Terms and Conditions

Last updated: March 9, 2026

1. Introduction & Acceptance

Welcome to OceanMind, a wellness and mindfulness application operated by OceanMind Wellness Inc ("Company," "we," "us," "our"). These Terms & Conditions ("Terms") govern your access to and use of OceanMind, our websites, content, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

We may update these Terms from time to time. If we make material changes, we will provide notice within the app or by email. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

2. Eligibility & Fitness

• You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. If you are under 18, you must have permission and supervision from a parent or legal guardian.
• You represent that you are physically and mentally able to participate safely in light movement, breathwork, and meditation practices and will stop immediately if you feel discomfort.
• You are responsible for ensuring your environment is safe for practice and that your device is configured appropriately (e.g., volume, notifications).

3. Health, Safety & Emergencies

The Services provide general wellness content only and do not constitute medical or mental health advice, diagnosis, or treatment. The Services are not a substitute for professional care, and we are not a healthcare provider. This includes all AI-generated personalized practices and content, which are created by automated systems and should not be considered professional healthcare guidance.

• Consult a qualified healthcare professional before starting any new wellness, movement, or breathwork program, especially if you have medical conditions or are pregnant. This is particularly important when using AI-generated personalized practices.
• If you experience pain, dizziness, shortness of breath, anxiety, or other discomfort during any practice (including AI-generated content), discontinue use immediately and seek professional advice.
• Emergencies: Do not use the Services for emergencies. If you are in danger or considering self-harm, call local emergency services. In the United States, dial 911 or contact the Suicide & Crisis Lifeline at 988.

4. License & Acceptable Use

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the app on a device you own or control for your personal, non-commercial use.

You agree not to:

• Copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Services except to the extent such restrictions are prohibited by law.
• Use the Services for unlawful, harmful, fraudulent, or infringing purposes or to harass or harm others.
• Bypass, interfere with, or disrupt security or access controls; or use any data mining or scraping methods without our prior written consent.

5. Intellectual Property; Feedback License

All content and materials in the Services, including text, graphics, audio/video, logos, and trademarks, are owned by OceanMind Wellness Inc or its licensors and are protected by applicable intellectual property laws. No rights are granted except as expressly set forth in these Terms.

If you submit ideas, feedback, or suggestions ("Feedback"), you grant OceanMind Wellness Inc a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and create derivative works from the Feedback for any purpose without compensation or attribution.

6. User Content & Community Guidelines

If the Services allow you to submit or post content ("User Content"), you represent that you have all necessary rights to do so and that your User Content does not violate any law or third-party rights. We may, but are not obligated to, review, remove, or moderate User Content at our discretion.

7. Subscriptions, Free Trials & Payments

• Some features require a paid subscription. Prices and terms are shown at the point of purchase within the app stores (e.g., Apple App Store, Google Play). Their payment and refund policies apply.
• Free trials may convert to paid subscriptions unless canceled before the trial ends. Manage or cancel via your app store account settings.
• We may change subscription pricing with prior notice; changes apply to subsequent billing cycles.

8. Third‑Party Services & Links

The Services may link to or integrate with third‑party websites, apps, content, or services. We are not responsible for third‑party terms, policies, or practices. Your use of third‑party services is at your own risk and subject to their terms.

9. AI-Generated Personalized Content

OceanMind uses artificial intelligence technology, including OpenAI's services, to generate personalized wellness practices, breathing exercises, and meditation content tailored to your preferences and usage patterns.

• AI Content Disclosure: AI-generated content is clearly identified within the app and is not represented as human-created content. You acknowledge that AI-generated practices are created by automated systems and may not be suitable for all users or situations.
• Data Processing Consent: By using AI-powered features, you explicitly consent to having your usage data, preferences, and interaction patterns processed by our AI systems and third-party AI service providers (including OpenAI) to generate personalized content.
• Data Protection: We implement appropriate safeguards and contractual protections with AI service providers to protect your data. Your personal health information is anonymized before being processed by AI systems. We do not sell or share your personal data with AI providers for their own commercial purposes.
• Content Limitations: We do not guarantee the accuracy, completeness, or suitability of AI-generated content for your specific needs. AI-generated wellness practices are not medical advice and should not replace professional healthcare guidance.
• Opt-Out: You may opt out of AI-generated content at any time through app settings, though this may limit certain personalization features.
• Content Rights: OceanMind owns all rights to AI-generated content created through our services. AI-generated content is provided for personal wellness purposes only and should not be redistributed or used commercially.

10. Availability, Changes & Updates

• We may modify, suspend, or discontinue the Services or any feature at any time, with or without notice.
• Content availability (including offline downloads) may change, expire, or require re‑authorization.
• We may provide updates that you must install to continue using the Services.

11. Suspension & Termination

We may suspend or terminate your access for any violation of these Terms or to protect the integrity or security of the Services. You may stop using the Services or delete your account at any time. Upon termination, provisions that by their nature should survive will survive.

12. Disclaimers; Limitation of Liability

Disclaimer. The Services are provided "as is" and "as available," without warranties of any kind, express or implied, including fitness for a particular purpose and non‑infringement.

Limitation of Liability. To the fullest extent permitted by law, OceanMind Wellness Inc and its officers, directors, employees, agents, and partners shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or revenues, arising out of or related to your use of the Services. Our aggregate liability shall not exceed the amount you paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless OceanMind Wellness Inc and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or misuse of the Services.

14. Electronic Communications

By providing contact information, you consent to receive electronic communications from us (e.g., emails, in‑app, push notifications, SMS). You may opt out of non‑transactional communications at any time through provided mechanisms.

15. Dispute Resolution; Arbitration; Class Waiver

Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, held in Delaware, in English, before a single arbitrator.

• Class Action/Jury Trial Waiver: You and OceanMind Wellness Inc agree that each may bring claims only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
• Opt‑Out: You may opt out of arbitration by sending a written notice to info@oceanmindapp.com within thirty (30) days of first accepting these Terms.
• This Section does not prevent either party from seeking provisional or injunctive relief or bringing an individual claim in small‑claims court.

16. Miscellaneous

• Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict‑of‑laws rules.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in full force.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms.
• Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Services and supersede prior agreements.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
• DMCA: If you believe content infringes your copyright, contact our designated agent at info@oceanmindapp.com with a proper notice under 17 U.S.C. §512.

17. Contact

OceanMind Wellness Inc
Email: info@oceanmindapp.com