Terms of Service

Terms of Service

Effective Date: May 28, 2025

Welcome to Hearts & Minds, LLC ("Hearts & Minds," "we," "our," or "us"). By accessing or using our website at https://www.hmperform.com, the Focus 5 app, or any of our services, you agree to comply with and be bound by the following Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, please do not use our services.

1. Use of Services

Our services are intended for individuals who are:

At least 13 years old, or under 13 with express parental or guardian consent where permitted by law.

By accessing or using our services, you represent that you meet the above requirement and agree to abide by these Terms.

2. Intellectual Property RightsAll content provided by Hearts & Minds, including but not limited to the Focus 5 app, online courses, coaching materials, videos, text, graphics, logos, and other materials, is the property of Hearts & Minds, LLC and is protected by copyright, trademark, and other intellectual property laws.You may not:

Copy, reproduce, distribute, or create derivative works from our content without our express written permission.

Sell, resell, or commercially exploit any part of our services or content.

Use our trademarks, logos, or other proprietary information without our express written consent.

3. User Conduct

You agree not to use our services for any unlawful purpose or in any way that could harm Hearts & Minds or its users. Prohibited activities include, but are not limited to:Attempting to gain unauthorized access to our systems or networks.

Interfering with the proper functioning of our services.

Uploading or transmitting viruses or other malicious code.

4. Account Security

If you create an account with us, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Disclaimers

Our services are provided on an "as-is" and "as-available" basis. Hearts & Minds makes no warranties, express or implied, regarding the operation of our services or the information, content, or materials included therein.

6. Limitation of Liability

To the fullest extent permitted by law, Hearts & Minds shall not be liable for any damages arising from your use of our services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

7. Indemnification

You agree to indemnify and hold harmless Hearts & Minds, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, and expenses arising from your use of our services or your violation of these Terms.

8. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.9. Governing LawThese Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.10. Contact UsIf you have any questions about these Terms, please contact us at:

Hearts & Minds, LLC
‍
Email: hello@hmperform.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.