Terms Of Service

Last updated: March 2025

Please read these Terms & Conditions (“Terms”, “Terms of Service”) carefully before using our Website beginmindfulness.com or use our mobile application Begin (“App”), or any other online services that link to this Terms & Conditions (collectively the “Services” or “Begin” or “Begin Mindfulness”) operated by Magikbee Lda (“us”, “we”, or “our”).

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms you may not be able to access the Services.

1. About the App

Begin provides mindfulness, meditation, and relaxation content designed to support users in their personal wellness journey. The app includes guided meditations, breathing exercises, mood-based playlists, and sleep content. The Services are not a substitute for medical advice, diagnosis, or treatment.

2. Who Can Use Begin

Begin is designed for adult users. While we provide content suitable for children, children are not the primary users of the app. Parents or guardians are responsible for supervising their child's use of the app and selecting appropriate content.

Minimum Age: You must be at least 16 years old to use the Services. If you are under the age of majority in your jurisdiction, you may only use the Services with the consent of a parent or guardian.

Parental Responsibility: Any content available for children should be used under adult supervision. Parents or guardians are responsible for monitoring their child's activity within the app.

3. Privacy Policy

We collect two basic types of information – personal information and anonymous information – and we may use personal and anonymous information to create a third type of information, aggregate information.

We may collect information whether or not you are logged in or registered, and may associate this tracking data with your registration account (if you have one), in which case we will treat it as personal information. Service providers that collect tracking data on our behalf (see the section “Disclosure to Third-Parties”) may provide an opportunity for you to choose not to be tracked online.

3.1. About the information you provide

Your use of the Services is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs users of our data collection practices.

Our Privacy Policy can be found here: beginmindfulness.com/privacy-policy

3.1. Controller Identification

All the data provided by you when using our Services will be processed by MAGIKBEE, LDA., a company with VAT number PT513575820, whose registered address is 18A, 1º Frente, Rua de São Victor, Braga, Portugal.

3.2. Key Privacy Rights for Users

For transparency, here are some key user rights under applicable laws:

- General Data Protection Regulation (GDPR) (EU Users)– Users in the European Union have the right to access, correct, delete, or restrict processing of their personal data.
- California Consumer Privacy Act (CCPA) (California Users) – California residents can request access to, correction of, or deletion of their personal information. Users may also opt out of data sales (though we do not sell personal data).
- Children’s Online Privacy Protection Act (COPPA) (U.S. Users) – Begin does not knowingly collect personal data from children under 13. Parents may review or request deletion of any data related to their child by contacting us.

To exercise any of these rights, users may contact us at [email protected] with the subject line: Privacy Request.

4. Account Registration

Creating an account is not mandatory to access the Services, but it is required if you want to save your progress, track total mindful minutes, and access your personalized content across multiple devices. Without an account, any preferences, history, or progress will be stored only on your device and will not be available if you switch or reset your device.

4.1. Account creation

You may create an account using an email address, or a third-party login (e.g., Apple, Google) if available. You must provide accurate information and keep it updated.

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

To ensure that you can access your account across devices and receive important updates, we'll send you a verification email to confirm that your email address is correct. While you can use the app without verification, verification ensures that you can recover your account if you forget your credentials or need to access your content on a new device, so it's highly recommended.

4.2. Using the App Without an Account

You may access the Services without creating an account. However, in this case:

- Your history, saved content, and mindful minutes will only be stored locally on your device.
- You will not be able to access your data across multiple devices.

Creating an account allows you to sync your progress across devices.

4.3. Account Security

You are responsible for safeguarding your password and agree not to disclose it to any third party. You must notify us immediately of any unauthorized use of your account.

We are not liable for any loss or damage arising from unauthorized access due to your failure to maintain account security. If you suspect a breach, you should change your password immediately and contact us at [email protected].

4.4. Account Deletion & Data Retention

You may request to delete your account at any time through the app settings or by contacting [email protected].

Upon deletion, all personal data associated with your account will be permanently erased, except where retention is required for legal or regulatory compliance. This includes, but is not limited to, records related to tax, fraud prevention, and security obligations.

If you delete your account, you will lose access to all stored data, including your mindful minutes, saved content, and subscription benefits. Subscription payments are non-refundable, even if the account is deleted before the end of a billing period.

In cases where account deletion is requested due to a dispute or security concern, we may temporarily suspend access while we verify and process the request.

For further details, please consult our Privacy Policy at beginminfulness.com/privacy-policy.

5. Subscription

A subscription gives you unlimited access to all content available on Begin as long as it is active. By purchasing a subscription, you agree to the billing terms set forth in this section and acknowledge that your subscription will automatically renew unless canceled.

5.1. How Subscription Works on iOS

When you subscribe through iOS, the payment will be charged to your Apple Account as soon as you confirm your purchase. Your subscription will automatically renew unless you disable auto-renewal at least 24 hours before the current billing period ends. If you ever need to manage your subscription or turn off auto-renewal, you can do so anytime in your Apple account settings. Apple handles all billing and refunds for subscriptions purchased through the App Store. We do not process refunds for in-app purchases. If you need a refund, please contact Apple Support directly.

For more details, visit https://support.apple.com/en-us/HT202039.

5.2. How Subscription Works on Google

When you subscribe through Google Play, the payment will be charged to your Google Play Account upon purchase confirmation. Your subscription will automatically renew unless you turn off auto-renewal at least 24 hours before the current billing period ends. You can manage your subscription and adjust renewal settings anytime in your Google Play account settings.

Google Play manages all billing and refunds for subscriptions purchased through its platform. If you believe you were charged in error or need a refund, please contact Google Play Support directly.

For further details, visit https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid.

5.3. Promotional Offers

You may be offered a promotional offer in connection with a Subscription, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer will be described in the offer details (“Offer Terms”).

Promotional Offers are generally available only to new customers who have never subscribed to Begin or redeemed a previous Promotional Offer, unless stated otherwise in the Offer Terms. Trial periods, in particular, are granted on a one-time basis. If an offer is extended to past subscribers, eligibility will depend on whether their previous subscription expired before the date specified in the Offer Terms.

We reserve the right to determine eligibility for Promotional Offers and may modify or cancel any offer at any time. Offers must be claimed through the Begin app before the advertised expiration date.

If you cancel before the trial period ends, you will not be charged. If you do not cancel before the trial ends, your subscription will automatically begin at the standard price, and the payment method on file will be charged accordingly.

5.4. Refunds and Cancellations

5.4.1. General Refund Policy

All subscription purchases are final. We do not offer refunds or prorated refunds for unused portions of a subscription unless required by law. If you reside in the European Union, you have the legal right to cancel your subscription and receive a full refund within 14 days of purchase if you have not yet accessed the paid content. To request a refund, contact [email protected].

If you believe you were charged by mistake or experience a billing issue, you may request a refund within 7 days of the charge by contacting Apple or Google Play (if the purchase was made in-app) or by emailing [email protected] (for purchases made directly through our website).

5.4.2. How to Cancel Your Subscription

You may cancel your subscription at any time through:

- Apple Users: Your Apple account settings under "Subscriptions”. For more details, visit https://support.apple.com/en-us/HT202039.

- Google Play Users: Your Google Play account settings under "Payments & Subscriptions". For further details, visit https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid.

You can find a direct link to subscription cancellation instructions in the app by going to your profile and tapping Settings > Subscription.

Your cancellation will take effect at the end of your current billing cycle. You will continue to have access to the subscription benefits until the last day of your paid period. Deleting your account does NOT automatically cancel your subscription. You must cancel your subscription separately through your Apple or Google account settings. No partial refunds are provided for canceled subscriptions.

5.5. Automatic Renewal & Consumer Rights

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. For U.S. residents, automatic renewals are subject to consumer protection laws, including the Federal Trade Commission (FTC) regulations and California’s Auto-Renewal Law (ARL).

5.6. Auto-Renewal and Notification

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You may be notified prior to renewal, but it is your responsibility to manage your subscription settings. Subscriptions are managed by the stores. For more details, visit https://support.apple.com/en-us/HT202039 or https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid.

5.7. Free Users or Users Without a Subscription

A limited portion of Begin content and features is available to free users. Unlocking additional content and features requires a subscription.

We may modify the content available to free users at any time, including adding or removing access to certain features.

6. Content

6.1. Available Content

Begin offers a wide range of mindfulness, meditation, and relaxation content tailored to different needs and preferences. Content is designed to be simple, effective, and adaptable to the user's goals.

The app includes:

- Guided Meditations – Sessions to help users manage stress, enhance focus, and support emotional well-being.
- Breathing Exercises – Short techniques to aid relaxation, regulate emotions, and improve concentration.
- Mood-Based Playlists (Moodscapes) – Curated audio experiences for specific states of mind, such as productivity, relaxation, and energy boosts.
- Soundscapes – Background nature sounds and ambient music for deep focus, relaxation, or sleep.
- Sleep Support – Bedtime meditations, sleep stories, and calming audio designed to improve sleep quality.
- Power Nap Helper – Short, guided sessions to help users quickly recharge during the day.
- Music and Sounds for Pet Relaxation – Specially designed audio to create a calming atmosphere for pets, reducing stress and promoting relaxation.

6.2. Personalized Content Experience

The content in Begin is structured to help users find what best suits their needs:

- TODAY Page (Main Page): Personalized content suggestions based on the user’s selected goals, whether it's stress reduction, anxiety relief, sleep support, emotional well-being, mindful parenting, or pet relaxation.

- DISCOVER Page: The full catalog of all available content, allowing users to explore and choose what resonates with them.

Users can freely navigate the app and explore all content, regardless of the personalized recommendations on the TODAY Page.

6.3. Kids’ Content

Begin includes a selection of mindfulness and relaxation content designed specifically for children. These include:

- Bedtime Stories & Guided Relaxation – Soothing narratives to help little ones wind down.
- Breathing Exercises for Kids – Engaging, playful techniques to encourage emotional regulation.
- Mindful Meditation & Play – Gentle meditation and awareness-based exercises designed to promote calmness.
- Soundscapes for Kids – Soft background audio to create a peaceful environment for play or bedtime.

6.4. Parental Control and Responsibility

Begin offers mindfulness content designed for children, but kids are not the primary users of the app. The app is intended for adults, including parents, guardians, and educators, who can access and share kid-friendly mindfulness exercises, stories, and guided meditations with little ones.

Children are not required to create an account and should only engage with the content under the supervision of a parent or guardian. Begin does not collect personal data from children, and all interactions within the app should be facilitated by an adult.

Any mindfulness activities for kids available in Begin are designed to be used together with a parent or guardian and should not be considered a replacement for professional guidance or therapeutic support. Parents and guardians are encouraged to review the available content before sharing it with their child.

Begin complies with COPPA (Children’s Online Privacy Protection Act) and GDPR-K (General Data Protection Regulation for Kids), ensuring no personal data is collected from children.

6.5. Offline Access

Begin allows users to access content offline. During onboarding, users can choose to download content related to their selected goals for offline use. Additionally, as users play content, it is automatically downloaded to their device for future offline access.

However, certain factors may prevent content from being available offline, including:

- Insufficient time to complete the download.
- The user choosing not to enable offline downloads.
- Limited storage capacity on the device.
- Content updates that require re-downloading.
- Logging out of the account or uninstalling the app, which may remove stored downloads.

Offline access is available only on the device where the content was downloaded. To access content across multiple devices, users must ensure they are logged into the same account.

6.6. Content Availability

Begin reserves the right to update, modify, add or remove any content at its sole discretion without prior notice.

7. Intellectual Property

The Services, including audio, video, text, graphics, and trademarks, are the exclusive property of Magikbee Lda. Unauthorized copying, distribution, or resale of any content is strictly prohibited.

8. Prohibited Use of the Services

By using the Services, you agree not to:

- Copy, store, reproduce, modify, or distribute content from the Services.

- Use the Services for illegal, fraudulent, or harmful activities.

- Circumvent security measures or reverse-engineer any part of the Services.

- Engage in harassment, hate speech, or offensive behavior.

- Use the Services for unauthorized commercial purposes.

9. Third-Party Links

Our Services may contain links to third-party websites or services. We are not responsible for their content, privacy policies, or practices. You acknowledge that your use of any third-party service is at your own risk.

10. Warranties and Disclaimers

Begin is designed to provide mindfulness techniques and exercises to support relaxation and well-being. It is not intended as a substitute for professional medical or psychological advice, diagnosis, or treatment. Users should listen to their bodies and stop any exercise if they experience discomfort or pain. It is essential to be in good physical condition to perform these exercises. By using this app, you agree to use it at your own risk and hold the app developer harmless for any injuries or damages.

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Magikbee Lda does not warrant that i) the Services will function uninterrupted, secure, or available at any particular time or location; ii) any errors or defects will be corrected; iii) the Services are free of viruses or other harmful components, or iv) the results of using the Services will meet your requirements.

11. Digital Millennium Copyright Act (DMCA) Notice

If you believe that your copyrighted work has been used in a way that constitutes copyright infringement, please contact us at [email protected] with:

- A description of the copyrighted work and its location.
- Your contact information.
- A statement confirming your good faith belief that the use is unauthorized.

12. Governing Law

12.1. Governing Law for U.S. Users

For users residing in the United States, these Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. This means that any disputes arising from or related to these Terms or the Services shall be subject to U.S. federal and California state laws, except where consumer protection laws in the user's state require otherwise.

12.2. Governing Law for Non-U.S. Users

For users residing outside the United States, these Terms shall be governed and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or the use of the Services shall be subject to the exclusive jurisdiction of the courts of Braga, Portugal.

12.3. Local Consumer Protection Laws

Nothing in these Terms limits the rights granted to users under mandatory consumer protection laws in their country of residence. If a provision of these Terms conflicts with local consumer laws, those consumer protection laws shall prevail.

12.4. No Waiver & Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have regarding the Services.

For users residing in the United States, these Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

For users residing outside the United States, these Terms shall be governed by Portuguese law, without regard to its conflict of law provisions. Any disputes shall be subject to the exclusive jurisdiction of the courts of Braga, Portugal.

13. Dispute Resolution & Binding Arbitration

13.1. Informal Resolution

Before pursuing formal legal action, we encourage users to contact us at [email protected] to seek an informal resolution. Most concerns can be quickly resolved this way. If a resolution is not reached within 30 days, the dispute may proceed as outlined below.

13.2. Arbitration for U.S. Users

If you reside in the United States, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or any agreement with Magikbee Lda shall be resolved exclusively through binding arbitration. This arbitration shall be governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as amended from time to time.

The arbitration shall take place in a mutually agreed-upon location or remotely if both parties agree. The proceedings shall be conducted in English.

By agreeing to arbitration, you waive any right to a trial by jury and any right to participate in a class-action lawsuit or other collective legal proceeding. You may, however, opt out of arbitration within 30 days of first agreeing to these Terms by sending an email to [email protected] with the subject line: "Opt-Out of Arbitration." If you opt out, disputes will be resolved in the courts of the State of California, United States.

13.3. Arbitration for Non-U.S. Users

If you reside outside the United States, including Portugal and the European Union, you agree that any disputes shall be resolved in accordance with Portuguese arbitration law (Law No. 63/2011) and submitted to arbitration in Portugal. The arbitration shall take place in Braga, Portugal, and may be conducted in Portuguese or English, as agreed by the parties.

For consumers in the European Union, arbitration shall only be mandatory if both parties expressly agree after the dispute arises. If arbitration is not agreed upon, the dispute shall be resolved in the courts of Braga, Portugal.

13.4. Costs of Arbitration

Each party shall bear its own legal fees and costs associated with arbitration, except where applicable arbitration rules or laws require a different allocation. The administrative and arbitrator fees shall be determined based on the arbitration provider’s rules and may be shared equally or assigned by the arbitrator. If any part of this cost allocation conflicts with applicable consumer protection laws, those laws shall take precedence.

13.5. Exceptions to Arbitration

This arbitration agreement does not apply to claims that qualify for resolution in small claims court. Additionally, either party may seek injunctive relief in a court of competent jurisdiction to prevent unauthorized use, abuse, or infringement of intellectual property rights.

13.6. Governing Law & Jurisdiction

For users residing in the United States, these Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be resolved exclusively in the courts of California.

For users residing in Portugal or the European Union, these Terms shall be governed by Portuguese law, and any disputes not resolved through arbitration shall be handled exclusively in the courts of Braga, Portugal.

14. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. The termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments.

If you wish to terminate your account, you may simply discontinue using the Services.

15. Limitation Of Liability

In no event shall Magikbee Lda, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

16. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes that affect your rights, we will notify users by publishing the updated Terms on our website at beginmindfulness.com/terms-of-service/.

16.1. Acceptance of Changes

By continuing to access or use our Services after changes become effective, you agree to be bound by the revised Terms. If you do not agree to the updated Terms, you must discontinue using the Services before the effective date of the changes.

16.2. How We Notify Users

For most updates, we will only publish a notice on our website. If applicable laws require us to notify you directly, we will do so using the contact method you have agreed to receive communications through (e.g., in-app notifications or email, where consent has been given).

If you have not agreed to receive notifications through in-app messages or email, you must check the updated Terms on our website. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must discontinue using the Services before the changes take effect.

16.3. Special Notice for U.S. Users (Subscription & Billing Changes)

For users in the United States, if we make material changes related to billing, subscription renewals, arbitration, or dispute resolution, we will provide advance notice of at least 30 days before the changes take effect. If we cannot notify you directly due to a lack of consent for in-app or email communications, it remains your responsibility to check for updates on our website.

If you do not agree to these changes, you may cancel your subscription without penalty before the new Terms take effect.

16.4. Compliance with Consumer Protection Laws

Nothing in this section overrides your rights under applicable consumer protection laws, including GDPR (EU), CCPA (California), and other relevant laws in your jurisdiction.

16.5. Access to Previous Versions

For transparency, past versions of these Terms will be available upon request by contacting [email protected].

17. Contact Us

If you have any questions about these Terms, please contact us: [email protected]