Product will be allowed under any circumstances.

​

Digital Products - Mindiful® Downloadables, Mindiful® Certifications

Copyright, Intellectual Property, and Ownership

Whengen, LLC shall at all times retain ownership of Mindiful®, Mindiful® Education (Mindiful® Downloadables, Mindiful® Certifications) as originally downloaded and all subsequent downloads of Mindiful® Downloadables and Certification Courses. Mindiful® Downloadables and Mindiful® Certifications (and the copyright, and other intellectual property rights of whatever nature in the digital downloadable materials and digital courses, including any modifications made thereto) are and shall remain the property of Whengen, LLC.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Whengen LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Whengen LLC.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Whengen LLC.

Whengen LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Whengen LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Termination We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Whengen LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

​

"AS IS" WARRANTY DISCLAIMER

You expressly acknowledge that the use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an "as is" and "as available" basis. Whengen, LLC, its subsidiaries, affiliates, licensors, and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to: (a) its conformity, accuracy, currentness, completeness, reliability or security (b) its suitability for a particular use; (c) implied warranties of title, non-infringement; (d) its market value; or (e) your satisfaction. Whengen, LLC does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the product to achieve your intended results, and for the installation of, use of, and results obtained from the product.

​

GENERAL DISCLAIMER

Please note Mindiful® is NOT a substitute for a therapist or the ecosystem of care around a child. We are resources, tools, and education to be utilized by educators, clinicians, or parents/guardians. Mindiful® does NOT provide diagnosis or treatment recommendations. We start the awareness, open communication, and set a foundation for a brighter tomorrow, but what matters most is your individualized care and attention.

​

If you notice a child in need of additional assistance, please utilize the community of wonderful children's mental health professionals, therapists, and psychologists. If you notice a child in distress or direct harm, please call 911 immediately or notify the necessary authorities.

Indemnification

You agree to fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) Whengen LLC and its directors, officers, employees, agents, stockholders and Affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgements, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (i) any breach of any representation or warranty of the the Service contained in this Agreement, (ii) any breach or violation of any covenant or other obligation or duty of the the Service under this Agreement or under applicable law, (iii)(iv)(v) [other enumerated categories of claims and losses], in each case whether or not the relevant Claim has merit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

hello@mindiful.io