TERMS OF SERVICE

Effective Date: October 15, 2026

Company: Primed Mind USA (“us”, “we”, “Company”, or “our”)

Applies to: primedmind.com and the Primed Mind mobile software application (collectively, the “Service”)

Any permitted access to or use of the Primed Mind mobile application, digital platforms, or associated website (primedmind.com) operated by Primed Mind USA (collectively, the “App” or “Service”) is strictly subject to these Terms of Service (this “Agreement”).

By installing, visiting, streaming, purchasing, or otherwise utilizing our Service, you unconditionally accept and agree to be bound by the terms, conditions, and notices contained herein in their most recent version.

Primed Mind USA reserves the right, in its sole discretion, to modify, update, or replace any portion of this Agreement at any time. Updates become effective immediately upon publication on our website or mobile application. Your continued use of the Service following the posting of any changes constitutes binding acceptance of those modifications.

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. You confirm that you have read and understood this Agreement, represent that you are at least 16 years of age (or possess valid parental/guardian consent where required by local law), and warrant that your access does not violate any statutory regulation.

ART. 1 SCOPE AND PURPOSE OF AGREEMENT

• 1.1 Mental Performance Enhancement: The App is designed exclusively to assist users in encouraging focus, mindset cultivation, visualization, and peak personal performance through guided audio tools. Results are entirely subjective and dependent on individual efforts. We make no representations, guarantees, or contractual warranties regarding specific outcome metrics, cognitive improvements, or success rates.
• 1.2 Digital Object & Scope: The object of this Agreement encompasses the non-exclusive grant to access digital object code, streamed audio content, mobile app modules, and associated digital services provided directly by Primed Mind USA.
• 1.3 Content Authorship & Modifications: Guided mental training audio tracks (“Primers”) are compiled with expert mental coaching input and made available via encrypted streaming or authorized temporary caching. Primed Mind USA retains absolute discretion to revise, modify, add, or substitute coaching materials or audio narrators at any time without prior notice.
• 1.4 Technical Exclusions: This Agreement strictly excludes hardware installation, personalized configuration, carrier network connectivity, or third-party operating system troubleshooting.

ART. 2 CRITICAL SAFETY, HEALTH & MEDICAL DISCLAIMERS

• 2.1 Operational & Driving Safety Warning: The App contains hypnotherapy, guided meditation, and deep relaxation audio exercises designed to alter state of consciousness and induce states of deep relaxation. YOU MUST NEVER LISTEN TO AUDIO PRIMERS OR USE THE APP WHILE DRIVING A MOTOR VEHICLE, OPERATING HEAVY MACHINERY, BICYCLING, OR ENGAGING IN ANY ACTIVITY THAT REQUIRES UNDIVIDED VISUAL OR PHYSICAL ATTENTION. Primed Mind USA explicitly disclaims all liability for physical injuries, accidents, or third-party property damages caused by failure to adhere to this safety rule.
• 2.2 Medical & Psychiatric Non-Substitution: The Service is not a medical provider, clinical counseling service, or psychiatric treatment platform. Nothing in the App or associated websites constitutes medical advice, clinical diagnosis, or therapeutic intervention. If you suffer from diagnosed psychological conditions, severe depression, clinical anxiety, PTSD, psychosis, or epilepsy, you MUST obtain explicit clearance from your licensed physician or psychiatrist before using the Service.
• 2.3 Not a Medical Device: The Primed Mind mobile application is not registered with or cleared by the U.S. Food and Drug Administration (FDA) or any global health regulatory body as a medical device or therapeutic software.

ART. 3 RIGHTS GRANTED, LICENSING & CONSENT

• 3.1 Limited Personal License: Subject to full compliance with this Agreement and payment of applicable fees, users are granted a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the object code version of the App on personal mobile devices solely for private, non-commercial purposes.
• 3.2 Cross-Border Data Consent: By accessing the Service, you affirmatively consent to the collection, processing, cross-border transmission, and technical storage of your personal data within data centers located in the United States and global cloud service networks, subject to our Privacy Policy.
• 3.3 Strict Restrictions: Users shall not, directly or indirectly: (a) copy, modify, translate, reverse engineer, decompile, disassemble, or attempt to derive source code from the Service; (b) sell, lease, rent, sublicense, assign, or commercially exploit audio tracks or software materials; (c) bypass access controls or digital rights management (DRM) technologies; or (d) scrape, index, or extract data via automated bots, crawlers, or AI training algorithms.

ART. 4 USER OBLIGATIONS & LITIGATION DETERRENCE PROTECTIONS

• 4.1 General Conduct: In using the Service, users undertake to refrain from violating third-party privacy or IP rights, injecting malicious code, or utilizing our communication channels for unsolicited commercial messaging or fraudulent activities.

SPECIAL MANDATORY LITIGATION-DETERRENT PROVISIONS:

• 4.2 Mandatory Pre-Suit Notice and Cure Gate: To protect our Service from predatory, automated, or bad-faith litigation filings (including claims arising under tracking pixels, Meta pixels, cookies, California Invasion of Privacy Act (CIPA), video privacy acts, ADA accessibility, or digital wiretapping statutes), any user or claimant asserting any legal claim or statutory grievance against Primed Mind USA must complete a mandatory pre-suit notice gate before initiating court or arbitration proceedings. The claimant MUST submit a sworn written notice to support@primedmind.com detailing: (a) exact identity and full legal contact details; (b) the specific URL, audio track, software version, or technical configuration in dispute; (c) detailed technical logs demonstrating actual, non-simulated personal harm; and (d) a mandatory 30-day exclusive cure window for Primed Mind USA to investigate, rectify, or adjust its technical configuration. Failure to satisfy this pre-suit requirement in full shall entitle Primed Mind USA to an immediate dismissal of any lawsuit or arbitration, with all defense attorney fees and court costs shifted entirely to the claimant.
• 4.3 Anti-Fraud & Bona Fide Use Certification: By accessing our App or website, you certify under penalty of perjury under the laws of the United States and State of Utah that your access is solely for genuine personal evaluation, mental performance coaching, or bona fide commercial subscription. Accessing our properties, network endpoints, or audio streams for the purpose of triggering analytic pixels, manufacturing legal claims, harvesting HTTP requests for mass litigation firms, or acting as an undisclosed tester for legal counsel constitutes material fraud, breach of contract, and intentional violation of our systems.

ART. 5 SUBSCRIPTIONS, BILLING & PAYMENT TERMS

• 5.1 Subscription Models: We offer monthly, annual, and lifetime access options (“Subscriptions”). Subscriptions purchased via third-party application platforms (e.g., Apple App Store or Google Play Store) are processed directly by those third-party platform operators and are subject to their respective billing policies and terms.
• 5.2 Automatic Renewal & Free Trials: Monthly and annual subscriptions automatically renew at the end of each billing cycle unless canceled at least 24 hours prior to the renewal date. Free trials convert automatically into paid recurring subscriptions upon trial expiration unless canceled through your app store platform settings beforehand.
• 5.3 Lifetime Subscriptions: “Lifetime” subscriptions refer to a single upfront payment granting access to the audio library for the active commercial lifetime of the Primed Mind mobile application as maintained by us.
• 5.4 No Refunds & Price Adjustments: All fees are non-refundable except where explicitly required by applicable statutory law or app store rules. We reserve the right to modify subscription pricing at any time upon 30 days’ advance notice to active subscribers.

ART. 6 INTELLECTUAL PROPERTY, COPYRIGHTS & DMCA PROTOCOL

• 6.1 Ownership: All visual interfaces, software code, graphic designs, trademarks, brand assets, audio recordings, hypnotherapy scripts, and underlying mental training methodologies remain the exclusive intellectual property of Primed Mind USA or its licensed partners. Unapproved commercial reproduction, public broadcasting, or derivative works are strictly actionable under international law.
• 6.2 Prohibition on AI/LLM Scraping: Express permission is denied for the extraction, scraping, harvesting, or processing of any audio files, transcriptions, or software components for the purpose of training machine learning models, artificial intelligence algorithms, voice synthesis systems, or large language models (LLMs).
• 6.3 DMCA Copyright Takedown Policy: If you believe that any material hosted on our platforms infringes upon your copyrighted work, you may submit a formal DMCA notification to our designated agent at support@primedmind.com including: (a) identification of the copyrighted work; (b) precise location/URL of the infringing material; (c) your contact information; (d) a statement of good-faith belief; and (e) a statement under penalty of perjury that the notification is accurate and authorized.

ART. 7 WARRANTIES & DISCLAIMER OF GUARANTEES

• 7.1 “AS-IS” and “AS-AVAILABLE” Provision: THE APPLICATION, WEBSITE (PRIMEDMIND.COM), AUDIO TRACKS, AND ANCILLARY SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
• 7.2 Comprehensive Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIMED MIND USA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
• 7.3 Network & Continuous Availability: We do not warrant that the Service will operate uninterrupted, error-free, secure, or free from server outages, carrier network failures, force majeure events, or malicious cyberattacks.

ART. 8 ABSOLUTE LIMITATION OF LIABILITY

• 8.1 Exclusion of Consequential & Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMED MIND USA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, OR PSYCHOLOGICAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE.
• 8.2 Aggregate Cap on Liability: UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE FINANCIAL LIABILITY OF PRIMED MIND USA FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PRIMED MIND USA IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

ART. 9 USER INDEMNIFICATION & DEFENSE OBLIGATIONS

You agree to defend, indemnify, and hold harmless Primed Mind USA, its officers, directors, members, employees, contract trainers, mind coaches, licensors, and legal counsel from and against any third-party claims, liabilities, damages, losses, expenses, court costs, and reasonable attorney fees arising out of or in any way connected with: (a) your access to or misuse of the Service; (b) your violation of any term of this Agreement; (c) your infringement of any intellectual property, privacy, or statutory right of any person; or (d) any fraudulent certification or fake claim initiated by you or on your behalf.

ART. 10 PRIVACY INTEGRATION & ANALYTICS DISCLOSURES

Our processing of subscriber data, including our usage of browser cookies, local storage, Consent Management Platforms (CMP), Google Consent Mode v2, Global Privacy Control (GPC) signals, Meta Pixels, and performance analytics tools, is governed by our independent Privacy Policy, available at primedmind.com/privacypolicy. The Privacy Policy is formally incorporated into this Agreement by reference. You acknowledge that technical pixel tracking and anonymous usage monitoring form an essential basis of our service delivery, user authentication, and freemium feature authorization.

ART. 11 GOVERNING LAW, BINDING INDIVIDUAL ARBITRATION & CLASS WAIVER

• 11.1 Governing Law: This Agreement, its interpretation, and all legal disputes arising out of or related to the Service shall be exclusively governed by and construed in accordance with the internal laws of the State of Utah, United States, without regard to choice of law or conflict of law principles.
• 11.2 Mandatory Binding Arbitration: Any legal dispute, claim, controversy, or administrative grievance arising out of, in connection with, or relating to this Agreement, the App, our marketing practices, privacy tracking, or your relationship with Primed Mind USA shall be finally settled and resolved through binding individual arbitration administered by the International Centre for Dispute Resolution (ICDR) or the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
• 11.3 Arbitration Forum & Language: The seat of arbitration shall be Salt Lake City, Utah, USA. Proceedings shall be conducted strictly in the English language by a single neutral arbitrator appointed in accordance with ICDR/AAA rules. The arbitrator’s award shall be final, binding, and enforceable in any court of competent jurisdiction.
• 11.4 CLASS ACTION WAIVER: YOU AND PRIMED MIND USA AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to conduct class arbitration, mass joinder filings, or multi-party actions.

ART. 12 MISCELLANEOUS LEGAL PROVISIONS

• 12.1 Severability: If any provision, clause, or sentence of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, such holding shall not affect the remaining provisions, which shall continue in full legal force and effect.
• 12.2 Entire Agreement: This Agreement, alongside our Privacy Policy, constitutes the complete, final, and exclusive contract between you and Primed Mind USA concerning the Service, superseding all prior oral or written agreements.
• 12.3 No Waiver: Failure by Primed Mind USA to enforce any right or strict performance of any provision of this Agreement shall not constitute a waiver of such right or provision in future enforcement.
• 12.4 Official Legal Inquiries: For formal notice, legal questions, or contract inquiries, please reach out directly to our legal compliance office at support@primedmind.com.

LEGAL NOTICE & FINAL ACKNOWLEDGMENT: BY INSTALLING, STREAMING AUDIO FROM, OR CREATING AN ACCOUNT ON PRIMED MIND APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND YOUR LEGAL OBLIGATIONS, AND UNCONDITIONALLY AGREE TO ALL LITIGATION DETERRENCE, ARBITRATION, AND HEALTH DISCLAIMER CLAUSES SET FORTH HEREIN.