COMPANY: MINDWORKS FOUNDATION, LLC and its affiliated entities (“Company”, “us”, “our”, and “we”)

COMPANY CONTACT INFORMATION:

Attention: Mindworks Foundation, LLC

P.O. Box 765

Roy, Utah 84067

Email: info@myeyemotion.com

COMPANY WEBSITE: The website located at [www.info@myeyemotion.com](together with any websites on related

domains or subdomains, the “Site”).

AGREEMENT

These Terms of Use (these “Terms”) are a legal agreement between you and your business, if applicable, on the one

hand (together, “you” or “your”), and Company (as defined above) on the other hand. These Terms govern your use

of (i) any websites or web applications provided, published, developed or made available by the Company, including

the Site; (ii) any mobile or online applications provided, published, licensed, developed or made available by the

Company; and (iii) any feature, content, software, hardware, services or other products available on or through the

Site or otherwise provided by the Company (the “Services”). Information available through the Services are

copyrighted works belonging to the Company, as are the Site. Certain Services may be subject to additional policies,

guidelines, terms, or rules, including the Company’s Privacy Policy, which will be posted on or in connection with

downloading or accessing the Site or App. All such additional terms, guidelines, and rules are incorporated by

reference into these Terms. These Terms shall not apply to Services that post different terms of use.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR

USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE AUTOMATICALLY

ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT),

AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY

TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).

YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST

18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT

ACCESS AND/OR USE THE SERVICES.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE

DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES

AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE THE SECTION BELOW ENTITLED “DISPUTE

RESOLUTION” FOR ADDITIONAL INFORMATION.

1. ACCOUNTS

1.1 Account Creation. In order to use certain Services, you may be required to register for an account on

the Site (“Account”) and provide certain information about yourself as prompted by the account registration form.

You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b)

you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by

following the instructions provided in your Account. Company may suspend or terminate your Account in

accordance with these Terms at any time, and you agree that Company will not have any liability whatsoever to you

for any termination of your Account.

1.2 Account Eligibility. As an express condition of being permitted to create and access an Account, you

represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to

enter into contracts under the law of the jurisdiction in which you reside; (ii) are not on a list of persons barred from

receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued

by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdictions; (iii) are not

a resident of any country which is subject to currently-ongoing sanctions imposed by the United States of America

or the United Nations; and (iv) are at least 13 years of age or older, and if you are under the age of 18, your parent or

legal guardian, as applicable, has expressly consented to your use of the Services.

1.3 Account Responsibilities. You represent and warrant that all required registration information you

submit is current, complete, truthful and accurate. You also agree and acknowledge that you will maintain the

accuracy and completeness of such information. You are responsible for maintaining the confidentiality of your

Account login information and are fully responsible for all activities that occur under your Account. You agree to

immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other

breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply

with the above requirements. Furthermore, you accept all risks associated with the unauthorized access to your

Account.

1.4 Account Password. Upon registration for an Account, you will provide the Company with a password

to access your Account. You are responsible for maintaining the confidentiality of your password and for all of your

activities and those of any third party that occur through your Account, whether or not authorized by you. You agree

to immediately notify Company of any suspected or actual unauthorized use of your Account. You agree that

Company will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure

by you to maintain the security of your password or Account information.

1.5 Account Notices. By providing us with your email address, you agree to receive all required notices

electronically, to the email address provided. Notices will be provided in HTML format, in the text of the e-mail

delivered to you, in an electronic document attached to the email, or through a link to an appropriate notice page on

the Site accessible through any standard, commercially available Internet browser.

1.6 Account Termination. You may delete your Account at any time, for any reason, by following the

instructions provided in your Account. Company may suspend or terminate your Account in accordance with these

Terms at any time, and you agree that Company will not have any liability whatsoever to you for any termination of

your Account.

1.7 Monitoring; Enforcement. You hereby authorize Company, and Company hereby reserves the right

(but has no obligation) to review any User Content submitted by you (if applicable), to monitor your use of the

Services and Company Content, and to investigate and/or take appropriate action against you in our sole discretion if

you violate the Acceptable Use Policy or any other provision of these Terms or applicable laws, or otherwise create

liability for us or any other person. Such action may include removing or modifying your User Content, terminating

your Account in accordance with these Terms, and/or reporting you to law enforcement authorities.

2. ACCESS TO THE SERVICES

2.1 License. Company grants you a non-transferable, non-exclusive, revocable, non-sublicenseable, limited

license to use and access the Services solely for your own personal, noncommercial use, and to display Company

Content (as defined herein) on your computer or other device (the “License”), which License is expressly

conditioned on compliance with these Terms and is specifically subject to any restrictions set forth herein. This

License is revocable by Company at any time without notice or warning, and the Company will not be liable to you

or to any third party for any such revocation. Unless explicitly stated herein, nothing in the Terms may be construed

as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise.

2.2 Certain Restrictions. The License granted to you in these Terms are subject to the following

restrictions: (a) you shall not license, sell, rent, publish, provide, lease, transfer, assign, distribute, host, or otherwise

commercially exploit the Services, whether in whole or in part, or any content displayed through the Services; (b)

you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the

Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service;

(d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished,

downloaded, displayed, posted or transmitted in any form or by any means; you shall not allow others to use your

username and password to access services for free. (e) you shall remain at all times in compliance with the

Acceptable Use Policy set forth below, and (f) you are at least eighteen (18) years of age. You may not assist any

third party in carrying out these prohibited activities. Unless otherwise indicated, any future release, update, or other

addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices

displayed through the Services (or on any content displayed through the Services) must be retained on all copies

thereof.

2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User

Content or to take any action that: (i) violates any third-party right, including any copyright, trademark, patent, trade

secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is

unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false,

intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred,

or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors

in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) You agree not to: (i) upload, transmit, or distribute to or through the Services any computer

viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the

Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid

schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the

Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses,

without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the

Services, or attempt to do so, including via sending a virus, overloading, flooding, spamming, mail-bombing, or

scripting, or violate the regulations, policies or procedures of the networks over which the Services are available; (v)

attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used

together with any Services), whether through password mining or any other means; (vi) harass or interfere with any

other user’s use and enjoyment of the Services; (vii) use any engine, browser, avatar, intelligent agent, robot, spider,

scraper, deep link, software or automated agents, tools, algorithms, programs, methodology or scripts to access,

acquire, navigate, search, copy or monitor the Services or any content thereof, to produce multiple accounts on the

Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the

Services (provided, however, that we conditionally grant to the operators of public search engines revocable

permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent

necessary for creating publicly available searchable indices of the materials available on the Services, but not caches

or archives of such materials, subject to any parameters that we may set forth elsewhere in these Terms or in our

robots.txt files); (vii) access, tamper with, or use non-public areas of the Services, Company’s computer systems, or

the technical delivery systems of Company’s suppliers, contractors or partners; (viii) probe, scan, or test the

vulnerability of any system or network or breach or circumvent any security or authentication measures used in

connection with the Services; (ix) forge any TCP/IP packet header or any part of the header information in any email

or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (x)

commercially exploit any content on the Services other than content provided by you; (xi) modify, make derivative

works of, disassemble, reverse compile or reverse engineer any part of the Services; (xii) access the Services in order

to build a similar or competitive website, product, or service; (xiii) use the Services in a way that distracts or

prevents you from obeying traffic or safety laws; (xiv) use the Services for any illegal activity or goods or in any

way that exposes you, other users of the Services, our supplier, contractors or partners, or Company to harm; or (xv)

otherwise use the Services except as expressly allowed under these Terms.

2.4 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue any Services

(in whole or in part) or the License with or without notice to you, or any Fees (as defined below) charged for the

Services. You agree that Company will not be liable to you or to any third party for any modification, suspension, or

discontinuation of the Services or the License or the Fees, or any parts thereof.

2.5 No Support or Maintenance. The provision of any support or maintenance by the Company with

respect to the Services shall be in the Company’s sole discretion. You acknowledge and agree that Company will

have no obligation to provide you with any support or maintenance in connection with the Services, unless expressly

agreed in writing, and may cease providing or refuse to provide support or maintenance services at any time and for

any reason.

2.6 Ownership; Reservation of Rights. You acknowledge and agree that all the Intellectual Property

Rights (as defined herein) in the Services and its content are and shall remain owned by Company or Company’s

suppliers, contractors or partners. The Company has the right to assign, transfer or sell any such rights or content to a

third party, who in turn may have the right to assign, transfer or sell any such rights or content. Neither these Terms

(nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such

Intellectual Property Rights, except for the limited access rights expressly granted you in the License. Company and

its suppliers, contractors and partners reserve all rights not granted in these Terms. There are no implied licenses

granted under these Terms.

2.7 Intellectual Property Rights. For the purposes of these Terms, “Intellectual Property Rights” means

all intellectual property rights worldwide arising under statutory or common law, and whether or not perfected,

including, without limitation, all (i) patents, patent applications and patent rights; (ii) rights associated with works of

authorship including copyrights, copyright applications, and copyright registrations; (iii) rights relating to the

protection of trade secrets and confidential information; (iv) any other proprietary rights relating to intangible

property (other than trademark, trade dress, or service mark rights); (v) divisions, continuations, renewals, reissues

and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued or acquired; and

(vi) all goodwill associated with any of the foregoing.

3. CONTENT

3.1 Company Content. Except as may be otherwise noted, the information and materials (including,

without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, source

code, object code, software and FAQs and other content) created, generated, published, and/or made available by

Company on or via the Services (collectively, “Company Content”) are the copyrighted works of Company and its

licensors, and Company and its licensors expressly retain all right title and interest in and to the Company Content,

including, without limitation, all Intellectual Property Rights therein and thereto. Except as expressly permitted in

these Terms, any use of the Company Content is considered a breach of your contract with the Company under these

Terms, and may also violate copyright and/or other applicable laws.

3.2 Downloadable Content. In the event that Company makes any Company Content available to be

downloaded and/or printed through the Services, as applicable, Company hereby grants you the limited, revocable,

non-transferable, non-exclusive right to download and print such Company Content under the condition that (i) such

activity is solely for your personal, education or other noncommercial use, (ii) you do not modify or prepare

derivative works from the Company Content, (iii) you do not obscure, alter or remove any notice of copyright set

forth on any Services or Company Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any

of the Company Content and (v) you do not copy any Company Content to any other media or other storage format.

3.3 Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or

display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads

are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company

provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve,

monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all

Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.

When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply,

including the third party’s privacy and data gathering practices. You should make whatever investigation you feel

necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

3.4 User Content.

(a) Definition and Responsibility. “User Content” means any and all information and content

that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings). You are solely

responsible for your User Content. You assume all risks associated with use by the Company or other parties of your

User Content, including any reliance on its accuracy, completeness or usefulness, or any disclosure of your User

Content that personally identifies you or any third party. You hereby represent and warrant that your User Content

does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in

any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content,

you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.

Company is not obligated to backup any User Content, and your User Content may be deleted at any time without

prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if

you desire.

(b) License. You hereby grant (and you represent and warrant that you have the right to grant) to

Company, an irrevocable, nonexclusive, perpetual, royalty-free and fully paid, worldwide license to reproduce,

distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use

and exploit your User Content, and to grant sublicenses of the foregoing rights with multiple levels of sublicensees,

for the purposes of including your User Content in the Services and for any other uses or purposes which Company

may have for such User Content, subject to applicable privacy laws. You hereby irrevocably waive (and agree to

cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

(c) Other Users. Each user of any Service is solely responsible for any and all of its own User

Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any

User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency,

suitability, or quality of any User Content. Your interactions with other users of any Services are solely between you

and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any

such interactions. If there is a dispute between you and any other user of any Service, we are under no obligation to

become involved.

(d) Deletion of User Content. You understand that any termination of your Account may involve

deletion of your User Content associated with your Account from our live databases. User Content may also be

deleted if you do not access or use your Account for a period of time longer than 60 days, or due to failure or outages

from third-party applications or services that the Company relies on to store User Content. Company will not have

any liability whatsoever to you for any termination of your Account or deletion of your User Content.

3.5 Feedback. If you provide Company with any feedback or suggestions regarding the Services

(“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the

right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company

will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will

not submit to Company any information or ideas that you consider to be confidential or proprietary.

3.6 Copyright Policy. As a condition of your right to use the Services, you agree to respect the Intellectual

Property Rights of others. Accordingly, you agree not to upload or post to the Service any copyrighted materials,

trademarks or other proprietary information belonging to any third party without the prior written consent of the

applicable third party. In connection with the Services, we have adopted and implemented a Digital Millennium

Copyright Act (“DMCA”) procedure. Company’s DMCA procedure is in accordance with that suggested by DMCA,

the text of which can be found at the U.S. Copyright Office web site (as of the last revision date of these Terms,

located at http://www.copyright.gov/legislation/dmca.pdf). If you believe that your copyrighted work has been

illegally uploaded or posted on the Services, you may send a written notice to Company at the email set forth in the

Company Contact Information above, and Company will respond pursuant to its DMCA procedure. Company

reserves all rights to seek damages and fees associated with infringement and/or fraud.

4. PAYMENT TERMS.

4.1 Company Paid Services. Company may offer Services to be paid for on a recurring basis

(“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription

Services, “Paid Services”). The License to use and access any Paid Services is expressly conditioned on full

payment of any amounts payable therefor (the “Fees”). By using or accessing any Paid Services, you hereby agree to

pay in full any applicable Fees for such Paid Services which may be established by Company from time to time.

Failure to comply with or otherwise pay Fees due is a material breach of these Terms.

4.2 Fee Amounts; Changes. Fees may be established and communicated by the Company via email, a

posting through the Services (such as on the Site), a notice posted inside or delivered to your Account, or as

otherwise agreed by written agreement or order form executed by you and the Company. Company has the right to

change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service at any

time, including the Fees associated with such Paid Services. Notice of any Fee changes may be delivered via email, a

posting through the Services (such as on the Site or in the Platform), or a notice posted inside or delivered to your

Account. You agree to periodically review Company pricing and policies made available through the Services in

order to stay informed. Your continued use of any Paid Services affected by a change in Fees will constitute your

agreement to such changes and authorization for the Company to collect any such Fees on a going forward basis.

Any change to Fees and other charges will not be applicable until the billing period or renewal period after the

period in which the change to Fees occurs.

4.3 Free Trial. Access to certain Paid Services may be permitted for a free-trial period, as indicated when

accessing such Paid Services (the “Free Trial Period”), without payment of Fees. Upon the expiration of the Free

Trial Period, your License to use such Paid Services will terminate until you have paid the required Fees. If you

continue to use any Paid Services after the end of any Free Trial Period, or if you fail to cancel your subscription for

any such Paid Services during the Free Trial Period, the Company may automatically charge you for any Fees

payable for such Paid Service after the end of the applicable Free Trial Period.

4.4 Non-Refundable; Taxes. All Fees (including professional services such as installation and training) are

non-refundable. All Fees are exclusive of any and all taxes, levies or duties imposed by taxing authorities, and you

acknowledge and agree that you are responsible for all taxes applicable to the Fees, Paid Services or any related

charges in any applicable jurisdictions.

4.5 Payment. Fees may be paid by debit card, credit card, or other form that Company communicates in

writing as being acceptable. If you link a debit or credit card to your account, you hereby authorize us to collect all

Fees by debit from your linked debit card or charge to your linked credit card without further authorization,

including any charges or fees incurred as a result of such debit or charge. Regardless of payment method, we reserve

the right to collect Fees from any balance in your Account or from your linked bank account.

5. INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless,

including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a)

your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d)

your User Content and the access, reliance on or use of your User Content by any other users of the Services.

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which

you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to

settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of

any such claim, action or proceeding upon becoming aware of it.

6. LIMITATION ON LIABILITY; DISCLAIMERS; RELEASE.

6.1 Release. You hereby release and forever discharge the Company (and our officers, employees, agents,

contractors, partners, successors, and assigns) from, and hereby waive and relinquish, each and every past, present

and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind

and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly

out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of,

other users of any Services, any User Content, or any Third-Party Links & Ads), including any disputes, claims,

controversies, demands, rights, obligations, liabilities, actions or causes of actions that may not yet exist or facts of

which may not be presently known to you. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE

CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER

SETTLEMENT WITH THE DEBTOR.”

6.2 Disclaimers.

(A) THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND

COMPANY (AND OUR SUPPLIERS, CONTRACTORS AND PARTNERS) EXPRESSLY DISCLAIM ANY AND

ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,

INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND

OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,

WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL

BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR

SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL

SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST

USE. MORE SPECIFICALLY, YOU UNDERSTAND AND ACKNOWLEDGE THAT COMPANY’S

RESOURCES AND SERVICES ARE NOT OFFERED AS A SUBSTITUTE FOR CLINICAL MENTAL HEALTH

CARE OR MEDICAL CARE AND ARE NOT INTENDED TO DIAGNOSE, TREAT OR CURE ANY MENTAL

HEALTH OR MEDICAL CONDITIONS. YOU ALSO UNDERSTAND THAT COMPANY MATERIALS,

VIDEOS, WORKSHOPS AND OTHER SELF-HELP RESOURCES ARE NOT ACTING AS OR A

REPLACEMENT FOR A MEDICAL PROFESSIONAL OR PRESCRIBED MEDICATION.

(b) THERE ARE POTENTIAL RISKS ASSOCIATED WITH THE USE OF TELEHEALTH

SERVICES, WHICH INCLUDE, BUT MAY NOT BE LIMITED TO, THE FOLLOWING:

(I) COMPANY’S SERVICES AND RESOURCES WILL NOT BE AS COMPLETE

AND IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT CARE BY A LICENSED PROFESSIONAL.

(II) THERE ARE POTENTIAL RISKS TO THIS TECHNOLOGY, INCLUDING

INTERRUPTIONS, UNAUTHORIZED ACCESS AND TECHNICAL DIFFICULTIES AND THAT YOU MAY

NOT HOLD COMPANY LIABLE FOR TECHNOLOGY FAILURES.

(III) WHILE YOU MAY EXPECT THE ANTICIPATED BENEFITS FROM THE USE

OF COMPANY’S SERVICES AND RESOURCES, HOWEVER, NO RESULTS CAN BE

GUARANTEED OR ASSURED.

(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED

WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT

ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION

MAY NOT APPLY TO YOU.

6.3 Limitation on Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY

(OR OUR SUPPLIERS, CONTRACTORS OR PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR

ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY

INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING

FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES,

EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND

USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY

RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA

RESULTING THEREFROM.

(B) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING

ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES

ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND

REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF

FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE

THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS, CONTRACTORS AND PARTNERS WILL HAVE NO

LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

(c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN USING COMPANY’S

SERVICES, YOU UNDERSTAND THAT THESE RESOURCES AND SERVICES ARE NOT OFFERED AS A

SUBSTITUTE FOR CLINICAL MENTAL HEALTH CARE OR MEDICAL CARE AND ARE NOT INTENDED

TO DIAGNOSE, TREAT OR CURE ANY MENTAL HEALTH OR MEDICAL CONDITIONS. YOU ALSO

UNDERSTAND THAT COMPANY MATERIALS, VIDEOS, WORKSHOPS AND OTHER SELF-HELP

RESOURCES ARE NOT ACTING AS OR A REPLACEMENT FOR A MEDICAL PROFESSIONAL. YOU

UNDERSTAND AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR YOUR OWN WELL-BEING

WHILE UTILIZING COMPANY RESOURCES, AND SUBSEQUENTLY, INCLUDING YOUR CHOICES AND

DECISIONS. YOU UNDERSTAND THAT AS A PRACTICE COMPANY DOES NOT HAVE ANY CONTEXT

OR UNDERSTANDING OF YOUR MENTAL HEALTH CIRCUMSTANCES.

(D) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR

EXCLUSION MAY NOT APPLY TO YOU.

6.4 Acknowledgement. You acknowledge that the Services may not function correctly and without error all

the time, and agree that Company shall not be held liable whatsoever for any downtime in accessibility or errors in

its functionality.

7. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use any

Services. We may suspend or terminate your License to use the Services (including your Account) at any time for

any reason at our sole discretion. If you use or attempt to use any of the Services in violation or breach of these

Terms, your License to use the Services shall automatically and immediately terminate. Upon termination of your

License under these Terms, your Account and right to access and use the Services will terminate immediately.

Company will not have any liability whatsoever to you for any termination of your rights, Account or License under

these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will

remain in effect: Sections 2.2 through Section 10, and Section 11.5. Upon termination of your License under these

Terms, you hereby agree to immediately uninstall, remove, delete, destroy and cease using (as applicable), any and

all of the Services, and agree not to use the Services in the future without express consent from Company.

8. DISPUTE RESOLUTION. Please read the provisions in this section (collectively, the “Arbitration Clause”) carefully

as they are an agreement that relates to dispute resolution via arbitration. It is part of your contract with Company

and af ects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS

ACTION WAIVER.

8.1 Applicability of Arbitration Clause. All claims and disputes (excluding claims for injunctive or other

equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the

Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an

individual basis under the terms of this Arbitration Clause. Unless otherwise agreed to, all arbitration proceedings

shall be held in English. This Arbitration Clause applies to you and the Company, and to any subsidiaries, affiliates,

agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users

or beneficiaries of services or goods provided under the Terms.

8.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the

party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the

claim or dispute, and the requested relief. A Notice to the Company should be sent to the Company address set forth

above. After the Notice is received, you and the Company may attempt to resolve the claim or

dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the

Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by

any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if

any, to which either party is entitled.

8.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association

(“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth

in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The

rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of

initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA

Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or

by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims

or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may

be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or

disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the

right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100

miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you

reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral

hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent

jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made

to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each

party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay

an equal share of the fees and costs of the ADR Provider.

8.4 Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is

elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the

specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal

appearance by the parties or witnesses unless otherwise agreed by the parties.

8.5 Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or

demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline

imposed under the AAA Rules for the pertinent claim.

8.6 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if

any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any

other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.

The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief

available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written

award and statement of decision describing the essential findings and conclusions on which the award is based,

including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an

individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you

and the Company.

8.7 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND

STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead

electing that all claims and disputes shall be resolved by arbitration under this Arbitration Clause. Arbitration

procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject

to very limited review by a court. In the event any litigation should arise between you and the Company in any state

or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY

WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

8.8 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE

OF THIS ARBITRATION CLAUSE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS

AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE

ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER

OR USER.

8.9 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the

arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless

otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any

information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable

relief.

8.10 Severability. If any part or parts of this Arbitration Clause are found under the law to be invalid or

unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and

shall be severed and the remainder of the Agreement shall continue in full force and effect.

8.11 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Clause may be

waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of

this Arbitration Agreement.

8.12 Survival of Agreement. This Arbitration Clause will survive the termination of your relationship with

Company.

8.13 Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an

individual action in small claims court.

8.14 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency

equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for

interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Clause.

8.15 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation

of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright,

trademark or trade secrets shall not be subject to this Arbitration Clause.

8.16 Courts. In any circumstances where the foregoing Arbitration Clause permits the parties to litigate in

court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Utah County, Utah,

for such purpose

9. GENERAL

9.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we

may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by

prominently posting notice of the changes on the Site or through your Account. You are responsible for providing us

with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid,

or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing

such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these

Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you

(if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes

will be effective immediately for new users of the Services. Continued use of the Services following notice of such

changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and

conditions of such changes.

9.2 Export. The Services may be subject to U.S. export control laws and may be subject to export or import

regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical

data acquired from Company, or any products utilizing such data, in violation of the United States export laws or

regulations.

9.3 Disclosures. Company is located at the address set forth above. If you are a California resident, you

may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California

Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by

telephone at (800) 952-5210.

9.4 Electronic Communications. The communications between you and Company use electronic means,

whether you use the Services or send us emails, or whether Company posts notices via the Services or communicates

with you via email. For contractual purposes, you (a) consent to receive communications from Company in an

electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other

communications that Company provides to you electronically satisfy any legal requirement that such

communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable

rights.

9.5 Entire Terms; Construction; Severability; Assignment. These Terms constitute the entire agreement

between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of

these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for

convenience only and have no legal or contractual effect. The word “including” means “including without

limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other

provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so

that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an

independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and

obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without

Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of

the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in

these Terms shall be binding upon assignees.

9.6 Trademark Information. Copyright © [MINDWORKS FOUNDATION, LLC]. All rights reserved. All

trademarks, logos and service marks (“Marks”) displayed in connection with any Services are our property or the

property of other third parties. You are not permitted to use these Marks without our prior written consent or the

consent of such third party which may own the Marks.