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Terms of service

Balance

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Score29.0
Reviewed
Policy typeTerms of service
Concern findings9
Protections2
Source supportStrong

Source provenance

Verified official source
Retrieved
Published

Snapshot hash ed4589c4cd27956bd1994f85203f5c3f8bc2f378b2fe77a4a9299d6803b8d81a

Snapshot of the source text at fetch time, not a live mirror of the policy page.

Plain-English summary

The terms include a mandatory arbitration clause (risk_flags-1) and a waiver of class action and jury trial rights (risk_flags-2), significantly limiting your ability to pursue legal action against the company. The company also reserves the right to discontinue or modify services without notice or liability (risk_flags-3) and virtual items have no monetary value and can be revoked or forfeited without compensation (risk_flags-4, risk_flags-5, risk_flags-6).

90% confidence

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Risks to You

Critical issues to be aware of and may include material, hard-to-reverse harm, such as money you cannot easily recover, lasting privacy exposure, loss of account access, weakened dispute rights, or broad ownership/control of your content.

high95% confidence

Mandatory Arbitration of Disputes

Any dispute between you and the company must be resolved through final and binding individual arbitration.

Mandatory arbitration

Why it matters: You waive your right to a trial in court and agree that disputes will be resolved through individual arbitration, which can limit your legal options and ability to appeal.

You and The Mind Company agree that, subject to limited exceptions specified in this Arbitration Agreement, all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms or this Arbitration Agreement, the Services, or any aspect of the relationship between you, on the one hand, and The Mind Company, on the other hand, or the breach, termination, enforcement, interpretation, or validity of these Terms or this Arbitration Agreement (collectively, "Disputes"), whether such Disputes arose before, on, or subsequent to you entering these Terms, will be resolved through final and binding, individual arbitration in accordance with the rules and procedures

DISPUTE RESOLUTION: BINDING INDIVIDUAL ARBITRATION; CLASS ACTION & JURY TRIAL WAIVER ("ARBITRATION AGREEMENT"), paragraph 1 · Citation strength: strong

high95% confidence

Waiver of Class Action and Jury Trial

You waive your right to a jury trial and to participate in any class, collective, aggregate, representative, or consolidated action.

Mandatory arbitrationClass-action waiver

Why it matters: You cannot participate in class-action lawsuits against the company, which means you must bring claims individually, potentially limiting your ability to seek redress for widespread issues.

You and The Mind Company agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding.

DISPUTE RESOLUTION: BINDING INDIVIDUAL ARBITRATION; CLASS ACTION & JURY TRIAL WAIVER ("ARBITRATION AGREEMENT"), paragraph 3 · Citation strength: strong

high90% confidence

Company Can Modify or Discontinue Services Without Liability

The company reserves the right to modify or discontinue its services, temporarily or permanently, with or without notice, and will not be liable to you or any third party for such actions.

Why it matters: The services you rely on, or any part of them, may be changed or stopped at any time without notification, and you have no recourse for any loss or harm this may cause.

The Mind Company reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that The Mind Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Access and Use of the Service, paragraph 4 · Citation strength: strong

high90% confidence

Virtual Items Have No Monetary Value and Can Be Revoked

Virtual Items do not store or represent anything of value, and the company can manage, regulate, control, modify, or eliminate them, and revoke your license to access and use them at any time for any reason, with or without notice, without liability.

Why it matters: Any money you spend on virtual items in the service could be lost if the company decides to alter or remove them, or revoke your access, without notice or compensation.

Virtual Items do not store or represent anything of value because we have the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your license to access and use them at any time and for any reason, with or without notice. We shall have no liability to you or any third party in the event that we exercise any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for the limited license to access and use those Virtual Items.

Access and Use of the Service, paragraph 8 · Citation strength: strong

high90% confidence

Forfeiture of Virtual Items Upon Suspension or Termination

All access to and use of Virtual Items may be forfeited if the company suspends or terminates your access to the services for any reason, or if the company discontinues its services.

Why it matters: If your account is suspended or terminated, or if the service is discontinued, you will lose access to any virtual items you have purchased without possibility of recovery.

All access to and use of Virtual Items may be forfeited if we suspend or terminate your access to our Services for any reason, or if we discontinue our Services.

Access and Use of the Service, paragraph 9 · Citation strength: strong

high95% confidence

No Claims for Lost Virtual Items

You agree not to bring any claim against the company or its affiliates relating to a claim that you own any Virtual Items, that they constitute your property, or that they have any monetary value, or for an alleged monetary value of Virtual Items lost upon deletion, suspension, modification, termination, or expiration of the terms.

Why it matters: You cannot claim ownership of virtual items or seek compensation for their loss, even if they are removed or your access is terminated, meaning your investment in them is not protected.

You agree that you will not assert or bring any claim against us, our affiliates, or our or their respective directors, officers, employees, agents, service providers or licensors (collectively, "The Mind Company Parties") relating to (i) a claim that you own any Virtual Items, that Virtual Items constitute your property, or that Virtual Items have any monetary or other value; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your access to our Services or modification, termination or expiration of these terms.

Access and Use of the Service, paragraph 11 · Citation strength: strong

Data Use

How the company collects, uses, shares, and protects your data.

medium90% confidence

Company Access to Your Account for Various Reasons

The company reserves the right to monitor and access your account to prevent fraud, criminal activity, or misuses of services; ensure security of IT systems; diagnose problems; comply with legal obligations; and protect its rights, privacy, safety, or property, or that of its affiliates, you, or other third parties.

Why it matters: The company can access your account for a broad range of reasons, including its own interests and those of third parties, which may involve monitoring your activities or content without explicit prior consent for each specific instance.

The Mind Company reserves the right to monitor and access your account in order to (1) prevent fraud, criminal activity, or misuses of the Services; (2) ensure the security of our IT systems, architecture and networks; (3) diagnose and remedy problems with the Services; (4) comply with legal obligations and legal process; and (5) protect our rights, privacy, safety or property, or that of our affiliates, you or other third parties.

Access and Use of the Service, paragraph 3 · Citation strength: strong

low95% confidence

League Feature Exposes User Profile and Performance Data

When you use the League feature, your profile name, join date, and general game performance and statistics are made visible to others.

Why it matters: If you use the League feature, some of your personal information and game statistics will be publicly viewable by other users.

When you use the League feature in our app, it makes available to others your profile name, the month and year you joined the app, and general information about your game performance and statistics.

Access and Use of the Service, paragraph 12 · Citation strength: strong

low95% confidence

Sole Responsibility for User Content

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that you upload, post, publish, display, email, or otherwise transmit via the services ("User Content").

Why it matters: You bear full responsibility for any content you create, upload, or share through the services, meaning you are liable for any legal or other consequences of that content.

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that you upload, post, publish or display (hereinafter, "Post") or email or otherwise transmit via the Services ("User Content").

Conditions of Use, paragraph 1 · Citation strength: strong

Cancellation & Renewal

Terms related to how your subscription or service can be cancelled and how it may renew.

Looking good

No billing surprises spotted

Verbaterm only flags concerns it can cite. No cancellation, auto-renewal, or refund terms needed attention here.

Gotchas

Potentially overlooked clauses or policies that could lead to unexpected outcomes. These can include automatic renewals, hidden fees, complex cancellation procedures, or terms that limit your rights or control over your data in subtle ways.

Looking good

No hidden gotchas

Verbaterm only flags concerns it can cite. Nothing easy-to-miss stood out in this section.

Protections for You

Specific commitments that benefit you, such as explicit data-minimization practices, clear refund policies, or guarantees of notice for material changes to terms.

Protection95% confidence

Option to Opt-Out of Arbitration

You can reject the Arbitration Agreement by sending a written opt-out notice within 30 days of first agreeing to the terms.

Why it helps: This allows you to preserve your right to resolve disputes in court rather than through arbitration if you act within the specified timeframe.

You can choose to reject this Arbitration Agreement by sending The Mind Company a written opt-out notice ("**Opt-Out Notice**") within 30 days following the date you first agree to these Terms by mail at 2261 Market Street, Suite 86627, San Francisco, CA 94114 or by email at [privacy@themindcompany.com](mailto:privacy@themindcompany.com).

DISPUTE RESOLUTION: BINDING INDIVIDUAL ARBITRATION; CLASS ACTION & JURY TRIAL WAIVER ("ARBITRATION AGREEMENT"), paragraph 4 · Citation strength: strong

Protection90% confidence

User Controls for League Feature Visibility

You can control access to your profile in the League feature by turning off Profile Visibility, changing your username to be anonymized, or emailing the company to request anonymization of your League profile name.

Why it helps: You have options to manage the visibility of your profile information and game statistics within the League feature, allowing you to maintain more privacy.

You can control access to your profile in several ways. You can turn off Profile Visibility in your Settings, which means you will no longer participate in Leagues and your profile will not be visible to other users. If you want to continue participating in Leagues with an anonymized username, you can change your username (First and/or Last Name) in Settings. You can also email us at [support@elevateapp.com](mailto:support@elevateapp.com) to request that we anonymize your League profile name.

Access and Use of the Service, paragraph 12 · Citation strength: strong

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