Legal

Terms of Service

Last Updated: March 16, 2026 Miyndsett, LLC Keller, Texas

BY ACCESSING OR USING THE SERVICES, OR BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE BY ANY MEANS INCLUDING AS FURTHER DESCRIBED BELOW, YOU AGREE TO THESE TERMS OF SERVICE. These Terms of Service (referred to herein as "Agreement" or "Terms of Service") are a binding contract between You and Miyndsett, LLC (referred to herein as "Miyndsett," "Us," "Our," or "We"). If You do not agree to these Terms of Service, You may not access or use the Services. Manifestation of agreement may arise by clicking any button containing the words "I agree," "Start my subscription," "Create my account," or similar, or by accessing or using any of the Services.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE (UNLESS YOU OPT OUT) AND A CLASS ACTION WAIVER, SET FORTH IN SECTION 21, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ THESE REQUIREMENTS CAREFULLY.

Acceptance and Scope

This Agreement shall govern Your use of the Services and Your rights and obligations with respect to User Data placed in the Services, as well as Your creation of an account through which You will access the Services (an "Account"). By accessing, using, subscribing to, purchasing, or downloading the Services, You agree to follow and be bound by the following terms and conditions.

If You are an individual accessing or using the Services on behalf of, or for the benefit of, any person or entity with which You are associated (an "Organization"), then You are agreeing to this Agreement on behalf of Yourself and such Organization, and You represent and warrant that You have the legal authority to bind such Organization to this Agreement. References to "You" and "Your" in this Agreement refer to both any such Organization and to the individual accessing or using the Services on behalf of the Organization.

This Agreement may be modified by Miyndsett by notifying You as provided in Section 24 (Notices) below. By continuing to access or use the Services after the effective date of any such change, You agree to be bound by the modified Agreement.

1. Definitions

"Account Owner" means the individual opening an Account on behalf of themselves or the Organization.

"Client" means a customer of the Organization including a patient or supervisee of the Organization's licensed mental health professional or clinical supervisor.

"Client Portal" means the application-based Service in which Clients can manage their appointments, process payments, securely message, or perform and manage other tasks related to their relationship with the Organization.

"Dispute" will have the broadest meaning possible and means any dispute, action, or other controversy between You and Miyndsett relating to the Services, any transaction or relationship between You and Miyndsett resulting from Your use of the Services, communications between You and Miyndsett, or this Agreement — whether in contract, warranty, tort, laws, or regulations.

"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time.

"Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.

"Payment Data" means any personal or financial information collected from a credit card, debit card, or other payment method, including but not limited to a cardholder's account number, card expiration date, and CVV2.

"Personal Information" is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or a household, such as a name, email address, IP address, telephone number, and broader categories of information such as professional, educational or health information, commercial information and internet activity.

"Protected Health Information" or "PHI" means protected health information as defined by HIPAA's Privacy Rule found at 45 C.F.R. § 160.103.

"Services" means Miyndsett's technology and software platform, including the web application, mobile applications, software, APIs, and servers. Services include but are not necessarily limited to scheduling, clinical documentation, client portal, telehealth, secure messaging, supervision tools, billing and reporting, and any related features available at app.miyndsett.com and associated domains.

"Stripe Payment Processing Services" means third-party services provided by Stripe, Inc. that enable the acceptance of payments, management of subscriptions, and performance of transaction reporting, as well as analytics and other billing services.

"Team Member" means You and Your employees, agents, and service providers who have been added to the Account and assigned a role by You to perform services on Your behalf.

"Transaction Data" means Your information, Payment Data, transaction information, bank information, and credit card information including without limitation tokenized account information, tokens and token access codes, and account information.

"User Data" means any data or images that You or Your Clients upload, stream, or submit to or through the Services, or generated or collected on Your behalf from the Services or third parties, including but not limited to Protected Health Information, video, image and sound data, Transaction Data, and Practice Information.

"User(s)" means You, other Team Member(s), and/or Clients.

2. Verification for Miyndsett

By accepting this Agreement in connection with an Account, the person acknowledging agreement represents that they are at least 18 years of age, or the legal age of majority in their jurisdiction. You further agree that as a condition to accessing the Services, You will submit to Account and Account Owner verification as required by Miyndsett, and provide only true and accurate identification documentation and location information. You are responsible for the security of any Account verification information, such as email addresses and passwords.

The Services are intended for licensed mental health professionals, clinical supervisors, and private-pay therapy practices. By creating an Account, You represent that You hold all required professional licenses and authorizations to practice in the jurisdiction(s) in which You provide services, and that You will maintain such licenses throughout Your use of the Services.

3. Establishing an Account

You must ensure that You provide accurate, current, and complete information about You and Team Members ("Registration Data") as prompted by the registration process, and use the Account management tools provided to keep Your Registration Data accurate, current, and complete. Miyndsett will assign an Account associated with Your email address.

You may only establish an Account if You are a licensed mental health professional, clinical supervisor, or practice administrator with a legitimate professional presence in the United States. Miyndsett reserves the right to verify credentials and may suspend or terminate Accounts that do not meet eligibility requirements.

4. Accessing Your Account

You and other Team Members may access Your Account through the Services. The Services provided by Miyndsett are United States-based. We make no warranty or representation that any aspect of the Services is appropriate for use outside of the United States. Those who access the Services from other locations are responsible for compliance with applicable local laws. Miyndsett bears no liability or responsibility in connection with Clients who access the Client Portal from any country outside of the United States.

5. Responsibility for Use of Account

You are responsible for all obligations and activities conducted through Your Account, including obligations and activities of other Users, and You are responsible for all activities conducted through Your email address and are responsible for other Users to whom You grant access to Your Account. You agree to be jointly and severally responsible for compliance with this Agreement by all Team Members. As between You and Miyndsett, You are responsible for all information and User Data that You and other Users input into the Services.

In the event that fraud, violation of law, regulation or rule, or conduct that violates this Agreement occurs (whether by You or someone else) that is in any way connected with Your Account, We may suspend or terminate Your use of the Services and Your Account, and, if applicable, You shall be financially responsible to Miyndsett for the consequences of such use.

If You know, or have a suspicion or good faith belief, that a Team Member has violated this Agreement, You are responsible for immediately revoking access rights to such Team Member. Additionally, if You become aware that a Team Member no longer possesses the requisite licenses or other credentials or is no longer employed by or affiliated with You, You have the responsibility to immediately revoke access rights to such Team Member.

6. Selection and Use of Account Password

You are responsible for maintaining the confidentiality of Your password. You are responsible for any damages, claims, losses, or other harm resulting from disclosure of Your password, authorization of the disclosure of Your password, or any person's use of Your password or Your Account. You agree that You will not respond to an online request for a password other than in connection with the log-on process to the Services. Your disclosure of Your password to any other person is at Your own risk.

You and each person using Your Account must have separate email addresses and passwords. Users may not share entry identifications and authentication passwords, and any sharing may result in a suspension or termination of access for the User, and/or an increase in charges, at Miyndsett's sole discretion.

7. Fees and Billing

Miyndsett provides the Services for the fees set forth on the Miyndsett website at miyndsett.com or as otherwise communicated to You. Current pricing is $49.00 per month for full access to the Miyndsett platform, billed monthly via Stripe. All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies, and similar governmental charges ("Sales Taxes") imposed on the provision of the Services. All such Sales Taxes shall be borne solely by and paid by You to Miyndsett and deemed to be in addition to the fees charged in connection with the Services.

We may, at any time, add new services for additional fees and charges, or prospectively modify fees and charges for existing services, on notice as provided herein. You acknowledge that it is Your responsibility to ensure payment is made in advance for all paid aspects of the Services, and to ensure that Your credit or debit card or other payment instruments accepted by Miyndsett and/or its processor, including Stripe, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use of the Services in the event of any payment delinquency.

You will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to Miyndsett shall have been earned by Miyndsett as of the date of payment. You will not be entitled to any refund or credits for the partial use of the Services at any time.

8. Modification of Service

Miyndsett reserves the right, upon providing notice to You (via email, through posting on the Miyndsett website, or through any other reasonable means), to add, modify, discontinue, or eliminate aspect(s), features, or functionality of the Services from time to time for any reason, including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.

9. User Data

9.1 Ownership in User Data

You affirm, represent, and warrant that You own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Miyndsett to use, retain, copy, and process the User Data in connection with the Services and as contemplated by this Agreement.

9.2 License to User Data

By uploading or submitting any User Data to or through the Services, You hereby grant Miyndsett a non-exclusive, worldwide, royalty-free, fully paid-up license to use, reproduce, distribute, and process such User Data for the purposes of providing You the Services and further developing, improving, and operating the Miyndsett platform. Any use for purposes other than providing the Services will be in de-identified, non-attributable form only. The license granted in this Section is referred to as the "Service Data License." The Service Data License granted to Miyndsett with respect to User Data will survive the expiration or termination of Your Account solely to the extent necessary for Miyndsett to comply with applicable law.

9.3 Your Responsibilities to User Data

You acknowledge that You are responsible for all User Data You and other Users input into the Services. You understand and agree that You are bound by various laws and regulations, including but not limited to HIPAA, which require that You preserve the availability, accuracy, integrity, and confidentiality of PHI and personally identifiable information. You also acknowledge that all of Your activity within the Services is automatically logged (including into audit logs), and that such activity may be audited by regulators or others.

9.4 Additional User Data Restrictions

You may not, and will ensure that other Team Members do not, post, upload, store, or share any User Data that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
May infringe, misappropriate, or otherwise violate any Intellectual Property Right or other proprietary right of any party, unless You are the owner of such rights or have permission from the rightful owner; or
Contains any private or Personal Information of a third party or a Client, without such third party's or Client's consent.

9.5 Additional Rights to User Data

Although Miyndsett has no obligation to screen, edit, or monitor User Data, We may delete, remove, or suspend the use of User Data at any time and for any reason. By accessing or using the Services, You consent to the processing, transfer, and storage of information about You and Users in and to the United States, where Miyndsett's infrastructure is hosted.

9.6 Transfer of User Data and Account Ownership

You agree that You are responsible for the provision of access to User Data and the sharing of User Data amongst those who are Users or those who are retained by You, in accordance with applicable law. In the event that any Team Member who has access to the Services under the Account dies, becomes incapacitated, or otherwise is unable to provide services, You will be solely responsible for arranging for the transfer of User Data, or modification of access, in compliance with applicable law and this Agreement.

IT IS RECOMMENDED THAT YOU CREATE CLEAR DIRECTIONS REGARDING ACCESS TO AND TRANSFER OF USER DATA IN THE EVENT OF YOUR DEATH OR INCAPACITATION AND SHARE THESE DIRECTIONS WITH A QUALIFIED AND TRUSTED INDIVIDUAL IN ADVANCE. Requests for transfer of Account ownership should be initiated by contacting Miyndsett at support@miyndsett.com.

You agree that User Data that is PHI may only be accessed by or transferred to an appropriate party, pursuant to HIPAA rules and applicable state regulations.

10. Data Privacy and HIPAA

More information about Miyndsett's privacy practices is available in the Miyndsett Privacy Policy.

In providing You the Services, Miyndsett will not sell any Personal Information contained in User Data. Miyndsett will not retain, use, or disclose the Personal Information You provide to Us about Your Clients except for the specific purposes permitted under this Agreement.

We will make no use of PHI that is not permitted by this Agreement, the BAA (as defined below), or that is prohibited by applicable law, including but not limited to HIPAA.

It is Your responsibility to comply with all applicable privacy and data protection laws and to ensure that You have provided all required notices and obtained all necessary consents from Users, and that Users (including without limitation Your Clients) have agreed to the collection of User Data (including PHI) and the access of User Data by You, by Miyndsett, and, where applicable, other third parties. Miyndsett does not provide legal or compliance advice and You are responsible for retaining competent counsel and advisors for these purposes.

In the event that We receive a subpoena, court order, or other legal request compelling the disclosure of any of Your Clients' User Data (including PHI) or any of Your data or information, We will notify You of the existence of such legal request prior to disclosing the PHI or other data, unless ordered not to do so by a court of competent jurisdiction, requested not to do so by law enforcement, or unless Our legal counsel advises Us that prior notification is not required or is in violation of applicable law.

In the event of termination of this Agreement, there is an export feature in the Services which will enable You to retrieve Your User Data contained within the Services prior to the Account termination date. It is Your sole responsibility to manage, maintain, store, or export file or files containing the User Data within the Services to ensure the secure preservation of User Data (including PHI) for You and Your Clients pursuant to federal and state law.

For purposes of complying with the requirements of HIPAA to the extent applicable, You and Miyndsett agree to be bound by each of the terms and provisions of the Miyndsett Business Associate Agreement, which can be found at miyndsett.com/baa and which is incorporated in full by this reference. If any provision hereof is potentially or actually in conflict with the provisions of the Business Associate Agreement with respect to the treatment of Protected Health Information, the terms of the Business Associate Agreement shall prevail.

11. Third Party Materials and Service Providers

The Services may incorporate, contain links to, or otherwise allow connections to, third-party websites, servers, and online products, services, or environments ("Third Party Materials"). You agree that Miyndsett is not responsible or liable for Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials. Miyndsett has no obligation to monitor Third Party Materials, and Miyndsett may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time. Your use of Third Party Materials is at Your own risk and is subject to any additional terms and conditions of use for such Third Party Materials.

12. Payment and Billing Services

In order to use payment processing services and billing services ("Stripe Payment Processing Services"), You must agree to the Stripe Connected Account Agreement and any other applicable Stripe agreement. No transactions will occur in Your Account until You agree to the Stripe Services Agreement. In addition to other terms and conditions herein, You hereby agree that:

Miyndsett may conduct certain activities related to the Stripe Payment Processing Services such as communication of information about transactions and refunds, Stripe account balance adjustments, and the handling of disputes (including chargebacks).
Certain use, recurring, or application fees may be charged to You for Your use of the Stripe Payment Processing Services.
You will comply with all terms and conditions of Your Stripe Connected Account Agreement.
Stripe may suspend or terminate the provision of Stripe Payment Processing Services in accordance with the terms of the Stripe Connected Account Agreement.
As a condition of Miyndsett enabling payment processing services through Stripe, You must provide Miyndsett accurate and complete information about You and Your practice.
You agree to only enter Payment Data into designated payment fields within the app and not to enter any Payment Data into notes fields or any other non-payment related areas of the app.

Where Your Clients pay for Your services through the Services, Miyndsett reserves the right to withhold payment to You of the funds in Your Stripe account to review for suspicious or fraudulent activity and to prevent payouts during the review period. Miyndsett reserves the right to refund transactions that have been classified as fraudulent after investigation and to deny online payment processing for any reason, including for fraud or other suspicious activity.

"Stripe" is a registered trademark of Stripe, Inc.

13. Interruption of Service

You are responsible for obtaining, maintaining, and paying for all hardware, software, and all telecommunications and other services needed to use the Services.

Miyndsett may on occasion need to interrupt or suspend the Services, with or without prior notice, to protect the integrity or functionality of the Services or for maintenance purposes. You agree that Miyndsett is not liable for any interruption or suspension of the Services (whether intentional or not), and You understand that You shall not be entitled to refunds or other compensation for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Data, We will not be liable for any purported damage or harm arising therefrom.

14. Intellectual Property Rights and Limited License

14.1 Intellectual Property Rights in Services

You acknowledge and agree that except for the express licenses granted herein, Miyndsett and its licensors retain all of their respective Intellectual Property Rights in and to the Services, including in and to Our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the "Miyndsett Marks"). Copyright, trademark, and other laws of the United States protect the Services and the Miyndsett Marks.

14.2 Limited License to Services

Miyndsett hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to access and use the Services in the United States, expressly conditioned upon Your Account remaining active, in good standing, and in full compliance with this Agreement.

14.3 License Restrictions

You will not (and will ensure that other Team Members will not):

Allow any person or entity not authorized by Miyndsett to use or access the Services;
Attempt to copy any ideas, features, functions, or graphics contained in the Services;
Use the Services in the operation of a service bureau or for any purpose intended to benefit a party other than You;
Alter or modify all or any part of the Services;
Sell, assign, sublicense, rent, lease, or otherwise transfer all or any part of the Services or any rights in connection therewith;
Attempt to translate, disassemble, decompile, reverse assemble, or reverse engineer all or any part of the Services, including to design or build a competitive product or service;
Impersonate any person or entity without their consent, or otherwise misrepresent Your affiliation;
Engage in malicious, disruptive, or other conduct that impedes or interferes with other Users' normal use of the Services; or
Attempt to gain unauthorized access to any other User's account, password, or User Data.

14.4 Feedback

You or other Team Members may provide suggestions, ideas, and/or feedback (collectively, "Feedback") to Miyndsett regarding the Services. Miyndsett will exclusively own and have title to all Feedback provided by You and other Users, and You hereby irrevocably and perpetually assign all right, title, and interest, including Intellectual Property Rights, in and to such Feedback to Miyndsett.

15. Releases

Except to the extent caused by Miyndsett's gross negligence or willful misconduct, You agree not to hold Miyndsett liable for any User Data, the actions or inactions of You or other Users of the Services, or of other third parties. As a condition of access to the Services, and except to the extent arising out of Miyndsett's gross negligence or willful misconduct, You release Miyndsett (and its officers, directors, managers, agents, parents, subsidiaries, and employees) from claims, demands, losses, liabilities, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any Dispute You have or claim to have with one or more other Users of the Services or with other third parties.

16. Disclaimer of Express and Implied Warranties

MIYNDSETT PROVIDES THE SERVICES AND YOUR ACCOUNT, STRICTLY ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO THE SERVICES OR YOUR ACCOUNT.

Miyndsett does not ensure continuous, error-free, secure, or virus-free operation of the Services, and You understand that You shall not be entitled to refunds or other compensation based on Miyndsett's failure to provide any of the foregoing other than as explicitly provided in this Agreement.

Miyndsett does not guarantee that by mere use of the Services You will be in compliance with HIPAA or other applicable law, and You understand and agree that You are responsible for maintaining administrative, technical, and physical safeguards necessary to ensure the confidentiality, availability, and integrity with respect to Your PHI and to otherwise comply with HIPAA and other applicable law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MIYNDSETT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA (INCLUDING USER DATA) OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION), OR THIS AGREEMENT, WHETHER OR NOT MIYNDSETT HAS BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. IN NO EVENT WILL MIYNDSETT'S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED FIFTY DOLLARS (U.S. $150.00).

18. Indemnification

At Miyndsett's request, You agree to defend, indemnify, and/or hold harmless Miyndsett, its officers, directors, managers, parents, employees, subsidiaries, and agents from all damages, liabilities, claims, losses, and expenses, including without limitation attorneys' fees and costs, arising from: (i) any breach or alleged breach of this Agreement by You or other Users; (ii) allegations by any third party that User Data (including the use thereof) is false, intentionally misleading, defamatory, or infringes, misappropriates, or otherwise violates such third party's rights; (iii) other claims, losses, and causes of action asserted by any Users (including without limitation Your Clients); (iv) use of, or activities in connection with, the Services; or (v) Your or other Team Members' negligent, willful, or illegal conduct.

19. Suspension and Termination

The Account Owner may terminate this Agreement by closing the Account at any time for any reason. Subject to Miyndsett's obligations pursuant to Section 10 (Data Privacy and HIPAA), in such event, Miyndsett shall have no further obligation or liability to You under this Agreement or otherwise.

We may suspend without notice, or terminate with notice provided in accordance with Section 24 (Notices), this Agreement (which will result in automatic termination of Your Account) or the access of any Team Member to the Services, if We determine in Our discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of Miyndsett or any third party. Under no circumstances will You be entitled to compensation or a refund for any interruption, suspension, or termination.

20. Termination of Account or Agreement

20.1 Termination of Licenses

Upon termination or expiration of this Agreement, all licenses granted by Miyndsett to use the Services will automatically terminate, and all User Data in Your Account will be accessible to You no more than sixty-four (64) days after termination or expiration of this Agreement. The Account Owner is responsible for exporting all Account data and ensuring the secure preservation of PHI for Your Clients pursuant to federal and state law, and applicable professional and ethical requirements. During this period, Your access to the Services will be limited to downloading Your User Data.

20.2 Liability for Unpaid Fees

Upon termination or expiration of this Agreement, You will not receive any refund of any amounts previously paid and You will remain liable for any charges incurred or unpaid amounts owed by You to Miyndsett.

20.3 Survival of Terms

Sections 1, 5, 7, 9, 10, 11, 12, 13 (last two sentences), 14, 15, 16, 17, 18, 21–26, and this Section 20.3 will survive any termination or expiration of this Agreement.

21. Dispute Resolution

IN THE EVENT OF A DISPUTE BETWEEN YOU AND MIYNDSETT (INCLUDING ANY DISPUTE OVER THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS DISPUTE RESOLUTION PROVISION), OTHER THAN WITH RESPECT TO CLAIMS FOR INJUNCTIVE RELIEF AND DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, THE DISPUTE WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY OPT OUT BY NOTIFYING MIYNDSETT IN WRITING AT PRIVACY@MIYNDSETT.COM WITHIN 30 DAYS OF THE DATE YOU FIRST ACCESS OR USE THE SERVICES.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by this Agreement. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

You agree that this Agreement and the relationship between You and Miyndsett shall be governed by the Federal Arbitration Act and the laws of the State of Texas without regard to conflict of law principles. If You opt out of arbitration, all Disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Tarrant County, Texas.

CLASS ACTION WAIVER: YOU AGREE THAT ANY PROCEEDINGS TO ARBITRATE, LITIGATE, OR OTHERWISE RESOLVE A DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED AND ARE WAIVED BY YOU.

22. Assignment of Agreement and Account

You may not assign this Agreement or Your Account without Our prior written consent. You may not transfer or sublicense any licenses granted by Miyndsett in this Agreement without Our prior written consent. We may assign this Agreement, in whole or in part, and all related rights, licenses, benefits, and obligations, without restriction, without Your consent.

23. Integration, Construction, and Severability

This Agreement, together with the Miyndsett Privacy Policy, BAA, and any other agreements incorporated by reference, sets forth the entire agreement and understanding between You and Miyndsett with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. Miyndsett reserves the right to modify this Agreement at any time upon notification to You as provided in Section 24 (Notices). If any future change is unacceptable to You, You should discontinue using the Services.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

24. Notices

Miyndsett may provide notice to You and obtain consent from You (1) through the Services, including within Your Account; (2) by electronic mail at the electronic mail address associated with Your Account; and/or (3) by written mail communication to You at the address associated with Your Account.

You must submit all notices required or permitted under this Agreement to:

Miyndsett, LLC

c/o Compliance & Privacy Officer

PO Box 80111

Keller, Texas 76244

Email: legal@miyndsett.com

25. Consent to Electronic Communications

We provide Users information by email or posting through the Services. The emails and other communications You will receive from Us include those relating to billing, Account verification, platform and Services training, survey or interview requests, marketing and promotions, and administrative announcements (including related to this Agreement, Our Privacy Policy, or security incident notifications). You understand that by using the Services and agreeing to this Agreement, Miyndsett will send to You the foregoing communication types. You have the right, and may instruct Us, to opt out of communications related to survey or interview requests and marketing and promotions, but hereby waive the right to opt out of any other communications to the extent permitted by applicable law.

26. DMCA Notice

It is Miyndsett's policy to respond to alleged copyright infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Miyndsett's designated agent with the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that You claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Services;
Information reasonably sufficient to permit Miyndsett to contact You, such as Your address, telephone number, and email address;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.

Re: DMCA Notice — Miyndsett

Miyndsett, LLC

c/o Legal / Compliance

PO Box 80111

Keller, Texas 76244

Email: legal@miyndsett.com

In accordance with the DMCA and other applicable law, Miyndsett has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers.

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