Terms & Conditions

These Terms & Conditions are between you and Akim Diavidson Jean, the individual operator of MPS — MindPower Spark (“the Service”). By using the Service, you agree to these terms. If you do not agree, please do not use the Service.

You confirm that you are of legal age in your jurisdiction, or have permission from a parent or guardian.

MPS — MindPower Spark is a short interactive experience of brain challenges that produces a personalized, entertainment-oriented MindPower Profile. The profile is not a medical, psychological or clinical assessment, and must not be used as one.

We grant you a limited, non-exclusive, non-transferable right to use the Service for personal, non-commercial purposes.

You must not misuse the Service: no unlawful use, fraud or spam; no infringement of intellectual property; no interference with security or infrastructure (including malware, probing or scraping); no reverse engineering, resale or redistribution of the Service or its content.

We retain all ownership of the Service and its intellectual property, including the software, challenge content, design and branding. Your purchase unlocks access to your personal profile; it does not transfer any ownership.

The MindPower Profile unlock is a one-time purchase of $1.00 CAD. There are no subscriptions and no recurring charges.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment, billing, tax and refund mechanics are governed by Paddle's Buyer Terms (https://www.paddle.com/legal/checkout-buyer-terms).

We do not guarantee that the Service will be uninterrupted or error-free. To the fullest extent permitted by law, the Service is provided “as is” and we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

To the fullest extent permitted by law, we are not liable for indirect, consequential or special damages (including loss of profits, data or goodwill). Our aggregate liability is capped at the amount you paid us in the 12 months preceding the claim. Nothing in these terms excludes liability for fraud, death or personal injury where such exclusion is not permitted by law.

We may suspend or terminate access to the Service in cases of material breach of these terms, non-payment, security or fraud risk, or repeated or serious policy violations.

These terms are governed by the laws of the Province of Quebec, Canada, without regard to conflict-of-law rules. Courts located there will have jurisdiction, except where mandatory consumer law in your jurisdiction provides otherwise.