MindfulText Terms of Service

Last Updated: February 28, 2025

Welcome to MindfulText! When you sign up for MindfulText, you’re choosing to place a bit of your mental well-being in our hands. We take that responsibility to heart. These Terms of Service (“Terms”) explain what you can expect from us and what we expect from you. We’ve written them in a friendly, easy-to-understand style. By using MindfulText, you agree to these Terms. If you do not agree, please do not use our service.

1. What You’re Signing Up For

MindfulText Service: MindfulText is a wellness service that sends you daily mindfulness tips, positive affirmations, and motivational content via text message (SMS/MMS) and/or through our app or website (collectively, the “Service”). Our goal is to help brighten your day and support your mental well-being. However, please remember that MindfulText is not a healthcare or medical provider. The Service offers general wellness information not professional medical advice or therapy.

Not Medical or Emergency Care: MindfulText is not intended for crisis situations or medical emergencies. If you are experiencing a crisis or need medical or mental health advice, please contact a qualified health professional or emergency services (for example, call 911) right away. MindfulText’s messages are for personal inspiration and educational purposes only. Always use your own judgment and, if needed, seek advice from a licensed counselor or doctor.

Your Consent to Text Messages: By signing up for MindfulText, you consent to receive text messages from us at the phone number you provide. These messages may be recurring (for example, daily tips). Standard messaging and data rates from your mobile carrier may apply. You can opt out anytime by texting STOP in reply to any MindfulText message or by contacting our support (we’ll be sad to see you go, but we understand!). We’ll explain more about opting out in the Privacy Policy and messages themselves.

2. Eligibility and Account

Who Can Use MindfulText: You must be at least 13 years old to use MindfulText. If you are under the age of 18 (or the age of legal majority where you live), you may only use our Service with the consent and supervision of your parent or legal guardian. By using MindfulText, you confirm that you meet this age requirement and, if under 18, that your parent/guardian has reviewed and agreed to these Terms on your behalf.

Registration and Accurate Information: To use MindfulText, you might provide certain information like your name, mobile phone number, and payment details (if subscribing to a paid plan). You agree that any information you provide is truthful, accurate, and up-to-date. If you create an account on our website or app, you’re responsible for keeping your login credentials (such as passwords) confidential and secure. Please let us know right away if you suspect any unauthorized use of your account or a security breach. You are responsible for all activities that occur under your account or from your phone number, so please protect your information.

Account Responsibility: Only use MindfulText for yourself, or for someone you are legally authorized to assist (for example, your minor child with your supervision). Do not sign up anyone else for our Service without their permission. If you provide us with someone else’s phone number or information (for instance, referring a friend), you must have their consent to do so. You agree not to impersonate anyone or misrepresent your identity. We care about user privacy and compliance, so any unauthorized use may lead to termination of your access (see Section 9 on Termination).

3. Subscriptions, Fees, and Cancellation

Paid Subscriptions: MindfulText may offer both free and paid subscription plans. If you choose a paid plan, you will be charged the subscription fees as displayed at the time of signup (for example, a monthly or annual fee). Payment for the Service is typically collected in advance on a recurring basis (e.g., charged monthly or yearly, depending on your plan). By providing a payment method (such as a credit card), you authorize us to charge that method for the applicable fees and any taxes on a recurring basis until you cancel.

Free Trials and Promotions: We might offer a free trial or introductory offer for new users. If we do, we’ll clearly explain the terms of that offer. Unless otherwise stated, after a free trial ends, you will be rolled into a paid subscription and charged, unless you cancel before the trial period ends. We’ll remind you of this when you sign up for the trial so there are no surprises.

Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle (monthly, annually, or as stated) unless you cancel beforehand. For example, if you have a monthly plan, it will renew each month on the same date. We will continue to bill your payment method for the renewal period’s fee until you cancel. We want this to be hassle-free: you can turn off auto-renewal or cancel at any time (see below).

How to Cancel: You can cancel your MindfulText subscription at any time. The easiest way is through your account settings on our website/app or by contacting our customer support at support@mindfultext.com. You can also reply “STOP” to our text messages to cancel the texting service (this will unsubscribe you from further messages and we will treat it as a cancellation of service).

• If you cancel a monthly subscription, you will continue to have access to MindfulText until the end of your current paid month, and your subscription will not renew for the next month.
• If you cancel an annual subscription, you will continue to receive messages until the end of that year term, and it will not renew for the next year.

Refunds: In general, payments are non-refundable, and there are no prorated refunds for unused time in your subscription period. For example, if you cancel in the middle of a month, you’ll still have access for the rest of that month, but we won’t refund the partial month not used. We believe you’ll love MindfulText, but if you’re ever unsatisfied or feel there are extenuating circumstances, please reach out to our support — we’ll review requests case by case and do our best to help.

Payment Issues: If we cannot charge your chosen payment method (e.g., your credit card expires or a charge is declined), we’ll try to notify you. We may suspend your access to the Service until payment is successfully processed. It’s your responsibility to keep your billing information current and correct. MindfulText is not responsible for fees or penalties imposed by your bank (like overdraft fees) if your payment method results in such charges.

4. Using MindfulText – User Commitments

We want MindfulText to be a positive and safe experience for everyone. By using our Service, you agree to:

• Use MindfulText for lawful, personal, and non-commercial purposes only. Don’t use our Service to do anything illegal or to violate any laws or regulations applicable to you.
• Respect our content and platform. You will not attempt to copy, distribute, modify, or create derivative works from our messages or any part of our Service without our permission. This means you shouldn’t scrape our content, forward our daily messages for commercial gain, or publish our proprietary content elsewhere as if it were your own. (Sharing an inspiring quote with a friend is fine; wholesale copying our content to start your own service is not!)
• Do not interfere with our technology. You agree not to introduce any malware, viruses, or harmful code into our website, app, or texting service. Also, do not attempt to hack, overload, or disrupt our systems. Basically, please don’t try to break MindfulText or use it in a way that could harm our Service or other users’ access to it.
• Provide truthful information. As mentioned, you promise that the information you provide us (like your phone number, email, and payment info) is yours and is accurate. Don’t use fake identities or use someone else’s personal information without permission.
• Follow texting guidelines. If you communicate with us or use any interactive features we might offer, be respectful. Don’t send us unlawful, offensive, or abusive messages. For example, if replying to a MindfulText message or contacting support, refrain from harassment, hate speech, or anything that violates others’ rights. We’re a positive community – let’s keep it that way!
• No unauthorized access: You will not access or attempt to access the Service by any means other than our intended interface (for instance, don’t use bots or automated scripts to mass-create accounts or scrape content). And if we’ve terminated or suspended your access in the past for violations, you agree not to create a new account without our permission.

If you violate any of these rules or any other provision of these Terms, we reserve the right to suspend or terminate your access to MindfulText (see Section 9 on Termination). Serious violations (like illegal activities) may also be reported to law enforcement or other appropriate authorities.

5. Intellectual Property and Content

Our Content: MindfulText’s content – including the daily text messages we send, any articles, images, graphics, software, and the MindfulText brand and logo – is protected by intellectual property laws. Unless otherwise noted, all content provided through the Service is owned by MindfulText (or licensed to us by our content partners). We grant you a limited, revocable, non-exclusive, non-transferable license to use our Service and view our content for your personal, non-commercial use only. This means you can read and enjoy our messages yourself, but you don’t own them and you can’t reuse them for other purposes without permission.

Don’t misuse our IP: You agree not to copy, reproduce, distribute, publicly display, or create derivative works from our content without explicit written permission from MindfulText. Also, you may not use our name, logos, or trademarks (like “MindfulText”) without our consent, especially not in a way that confuses others or implies our endorsement of something unrelated to us.

User Content and Feedback: Generally, MindfulText is a one-way service (we send you messages). If at any point we allow you to submit content (for example, if we have a community forum, allow replies, or you send us testimonials or feedback), you retain ownership of your content. For any content or feedback you do share with us, you give MindfulText a license to use it. Specifically, you grant MindfulText a worldwide, royalty-free, sublicensable, perpetual license to use, reproduce, modify, publish, and display your submitted content or feedback for the purpose of providing and improving our services and for marketing (for example, we might share a positive testimonial you gave us). We will never publicly attribute your feedback to you without permission – for instance, if you send us a personal story or a compliment that we’d like to share on our website, we’ll either ask first or anonymize it.

Third-Party Content and Links: MindfulText might occasionally include links or references to third-party websites or resources (for example, a link to a meditation article or a helpline, etc.). These are provided for convenience or additional information. We don’t have control over third-party sites and we don’t endorse or assume responsibility for their content or practices. If you click a third-party link, you do so at your own risk. Be sure to review any third-party’s terms and privacy policies as they will apply to your use of those sites or services, not ours.

6. Privacy and Data Protection

Your privacy is very important to us. By using MindfulText, you agree that we can collect and use certain information about you as described in our Privacy Policy (see the Privacy Policy section below, or on our website). We promise to handle your personal information responsibly and only for the purposes of operating and improving the Service, or as otherwise described in our Privacy Policy.

Key Privacy Highlights:

• We primarily use your information (like your phone number and any preferences you provide) to send you messages and manage your subscription.
• We do not sell your personal data to third parties.
• We implement security measures to protect your data, though no system is perfect (more on that in the Privacy Policy).
• For details on what information we collect, how we use it, and how you can manage or delete your data, please read the Privacy Policy section carefully. By using the Service, you acknowledge that you’ve been informed about our data practices.

If you have questions about your privacy or data, you can always contact us at system (at) mindfultext (dot) com.

7. Important Disclaimers

We want to be as transparent as possible about what MindfulText is and isn’t. Here are some important disclaimers about our Service, stated in a straightforward (and we hope, reassuring) way:

• Not Medical or Professional Advice: MindfulText provides wellness tips and motivational content for general well-being. It is not medical, psychological, or other professional advice. We are not licensed therapists, doctors, or counselors, and the information we send can’t diagnose, treat, or cure any condition. If you’re seeking medical advice, diagnosis, or treatment, please consult a qualified healthcare professional. Likewise, if you’re facing serious mental health challenges, consider reaching out to a therapist or counselor. Our content should be viewed as friendly suggestions or encouragement — not a substitute for personalized professional guidance.
• No Doctor-Patient Relationship: Using MindfulText does not create any doctor-patient or therapist-client relationship between you and MindfulText. We’re a support tool, not a healthcare provider. You remain solely responsible for how you apply the tips or information we provide to your own life.
• Emergency Situations: MindfulText is not suitable for emergency use. We do not monitor messages 24/7 and we cannot contact emergency services for you. If you are in crisis or considering harming yourself or others, do not wait for a text from MindfulText — seek immediate help by calling emergency services or a crisis hotline. (For example, in the US you can call or text 988 for the Suicide & Crisis Lifeline.)
• “As-Is” Service: We strive to provide the best experience, but MindfulText is provided “as is” and “as available.” This means we do not guarantee that the Service will be uninterrupted, error-free, or meet all of your expectations. For instance, there may be times when text messages are delayed or fail due to cell network issues, or times when our app/website is down for maintenance. We’ll do our best to keep things running smoothly and to let you know about any major outages or changes.
• No Guarantees of Outcomes: We hope our daily messages help you feel better, but we can’t promise any specific results. Everyone’s journey is different. Any testimonials or examples we share (like “MindfulText helped me reduce stress in 2 weeks!”) are individual experiences, not guarantees that you’ll have the same outcome. Please approach our content with an open mind and use it in the way that best fits you.
• Third-Party Services: If we integrate any third-party services (like sending texts via your mobile carrier, or if we use an email service for newsletters), understand that those services are not under our control. For example, we rely on telephone carriers to deliver SMS messages; if they experience issues, it can affect MindfulText. We aren’t responsible for the acts or omissions of third parties, but we’ll work to resolve any issues within our control.
• Compatibility and Access: You are responsible for having a compatible device and internet/mobile connection to use MindfulText. (For example, a mobile phone capable of receiving texts, or a device to use our app if we have one.) We can’t be liable if the Service doesn’t function on a jailbroken phone, an outdated operating system, or if your carrier blocks or fails to deliver messages. Please ensure your device settings and carrier plan allow for SMS/MMS reception.

In summary: We want to help and inspire you, but we’re not making medical promises. And while we’ll put in every effort to deliver quality service, there are some things we can’t control or guarantee. We appreciate your understanding of these limitations.

8. Limitation of Liability

We need to state our liability (or the limits of it) in legal terms, but we’ll keep it as clear as possible. In plain language: we will do our best to keep MindfulText helpful and safe, but if something goes wrong, our liability is limited.

• Indirect Damages: To the fullest extent permitted by law, MindfulText (and its parent company, affiliates, employees, and partners) will not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes things like lost profits, lost data, or emotional distress that might result from your use of (or inability to use) our Service, even if we’ve been advised of the possibility of such damages. For example, if you miss an important meeting because a MindfulText message distracted you (we hope you wouldn’t let that happen!), or if reading a text triggers an unexpected emotional response, we are not liable for those outcomes.
• Direct Damages Cap: To the extent allowed by law, if MindfulText is found responsible for any claims arising out of these Terms or the Service, our liability will be limited to the amount you paid us in the past 12 months (if anything) for the Service in question, or a reasonable sum if no fees were paid. If you use a free version of MindfulText, our liability is capped at a nominal amount (for example, $50 USD). We know this sounds formal, but it’s standard for services like ours and helps keep our risk manageable so we can continue operating.
• Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. That means that in those places, some of the above limitations might not apply to you. In such cases, MindfulText’s liability will be limited to the greatest extent allowed by applicable law. Nothing in these Terms is meant to limit liability for gross negligence, intentional misconduct, or other types of liability that cannot be limited by law.

Remember, you use MindfulText at your own discretion and risk. We’re here to support you, but we can’t assume responsibility for events outside of our control or risks inherent in using any mobile/text-based service.

9. Termination of Service

We certainly hope to have you as a long-term member of the MindfulText community. But both you and MindfulText should have the freedom to end the relationship if needed.

Your Right to Stop: You can stop using MindfulText at any time. If you no longer wish to receive our messages, you can cancel your subscription or text “STOP” as described above in Section 3. There’s no penalty for deciding MindfulText isn’t for you (beyond us being a bit bummed). Keep in mind that if you later decide to come back, you might need to sign up again and these Terms (or the ones in effect at that time) will apply anew.

Our Right to Terminate or Suspend: MindfulText may suspend or terminate your access to the Service for any of the following reasons:

• If you violate these Terms. For example, if you misuse the service, don’t pay the fees when due, or engage in behavior that we believe is unlawful or harmful to others or to MindfulText.
• If required by law or regulation. (E.g., if a law changes such that we can’t legally provide you the Service, or we’re required to block certain users.)
• For inactivity. If you are on a free tier and haven’t used the Service for a very long time, we might deactivate your account to free up resources (we would likely warn you first).
• If we discontinue the Service. While it’s not in our current plans, MindfulText reserves the right to shut down or discontinue the Service (in whole or in part) at any time. If we do so, we will provide notice to you (for example, via a text or email) and, if you are on a paid plan, we may provide a pro-rated refund for any period of your subscription that you already paid for but will not be able to use because of our discontinuation.

If we terminate your account or access due to your breach of the Terms or improper use, we are not obligated to refund you any fees you’ve paid. If we terminate or suspend for other reasons (like discontinuing the service entirely), we’ll aim to be fair and let you know what your options are (including any refunds, if applicable).

After Termination: Upon termination, whether by you or us, your right to access the MindfulText Service will stop. You will no longer receive MindfulText messages, and we may delete or deactivate your account. Important: Even after termination, certain sections of these Terms will remain in effect because their context implies they should survive. This includes sections like Intellectual Property (Section 5), Disclaimers (Section 7), Limitation of Liability (Section 8), and any other clauses that by their nature should survive termination (such as governing law, disputes, and indemnification). Termination does not relieve you of any obligations or liability you incurred prior to termination (for example, if you owed fees or violated the Terms and caused damages, you’d still be responsible even after the account is closed).

10. Indemnification (Covering Your Actions)

While it’s a big word, “indemnification” basically means if you do something that causes MindfulText harm or causes a legal claim against us, you agree to step in and make it right, including covering any costs.

By agreeing to these Terms, you agree that if you violate the Terms or misuse MindfulText, and that causes us damage or we face a legal claim because of something you did, you will compensate (reimburse) MindfulText for the harm or costs. This could include any losses, liabilities, actual damages, expenses, or legal fees that result from your actions or misuse.

For example, if you were to use MindfulText to send content that infringes someone’s copyright (just a hypothetical, since generally only we send content) or if you hack the system and that causes damage, and someone sues us or we incur costs, you agree to cover those costs and any legal fees. We’ll notify you of any such claim and cooperate reasonably with you, but we’ll also have the right to handle our defense as we see fit.

We hope this never comes up – in our experience, users rarely cause legal trouble. This clause is just here to protect MindfulText in the unlikely event your actions put us in legal jeopardy.

11. Changes to These Terms

Updates to Terms: Just as our content may evolve, these Terms might need updates over time (for example, to address new features, new laws, or changes in business practices). MindfulText reserves the right to modify these Terms at any time. If we make material changes (changes that significantly affect your rights or obligations), we will do our best to notify you. We might send an email, text message, or in-app notification to let you know the Terms have changed. The “Last Updated” date at the top will always reflect the most recent revision.

Your Continued Use = Acceptance: Changes to the Terms will become effective on the date they are posted (unless we say otherwise). Once any updated Terms are in effect, if you continue to use MindfulText, that means you accept and agree to the new Terms. If you do not agree to a change, you should stop using the Service and, if applicable, cancel your subscription.

We encourage you to review these Terms periodically to stay informed about any updates. We’ll try not to make them too dry or complicated – we want you to actually read them!

12. Miscellaneous (Other Important Details)

Governing Law: MindfulText is based in [Your Company’s Location, e.g., California, USA], so, to the extent permitted by law, these Terms and any disputes arising from your use of the Service will be governed by the laws of [Your State/Country] without regard to its conflict of law principles. If any claims or disputes do end up in court (after efforts to resolve amicably), they will be brought in the state or federal courts located in [County/State jurisdiction]. We choose this locale for consistency, and by using MindfulText, you consent to this jurisdiction. (If you’re in a different country, this does not override any protections you have under mandatory local laws, it just means we aren’t voluntarily subjecting ourselves to every jurisdiction’s law.)

No Class Actions: To the extent allowed by applicable law, you and MindfulText each agree that any dispute resolution will be conducted on an individual basis only, and not in a class, consolidated, or representative action. In other words, you can’t group claims with other users or bring a claim as a class member or representative. (This is just to keep things straightforward and fair for both parties.)

Entire Agreement: These Terms (together with our Privacy Policy and any additional terms you agree to when using specific features) make up the entire agreement between you and MindfulText regarding the Service. They supersede any prior agreements or communications (whether written or spoken) about the same subject matter. This means that if you’ve chatted with our support or read something on our site that isn’t reflected in these Terms, you should rely on what’s in this document (or official additional terms), as this is the binding agreement.

Severability: If any part of these Terms is found to be invalid or unenforceable by a court or regulator, that part will be removed or interpreted in a way that closely matches the original intent, and the rest of the Terms will remain valid and enforceable. (Think of it like: if one clause breaks, the rest of the contract still holds together.)

No Waiver: If we don’t enforce a part of these Terms at any given time, it doesn’t mean we are giving up our right to enforce it later. For example, if you breach the Terms and we don’t immediately take action, we still have the right to do so in the future or in another situation. Consistency is key, but flexibility is sometimes granted – it’s not a permanent waiver of our rights.

Assignment: You may not transfer or assign your rights or obligations under these Terms to someone else without our written consent. MindfulText, however, may assign these Terms to another company or entity as part of a reorganization, merger, acquisition, or other transfer of our business, as long as your rights are not negatively affected. These Terms will bind and benefit any successors or assigns.

Headings and Tone: The headings (like “What You’re Signing Up For” or “Important Disclaimers”) we use in these Terms are just there to make this document easier to read. They have no legal effect by themselves. Also, the friendly tone we’ve used to explain things is for clarity – the intentions are still legally binding even if we phrased them in everyday language.

Contact Information: We are always here to help and answer any questions about these Terms or MindfulText. If you have questions or concerns, or if you need to reach us for any reason, you can contact us at:

• Email: system (at) mindfultext (dot) com
• Mail: MindfulText, 1221 Zinfandel Dr., Roseville, CA, 95747.

We sincerely hope MindfulText brings a bit more calm and positivity to your day. Thank you for reading our Terms of Service! Now, onto the legalities of privacy, so you know how we protect your personal information.