Terms of Service

1. About us and this Agreement

1.1 The Service is operated by Daniel Sillett, a sole proprietor carrying on business in British Columbia, Canada, under the name mindwhealth ("we", "us", "our").

1.2 You accept these Terms by ticking the declaration at signup and creating an Account. If you do not accept these Terms, you must not use the Service.

1.3 The Agreement between you and us consists of these Terms, the Cancellation & Refund Policy and the Privacy Policy. If they conflict, these Terms prevail, except where the Cancellation & Refund Policy is more favourable to you.

1.4 The Agreement is made in English. We keep a record of the version of these Terms you accepted and when you accepted it.

2. Definitions

In these Terms:

• "Account" means the account you create to use the Service.
• "Content" means everything we make available through the Service, including lessons, exams, quests, daily setups, replays, comics, characters, artwork, text, audio, video and the Tools.
• "Course" means the structured trading-education programme within the Service.
• "Membership" means your paid (or access-code) entitlement to use the Service.
• "Plan" means the Monthly or Annual billing option you choose at signup.
• "Service" means the mindwhealth website, application, Course, Content and Tools.
• "Tools" means the software features of the Service, including the AI mentor, the journal, notebook, goal tools, replay and practice tools, and the trading desk.
• "Your Content" means anything you write, upload or record in the Service, such as journal entries, notes, goals, trade records and messages.

3. Eligibility

3.1 You must be at least 18 years old, or the age of majority where you live if that is higher, and legally able to enter into a binding contract.

3.2 You may only use the Service where it is lawful for you to do so. You are responsible for checking whether local law restricts your use of trading education or your purchase from a supplier in Canada.

3.3 You must not use the Service if you are subject to sanctions under the laws of Canada, the United Nations, the United States, the United Kingdom or the European Union.

3.4 Each Account is for one named individual. Accounts are personal and may not be shared, sold or transferred.

4. Education only — no financial advice

4.1 We are not a broker, exchange, dealer, portfolio manager, investment adviser or signal provider, and we are not registered with the British Columbia Securities Commission, any other Canadian securities regulator, or any financial regulator elsewhere.

4.2 We never hold, manage or have access to your money or your trading accounts, and we never place trades on your behalf.

4.3 The Content, including the AI mentor and any trade shown, is general in nature. It does not take into account your objectives, financial situation or needs, and must not be relied on as if it did.

4.4 Examples, historical charts and past results are provided for teaching. They are not a reliable indicator of future results and are not a promise that any approach will be profitable.

4.5 You should obtain advice from a suitably qualified and licensed professional before making decisions about your own finances.

5. The Service

5.1 A Membership gives you access to:

• the Course, including lessons, exams and quests;
• the AI mentor;
• the daily setup and replay drills, built on historical market data;
• the journal, notebook and goal tools; and
• the trading desk, once you have completed the Course.

5.2 To use the Service you need a compatible device, a supported web browser and an internet connection, at your own cost. We do not guarantee compatibility with every device or browser.

6. Your Account

6.1 You must give accurate information when you register and keep your email address up to date. We use it to contact you about your Account and Membership.

6.2 You must keep your login details confidential and must not share them. You are responsible for all activity on your Account. Tell us immediately if you believe someone else has accessed it.

6.3 You may be required to confirm your email address before you can use the Service.

7. Prices, payment and renewal

7.1 There are two Plans: Monthly, at $19 USD per month, and Annual, at $190 USD per year. Prices are charged in US dollars. If your card is in another currency, your card issuer converts the charge and may add its own fee.

7.2 There is no free trial. The first payment for your chosen Plan is taken when you sign up, and your Membership starts when that payment succeeds.

7.3 Your Membership renews automatically at the end of each monthly or annual period, and the price of your Plan is charged to your card on file, until you cancel under clause 8.

7.4 Before you pay, the signup page shows your Plan, its price, how often it renews and the amount payable that day. We send an email receipt for each payment.

7.5 Where the law of your place of residence requires sales tax on digital services, it may be added to the price, and the amount will be shown before you pay.

7.6 We may change our prices. We will give existing Members at least 30 days' notice by email. A new price applies from your first renewal after the notice period ends, and you may cancel before then.

7.7 Failed payments. If a renewal payment fails, our payment processor will retry the card over the following days, and your access continues while it does. You can update your card at any time in Account & Billing. If the payment has still not succeeded when the retries end, your Membership ends and your access to the Service stops. You may rejoin at any time by starting a new Membership.

7.8 Payments are processed by Stripe. We never see or store your full card number; we hold only the last four digits and the card brand so you can identify the card on file.

8. Cancellation

8.1 You may cancel your Membership at any time from Account & Billing, or by emailing us. Cancellation stops the next renewal. You keep access until the end of the period you have already paid for, and no further payment is taken.

8.2 Cancelling your Membership does not delete your Account or Your Content. Clause 19 explains how to close your Account.

9. Refunds

9.1 You may request a full refund of your first payment, on either Plan, by emailing hello@mindwhealth.com within 7 days of that payment. No reason is required.

9.2 Renewal payments are not refundable once charged, except in the circumstances set out in the Cancellation & Refund Policy, which forms part of these Terms.

9.3 Nothing in these Terms limits any refund or cancellation right you have under the consumer law of the place where you live (see clause 20).

10. Access codes and lifetime access

10.1 We may issue access codes, for example to beta testers. A lifetime-access code gives a full Membership without charge for as long as we operate the Service.

10.2 Access codes are personal to the person they were issued to, have no cash value, and may not be sold or transferred. We may withdraw a code, and the access it gave, if it was obtained or used in breach of these Terms.

11. Intellectual property

11.1 All intellectual property in the Service and the Content, including the lessons, exams, setups, replays, mentor characters and their writing, comics, artwork, software, design, and the mindwhealth name and logo, belongs to us or our licensors.

11.2 While your Membership is active, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the Content for your own learning. No ownership passes to you.

11.3 You must not:

• copy, reproduce, publish, distribute, sell or license any Content, in whole or in part;
• record, screenshot for publication, rebroadcast or stream any lesson, replay or other Content;
• upload Content to any website, social media platform, messaging group or file-sharing service;
• share your login details, or allow anyone else to use your Account;
• scrape, mirror or systematically download the Content, or use automated means to access the Service; or
• use any Content to train or improve an artificial-intelligence model.

11.4 If you breach this clause, we may end your Membership immediately without refund, and we may take legal action to protect our rights.

12. Software and tools licence

12.1 The Tools are licensed, not sold, to you for personal, non-commercial use while your Membership is active.

12.2 You must not copy, modify, reverse engineer, decompile or disassemble the Tools; attempt to bypass any access control or payment gate; sell, lease, sublicense or commercially exploit the Tools; or allow any other person to use them under your licence.

12.3 We may update, improve, replace or withdraw any Tool where reasonably necessary to maintain functionality, security or quality. Clause 16 applies where a change materially reduces what you receive.

12.4 Some Tools depend on third-party services, such as our AI provider, payment processor and market-data sources. We are not responsible for interruptions or errors caused by those third parties.

13. Your Content

13.1 You keep ownership of Your Content. You grant us a licence to store, process and display it to you, and to do what is necessary to run the Service, which includes sending what you write to the AI mentor to our AI provider so that it can generate a reply. We do not use Your Content for any other purpose without your permission. The Privacy Policy explains how we handle personal information.

13.2 You must not upload anything that you do not have the right to share, or anything that is unlawful, defamatory or infringes another person's rights.

14. The AI mentor

14.1 The AI mentor's replies are generated by artificial intelligence. They may be inaccurate, incomplete or expressed with more confidence than is justified. The mentor is a study aid, not an adviser, and clause 4 applies to everything it says. You must not place a trade on the basis of its replies.

15. Acceptable use

15.1 You must not use the Service to:

• break the law, or help anyone else to do so;
• harass, abuse or threaten us or other Members;
• interfere with the operation or security of the Service;
• submit false or deliberately misleading entries, for example to manipulate a streak or score; or
• open multiple Accounts to obtain access codes, discounts or refunds you are not entitled to.

16. Changes to the Service and availability

16.1 We may add, change or remove features as the Service develops. Where we remove a material feature, we will aim to give 30 days' notice.

16.2 If we materially change the Service in a way that removes something we promised you, you may request a pro-rated refund of the unused part of your current period within 30 days of the change.

16.3 We aim to keep the Service available but do not guarantee that it will be uninterrupted or error-free. Routine downtime is not refunded. If an outage prevents access for more than 24 consecutive hours, we will credit affected Accounts without the need for a request.

17. Risk warning

18. Disclaimers and limitation of liability

18.1 We provide the Service with reasonable care and skill, but otherwise on an "as is" and "as available" basis. To the fullest extent permitted by law, we give no warranty that the Service will be uninterrupted, error-free or fit for any particular purpose, and no warranty as to trading outcomes.

18.2 To the fullest extent permitted by law, we are not liable for any trading or investment loss, loss of profit or revenue, or any indirect, incidental, special or consequential loss arising from or in connection with the Service, including losses caused by technical failures, internet outages or third-party services.

18.3 To the fullest extent permitted by law, our total liability to you for all claims arising from or in connection with the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose, and $100 CAD.

18.4 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

19. Suspension, termination and closing your Account

19.1 You may ask us to close your Account and delete Your Content by emailing hello@mindwhealth.com. We will do so within 30 days, and will provide a copy of your data first if you ask. Self-service deletion and export are not yet available.

19.2 We may suspend or terminate your Account if you seriously or repeatedly breach these Terms, if your use of the Service creates a risk to us or others, or if we are required to do so by law. Where reasonable, we will warn you first and explain why.

19.3 If we terminate your Membership other than because of your breach, we will refund the unused part of your current period.

19.4 If we decide to stop operating the Service, we will give Members at least 30 days' notice and refund the unused part of any paid period.

19.5 Clauses 4, 11, 17, 18, 20, 21 and 23 continue to apply after this Agreement ends.

20. Your statutory rights

20.1 Consumer protection laws in many places, including Canadian provinces, the United Kingdom, the European Union, Australia and parts of the United States, give consumers rights that cannot be excluded by contract. Nothing in these Terms excludes, restricts or modifies any such right. Where a provision of these Terms conflicts with such a right, the law of your place of residence prevails to the extent of the conflict, and the remainder of these Terms continues to apply.

20.2 If you are a consumer in the United Kingdom or the European Union, you have a statutory right to cancel a contract for digital content or services within 14 days. By asking us to give you access immediately when you sign up, you acknowledge that this right ends once access to the Service begins, as the law allows. Our seven-day refund under clause 9.1 applies in addition.

21. Governing law and disputes

21.1 If you have a complaint, please email hello@mindwhealth.com first. We will respond within 30 days and try to resolve it informally.

21.2 These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there. The courts of British Columbia have jurisdiction over any dispute, except that if you are a consumer, you may also bring proceedings in the courts, and rely on the mandatory laws, of the place where you live where the law gives you that right.

22. Changes to these Terms

22.1 We may update these Terms. If a change is material, we will notify you by email at least 30 days before it takes effect and display a notice in the Service. If you do not agree to the change, you may cancel before it takes effect. If you continue your Membership after that date, the updated Terms apply. The date at the top of this page identifies the current version.

23. General

23.1 Communications. We will communicate with you by email and within the Service, and you agree to receive these Terms, receipts and notices electronically.

23.2 Entire agreement. The Agreement described in clause 1.3 is the entire agreement between you and us about the Service and replaces any earlier understanding.

23.3 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

23.4 No waiver. A delay or failure by us to enforce any provision is not a waiver of our right to enforce it later.

23.5 Transfer. We may transfer this Agreement to a person or entity that takes over the Service, provided your rights under it are not reduced. You may not transfer this Agreement.

23.6 Events beyond control. Neither party is liable for a failure or delay caused by events beyond its reasonable control, such as natural disasters, war, civil unrest, or the failure of a major internet, hosting or payment provider.

24. Contact

24.1 Questions about these Terms should be sent to hello@mindwhealth.com.