Terms and conditions
Effective Date: 11/18/2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THE SITE, YUNA APP AND SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS LEGALLY BINDING AGREEMENT. THIS INCLUDES AGREEING TO THE ARBITRATION AND CLASS ACTION WAIVER CLAUSES FOUND IN SECTION 12.
These Terms and Conditions also fully incorporate provisions outlined in the Privacy Policy, so it is essential that you review them thoroughly. If you do not agree to be bound by these Terms and Conditions, you are not permitted to use or purchase the Yuna App and Services.
! IMPORTANT WARNINGS: FOR EMERGENCIES & MEDICAL ADVICE !
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE, OR ARE CONSIDERING HARMING YOURSELF OR OTHERS, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER (e.g., 911 in the United States) AND CONTACT THE RELEVANT AUTHORITIES.
Yuna is an AI-powered coaching tool and is NOT a crisis response service. It is not monitored by humans in real-time and cannot provide assistance in any emergency situation.
YUNA DOES NOT PROVIDE MEDICAL ADVICE OR CLINICAL DIAGNOSES. The Yuna App and its AI coach are designed for mental wellness, self-help, and coaching purposes only. It is not a healthcare provider, does not create a doctor-patient relationship, and is not a substitute for professional medical advice, diagnosis, or treatment from a qualified human healthcare provider (such as a psychiatrist, psychologist, therapist, or physician).
Do not use Yuna for clinical diagnoses, prescribed treatment plans, or any official documentation (e.g., court-ordered therapy verification, emotional support animal certification). Disregard any information from Yuna that could be interpreted as medical or pharmaceutical advice. Never disregard or delay seeking professional medical advice because of information you received through the Yuna app.
1. The Nature of an AI Coach & Your Role in Using It Safely
You understand and acknowledge that the Yuna coaching feature is powered by a sophisticated artificial intelligence model (and is an "AI Coach"). This technology has inherent limitations that you must understand to use the Service safely and effectively.
- Not Human: The AI Coach is a complex algorithm, not a person. It cannot understand context, emotion, or non-verbal cues with the nuance of a human professional. It has no consciousness, feelings, or subjective experiences.
- Potential for Inaccuracies: The AI Coach generates responses based on patterns in vast amounts of data. Its responses may occasionally be inaccurate, irrelevant, nonsensical, inappropriate, or reflect biases present in its training data. Think of the AI's output as a suggestion or a starting point for reflection, not as factual truth.
- No Therapeutic Relationship: Your interaction with the AI Coach does not constitute a therapist-patient, doctor-patient, or any other confidential, privileged, or professional relationship. The legal and ethical duties of a licensed mental health provider do not apply to the Service.
- Contribution of Licensed Professionals: You understand and acknowledge that Yuna may have been developed with contributions from licensed mental health professionals, coaches, and other qualified experts. Their involvement is strictly in a consultative, content development, or advisory capacity to improve the quality and safety of the Service. You expressly agree that the involvement of these professionals does not create a professional-patient or therapist-client relationship between you and any such individual. These professionals are not providing you with medical, psychological, or any other licensed professional services through the Yuna App. Their contribution to the Service does not constitute the practice of therapy, medicine, or any other regulated profession under their respective licenses. Any content within Yuna influenced by these experts is for general informational and educational purposes only and must not be considered a substitute for direct, personalized care from your own qualified provider.
Your Responsibility: Use the AI as a Tool, Not an Authority Figure
To ensure your safety, you agree to treat the AI Coach as a creative tool designed to help you brainstorm and reflect. A helpful analogy is to think of it as an “interactive self-help book that teaches skills.” It can offer new perspectives and tools, but it does not know you, your life, or what is best for you. You are solely responsible for applying your own critical thinking and judgment to its outputs and for seeking advice from qualified human professionals for any serious issues.
Yuna Is Not a “Companion”
You acknowledge and agree that the Service, including the AI Coach, is a tool for personal growth and coaching, not a companion for social or emotional connection, nor sexual gratification. The Service is not designed or intended to be a substitute for human relationships.
To that end, you agree that you will not use the Service as a:
- Loneliness Companion: Yuna is not designed to alleviate feelings of loneliness or to serve as a long-term social outlet. The AI Coach cannot provide the mutual connection and understanding that comes from genuine human interaction.
- Friend Companion: The AI Coach is not a friend. It does not have feelings, consciousness, or the ability to form a reciprocal relationship. Any perceived empathy or understanding is a result of its programming and not genuine emotion. Building emotional dependency on an AI can be detrimental to your well-being.
- Romantic Relationship Companion: The Service is strictly prohibited from being used to simulate or foster a romantic or intimate relationship. The AI Coach is not a partner, and any interactions that are romantic or intimate in nature are a misuse of the Service.
- Companion for Sexual Activity: You may not use the Service for any sexually explicit purposes, including but not limited to generating sexually explicit content or engaging in erotic chat. Yuna is not a platform for sexual gratification or companionship.
Engaging with the AI Coach for these purposes is a violation of these Terms. Such misuse can foster unhealthy emotional dependency and does not align with the intended purpose of the Service as a coaching tool. We reserve the right to terminate your account if you violate this policy.
2. User Eligibility and Responsibilities
Minors: The Service is intended for users who are at least 18 years of age. If you are between the ages of 13 and 17 (a "Minor"), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement on your behalf. If you are a parent or guardian permitting a Minor to use the Service, you are solely responsible for:
- Monitoring the Minor’s use of and access to the Service.
- The online conduct of the Minor and their compliance with this Agreement.
- Accepting any consequences of the Minor’s use of the Service.
- Understanding that Yuna is an AI coaching tool and is not a substitute for professional child or adolescent therapy or medical care.
The Service is not intended for use by children under the age of 13, and we do not knowingly collect information from them.
3. Your Account Information
Yuna offers personalized content and experiences. When you create an Account, we may equest certain information from you, as outlined in our Privacy Policy, including your email address, birthday and a password (“Account Information”). You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activities that occur under your account.
- Ensuring that the information you provide to the Service is accurate. The quality of the AI Coach’s responses may depend on the quality of your input.
- Not using the Service for any unlawful purpose or to harass, harm, or abuse any person.
- Managing and initiating the deletion of your account through the tools provided within the Service. You acknowledge that this right may be subject to legal limitations. We may be unable to immediately process a deletion request if we are required by law to preserve your data, such as in response to a valid court order, subpoena, law enforcement request, or as necessary for an investigation into potential violations of this Agreement or applicable law.
You are fully accountable for all activities that occur in your Account, and it is your responsibility to promptly inform us of any unauthorized use. We will not be held liable for any losses, damages, liabilities, expenses, or attorney's fees that may result from the unauthorized use of your password or Account, with or without your knowledge or authorization, even if you have or have not notified us of such unauthorized use. You are responsible for any losses, damages, liabilities, expenses, and attorney's fees incurred by Mindframe Inc. or a third party due to the unauthorized use of your Account.
4. Intellectual Property and Limited License
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY This Site, including all Materials contained in this Site, is protected by copyright unless specifically indicated otherwise. The Materials include but are not limited to the Yuna App, all branding, AI models, all content generated by the AI Coach, text, graphics, photographs, videos, logos, buttons, icons, images, interfaces, code, and materials, the look and feel, selection and arrangement, design and organization of this Site and the Yuna App, and the compilation of the content, code, data and materials on this Site and the Yuna App, including all intellectual property and proprietary rights (collectively, "Materials").
The Yuna trade name, logos, slogans and other word or design marks which appear on the Site are trademarks of Mindframe Inc. (collectively the "Trademarks").
Mindframe Inc. owns or has license to all rights, titile, interest, copyright and other worldwide intellectual property and trade secret rights in and to the Materials, including Trademarks, and all derivatives, outputs or improvements thereof. All Materials, including the Trademarks, may not be used without Mindframe Inc.’s express written permission. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Mindframe Inc. All other trademarks not owned by Mindframe Inc. or its affiliates that appear on this Site or on the Yuna App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mindframe Inc. Any rights not expressly granted herein are reserved by Mindframe Inc.
Subject to these Terms, Mindframe Inc. grants you limited, revocable, non-transferrable, non-sublicensable, and non-exclusive permission to access and use this Site only to display the Site on your internet browser, to access and use the Yuna App, and to print or copy portions of this Site solely for your personal, non-commercial use, provided that you retain all copyright and other ownership notices contained on the Materials. You may not, however, distribute, modify, transmit, reuse, report, or develop derivative works from the Materials, or otherwise use the Materials for public or commercial purposes. This includes the use of any text, images, audio, and/or video without express written permission of Mindframe Inc. The images of people displayed on this Site or on the Yuna App are either owned by Mindframe Inc. or are used with permission. The use of these images is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
Through your use of the Site, you may be presented with material provided by third parties, not owned or controlled by us, for our partners and from other users of our Services, including but not limited to links to websites or other materials, software, text, graphics, videos, images, or advertising content (collectively referred to as “Third-Party Content”). All Third-Party Content and the Services are protected by United States and foreign intellectual property laws. Unauthorized use of the Services and/or Third-Party Content may result in violation of copyright, trademark, and other laws. Except as expressly provided herein, you have no rights in or to the Services or Third-Party Content, and you will not use, copy or display the Services or Third-Party Content except as permitted under these Terms. No other use of the Services or Third-Party Content is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the Services and Third-Party Content. You may not sell, transfer, assign, license, sublicense, or modify the Third-Party Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Third-Party Content in any way for any public or commercial purpose other than as permitted hereunder. The use or posting of any of the Third-Party Content on any other platform, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Service, your right to access and/or use the Third-Party Content and Services will automatically terminate.
We do not guarantee the accuracy, integrity or quality of any Third-Party Content, regardless of whether such products or services are designated as “certified,” “validated” or the like. Any interaction or exchange of information or data between you and any third-party is solely between you and such third-party. You should take precautions when downloading files from any platform to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Content, you fully assume the risk of doing so. Under no circumstances will Mindframe Inc. be liable in any way for any Third-Party Content, including liability for any errors or omissions in any Third-Party Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Third-Party Content posted, emailed, linked or otherwise transmitted via the Services.
5. Feedback
We greatly appreciate it when you provide us with feedback, comments, questions, or suggestions regarding Mindframe Inc., the Yuna App. or our services (collectively referred to as "Feedback"). By submitting any Feedback, you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not infringe upon the rights of any other person or entity, and (c) your Feedback does not contain confidential or proprietary information belonging to any third party. By providing us with Feedback, you further agree to the following: (i) we have no obligation of confidentiality, either express or implied, with respect to the Feedback, (ii) we may already be considering or developing something similar to the Feedback, (iii) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works, publish, distribute, and sublicense the Feedback, and (iv) you irrevocably waive and cause to be waived any claims or assertions of moral rights in the Feedback against Mindframe Inc. and its users. This Feedback section will continue to be effective even if your Account or access to Yuna is terminated.
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6. Copyright/Trademark Infringement Notice - Framework and Requirements
The Digital Millennium Copyright Act (“DMCA”) requires hosting providers to remove or disable access to potentially infringing content upon receipt of a notice that meets certain requirements. For content hosted by Mindframe Inc., Mindframe Inc.’s policy is to comply with notices alleging copyright infringement pursuant to the DMCA. Section 512 of the DMCA outlines the requirements for reporting a copyright violation for copyright owners, as well as requirements for submitting a counter-notification by an affected party. Mindframe Inc. applies a similar framework to allegations of trademark infringement.
We send a copy of each notice we receive to the alleged infringer, if applicable.
To submit a notice alleging trademark or copyright infringement, you need to provide us with the following information:
A. An electronic or physical signature (typing a full name in the reporting form or an email will be sufficient) of the copyright or trademark owner or a person authorized to act on behalf of the owner;
B. A description of the material that you claim has been infringed: a. For copyright, please identify and describe the copyrighted work, and provide a URL where we can see an example of the copyrighted work; b. For trademark rights, include the basis for your claim, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction, and the description of goods and/or services for which you claim rights;
C. Identification of the claimed infringing material, including the URL(s)of such material on Mindframe Inc.’s applications, websites, or services;
D. Contact information, including the name of the owner of the copyright or trademark at issue and your name, title, address, telephone number, and email address;
E. A statement that you have a good faith belief that the claimed infringing material is not authorized by the copyright or trademark owner, its agent, or the law; and
F. A statement made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on behalf of the owner.
Submitting a Copyright/Trademark Infringement Notice
If you believe that third-party material hosted by, posted on, or accessible through Mindframe Inc.’s applications, websites, and services infringes your copyright or trademark rights, please send a notice of infringement to Mindframe Inc.’s designated agent by emailing [EMAIL].
By submitting the infringement notice, you acknowledge and agree that Mindframe Inc. or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material.
Copyright laws of the United States require you to consider copyright defenses, limitations, or exceptions, such as the fair use doctrine, before sending a notice. If you are not sure whether the material infringes your copyright or whether the fair use doctrine applies, we suggest you contact an attorney. Please be aware that under 17 U.S.C. (s) 512(f) of the DMCA, you may be liable for any damages, including costs and attorneys’ fees incurred by us or our merchants, if you knowingly and materially misrepresent that an activity or material is infringing.
While sending us an email is the easiest and quickest way to submit your notice to us, if you prefer, you may also write to Mindframe Inc.’s designated agent at the following address. If you write to us, please be sure to provide all the information listed above.
Mindframe, inc. BDA YUNA HEALTH
651 N. Broad Street, Suite 201,
Middletown DE 19709
Submitting a Counter-Notice to Challenge a Copyright/Trademark Infringement Notice
If your material has been removed or disabled as a result of an infringement notice and you believe that your material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, you may send a counter-notice to Mindframe Inc.’s designated agent at the address above.
The counter-notice must include:
A. Your physical or electronic signature;
B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
C. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
D. Your name, address, and telephone number; and
E. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Mindframe Inc. may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Mindframe Inc. or its designated agent will forward your counter-notice to the party who submitted the infringement notice. If the copyright or trademark owner does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from Mindframe Inc., then Mindframe Inc. may reinstate the removed or disabled material.
7. Restrictions and Prohibited Uses
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Site, the Yuna App, any of our Services or any of our content content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to generate content that is harassing, abusive, insulting, harming, defamatory, slanderous, disparaging, intimidating, or discriminatory based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- collect or store personal information about other users or stalk, attempt to exploit or harm any individual in any way;
- post, provide or contribute any inaccurate or misleading information that is not indicative of a personal experience
- to submit false or misleading information;
- to reverse-engineer, decompile, disassemble, “jailbreak,” or otherwise attempt to discover the source code or underlying algorithms of the AI models or any part of the Service;
- use content that is designed to evade filters, detection, monitoring, rate limits or other content of service restrictions, including those imposed or managed by telecommunications providers, partners or vendors;
- use or cause to issue content that is sent using spam bots or other similar systems, has altered or hidden mail headers, falsely identifies the sender, or assumes a sender’s identity without permission;
- create a false identity or attempt to mislead others regarding the identity of the sender or the origin of any data or communications;
- impersonate or attempt to impersonate another person
- to use automated systems or software to extract data from the Service ("screen scraping");
- to interfere with or circumvent the security features of the Service, including any filters or safety measures. We reserve the right to terminate your use of the Service for violating any of the prohibited uses;
- transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other rogue programming or items of a destructive nature;
- use this Site, Yuna App or Material in a manner that suggests an unauthorized association with Mindframe Inc. or any other party, or is beyond the scope of the limited license granted to you;
- change or delete any proprietary notices from materials downloaded or printed out from this Site or Yuna App; or
- otherwise violate these Terms.
You further agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site, the Yuna App or any activity being conducted on this Site or the Yuna App.
Mindframe Inc. reserves the right to deny access to any part of its Services at our sole discretion. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
8. Data Privacy in AI Training and Effectiveness Research
Your privacy is critically important to us. Our collection and use of your personal information, including sensitive information you share during conversations with the AI Coach, is described in our Privacy Policy. Please review it carefully.
9. Data Security and Compliance
Your trust is our top priority.
- SOC 2 Compliance: Mindframe Inc. has achieved SOC 2 Type II compliance, meaning our security practices are independently audited to meet rigorous standards for security, availability, and confidentiality.
- Position on HIPAA: Yuna is a mental wellness tool, not a healthcare provider. Consequently, Mindframe Inc. is not a "Covered Entity" under the U.S. Health Insurance Portability and Accountability Act (HIPAA). However, we have voluntarily implemented a security and privacy framework designed to align with the stringent safeguards required by HIPAA.
10. Subscriptions and Payments
We offer various subscription plans.
- Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, it will automatically renew. You authorize us to charge your payment method for the renewal term.
- Cancellation: You may cancel your subscription at any time via the method you obtained the App (e.g., Apple App Store, Google Play Store, etc.). The cancellation will take effect at the end of the current billing period. No refunds are provided for partial subscription periods.
- Price Changes: We will provide you with reasonable prior notice of any price changes.
- Free Trials: Your paid subscription will begin automatically at the end of the trial period unless you cancel beforehand.
11. Disclaimer of Warranty and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AREPROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDFRAME INC., ITS AFFILIATES, OFFICERS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF THE SERVICE.
If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, and that if known by them would have materially affected their settlement with the debtor." This release includes the criminal acts of others.
Mindframe Inc. makes reasonable efforts to maintain the availability of Yuna but cannot guarantee uninterrupted access to the platform at all times.
It is important to note that Yuna IS NOT A MEDICAL SERVICE AND SHOULD NOT BE USED FOR THE PURPOSE OF SEEKING MEDICAL TREATMENT OR ADVICE.
In no event shall Mindframe Inc. or its affiliates, officers, directors, service providers, licensors, agents, and/or employees be liable for damages of any kind, under any theory, arising out of or in connection with your use, or inability to use, the Site and/or the Yuna App, including but not limited to:
(I) Any amount in excess of the fees paid by you to subscribe to Yuna, in the aggregate;
(II) Lost profits, lost data, or failure to meet any duty, including without limitation good faith and reasonable care, arising out of your access to or use of the Site and/or the Yuna App;
(III) Any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever (including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data) and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
You agree that this limitation of liability is a reasonable allocation of risk and is a fundamental element of the agreement between Mindframe Inc. and you. You acknowledge that Mindframe Inc. would not be provided to you without such limitations. Please note that the limitations in this section may not apply to you if prohibited by the laws of your jurisdiction. However, if you are a resident of New Jersey, then the limitations specified herein specifically apply to you.
Indemnification
You agree to indemnify and hold Mindframe Inc., its affiliates, officers and/or employees (including successors and assigns), harmless from any claims or demands made by any third party and/or arising from your violation of this Agreement, your violation of any law or the rights of a third party, or your use of the Service.
12. Dispute Resolution and Arbitration Agreement
THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Mandatory Informal Dispute Resolution
We believe most disagreements can be resolved without resorting to legal action. Before initiating arbitration, you and Mindframe Inc. agree to first try to resolve any Dispute informally. You must notify us of your dispute by sending an email to [XXX@yuna.ai] that includes your name, a description of the dispute, and the relief you are seeking. We will then have sixty (60) days to try to resolve it through dialogue. If we are unable to resolve the Dispute within 60 days, you may then proceed with formal arbitration.
A. GENERAL. YOU AGREE THAT YOU AND MINDFRAME INC. WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO MINDFRAME INC. OR YOUR USE THEREOF, INCLUDING THESE T&C (collectively, "ARBITRAL CLAIMS"). The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
B. ARBITRATION SERVICES AND RULES. Judicial Arbitration and Mediation Services ("JAMS") will administer the arbitration using the JAMS’ procedures and rules in effect on the date the Arbitration is filed ("JAMS Rules"). In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or www.jamsadr.com.
C. FILING AND ARBITRATION FEES. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including arbitrator and hearing expenses. Except as explicitly provided herein, you are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
D. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. Regardless of the amount of your claim, any in-person hearing will be held in the United States county where you live or work, or any other location you and we mutually agree to.
E. CLASS ACTION WAIVER. YOU AND MINDFRAME INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH MINDFRAME INC. THAT NEITHER YOU NOR MINDFRAME INC. WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR MINDFRAME INC. WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
H. NO RIGHT TO JURY TRIAL. YOU AND MINDFRAME INC. ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
I. Your Right to Opt-Out of Arbitration
You have the right to reject this Arbitration Agreement. If you wish to opt-out, you must notify us in writing within thirty (30) days of the date you first accept this Agreement. You must send your written notification to [arbitration-opt-out@yuna.ai] with the subject line "Arbitration Opt-Out." Your email must include your full name and a clear statement that you wish to opt-out of this arbitration agreement.
If you opt-out, you and Mindframe Inc. will resolve Disputes in a court of law as specified in Section 12. Your decision to opt-out will have no adverse effect on your relationship with Yuna or your use of the Service. If you do not opt-out within the 30-day period, you will be bound by the terms of this Arbitration Agreement.
J. CHANGES TO THIS SECTION. We will provide thirty (30) days' notice of any changes to this section by posting on Yuna, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on the Site, Yuna App or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Agreement to Arbitrate and Waiver of Class Action Claims," and the court or arbitrator shall apply the first Agreement to Arbitrate and Waiver of Class Action Claims section in existence after you began using Yuna.
K. SURVIVAL. This Agreement to Arbitrate and Waiver of Class Action Claims section shall survive any termination of your Account or Yuna.
13. Modifications, Termination, and Disruptions
We may modify, suspend, disrupt, or terminate the Service or your access to it at any time, for any reason, with or without notice. We will not be liable for any such action.
14. General Provisions
- Governing Law and Venue: This Agreement shall be governed by the laws of the State of Delaware. The exclusive venue for any legal action not subject to the Arbitration Agreement shall be the federal or state courts located in San Francisco County, California.
- International Users: If you are accessing the Service from outside the United States, you are responsible for compliance with your local laws. This Agreement does not override any mandatory consumer protection provisions of the law in your country of residence.
- Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Mindframe Inc. regarding the Service.
- Assignment: We may assign this Agreement freely. You may not assign this Agreement without our prior written consent.
- Severability & Survival: If any provision is found to be unenforceable, the remaining provisions will remain in effect. All clauses that by their nature should survive termination shall do so.
- International Users and Data Rights: The Service is operated from the United States. If you are a resident of a jurisdiction with specific data protection laws (such as the EEA, UK, or California), you have rights regarding your personal data. Please refer to our Privacy Policy for a detailed explanation of your rights and how to exercise them.
- The T&C may be updated from time to time. If we make material changes, we will provide notice to you either by email, by posting a notification on the Yuna app or by posting an updated T&C on https://www.yuna.io/terms-and-conditions. Any updated T&Cs will be effective when posted. Please note that unless otherwise provided by applicable law or as set forth above in the Agreement to Arbitrate and Waiver of Class Action Claims section, your continued use of Mindframe Inc. following the effective date means that you agree with, and consent to be bound by, the updated T&C.