1. About these Terms
IMPORTANT - PLEASE READ SECTION 19 CAREFULLY. IF YOU ARE A RESIDENT OF THE UNITED STATES, SECTION 19 REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS.
These Terms of Service (“Terms”) govern your access to and use of the MindBack iOS application, the mindbackapp.com website, and all related services, accounts, and features (together, “MindBack” or the “Service”).
MindBack is operated by QuantumPivot Limited, a company registered in England and Wales (“we”, “us”, “our”). You can reach us at support@mindbackapp.com.
By creating an account, downloading the app, or otherwise using MindBack, you agree to these Terms and our Privacy Policy. Together these form a binding agreement between you and us. If you do not agree, do not use MindBack.
2. Eligibility and age
MindBack is intended for users aged 13 and over. By using MindBack you confirm that you are at least 13 years old and that you have the legal capacity to enter into these Terms.
Some countries set a higher minimum “digital consent” age (up to 16 in parts of the EU). If you are below the digital consent age in your country, you may use MindBack only with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf. If you are under the age of majority where you live, please review these Terms with a parent or guardian.
3. The Service
MindBack helps you reduce screen time by blocking distracting apps during focus sessions, tracking your focus activity, and rewarding consistent use with streaks, XP, and achievements. App blocking relies on Apple’s Family Controls, DeviceActivity, and ManagedSettings frameworks and requires you to grant the relevant iOS permission.
MindBack is a productivity tool. It is not a medical, psychological, or clinical service, and it does not diagnose, treat, cure, or prevent any condition. You should not rely on MindBack as a substitute for professional advice. We do not guarantee any particular outcome, such as a specific reduction in screen time.
4. Your account
Some features require an account. When you create one, you agree to provide accurate information and to keep it up to date. You are responsible for keeping your sign-in credentials confidential and for all activity that occurs under your account. Tell us promptly, at support@mindbackapp.com, if you believe your account has been compromised. You may not share, sell, or transfer your account, or use anyone else’s account without permission.
5. The app licence
5.1 Licence grant
Your right to install and use the MindBack app is a licence, not a sale. Subject to your continued compliance with these Terms, QuantumPivot Limited grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the app for your own personal, non-commercial purposes.
The licence is limited to use on:
- an Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions and the App Store usage rules in force when you accept these Terms (the “Usage Rules”); and
- any other Apple-branded devices on which the app may be accessed by accounts associated with you via Apple Family Sharing, where enabled.
The app is licensed, not sold, to you. You acquire no ownership interest in it, and all rights not expressly granted to you are reserved by QuantumPivot Limited and its licensors. The app and the rights in it are protected by intellectual property law - see section 11.
5.2 Licence restrictions
Except to the extent applicable law prohibits the restriction, or we tell you otherwise in writing, you must not:
- copy the app, except as part of normal use or where necessary for back-up or operational security;
- rent, lease, sub-license, lend, sell, distribute, or otherwise make the app available to any third party;
- modify, adapt, translate, or create derivative works of the app;
- reverse engineer, decompile, or disassemble the app, or attempt to derive its source code, except to the limited extent applicable law expressly permits this despite this restriction (including, in the UK and EU, for permitted interoperability purposes) and only after you have asked us for the information needed and we have not provided it within a reasonable time;
- remove, obscure, or alter any proprietary notices, labels, or marks on or in the app; or
- circumvent, disable, or interfere with any security, licensing, or technical limitation features of the app.
The acceptable-use rules in section 9 apply to your use of the app as well as to the rest of the Service.
5.3 Updates
We may provide updates, upgrades, bug fixes, or new versions of the app from time to time. Depending on your device settings, the app may update automatically. Some updates may be required for the app to keep working, and we may stop supporting older versions.
6. Subscriptions, billing, and renewals
MindBack is free to download. A MindBack Pro subscription unlocks additional features and is sold as an in-app purchase processed by Apple through your Apple Account. Pro is offered on weekly, monthly, and yearly plans. The current price, billing period, and any applicable taxes for each plan are shown in the app and on the App Store at the point of purchase, in your local currency, before you confirm. Prices may differ by region.
MindBack Pro is an auto-renewing subscription. Unless you cancel, your subscription automatically renews at the end of each billing period at the then-current price for that plan, and your Apple Account is charged within 24 hours before the end of the current period. The renewal continues for successive periods of the same length until cancelled.
How to cancel. You can view, manage, or cancel your subscription at any time in iOS Settings → your Apple Account → Subscriptions. Because billing is handled by Apple, you can cancel there directly, in a few taps, at any time and without contacting us. To avoid being charged for the next period, cancel at least 24 hours before the current period ends. Cancelling stops future renewals; you keep Pro access until the end of the period you have already paid for.
Payments, renewals, and refunds are handled by Apple in accordance with the Apple Media Services Terms and Conditions. We do not process your payment and generally cannot issue refunds ourselves. To request a refund, use Apple’s process at reportaproblem.apple.com. This does not affect any statutory refund right you may have (see sections 7 and 8).
Free trials and introductory offers. Where we offer a free trial or introductory price, its terms - including the price you will be charged when it ends and the renewal interval - are shown to you by Apple at the point of purchase, before you confirm. Unless you cancel before the trial or introductory period ends, the subscription automatically converts to a paid renewing subscription at the standard price for that plan. Any unused portion of a free trial is forfeited when you buy a subscription.
Price changes. We may change subscription prices. Where a change affects your renewing subscription, you will be notified in advance and, where required by Apple’s rules or applicable law, asked to consent before the new price takes effect; if you do not consent, your subscription will not renew at the new price.
7. Right of withdrawal (UK and EU consumers)
If you are a consumer in the UK or EU, you normally have a right to cancel a distance contract for digital content within 14 days without giving a reason.
Before payment is taken for a MindBack Pro subscription, you will be asked to expressly consent, by a clear affirmative action at the point of purchase, to the Pro features being supplied to you immediately, and to acknowledge that you will lose your 14-day right of withdrawal once that supply begins. We will confirm that consent and acknowledgement to you on a durable medium (such as an email or in-app receipt).
If you give that consent, your right to withdraw ends once supply of the Pro features begins. If you do not give that consent, your 14-day right of withdrawal continues to apply. To exercise it within the 14-day period you do not need to give a reason - contact us at support@mindbackapp.com or use Apple’s refund process at reportaproblem.apple.com. Statutory rights in respect of faulty or misdescribed content are not affected by any of this - see section 8.
8. Your consumer rights
Nothing in these Terms or the Privacy Policy excludes or limits your rights as a consumer that cannot lawfully be excluded or limited.
- UK consumers: the Consumer Rights Act 2015 gives you statutory rights, including that digital content must be of satisfactory quality, fit for purpose, and as described. If it is not, you may be entitled to a repair, replacement, price reduction, or refund.
- EU consumers: your national law implementing Directive (EU) 2019/770 (digital content and services) and Directive 2011/83/EU (consumer rights) gives you equivalent rights and remedies for content that is not in conformity with the contract.
- US consumers: you may have rights under the consumer-protection law of your state that these Terms do not affect.
If something is wrong with MindBack, contact us first at support@mindbackapp.com - we want to put it right.
9. Acceptable use
You agree not to, and not to attempt to or allow anyone else to:
- use MindBack to break any law, or to infringe anyone’s rights;
- reverse engineer, decompile, disassemble, modify, or create derivative works of any part of the Service, except to the limited extent applicable law expressly permits this despite this restriction (including, in the UK and EU, for permitted interoperability purposes) and only after you have asked us for the information needed and we have not provided it within a reasonable time;
- access, tamper with, or use non-public areas of the Service, our systems, or our providers’ systems without authorisation;
- probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure;
- interfere with or disrupt the Service, or impose an unreasonable load on our infrastructure (including by automated means, bots, or scrapers not authorised by us);
- upload or transmit malware, or use the Service to harass, abuse, impersonate, or harm another person;
- use the Service to build a competing product, or for benchmarking or competitive analysis; or
- resell, sublicense, or commercially exploit the Service or any part of it without our prior written consent.
10. Your content and social features
MindBack lets you create limited content - for example a username, display name, bio, and avatar - and connect with friends. You retain ownership of the content you create (“Your Content”).
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display Your Content solely to operate, provide, secure, and improve the Service. This licence ends when Your Content is deleted, except for copies retained in routine backups for a limited period or as required by law.
You are responsible for Your Content and confirm you have the right to provide it. You must not post content that is unlawful, infringing, deceptive, hateful, harassing, obscene, or otherwise objectionable. We may, but are not obliged to, review, refuse, or remove any content, and we may suspend social features or accounts that breach these Terms.
11. Intellectual property
MindBack, and all intellectual property rights in the Service - including software, design, user interface, the “MindBack” name and logo, text, graphics, and other content (other than Your Content) - are owned by QuantumPivot Limited and its licensors and are protected by copyright, trade mark, and other laws. Except for the limited rights expressly granted in these Terms, you receive no rights in the Service. You may not use our name, logos, or branding without our prior written permission. Feedback or suggestions you give us may be used by us without restriction or obligation to you.
12. Apple and third-party services
MindBack relies on third-party services, including our hosting and authentication providers, and may link to third-party websites or resources we do not control or endorse. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them.
The MindBack app is made available through the Apple App Store. The following acknowledgements relate to your app licence (section 5) and are required by Apple:
- Apple is not a party. These Terms are between you and QuantumPivot Limited only, and not with Apple Inc. (“Apple”). QuantumPivot Limited, not Apple, is solely responsible for the app and its content. To the extent these Terms conflict with the Usage Rules, the Usage Rules prevail.
- Maintenance and support. QuantumPivot Limited is solely responsible for any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services for it.
- Warranty. QuantumPivot Limited is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims arising from a failure to conform to a warranty are QuantumPivot Limited’s responsibility.
- Product and IP claims. QuantumPivot Limited, not Apple, is responsible for addressing any claim by you or a third party relating to the app or your use of it - including product liability claims, a claim that the app fails to meet a legal or regulatory requirement, claims under consumer-protection or privacy law, and any claim that the app infringes a third party’s intellectual property rights.
- Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of the app-licence terms in these Terms, and on your acceptance of these Terms Apple has the right to enforce them against you as a third-party beneficiary.
- U.S. Government end users. The app and related documentation are “Commercial Items” as defined at 48 C.F.R. §2.101; use by U.S. Government end users is governed solely by these Terms, consistent with 48 C.F.R. §12.212 and §227.7202.
- Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export-control and sanctions laws.
You must also comply with any applicable third-party terms when using the app - for example, the terms of your wireless data plan and the Apple Media Services Terms and Conditions.
13. Beta and roadmap features
We may offer pre-release, beta, or experimental features, and we publish a roadmap of features we are considering. These are provided “as is”, may change or be withdrawn at any time, and carry no commitment that any feature will be released or released on any particular timescale. The roadmap is not a promise.
14. Availability and changes to the Service
We work to keep MindBack available and reliable, but we do not guarantee that it will be uninterrupted, error-free, or always available. We may modify, suspend, or discontinue the Service or any feature, in whole or in part, at any time. Where a change materially reduces the core functionality of a paid subscription, and you are a consumer, you may have a right to end the subscription and receive a refund for the unused portion in accordance with applicable law.
15. Disclaimers
To the fullest extent permitted by applicable law, MindBack is provided “as is” and “as available”, and we disclaim all warranties, conditions, and representations of any kind, whether express or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.
We do not warrant that MindBack will meet your requirements, that app-blocking will be effective in every case, that focus or screen-time data will be accurate, or that defects will be corrected. App-blocking behaviour depends on Apple’s frameworks and your device settings, which are outside our control.
If you are a consumer, this section applies only to the extent permitted by law and does not affect the statutory rights described in section 8.
16. Limitation of liability
Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded under applicable law.
Subject to the paragraph above, and to the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, special, exemplary, or consequential loss, or for any loss of profits, revenue, business, goodwill, anticipated savings, or data. Some jurisdictions, including some U.S. states, do not allow the exclusion or limitation of incidental or consequential damages, so part or all of this exclusion may not apply to you.
If you are a consumer in the UK or EU: we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, but we are not responsible for loss or damage that is not foreseeable. We do not exclude or limit any liability that the consumer-protection law of your country of residence does not allow to be excluded or limited, and we do not apply a monetary cap to that liability. MindBack is supplied for personal, domestic use; if you use it for any commercial purpose we have no liability to you for loss of profit, loss of business, business interruption, or loss of business opportunity.
In all other cases - including business users, and consumers outside the UK and EU - our total aggregate liability arising out of or in connection with these Terms and your use of MindBack, whether in contract, tort (including negligence), or otherwise, is limited, to the fullest extent permitted by applicable law, to the greater of (a) the total amount you paid us or Apple for MindBack in the twelve (12) months before the event giving rise to the claim, and (b) one hundred U.S. dollars (USD 100), or its equivalent in your local currency.
17. Indemnity
To the extent permitted by applicable law, you agree to indemnify and hold harmless QuantumPivot Limited and its officers, employees, and agents from claims, damages, losses, and reasonable costs (including legal fees) arising out of: (a) your use of MindBack for any business or commercial purpose; (b) your breach of these Terms or applicable law; or (c) Your Content. This section does not require you to compensate us for losses to the extent they were not caused by your acts or omissions, and if you are a consumer using MindBack for personal purposes, it applies only to the extent permitted by the consumer law of your country and never beyond loss caused by your own fault.
18. Suspension and termination
You may stop using MindBack at any time and can delete your account from within the app (Settings → Delete Account). Deleting your account does not by itself cancel an App Store subscription - cancel that separately in iOS Settings (see section 6).
We may suspend or terminate your access to MindBack, with or without notice, if you breach these Terms, if your use risks harm to other users, to us, or to third parties, if required by law, or if we reasonably suspect fraud or unlawful activity. Where it is reasonable to do so, we will give notice and an opportunity to fix the problem first. If we terminate your account without cause while you hold a paid subscription, you may be entitled to a refund of the unused portion in accordance with applicable law. Sections 8, 11, and 15 to 21 survive termination.
19. Dispute resolution and arbitration
19.1 Talk to us first (required)
Most concerns can be resolved quickly. Before starting an arbitration or other formal proceeding, you must first send us an individual written notice of dispute at support@mindbackapp.com, stating your name, the email on your account, a description of the dispute, and the resolution you are seeking; we will do the same before bringing a claim against you. This informal-resolution step is a condition precedent to starting arbitration. A notice must be individual to you - a single notice cannot be submitted on behalf of multiple users. We will try in good faith to resolve the dispute within 60 days, and that 60-day period does not count against any limitation period.
19.2 Binding arbitration and class-action waiver - U.S. residents only
This section 19.2 applies only if you are a resident of the United States. It does not apply to consumers resident in the United Kingdom, the European Union, or elsewhere. Please read it carefully - it affects how disputes are resolved and waives your right to a court and jury trial.
You and QuantumPivot Limited agree that any dispute, claim, or controversy arising out of or relating to MindBack, these Terms, or the Privacy Policy that is not resolved under section 19.1 will be settled by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies. This agreement to arbitrate is governed by the Federal Arbitration Act and federal arbitration law; to the extent state law applies to its interpretation or enforceability, the law of your U.S. state of residence applies.
- The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms.
- Class-action waiver. All claims must be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative arbitration. The small-claims option above is also available only on an individual basis.
- Jury and court waiver. You and we waive any right to a jury trial and to have disputes (other than qualifying individual small-claims matters) decided by a court.
- Public injunctive relief. Nothing in this section waives any right to seek public injunctive relief where that right cannot lawfully be waived. Any claim for public injunctive relief will be heard by a court and stayed until arbitration of all other claims is complete.
- Coordinated (mass) filings. If 25 or more arbitration demands raising similar claims are filed against us by or with the help of the same or coordinated counsel, the demands will be administered in sequential batches of up to 50, with one arbitrator and one set of AAA filing fees per batch, and only one batch proceeding at a time. This batching applies equally to coordinated small-claims filings and gives no award any binding effect on claimants in later batches.
- The arbitration may be conducted in writing, by telephone or video, or in person in the U.S. county where you live. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
- Fees. For any individual claim, we will pay all AAA administrative and arbitrator fees beyond your initial filing fee, and we will reimburse that filing fee for any claim that is not frivolous. We will not seek our legal fees from you unless the arbitrator finds your claim was frivolous or brought for an improper purpose. Where a statute applicable to your claim allows a prevailing consumer to recover attorneys’ fees, the arbitrator may award them.
30-day right to opt out. You may opt out of this arbitration agreement by emailing support@mindbackapp.com with the subject line “Arbitration Opt-Out”, stating your name and the email on your account, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
If the class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and proceed in court, while all other claims will still be arbitrated. If section 19.2 as a whole is found unenforceable, disputes will be resolved by the courts identified in section 20.
19.3 UK, EU, and other users
If you are a consumer resident in the UK, the EU, or any country other than the United States, disputes are handled by the courts and under the law described in section 20. You also keep access to any independent alternative dispute resolution or consumer-complaint scheme available to you under the law of your country.
20. Governing law and jurisdiction
For users outside the United States, these Terms, their subject matter, and their formation are governed by the laws of England and Wales. For U.S. residents, these Terms are governed by the law of your U.S. state of residence, except that the arbitration agreement in section 19.2 is governed by the Federal Arbitration Act as stated in that section.
Subject to section 19:
- if you are a consumer resident in the UK or EU, you benefit from any mandatory consumer-protection provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence; we will bring proceedings against you only in those courts;
- if you are a resident of the United States and section 19.2 does not apply (for example, you opted out, or a claim is excluded from arbitration), the dispute will be resolved by the state or federal courts located in your state of residence, and nothing here deprives you of the protection of the mandatory law of your home state;
- in all other cases, the courts of England and Wales have exclusive jurisdiction.
21. Changes to these Terms
We may update these Terms from time to time - for example to reflect changes to MindBack, our providers, or the law. If we make a change, we will post the updated Terms here with a new “last updated” date, and if the change is material we will give reasonable advance notice by in-app notice or email before it takes effect. Changes are not retroactive.
For minor or neutral changes, such as clarifications, continued use of MindBack after the change takes effect means you accept the updated Terms.
For a change that materially and adversely affects you, we will not treat continued use alone as acceptance. You may accept the change, or reject it - and if you reject it you may continue under the existing Terms until the end of any subscription period you have already paid for, and then cancel. If you cancel because of a material adverse change, or a material change reduces the core functionality you paid for, consumers are entitled to a refund of any unused prepaid portion in accordance with applicable law. You can always stop using MindBack and delete your account before a change takes effect.
22. General
- Severability. If any provision is held invalid or unenforceable, the rest of these Terms remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign or transfer these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, provided this does not reduce your rights as a consumer.
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about MindBack and replace any prior agreement on that subject.
- Force majeure. We are not liable for failure or delay caused by events beyond our reasonable control.
- Notices. We may give you notice through the app, by email, or by posting on the website. You can give us notice at support@mindbackapp.com.
- Third parties. Except that Apple and its subsidiaries are third-party beneficiaries of the app-licence terms as described in section 12, no one other than you and us has any right to enforce these Terms.
23. Contact
Questions about these Terms? Email support@mindbackapp.com. For how we handle your data, see our Privacy Policy.