Terms and Conditions

Welcome to https://try.clearmind.plus/ (“The Site” or “The Website”). These Terms and
Conditions of Use (the “Terms”) are set out to protect the rights of the Website owners and
users.

These Terms and our Privacy Policy and Cookie Policy constitute a legally binding agreement
made between the user or viewer of the website, whether personally or on behalf of an entity
(“you”) and Mikki Technologies Pvt Ltd (“the Company”), a Company incorporated under the
provisions of the companies act 1956, with its registered office at Jangid Complex, Mira Road (E)
Thane 401107 the owner of the website/ the Site (“we”, “us” or “our”), concerning your access to and/or use of the
https://try.clearmind.plus/ website as well as any other media form, mobile website, media channel,
e-portal, or mobile application related, linked, or otherwise connected thereto (collectively, the
“Website”).

The Site is only to be used for your personal non-commercial use and information. Your use of
the Site and features of the Site shall be governed by these Terms and Conditions (hereinafter
" Terms of Use ") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and
Return Policy (together " Policies ") as modified and amended from time to time.

By mere accessing or using the Site, you are acknowledging, without limitation or qualification,
to be bound by these Terms of Use and the Polices, whether you have read the same or
not. Accessing, Browsing or otherwise using the Site indicates your unconditional agreement to
all the Terms and Conditions in this agreement, so please read this agreement carefully before
proceeding. If you do not agree to any of the terms enumerated in the Terms of Use or the
Policies, please do not use the Site. You are responsible to ensure that your access to this Site
and material available on or through it are legal in each jurisdiction, in or through which you
access or view the Site or such material. By using the Site, you hereby acknowledge that you are
familiar with these Terms and any changes or modifications that may occur from time to time.
These Terms and Conditions are effective as of Aug 14, 2023.

Please read these Terms carefully in conjunction with the Privacy Policy, Cookie Policy, Content
Consent and other additional policies applicable to you, which may be changed from time to time

by us, with or without notice to you. Such Privacy Policy, Cookie Policy, Content Consent and
other policies are made part of these Terms and Conditions of Use by this reference, and are in
addition to these Terms and Conditions of Use and are not exclusive.

Glossary

Account means a unique identifier, which is non-transferable and includes a username, password
and email address. It allows the user to access the Services, subject to its compliance with these
Terms, the User Agreement, the Privacy Policy, the Cookie Policy and other policies.

Website means the website owned by the Mikki Technologies Pvt Ltd located at
https://try.clearmind.plus/ (and any successor or related locations designated by us).
Content includes all Text, Graphics, Design and Programming used on the Website.

User refers to any individual or entity that uses any aspect of the Applications.

You means the person who (or the entity on behalf of whom such person is acting) is agreeing to
these Terms and Conditions.

Services means the non-exclusive, non-transferable and non-sublicensable services as further
defined in the User Agreement, and that are made available or offered by the Mikki
Technologies Pvt Ltd through the Website, subject to your compliance with these Terms and
Conditions of Use, the Privacy Policy, the Cookie Policy, the Consent Content and other
policies, as well as payment of all applicable fees.

USER RESPONSIBILITIES AND PROHIBITED ACTIVITIES

Subject to the compliance with these Terms, we grant you a personal, non-exclusive, non-
transferable and limited privilege to enter and use the Website.

The information provided on this website should not be construed as medical advice or a
substitute for professional medical consultation. The accuracy and effectiveness of the
recommendations may vary, and they should not be considered as a substitute for
personalized advice from a qualified medical practitioner or registered mental health
expert. We expressly disclaim any responsibility or liability for any damages or losses,

your computer/device name, your operating system, browser type and version,

application version, operator name, screen size, CPU speed, and connection speed;

directly or indirectly, arising from the use of or reliance on any advice or output
generated by AI on our website.

No Service, in whole or in part, may be reproduced, sold, resold, visited, copied,
duplicated, or otherwise exploited for any commercial purpose without our express
written consent.
You must not misuse the Services and/or the Website. You may only use the Services and
the Website as permitted by these Terms and the applicable laws and regulations.
You must not access the Website through automated or non-human means e.g., page
scrapes, deep links, robots, whether through a bot, script or otherwise any automatic
device, program, algorithm, or through equivalent manual processes.

You must not use and/or access the Website, the Services, the Marks and/or any of the
Content for any purpose that is (i) prohibited by these Terms; or is (ii) illegal, malicious
or unauthorized; and/or (iii) to solicit the performance of any illegal activity or other
activity which infringes our rights or the rights of others.
You must not do anything that would slow down, overload or put an unreasonable and/or
disproportionate strain on the Website’s infrastructure, our systems or networks, and/or
any systems or networks connected to the Website.
You must not obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Website.
You must not breach the security and the authentication measures of the Website or any
systems or networks connected to the Website, and/or probe, test or exploit the
vulnerabilities thereof and/or of the Services.
You must not attempt to disrupt and/or hack the Website and/or gain unauthorized access
to any Account or feature of the Website, and/or any of the systems and/or networks
connected to the Website, and/or any of the Services.
You must not pretend to represent, or to be another individual or entity, or manipulate
identifiers or forge headers in order to hide the origin of any message or transmittal you
send to us or through the Website or any Service.
You must not use, export, or re-export any Content or product or Service in violation of
any applicable laws or regulations, including without limitation, the United Arab
Emirates export laws and regulations.
You must not delete the copyright or other proprietary rights notice from any User
Content and/or the Content;
You must not reverse engineer, decipher, disassemble, tamper with, decompile, or bypass
any security associated with the Software, whether in whole or in part.
You must not upload or transmit viruses, Trojan Horses, or any malicious or destructive
software, that interferes, disrupts, impairs, alters or otherwise, with any Website user
and/or viewer’s uninterrupted use and enjoyment of the Website.

USER ACCOUNT

You may need your own Account to use certain Services, and you may be required to
have a valid payment method associated with your Account.
You may be held liable for losses incurred by us or any other user of the Website due to
(i) someone else using or having access to your Account; and/or (ii) your failure to
maintain the confidentiality and security of your password and login credentials.

You must not share, sell, or otherwise transfer your Account.

All rights not expressly granted to you in these Terms are reserved by us.
We may at our sole discretion delete your Account and any content or information that
you posted at any time, with warning.
Further to terminating or suspending your Account, we reserve the right to take
appropriate legal action, including without limitation pursuing criminal, civil and
injunctive redress.

REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that:

You have the legal capacity to agree to comply with these Terms.

Your use of and/or access to this Website will not violate any applicable law or
regulation.
You are eligible to use the Website, and you are not a minor in the jurisdiction in which
you reside.

PROPRIETARY RIGHTS

The Website is our proprietary property. We own and control, solely and exclusively, the
Website including without limitation, all source code, computer code, Software,
databases, audio, video, photographs, designs, page headers, text, graphics, button icons,
functionality, user interfaces, visual interfaces, music, sounds, scripts, practical features,
etc. contained in and on the Website (collectively, the “Content”) including without
limitation, the “look and feel”, design, expression, structure, arrangement of such Content
and the logos, trademarks, service marks, etc. also contained therein (collectively, the
“Marks”). All such Content and Marks are also licensed by or to us, and are protected by
intellectual property, copyright, patent, trade dress and trademark laws as well as unfair
competition laws.
Your use of the Website does not grant you ownership of any Content or Marks you may
access on the Website; and we reserve all rights not expressly granted to you in these
Terms in and to the Website, the Content and the Marks.
All other trademarks not owned by us that appear on our Website and/or in any of our
Services are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by us.
The Marks may not be used in connection with any product or service that is not our
product or service, in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits us.
In the event that you are eligible to use the Website, you may download or print, only in a
limited manner, a copy of any portion of the Content or User Content to which you
authoritatively gained access exclusively for your personal, non-commercial use,
provided that you do not: (i) remove the proprietary notice language in all copies of such
limited Content and/or User Content; (ii) broadcast such information in any media; (iii)
copy or post such information on any networked device or computer; (iv) make
modification to any such User Content and/or Content, and/or (v) make any additional
representations or warranties relating to such Content and/or User Content.
No part of the Website and no User Content and/or Content may be reproduced, copied,
posted, aggregated, encoded, modified, sold, transmitted, translated, republished,
uploaded, publicly displayed, distributed or otherwise exploited for any commercial

enterprise whatsoever, without our prior, explicit and written consent.

You agree that all user content that you submit, post or display on or through the Website
is your sole responsibility. You represent and warrant that you own or have the necessary
licenses, rights, consents, and permissions to use and authorize us to use, reproduce,
adapt, modify, publish, translate, create derivative works from, distribute, perform, and
display all of your user content (the “User Content”) in connection with the Services,
and to sublicense such rights to third-parties.

INTEGRATION OF YOUTUBE API SERVICE

Clearmind integrates YouTube API services for enhanced functionality within our platform.

By utilizing these aspects of our service, users acknowledge and agree to be bound by the

YouTube Terms of Service. To review these terms, please visit YouTube Terms of Service.

THIRD-PARTY WEBSITES

You may not create a link to this Website through another website, application, portal,
platform or otherwise, without our explicit written consent.

The Website may include links to other websites (the “Third-Party Websites”). We are
neither in control of nor responsible in any respect for such Third-Party Websites.
Furthermore, we are not responsible for and do not endorse the content, information,
materials, policies, and the accuracy and reliability of Third-Party Websites, as well as
any violations, prohibited activities etc. contained therein and accessed through the
Website. Inclusion of Third-Party Websites is not in any manner an endorsement or
approval thereof by us. You will need to make your own independent judgment regarding
your interaction with these Third-Party Websites, which you assume all responsibility
for.

Please review our Privacy Policy and our Cookie Policy, which also govern your use of

and access to our Services and Website.

You hereby acknowledge that Internet transmissions are neither completely private nor
secure. You understand that any message or information (e.g., address, credit card
information etc.) that you send to the Website may be accessed or intercepted by others,
despite the specific notice that the transmission is encrypted.
We may disclose any information about you, including your identity, for the purposes set
forth below:
- If such disclosure is necessary in relation to any complaint or investigation
  regarding your use of and/or access to the Website;
- To identify or take legal action against any person or entity who may be causing
  interference with our rights, or the rights of the visitors or users of the Website;
- To comply with any applicable law, regulation, legal process and/or governmental
  request; and
- For any other lawful purposes.

You hereby agree that we may retain any communication you send to us through the

Website and/or any Service, and we may disclose such data if required to do so by law or
if we determine that such disclosure or retention is reasonably necessary to:

i. Comply with legal process;
ii. Enforce these Terms;
iii. Respond to claims that any such data violates the rights of others; and
iv. Protect the rights, property or our personal safety, our employees, users of or

visitors to the Website, as well as the public.

DISCLAIMER

1. You agree that your use of and/or access to the Website and our Services is
entirely at your sole risk, for which we shall not be responsible.
2.TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, REPRESENTATIONS AND GUARANTEES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE, CONTENT, MARKS,
SERVICES, USER CONTENT AND YOUR USE OF AND ACCESS TO THE
WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF
ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR ANY PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY, TIMELINESS,
PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE WEBSITE,
CONTENT AND MARKS OR USER CONTENT OR CONTENT OF ANY
THIRD-PARTY WEBSITES. THE WEBSITE AND ITS CONTENT ARE
DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR:

YOUR USE OF ANY LINKED SITES AND THIRD-PARTY WEBSITES;
ANY ACTS, OMISSIONS AND CONUDCT OF ANY THIRD PARTIES
IN CONNECTION WITH OR IN RELATION TO YOUR USE OF
AND/OR ACCESS TO THE WEBSITE AND/OR ANY OF OUR
SERVICES.
ANY OMISSIONS, ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND OF USER CONTENT ON THE WEBSITE;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
REASONABLY SECURE SERVERS AND/OR ANY FINANCIAL OR
PERSONAL INFORMATION RESERVED THEREIN;
ANY DOWNTIME OF THE WEBSITE;
ANY DELAY, CESSATION OR INTERRUPTION OF YOUR ACCESS
TO AND/OR USE OF THE WEBSITE OR TRANSMISSION TO OR
FROM THE WEBSITE;
PERSONAL INJURY OR PROPERTY DAMAGE, OF WHATSOEVER
NATURE, RESULTING FROM YOUR ACCESS TO AND/OR YOUR
USE OF WEBSITE, CONTENT AND/OR USER CONTENT;
DEFECT, VIRUSES, BUGS, DESTRUCTIVE FEATURES,
CONTAMINATION OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY OR
USER, AND/OR;
LOSS OR DAMAGE OF ANY KIND, INCURRED DURING
DISCONTINUANCE OR DOWNTIME OF THE WEBSITE, OR IN
RELATION TO THE USE OF ANY CONTENT OR USER CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE WEBSITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

LIABILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED

OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE, OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.

YOUR SOLE REMEDY AGAINST MIKKI TECHNOLOGIES PVT LTD FOR

DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP
USING THE WEBSITE OR ANY SUCH CONTENT.

Limitation of Liabality

Except where prohibited by law, in no event the Company will we be liable to you for
any indirect, consequential, exemplary, incidental, punitive damages, or otherwise,
including lost profits, time, opportunities and/or access to data, whether in an action,
based on breach of contract, tort, product liability, strict liability, statute, law or equity,
arising under or related to these Terms, even if we have been advised of the possibility of
such damages. You hereby waive any and all such claims against us and inter alia, the
owners, affiliates, shareholders, officers, employees, directors, agents, assigns,
predecessors, successors of the Company.

Notwithstanding the other provisions of these Terms, if we are found to be liable to you
for any damage or loss which arises out of or is in any way connected with your use of or
access to the Website or any Content, then our liability shall in no event exceed the
beyond 25,000 INR without any interests rate or actual amount of damages or losses
incurred, whichever is lesser.

Some jurisdictions do not allow limitations of liability; thus, the foregoing limitation may
not apply to you.

Indemnification and Release

You shall indemnify, defend and hold us, the owners, officers, shareholders, directors,

employees, predecessors, successors in interest, agents, licensors, subsidiaries, suppliers,
affiliates, assigns of the Company harmless from and against all claims, third-party
claims, losses, liabilities, demands, expenses, damages, and costs, including court costs
and attorney’s fees, in connection with or resulting from (i) any violation of these Terms;
or (ii) related to your use of and/or access to this Website and/or Services; (iii) any
decision you make based on information or Content or User Content made available to
you through the Website; (iv) any actual or alleged wrongful or negligent act or omission
by you or anyone acting on your behalf; (v) your infringement of intellectual property
rights and/or any proprietary rights of any entity or person in connection with these
Terms and your use of and/or access to the Website and/or Services.

You agree to release us from claims, demands as well as damages of any kind
whatsoever, whether disclosed or undisclosed, actual or alleged, known or unknown,
suspected or unsuspected, direct or consequential, arising out of or relating to in any way
with disputes with any third-parties. To the maximum extent permitted by law, you also
agree to waive any rights that would otherwise limit this release.

Injunctive Relief

You also agree that any violation by you of these Terms will constitute an unlawful and unfair
business practice, and will cause irreparable harm to us, for which monetary damages would be
inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem
necessary or appropriate in such circumstances. These remedies are in addition to any other
remedies we may have at law or in equity.

Governing Law and Dispute Resolution

The Terms of Use and the Policies shall be construed in accordance with the applicable
laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive
jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and
other Policies on the Site, between the parties hereto, shall be referred to the Court at
Mumbai.

Without any prejudice to particulars listed in this Terms and Condition, the Company
shall have the right to seek and obtain any injunctive, provisional or interim relief from
any court of competent jurisdiction to protect its trademark or other intellectual property
rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International arbitration rules of Indian
Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international
arbitration shall be Mumbai, the language shall be English and the number of Arbitrators
shall be 2, one of each will be appointed by either party.
Any claim under these Terms must be brought within one (1) year after the cause of
action arises, or such claim or cause of action is barred.
In the event of any dispute or controversy between us and you, which may arise out of or
in relation to your use of and/or access to the Website and/or Services, the parties shall
attempt, promptly and in good faith to resolve any such dispute. If we are unable to
resolve any such dispute within a reasonable period of time (within a 30-day period),
either party shall be free to pursue any right or remedy available to them in conformity
with these Terms and the applicable law.

Class Action Waiver

You agree that (a) class action and representative action procedures are hereby waived; (b) you
will not assert class action or representative action claims; (c) you will only submit your own,
individual claims and will not seek to represent the interests of any person, or consolidate claims
with any other person; (d) nothing in these Terms will be interpreted as your intent to adjudicate
disputes on a class or representative basis; and (e) any relief awarded to any one user of the
Website cannot and may not otherwise preside over any form of a consolidated, representative,
or class proceeding.

Term and Termination

a. These Terms shall remain in full force and effect while you use and/or access the Website
and/or Services.
b. We reserve the right, at any time, without liability or notice to you, to terminate operation

of the Website and/or deny access to and use of the Website and/or Account, or anyportion thereof,

for any reason or no reason, including without limitation for any breach
of any representation, warranty, or covenant stipulated in these Terms or in any
applicable law or regulation.

Modifications

a. We reserve the right, at any time and at our sole discretion, with or without notice to you,
to (i) change, modify, add or remove portions of these Terms and our policies; (ii)
suspend operation of or your access to the Website and/or Account or any portion
thereof, (iii) change and update the Website and/or its Content or User Content; and/or
(iv) otherwise perform routine or non-routine maintenance to the Website.

b. Please check periodically for the most current version of these Terms. By continuing to
use the Website following the posting of changes, you accept and agree to the changes
that have been made by us.

Feedback

Any feedback you provide at this Website shall be deemed to be non-confidential. We
reserve the right to use such information on an unrestricted basis without
acknowledgement or compensation to you.

Severability

If any provision of these Terms is held to be illegal, invalid, or for any reason unenforceable, in
whole or in part, by a court or other tribunal of competent jurisdiction, that provision shall be
deemed severable and shall be eliminated or limited to the minimum extent necessary, and
replaced with a valid provision that best corresponds with the intent of these Terms, so it does
not affect the validity and enforceability of any remaining provision, which shall remain in full
force and effect.

Unsolicited Idea Submission Policies

We do not accept unsolicited ideas, suggestions or proposals. This includes ideas for new
products, services, marketing campaigns, technologies, processes or otherwise. If you send us

any of the aforementioned, we make no assurances that your ideas and materials will be treated
as confidential or proprietary, or will be compensated.

Entire Agreement

These Terms, the User Agreement, the Privacy Policy, the Cookie Policy and other policies
constitute the entire agreement and understanding between you and us with respect to your
access to or use of the Website and prevail over any terms proposed by you outside these Terms.
Any and all other, written or oral, previous or contemporaneous, agreements or understandings
existing between you and us with respect to such use of and/or access to the Website and/or
Services are hereby superseded by these Terms.

Waiver

a. Any failure by us to enforce or insist upon strict performance of any of these Terms, shall
not operate or be construed as a waiver by us of any provision or right in these Terms.
b. These Terms shall not be interpreted or construed to confer any rights or remedies on any
third parties.

If you have any inquiries or concerns about this Website, Terms and Conditions of Use, or
otherwise, we would like to hear from you. Please contact us at:
Email address: hi@clearmind.plus
Corporate address: Yamuna Tower, Jangid Complex, Mira Road (E), Mumbai 401107

Updated by the Mikki Technologies Pvt Ltd on 20 Aug 2023

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