Welcome to Neus. You are now reading the Terms of Service (the “Terms”) that serve as an agreement between you and Mynd Inc. (“Mynd”, “Neus,” “we,” or “us”) for your use of the Mynd network of Websites, including mynd.inc (hereinafter “Web sites” or “Sites”), and through Mynd published mobile applications ( “Apps” ), and our news mining and delivery services, private messaging and other services to users accessible via our App. To make these Terms easier to read, our services, Sites and Apps are collectively called the “Services.”
By installing or using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, please do not use the Services.
We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know by posting the modified Terms on the Apps or through other communications. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who may use the Services. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
Account registration. To create an account you must register for our Services using your phone number. You agree to receive text messages (from us or our third-party providers) with verification codes to register for our Services.
You shall be responsible for the management of your own account, and shall not lend, sell, pledge, or otherwise transfer the account to any third party. When you register for a Neus account, we will need your mobile number and an alias. You can further refine and populate your profile with additional information. If you use certain functions available within Neus (such as posting your profile photo), we will process your information to provide these functions. Your account name, user ID and other identifiers you adopt within Neus remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
Privacy of user data. Neus does not sell, rent or monetize your personal data or content in any way – ever.
Please read our Privacy Policy to understand how we safeguard the information you provide when using our Services. For the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy, as well as the transfer of your encrypted information and metadata to the United States and other countries where we have or use facilities, service providers or partners. Examples would be Third Party Providers sending you a verification code and/or processing your support tickets.
Devices And Software You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.
Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at admin@mynd.inc. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Neus and its licensors exclusively own all right, title and interest in and to the Services and all Content that is not News Content or Advertising Content, including all associated intellectual property rights. All rights to the News Content and Advertising Content are retained by the third-party that is the source of such Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. “Content” means text, graphics, images, music, software, audio, video, content, works of authorship of any kind, and information or other materials that are posted, generated, distributed, disseminated, provided or otherwise made available through the Services. “News Content” means any and all Content provided via the Services that comprises news content. “Advertising Content” means advertising provided via the Services on behalf of third-parties.
These Terms do not authorize you to, and you may not, copy, distribute, transfer, modify, publicly display, publicly perform or create derivative works based upon Content without our or our partners’ permission.
All trademarks, service marks and trade names of Mynd and Neus or its licensors used in the Services (including but not limited to: the Neus name, the Mynd name, the Mynd corporate logo, the App name, the App design, and any logos) are the trademarks or registered trademarks of Mynd or its affiliates, partners, vendors or licensors (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Trademarks in any way, including in advertising or publicity pertaining to distribution of materials in connection with the Services or on the App, without Mynd’s prior written consent.
Our Terms and Policies. You must use our Services according to our Terms and posted policies and all applicable laws and regulations. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Neus, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Keeping Your Account Secure You are responsible for keeping your device and your Neus account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Your Rights. You own the information you submit for your Neus account or through our Services. You must have the rights to the phone number you use to sign up for your Neus account and you must have the necessary rights to the information that you submit for your Neus account or through our Services and the right to grant the rights and licenses in our Terms.
No Access to Emergency Services. Our Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, SMS or other service.
From time to time, certain features or services within Neus may be subject to payment (including for the provision of Neus or provision of certain additional features within Neus). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us for such products or services. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of features and services are subject to change at any time.
If such features or services are subject to automatic, recurring or subscription-based charges, then you agree that (subject to applicable laws and regulations):
We may change any fees that we charge for Neus (or any parts of Neus) at any time upon publication within Neus. If you do not accept such change to the fees, we may be unable to provide Neus (or the relevant part of Neus) to you.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US IN THESE TERMS OR FOR A PARTICULAR ITEM OR SERVICE WITHIN NEUS, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR SERVICE WITHIN NEUS (WHETHER USED OR UNUSED).
If you believe that we have charged you in error, and subject to applicable laws and regulations:
Subject to your compliance with these Terms, Neus grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Neus reserves all rights in and to the App not expressly granted to you under these Terms.
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services or Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Services may contain links to third-party websites, advertising, or resources. We provide these links only as a convenience for you. We do not endorse, verify or vouch for and are not responsible for any view expressed, or the content, products or services on or available from those websites, advertising, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, advertising, or resources.When you use third-party services, their terms and privacy policies govern your use of those services.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: ownership provisions, warranty disclaimers, Indemnification, limitations of liability, dispute resolution, and general terms provisions.If we disable your account for a violation of our Terms, you will not create another account without our permission.
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Neus does not create, prepare or maintain any News Content provided by or available on third-party websites or resources that are accessible via our Services, and we assume no liability or responsibility for any such third-party News Content. Under no circumstances will Neus be liable, directly or indirectly, to any party for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such News Content. Your use of and reliance on such News Content will be at your own risk.
You will indemnify and hold harmless Neus and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with
(i) your access to or use of the Services or Content, or
(ii) your violation of these Terms.
NEITHER NEUS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Neus HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL NEUS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS OF ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEUS AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict-of-laws provisions.
You and Neus agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:
(i) to bring an individual action in small claims court and
(ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause
(iii) An “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Neus ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Neus otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822 .) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Neus otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Neus submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Neus will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Neus will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Neus changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@Neus.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Neus in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Neus and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Neus and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Neus’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Neus may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Neus under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services.
Neus’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Neus. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Neus at: admin@mynd.inc