Terms of Service

These terms are an agreement between you and Only Love LLC, a Florida limited liability company trading as Theta Mind, of 411 Walnut Street, #25654, Green Cove Springs, FL 32043, United States. “We” and “us” mean that company.

You must be 13 or older to create your own Theta Mind account. Users under 13 may use Theta Mind only through school or other approved programs made available by us.

If you are under the age of majority where you live, please read these Terms with a parent or guardian. By using Theta Mind you confirm that you meet these conditions.

Theta Mind is a tool that supports a meditation practice and records the time you spend on it. It is not a medical device. It does not diagnose, treat, cure or prevent any condition, it does not provide medical, psychological or psychiatric advice, and nothing it measures is a clinical measurement.

We make no claim about what meditation will do for you. We provide a medium for the practice; what you conclude about it is yours to conclude.

If you are unwell, seek care. Nothing here is a substitute for a doctor, a therapist or emergency services. If you are in crisis, contact your local emergency number or a crisis line.

You are choosing to do this, and you accept the risks of doing it. Meditation is generally low-risk, and it is not risk-free. Sustained inward attention can surface difficult memories, grief, anxiety, dissociation or distress, particularly for people with a history of trauma or a psychiatric condition. Sitting still for long periods carries ordinary physical risks. You are responsible for deciding whether to practice, for how long, and for stopping when you should.

You are responsible for your own physical environment and safety while using Theta Mind, and you must not use it while driving or doing anything else that requires your attention.

Keep your email account secure — anyone with access to it can sign in as you. You agree not to falsify practice, tamper with measurement, use automated means to accrue THETA, or operate multiple accounts to do any of the above. We may suspend or close an account that does, and remove THETA obtained that way.

To the fullest extent permitted by law, Theta Mind is provided “as is” and “as available”, without warranties of any kind. We do not warrant that it will be uninterrupted, error-free, or that any measurement it produces is accurate.

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to your use of Theta Mind, whether in contract, tort (including negligence) or otherwise, even if we were advised such damages were possible.

Our total aggregate liability is limited to the greater of the amount you paid us in the twelve months before the claim, or one hundred United States dollars.

What we do not attempt to exclude, because it cannot be excluded: liability for death or personal injury caused by our negligence; liability for fraud or fraudulent misrepresentation; liability under any statutory consumer guarantee that cannot lawfully be limited, including the Australian Consumer Law and UK and EU consumer protection law; and your data protection rights, which remain yours regardless of this agreement. Some jurisdictions do not allow the exclusions above, in which case they apply to you only as far as the law permits.

You agree to indemnify Theta Mind against claims, losses and reasonable legal costs arising from your breach of these terms, your misuse of the service, or your violation of any law or of anyone else’s rights.

THETA is a reward credit earned by verified practice. It is not money, not a security, and not an investment. It cannot be bought, is not tradeable, carries no claim on our revenue or assets, and nothing in the system converts it back into currency. It has no cash value. A published price may be lowered and will never be raised. We may change or discontinue rewards, and will give notice before doing so where we reasonably can.

Theta Mind membership begins with a free trial of seven days. After the trial, membership is a recurring subscription that renews automatically for successive one-month periods at the price shown to you when you join, until you cancel.

Where you joined through the Theta Mind website, we charge the payment method you have given us. Where you joined through the Apple App Store or Google Play, that store takes the payment and applies its own rules to the subscription.

If you are under the age of majority where you live, a parent or guardian must make or approve any membership payment.

You may cancel at any time, with effect from the end of the period you have already paid for. Cancelling stops future renewals; it does not delete your account, your practice history, your THETA or any Free Month Credits you have earned.

Statutory rights to cancel or to a refund, where they apply to you, are unaffected by anything here. Our refund policy is at thetamind.now/refund-policy.

A Free Month Credit is one month of Theta Mind membership, earned by practicing rather than bought. You earn one for every 30 consecutive qualifying days, and a qualifying day is one on which you complete at least 10 verified meditation minutes; several sessions in the same day may add up to reach it. There is no limit on how many you may earn.

A credit is applied to your next renewal instead of a charge. After a free period, normal renewal resumes unless another Free Month Credit is available to apply.

Credits you have earned stay yours. If your streak later breaks, you keep every credit you had already earned. If you cancel your membership, unused credits remain on your account and are available again if you resubscribe. If you earn another before an earlier one has been used, both are kept and used in turn.

They are not money. A Free Month Credit has no cash value, cannot be exchanged for money, and cannot be transferred to another person or account. If you permanently delete your Theta Mind account, any unused credits are deleted with it.

Where your membership is billed by the Apple App Store or Google Play, we apply your credit using the mechanisms that store makes available to us, and that store’s own rules may affect exactly when it takes effect.

We decide whether meditation is verified using the measurement described in the app, and we may refuse or withdraw credits obtained by falsifying practice, tampering with measurement, or operating multiple accounts (see section 4).

You agree not to:

• reverse engineer, decompile or interfere with the service, or attempt to defeat any measurement or security mechanism;
• access the service by automated means except a well-behaved search crawler;
• upload or transmit anything unlawful, or anything that infringes another person’s rights;
• resell, sublicense or commercially exploit the service without our written agreement;
• use the service to harass any person or to collect data about other users.

The software, designs, text, generated audio and the Theta Mind name and marks belong to us or our licensors. You are granted a personal, non-exclusive, non-transferable, revocable license to use the service for your own practice, and nothing more.

Anything you write or record and submit remains yours. By submitting it you grant us a license to host, reproduce and display it for the purpose of operating the service, and you confirm you have the right to grant that.

You may stop using Theta Mind and delete your account at any time. We may suspend or end your access for a material breach of these terms. Sections 5, 6 and 7 survive.

We may change these terms. If a change is material we will tell you in the app before it takes effect and ask you to accept it. Continuing to use Theta Mind after that is acceptance. If you do not accept, you may stop using the service and delete your account, and anything you have already earned remains spendable until you do.

Please write to us first. Most problems are solved in an email, and we ask that you give us 30 days at support@thetamind.now before starting anything formal.

Arbitration. If we cannot resolve it, any dispute will be settled by binding individual arbitration rather than in court, under the rules of a recognized arbitration body, in the English language.

You may opt out. Email us within 30 days of first accepting these terms saying you decline arbitration, and this section will not apply to you. Nothing else changes. An arbitration clause with no opt-out is frequently held unenforceable, and we would rather have one that works.

Class action waiver. Disputes are brought individually and not as a class, collective or representative action, to the extent the law permits.

Exceptions. Either of us may bring a claim in small claims court, and either of us may seek an injunction to protect intellectual property. If you are a consumer in the UK, EU, or another jurisdiction whose law gives you the right to bring proceedings in your local courts, this section does not take that right away.

These terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules, and the courts of Miami-Dade County, Florida have non-exclusive jurisdiction. If you are a consumer, this does not deprive you of the protection of the mandatory laws of the country where you live, or of your right to bring proceedings there.

Severability. If any part of these terms is held unenforceable, that part is limited or removed to the minimum extent necessary and the rest stays in force.

No waiver. If we do not enforce a right, that is not a waiver of it.

Assignment. You may not transfer your account or these terms. We may assign them to a successor in a merger or sale of the business, and will tell you if we do.

Force majeure. Neither of us is liable for failures caused by events genuinely outside our reasonable control.

Entire agreement. These terms and the Privacy Policy are the whole agreement between us about the service, and replace anything said beforehand.

support@thetamind.now