1. Agreement to Terms
These Terms of Service (“Terms”) are a binding agreement between you (“you” or “User”) and Wholeheartedarts (“we,” “us,” or “our”), operated by Agata Scibich, regarding your use of Dream Builder, accessible at https://mindsteady.org (the “App”). By creating an account or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
2. Description of Service
Dream Builder is a software application made available for individual users' personal, non-commercial use. We do not provide any other goods, services, or consulting beyond access to the App and its features as described within it.
3. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and use the App. By using the App, you represent that you meet this requirement.
4. Account Registration
To use the App, you may need to create an account, including by signing in with a third-party service such as Google. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to keep it up to date.
5. Free Trial
We offer a free trial period of 14 days from the date you first create an account or activate the trial. During the trial, you will have access to the App's features as described at signup. No payment is required during the trial period.
6. Subscription and Billing
At the end of the 14-day free trial, your account will automatically convert to a paid subscription, billed at the rate and on the billing cycle (monthly or yearly) you selected at signup, unless you cancel before the trial ends.
- Billing date: Your subscription will be charged on the same calendar day each month (for monthly plans) or each year (for yearly plans) as the day your trial or paid subscription originally began.
- Automatic renewal: Your subscription will automatically renew at the end of each billing period at the then-current price, unless you cancel before the renewal date.
- Price changes: We may change subscription pricing from time to time. We will provide reasonable advance notice of any price increase before it applies to your next billing cycle.
- Payment method: You authorize us (or our third-party payment processor) to charge your chosen payment method on each billing date. You are responsible for keeping your payment information current.
- Failed payments: If a payment fails, we may suspend or terminate your access to paid features until payment is successfully made.
7. Cancellation
You may cancel your subscription at any time through your account settings or by contacting us at agatamaykowska@wholeheartedarts.com. If you cancel during the free trial, you will not be charged. If you cancel after a paid billing period has started, your access will continue until the end of that billing period, but no partial refunds will be issued for the unused portion unless required by law.
8. Refunds
Except as required by applicable law, all subscription payments are non-refundable once charged, including in cases of partial use of a billing period.
9. Acceptable Use
You agree to use the App only for its intended, personal purpose and agree not to:
- Use the App for any unlawful purpose or in violation of these Terms.
- Attempt to gain unauthorized access to the App, other accounts, or our systems.
- Interfere with or disrupt the App's functionality or security.
- Reverse-engineer, copy, resell, or redistribute the App or its content without our permission.
- Use the App to harm, harass, or violate the rights of others.
10. User Content
Any content you create, upload, or store within the App remains yours. You grant us a limited license to store, process, and display that content solely as necessary to operate and provide the App to you. We do not claim ownership of your content.
11. Intellectual Property
The App, including its design, features, branding, and underlying code, is owned by Wholeheartedarts and protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the App as intended.
12. Third-Party Services
The App may allow you to sign in or interact with third-party services, such as Google. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their practices.
13. Disclaimer of Warranties
The App is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the App will be uninterrupted, error-free, or secure at all times.
14. Limitation of Liability
To the maximum extent permitted by law, Wholeheartedarts and Agata Scibich shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising out of or related to your use of the App, even if advised of the possibility of such damages. Our total liability for any claim arising from these Terms or the App shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
15. Termination
We may suspend or terminate your access to the App at our discretion, including for violation of these Terms, non-payment, or extended inactivity. You may stop using the App and cancel your subscription at any time.
16. Changes to These Terms
We may revise these Terms from time to time. We will post the updated Terms with a new “Last updated” date. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.
17. Governing Law
These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey.
18. Contact Us
Questions about these Terms? Contact us at agatamaykowska@wholeheartedarts.com.