Terms
Last updated 15 October 2024.
1. Introduction
Thank you for joining Mindmymind (“Company”, “we”, “us”, “our”), which also refers to Mind App ApS, incorporated in Denmark, and operating in Portugal.
We operate the website https://www.mindmymind.com (the “Site) and the mobile application Mindmymind on Android and iOS (the “App”), and all other related products and services that mention or link to these Legal Terms (Collectively referred to as the “Services”).
The term “device” refers to any equipment used to access the Service, including but not limited to computers, smartphone and tablets.
The term “you” refers to the user of the Services.
Please read these terms carefully before you start using the Services.
By signing up for any Service or by accessing or using the Service in any manner, you agree to adhere to these Terms and all relevant laws, rules, and regulation. Your use of the Service indicates that you have read, understood and agreed to comply with the Terms.
Not consenting to or agreeing with all the terms explicitly prevents you from using the service.
The Services are exclusively for users who are 18 years of age or older. Individuals under 18 are not allowed to access or register for the Services.
Questions regarding the Terms, as well as any other correspondence to Mindmymind, including inquiries about your use of the Services, must be directed to the following email: hello@mindmymind.com
1. OUR SERVICE
1.1 GENERAL
We are an innovative platform that integrates artificial intelligence with the 16 personality types to deliver a personalized coaching experience.
1.2 MEDICAL DISCLAIMER
The Company delivers software and content designed to improve your relationships and personal well-being through insights based on the 16 personality types and cognitive functions. However, we are not a healthcare or medical device provider, and our Services should not be interpreted as medical care, mental health services, or other professional services. Only a physician or other licensed healthcare professionals are qualified to provide such services.
Although third-party evidence from research suggests that certain techniques used by us can support personal growth and relationship improvement, we do not claim, represent, or guarantee that our Services provide therapeutic benefits.
1.3 EMERGENCIES
If you believe you are experiencing a medical or mental health emergency, please call your local emergency number, or visit the nearest open clinic or emergency room. If you are considering of committing suicide or feel you are in danger to yourself and others, you must stop using the Service immediately and contact your local emergency number or notify the appropriate police or emergency medical services.
2. MEMBERSHIP
2.1 MEMBERSHIP
To access and use the Service, you must register and create an account with us. If you choose to register for the Service, you agree to provide and maintain accurate, current and complete information about yourself as requested in the registration forms. Your registration data and other relevant information are managed in accordance with our Privacy Policy
To ensure optimal use of App, your smartphone or device needs to meet specific system specifications. You can find these requirements on our website or in the Apple App Store and Google Play Store.
2.2 RESPONSIBILITIES
Once registered, you are responsible for maintaining the confidentiality of your password and account details and bear full responsibility for any activities that occur under your account. Once registered you agree to the following:
1) Notify Us of any unauthorized use of your password or account or any other security breaches and
2) Ensure that you log out of your account at the end of each session. The Company is not liable for any loss or damage that may result from your failure to comply with the requirements.
By using the Services, you represent and warrant that:
1) All registration information you submit will be true, accurate, current, and complete.
2) You will maintain the accuracy of such information and promptly update your registration details as necessary.
3) You have the legal capacity and agree to comply with these Legal Terms.
4) You are not a minor in the jurisdiction in which you reside.
5) You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
6) You will not use the Services for any illegal or unauthorized purposes.
7) Your use of the Services will not violate any applicable law or regulation.
If any of the information you provide is incorrect, misleading, outdated, or incomplete, we may suspend or terminate your account and block your access to the Services, both now and in the future (or to specific parts of the Services).
2.3 MEMBERSHIP
When you register, you agree to become a Member of Mindmymind. As a Member you gain access to exclusive content, features, and functionalities of the Services not available to non-members. Please note that Mindmymind memberships and subscriptions are non transferable and cannot be sold, exchanged or transferred in any manner.
You can always unsubscribe from Our marketing emails by following the opt-out instructions provided in the emails.
3. SUBSCRIPTIONS
3.1 SUBSCRIPTION OPTIONS
As a Member of Mindmymind, you initially gain access to the Service at no cost, with the option to upgrade to a subscription plan for enhanced features:
1) Basic access: Upon registration, users are given free access to a limited range of the Service. To unlock full access and additional features, users must obtain a subscription to a paid plan.
2) Premium Membership: This is a paid subscription that grants complete access to all available features and services. Members can select their preferred subscription option and complete the payments through their app store provider (such as the Apple App Store or Google Play Store)
3.2 MAINTAINING YOUR PAID MEMBERSHIP
Paid subscriptions are billed on a monthly or annual basis, processed through the App marketplace you originally acquired the subscription. You will only have access to the Premium Membership while your subscription is active and payments are current. If your payment is overdue by more than 30 days, your account will be suspended, and you will no longer have access to the Services until the payments are settled.
Subscription renewals will be automatically charged to your chosen payment method until canceled. To avoid being billed for the next period, you must cancel the subscription before the renewal date. Refunds are not available for unused portions of the subscriptions period.
To view, modify or cancel your subscription, you must do so through the marketplace (Apple App store, Google Play) where the subscription was purchased. You may need to authenticate with the same ID.
3.3 REFUND POLICY
If you purchase a subscription through the Apple App Store or Our phone app, all sales are final, and refunds will not be provided. Purchases are subject to Apple’s payment policies, which may not allow refunds.
Similarly, subscriptions acquired through the Google Play Store are final and non-refundable, in accordance with Google’s payment policies. If you purchase a subscription through our website (via Stripe, PayPal, or another payment processor), the sale is final, and no refunds will be issued.
Please note that the 14-day refund policy for EU residents does not apply to the digital services provided by the Company.
4. CONDITION OF USE
4.1 USER CONDUCT
As a user, you are fully responsible for all content you upload, post, or share through the Services, including but not limited to text, images, videos, or other materials. All contributions must adhere to the following guidelines, and any violation may result in the removal of content, suspension or termination of your account, and possible legal action:
1) Responsibility for Content: You are solely responsible for any materials (“content”) that you upload, post, publish, display, or otherwise use via the Services. This includes ensuring that your contributions do not violate any third-party rights or applicable laws.
2) Originality and Ownership: You must be the original creator or have the necessary licenses, rights, consents, and permissions to use the content you upload. Your contributions must not infringe on any intellectual property rights (e.g., copyright, patent, trademark) or other proprietary rights of any third party.
3) Consent for Personal Information: If your contributions include identifiable individuals, you must have their written consent or permission to use their name, likeness, or any personal information in the manner contemplated by the Services and these Legal Terms.
4) Truthful and Accurate Information: All contributions must be true, accurate, current, and not misleading.
5) No Unauthorized Promotions: You are prohibited from uploading or distributing unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other forms of solicitation.
6) No Objectionable Content: Contributions must not be obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable. You are also prohibited from uploading content that ridicules, mocks, intimidates, or abuses anyone.
7) No Harassment or Threats: Contributions must not be used to harass or threaten any other person or promote violence against individuals or groups based on race, national origin, gender, sexual orientation, disability, or any other characteristic.
8) Respect for Privacy and Publicity Rights: Contributions must not violate the privacy or publicity rights of any third party.
9) Compliance with Applicable Laws: You agree to comply with all local, EU, and U.S. laws and regulations regarding your use of the Services, including those concerning online conduct, intellectual property, and acceptable content.
10) No Child Exploitation: Contributions must not violate any laws concerning child pornography or content that could harm the welfare of minors.
11) No Offensive Remarks: Contributions must not contain offensive or discriminatory comments related to race, ethnicity, gender, sexual orientation, or physical or mental disability.
12) No Fraudulent Activities: You must not use the Services to commit fraud, impersonate another person or entity, or misrepresent your affiliation with a person or entity.
13) Prohibition of Harmful Software: You must not upload or distribute any software viruses or malicious code that can interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment.
14) No Interference with the Services: You may not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Any breach of these rules will be subject to investigation, and appropriate legal action may be taken, including reporting violations to law enforcement authorities if necessary. In addition to removing the offending content, we may suspend or terminate your account without prior notice.
4.2 COMPLIANCE WITH LOCAL, EU, AND U.S. LAWS
As a user, you are responsible for adhering to all applicable laws and regulations in your local jurisdiction, as well as those within the European Union (EU) and the United States (U.S.), where relevant. This includes complying with rules concerning online behavior, acceptable content, and data privacy, such as GDPR within the EU.
If any software is associated with the Services, it may be subject to U.S. export laws and regulations. This means that downloading or using the software in violation of U.S. export controls, including in restricted countries or by individuals on U.S. government sanctions lists, is strictly prohibited.
By using the Services, you agree to comply with all relevant local, EU, and U.S. laws regarding your use of the software and any related data transmissions.
4.3 COMMERCIAL USE
The Services are intended for personal use only. You are not permitted to reproduce, distribute, sell, or exploit any part of the Services for commercial purposes unless expressly authorized.
4.4 USE OF SERVICES BY MINORS
The Services are not intended for individuals under the age of 18. If you are under 18, you are prohibited from using the Services, with or without an account.
5. TERMINATION
5.1 BY US
We reserve the right to suspend or terminate your account if we find that you have engaged in fraudulent activity or violated any terms outlined in this agreement. Such actions may occur immediately and without prior notice.
If your account is terminated or suspended for any reason, you are strictly prohibited from registering a new account under your own name, a false or borrowed name, or the name of any third party, even if you are acting on their behalf. In addition to suspending or terminating your account, we also reserve the right to take legal action, including pursuing civil, criminal, or injunctive remedies.
5.2 BY YOU
You have the option to cancel your membership at any time by deleting your account within the app. Please be aware that this action is irreversible, and all data associated with your use of the Services will be permanently deleted. Once your account is deleted, any paid subscription will remain active until the end of the current billing period, at which point the cancellation will take effect.
If your subscription was purchased through the App Store, you can cancel the automatic renewal by managing your subscriptions in your Apple ID settings. For subscriptions made via the Google Play Store, you can cancel automatic renewals in your account settings under "Subscriptions" within the Google Play app, or by following Google's current cancellation process.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 SERVICE CONTANT, SOFTWARE AND TRADEMARKS
You acknowledge and agree that the Services may include content and features ("Service Content") that are protected by various intellectual property laws, including but not limited to copyright, patent, trademark, and trade secret laws. Unless expressly authorized by us, you may not modify, reproduce, distribute, create derivative works from, rent, lease, loan, sell, or exploit any part of the Services or Service Content. This restriction does not apply to your own User Content (as defined in these terms), which you have legally uploaded to the Services.
You further agree not to engage in any form of data mining, scraping, or similar data gathering or extraction practices in connection with your use of the Services. Additionally, if your access to the Services is restricted or blocked (e.g., by IP address blocking), you agree not to attempt to circumvent these restrictions by means such as IP masking or the use of proxy services.
The software and technology underlying the Services, or made available in connection with the Services, are owned by us, our affiliates, and our partners. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of this software. All rights not explicitly granted to you under these Terms remain with us.
The Company's name, logo, and related trademarks are the exclusive property of Mindmymind ("Mindmymind Trademarks"). Other trademarks or service marks displayed in the Services belong to their respective owners. You are not granted any license or right to use these marks without prior written consent. Any goodwill generated from the use of Mindmymind Trademarks will insure exclusively to our benefit.
6.2 THIRD-PARTY MATERIALS
We are not responsible for any content or materials provided by third parties, including other users of the Services. This includes any errors, omissions, or damages arising from third-party content. Although we are not obligated to do so, we reserve the right, at our sole discretion, to review and remove any content that violates these Terms or is otherwise objectionable.
You acknowledge that any reliance on third-party content is at your own risk, and it is your responsibility to evaluate the accuracy and reliability of such content.
6.3 USER CONTENT AND SUBMISSION
By uploading or submitting any content through the Services ("User Content"), you represent and warrant that you hold all rights, including copyrights and publicity rights, to the material. By submitting this content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, distribute, modify, perform, and display your User Content across various media, in connection with the Services and their promotion.
You also agree that any feedback, ideas, suggestions, or comments you provide to us ("Submissions") are non-confidential, and we are entitled to use and disseminate them for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
We reserve the right to preserve and disclose User Content as required by law, or when we believe that such action is necessary to:
(a) comply with legal obligations;
(b) enforce these Terms;
(c) protect our rights or the safety of users and the public; or
(d) address claims that User Content violates third-party rights.
6.4 COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied or used in a way that violates your copyright under EU law, please notify us by following the procedure outlined below.
Filing Complaint
To file a copyright complaint, please send a written notice to hello@mindmymind.com containing the following information:
1) A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
2) A description of the copyrighted work that you believe has been infringed.
3) A description of where the allegedly infringing material is located on our services (please include a specific link or location identifier).
4) Your contact information (name, address, phone number, and email address).
5) A statement from you, under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6) A statement from you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Once we receive your complete complaint, we will investigate and take appropriate action, which may include removing the allegedly infringing material or restricting access to it.
6.5 COUNTER-NOTICE
If you believe that your content was removed by mistake or as a result of misidentification, you may submit a counter-notice to hello@mindmymind.com
Your counter-notice must include the following information:
1) Your physical or electronic signature.
2) Identification of the content that was removed and the location where it appeared before it was removed.
3) A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of error or misidentification.
4) Your contact information (name, address, phone number, and email address) and a statement that you consent to the jurisdiction of the courts in your EU member state and will accept service of process from the party that submitted the original complaint.
6.6 REPEAT INFRINGER POLICY
In compliance with applicable EU law, we may, at our discretion, terminate or restrict access for users who are deemed repeat infringers of others' intellectual property rights. This action may be taken if a user consistently violates copyright laws or engages in activities that infringe the intellectual property rights of others.
7. MOBILE ACCESS AND FEATURES
7.1 Some of our Services are accessible through mobile devices, which include:
1) the ability to upload content using a mobile device,
2) browsing our Services and Website from your mobile device, and
3) accessing certain features via an app that you download and install on your mobile device (collectively referred to as the “Mobile Services”).
When you access the Services via a mobile device, be aware that your mobile carrier’s standard rates for data usage, messaging, and other charges may apply.
Furthermore, your mobile carrier may impose restrictions on downloading, installing, or using specific Mobile Services, and not all mobile devices or carriers may support these features. By utilizing the Mobile Services, you consent to receive communications from us or related entities via SMS, MMS, text messages, or other electronic means directly to your mobile device. You also acknowledge that we may collect certain information about your usage of these Mobile Services.
If you change or deactivate your mobile phone number, you agree to promptly update your account information to prevent your messages from being delivered to the person who acquires your old number.
8. PROHIBITED ACTIVITIES
8.1 You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
8.2 As a user of the Services, you are expected to adhere to the following guidelines at all times. Violations of these rules may result in restricted access or termination of your account.
1) Systematic Data Retrieval: Prohibit users from systematically retrieving data or other content from the Service to create or compile databases or similar collections without permission.
2) Trick, Defraud or Mislead: Prohibit any behavior intended to trick, defraud, or mislead other users, especially in attempts to access sensitive information like password, credit card information ect.
3) Circumvent Security Features: Forbid any attempt to bypass, disable or interfere with security features are strictly prohibited, particularly those designed to to protect the integrity of the service and its content from unauthorized access.
4) Harass, Abuse or Harm: Prevent the use of the AI assistant to harass, abuse or harm other users.
5) Unauthorized Use of Support Services: Ensure proper use of support services, prohibiting misuse, such as false reports or spam.
6) Interfere with Services: Prohibit any actions that could interfere with or create an undue burden on the apps network, potentially affecting the performance.
7) Passive Data Collection: Prevent users from uploading harmful scripts or tracking mechanisms that collect data from other users, such as cookies or spyware.
8) Bypassing Access Measures: Prohibit users to bypass measures that restrict access to certain parts of the app.
9) Reverse Engineering or Deciphering Software: Prohibit users from attempting to decompile, reverse engineer, or otherwise tamper with the app.
10) Other: Any activities or behaviors not explicitly mentioned above, but which similarly aim to misuse, exploit, or interfere with the integrity functionality, or security of the Services, are also strictly prohibited.
9. APP STORE AND GOOGLE PLAY STORE
9.1 These conditions apply when you access the Services through the iPhone app (available via the Apple App Store) or the Android app (available via the Google Play Store). The following specific terms are applicable to your use of these platforms:
Agreement Between You and The Company: You and The Company acknowledge that these Terms are strictly between you and The Company, not with Apple or Google. Neither Apple nor Google is responsible for the Application or its content.
License: We grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Application solely for personal, non-commercial purposes, in connection with the Services. This license is granted according to the terms stated herein.
Device Usage: The Application may only be used on Apple or Android devices that you own or control. Additionally, you must follow the usage guidelines set by Apple and Google’s terms of service.
Support and Maintenance: Any maintenance or support needs regarding the Application are The Company’s responsibility as outlined in these Terms. Apple and Google are not responsible for providing such services.
Warranty: If the Application fails to meet any warranty obligations, you may contact Apple or Google for a refund (if applicable). Beyond this refund, neither Apple nor Google will have any additional warranty obligations.
Handling Claims: The Company, not Apple or Google, is responsible for addressing any claims regarding the Application, including legal compliance or infringement of third-party intellectual property rights.
Third-Party Rights: Apple, Google, and their subsidiaries are recognized as third-party beneficiaries of these Terms. Upon accepting these Terms, Apple and Google have the right to enforce this agreement against you as third-party beneficiaries.
Additional Terms for Devices: If using the App with a VoIP service, you must comply with your wireless carrier's service agreement. Neither Apple nor Google will be liable for any violations of third-party agreements that arise from your use of the App.
App Distributor Limitations: Beyond providing a refund for the purchase price (if applicable), Apple and Google have no obligation.
10. THIRD PARTY WEBSITES
10.1 The Services may include links or provide access to external websites and resources on the Internet, either directly or via third parties. Since we do not have control over these external sites and resources, we are not responsible for them and do not endorse their content. You acknowledge and agree that we are not liable, either directly or indirectly, for any loss or damage that may result from your use of, or reliance on, any content, events, goods, or services offered by these external sites or resources. Any interactions or transactions you engage in with third parties found through the Services are strictly between you and the third party, and we accept no responsibility for any loss or claims you may have related to those interactions.
11. WARRANTY, INDEMNITY AND LIABILITY
11.1 INDEMNIFICATION
BY USING OUR SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MIND APP APS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS (COLLECTIVELY, "INDEMNITEES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, EXPENSES (INCLUDING REASONABLE LEGAL FEES), OR INJURIES (INCLUDING DEATH) THAT ARISE FROM OR RELATE TO: (I) YOUR USE OF THE SERVICES; (II) ANY CONTENT YOU UPLOAD OR SHARE THROUGH THE SERVICES; (III) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAWS; AND (IV) ANY VIOLATION OF THE RIGHTS OF ANOTHER PERSON OR ENTITY. HOWEVER, THIS OBLIGATION TO INDEMNIFY DOES NOT APPLY TO INSTANCES WHERE LOSSES, DAMAGES, OR EXPENSES ARISE SOLELY FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ANY OF THE INDEMNITEES.
11.2 DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE. FURTHERMORE, WE DO NOT WARRANT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
11.3 LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT MIND APP APS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM: (I) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR DATA; (II) STATEMENTS OR CONDUCT BY THIRD PARTIES ON THE SERVICE; OR (III) ANY OTHER ISSUES ARISING IN CONNECTION WITH THE SERVICES. OUR TOTAL LIABILITY TO YOU, REGARDLESS OF THE NATURE OF THE CLAIM, WILL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST 6 MONTHS UP TO THE DATE THE CLAIM ARISES.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. DISPUTE
12.1 Governing Law and Disputes These terms and conditions are governed by and shall be interpreted in accordance with Danish law. Any disputes involving Mind App ApS will be governed by and interpreted under Danish law. You agree to submit to the jurisdiction of the City Court of Copenhagen for the resolution of any such disputes.
12.2 Failure by the service provider to enforce any right or provision of these Terms does not constitute a waiver of the right or provision. If any provision is found invalid by the competent court, the parties agree that the court should aim to interpret the provision in a manner that reflects the original intention of the parties, and the remaining provisions of these Terms will remain in effect.
12.3 Any claims or complaints arising from the use of the Service or these Terms must be filed within one (1) year of the event, otherwise the right to bring such claims will be permanently barred.
13. OTHER CONDITIONS
13.1 Severability
If any provision of these terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
13.2 Changes
We reserve the right to modify these Terms at any time. Any changes will take effect upon posting the updated Terms within the Service. We will notify you of significant changes via email or through an in-app notification. Your continued use of the Service after such notification constitutes acceptance of the new Terms.
1. Introduction
Thank you for joining Mindmymind (“Company”, “we”, “us”, “our”), which also refers to Mind App ApS, incorporated in Denmark, and operating in Portugal.
We operate the website https://www.mindmymind.com (the “Site) and the mobile application Mindmymind on Android and iOS (the “App”), and all other related products and services that mention or link to these Legal Terms (Collectively referred to as the “Services”).
The term “device” refers to any equipment used to access the Service, including but not limited to computers, smartphone and tablets.
The term “you” refers to the user of the Services.
Please read these terms carefully before you start using the Services.
By signing up for any Service or by accessing or using the Service in any manner, you agree to adhere to these Terms and all relevant laws, rules, and regulation. Your use of the Service indicates that you have read, understood and agreed to comply with the Terms.
Not consenting to or agreeing with all the terms explicitly prevents you from using the service.
The Services are exclusively for users who are 18 years of age or older. Individuals under 18 are not allowed to access or register for the Services.
Questions regarding the Terms, as well as any other correspondence to Mindmymind, including inquiries about your use of the Services, must be directed to the following email: hello@mindmymind.com
1. OUR SERVICE
1.1 GENERAL
We are an innovative platform that integrates artificial intelligence with the 16 personality types to deliver a personalized coaching experience.
1.2 MEDICAL DISCLAIMER
The Company delivers software and content designed to improve your relationships and personal well-being through insights based on the 16 personality types and cognitive functions. However, we are not a healthcare or medical device provider, and our Services should not be interpreted as medical care, mental health services, or other professional services. Only a physician or other licensed healthcare professionals are qualified to provide such services.
Although third-party evidence from research suggests that certain techniques used by us can support personal growth and relationship improvement, we do not claim, represent, or guarantee that our Services provide therapeutic benefits.
1.3 EMERGENCIES
If you believe you are experiencing a medical or mental health emergency, please call your local emergency number, or visit the nearest open clinic or emergency room. If you are considering of committing suicide or feel you are in danger to yourself and others, you must stop using the Service immediately and contact your local emergency number or notify the appropriate police or emergency medical services.
2. MEMBERSHIP
2.1 MEMBERSHIP
To access and use the Service, you must register and create an account with us. If you choose to register for the Service, you agree to provide and maintain accurate, current and complete information about yourself as requested in the registration forms. Your registration data and other relevant information are managed in accordance with our Privacy Policy
To ensure optimal use of App, your smartphone or device needs to meet specific system specifications. You can find these requirements on our website or in the Apple App Store and Google Play Store.
2.2 RESPONSIBILITIES
Once registered, you are responsible for maintaining the confidentiality of your password and account details and bear full responsibility for any activities that occur under your account. Once registered you agree to the following:
1) Notify Us of any unauthorized use of your password or account or any other security breaches and
2) Ensure that you log out of your account at the end of each session. The Company is not liable for any loss or damage that may result from your failure to comply with the requirements.
By using the Services, you represent and warrant that:
1) All registration information you submit will be true, accurate, current, and complete.
2) You will maintain the accuracy of such information and promptly update your registration details as necessary.
3) You have the legal capacity and agree to comply with these Legal Terms.
4) You are not a minor in the jurisdiction in which you reside.
5) You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
6) You will not use the Services for any illegal or unauthorized purposes.
7) Your use of the Services will not violate any applicable law or regulation.
If any of the information you provide is incorrect, misleading, outdated, or incomplete, we may suspend or terminate your account and block your access to the Services, both now and in the future (or to specific parts of the Services).
2.3 MEMBERSHIP
When you register, you agree to become a Member of Mindmymind. As a Member you gain access to exclusive content, features, and functionalities of the Services not available to non-members. Please note that Mindmymind memberships and subscriptions are non transferable and cannot be sold, exchanged or transferred in any manner.
You can always unsubscribe from Our marketing emails by following the opt-out instructions provided in the emails.
3. SUBSCRIPTIONS
3.1 SUBSCRIPTION OPTIONS
As a Member of Mindmymind, you initially gain access to the Service at no cost, with the option to upgrade to a subscription plan for enhanced features:
1) Basic access: Upon registration, users are given free access to a limited range of the Service. To unlock full access and additional features, users must obtain a subscription to a paid plan.
2) Premium Membership: This is a paid subscription that grants complete access to all available features and services. Members can select their preferred subscription option and complete the payments through their app store provider (such as the Apple App Store or Google Play Store)
3.2 MAINTAINING YOUR PAID MEMBERSHIP
Paid subscriptions are billed on a monthly or annual basis, processed through the App marketplace you originally acquired the subscription. You will only have access to the Premium Membership while your subscription is active and payments are current. If your payment is overdue by more than 30 days, your account will be suspended, and you will no longer have access to the Services until the payments are settled.
Subscription renewals will be automatically charged to your chosen payment method until canceled. To avoid being billed for the next period, you must cancel the subscription before the renewal date. Refunds are not available for unused portions of the subscriptions period.
To view, modify or cancel your subscription, you must do so through the marketplace (Apple App store, Google Play) where the subscription was purchased. You may need to authenticate with the same ID.
3.3 REFUND POLICY
If you purchase a subscription through the Apple App Store or Our phone app, all sales are final, and refunds will not be provided. Purchases are subject to Apple’s payment policies, which may not allow refunds.
Similarly, subscriptions acquired through the Google Play Store are final and non-refundable, in accordance with Google’s payment policies. If you purchase a subscription through our website (via Stripe, PayPal, or another payment processor), the sale is final, and no refunds will be issued.
Please note that the 14-day refund policy for EU residents does not apply to the digital services provided by the Company.
4. CONDITION OF USE
4.1 USER CONDUCT
As a user, you are fully responsible for all content you upload, post, or share through the Services, including but not limited to text, images, videos, or other materials. All contributions must adhere to the following guidelines, and any violation may result in the removal of content, suspension or termination of your account, and possible legal action:
1) Responsibility for Content: You are solely responsible for any materials (“content”) that you upload, post, publish, display, or otherwise use via the Services. This includes ensuring that your contributions do not violate any third-party rights or applicable laws.
2) Originality and Ownership: You must be the original creator or have the necessary licenses, rights, consents, and permissions to use the content you upload. Your contributions must not infringe on any intellectual property rights (e.g., copyright, patent, trademark) or other proprietary rights of any third party.
3) Consent for Personal Information: If your contributions include identifiable individuals, you must have their written consent or permission to use their name, likeness, or any personal information in the manner contemplated by the Services and these Legal Terms.
4) Truthful and Accurate Information: All contributions must be true, accurate, current, and not misleading.
5) No Unauthorized Promotions: You are prohibited from uploading or distributing unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other forms of solicitation.
6) No Objectionable Content: Contributions must not be obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable. You are also prohibited from uploading content that ridicules, mocks, intimidates, or abuses anyone.
7) No Harassment or Threats: Contributions must not be used to harass or threaten any other person or promote violence against individuals or groups based on race, national origin, gender, sexual orientation, disability, or any other characteristic.
8) Respect for Privacy and Publicity Rights: Contributions must not violate the privacy or publicity rights of any third party.
9) Compliance with Applicable Laws: You agree to comply with all local, EU, and U.S. laws and regulations regarding your use of the Services, including those concerning online conduct, intellectual property, and acceptable content.
10) No Child Exploitation: Contributions must not violate any laws concerning child pornography or content that could harm the welfare of minors.
11) No Offensive Remarks: Contributions must not contain offensive or discriminatory comments related to race, ethnicity, gender, sexual orientation, or physical or mental disability.
12) No Fraudulent Activities: You must not use the Services to commit fraud, impersonate another person or entity, or misrepresent your affiliation with a person or entity.
13) Prohibition of Harmful Software: You must not upload or distribute any software viruses or malicious code that can interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment.
14) No Interference with the Services: You may not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Any breach of these rules will be subject to investigation, and appropriate legal action may be taken, including reporting violations to law enforcement authorities if necessary. In addition to removing the offending content, we may suspend or terminate your account without prior notice.
4.2 COMPLIANCE WITH LOCAL, EU, AND U.S. LAWS
As a user, you are responsible for adhering to all applicable laws and regulations in your local jurisdiction, as well as those within the European Union (EU) and the United States (U.S.), where relevant. This includes complying with rules concerning online behavior, acceptable content, and data privacy, such as GDPR within the EU.
If any software is associated with the Services, it may be subject to U.S. export laws and regulations. This means that downloading or using the software in violation of U.S. export controls, including in restricted countries or by individuals on U.S. government sanctions lists, is strictly prohibited.
By using the Services, you agree to comply with all relevant local, EU, and U.S. laws regarding your use of the software and any related data transmissions.
4.3 COMMERCIAL USE
The Services are intended for personal use only. You are not permitted to reproduce, distribute, sell, or exploit any part of the Services for commercial purposes unless expressly authorized.
4.4 USE OF SERVICES BY MINORS
The Services are not intended for individuals under the age of 18. If you are under 18, you are prohibited from using the Services, with or without an account.
5. TERMINATION
5.1 BY US
We reserve the right to suspend or terminate your account if we find that you have engaged in fraudulent activity or violated any terms outlined in this agreement. Such actions may occur immediately and without prior notice.
If your account is terminated or suspended for any reason, you are strictly prohibited from registering a new account under your own name, a false or borrowed name, or the name of any third party, even if you are acting on their behalf. In addition to suspending or terminating your account, we also reserve the right to take legal action, including pursuing civil, criminal, or injunctive remedies.
5.2 BY YOU
You have the option to cancel your membership at any time by deleting your account within the app. Please be aware that this action is irreversible, and all data associated with your use of the Services will be permanently deleted. Once your account is deleted, any paid subscription will remain active until the end of the current billing period, at which point the cancellation will take effect.
If your subscription was purchased through the App Store, you can cancel the automatic renewal by managing your subscriptions in your Apple ID settings. For subscriptions made via the Google Play Store, you can cancel automatic renewals in your account settings under "Subscriptions" within the Google Play app, or by following Google's current cancellation process.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 SERVICE CONTANT, SOFTWARE AND TRADEMARKS
You acknowledge and agree that the Services may include content and features ("Service Content") that are protected by various intellectual property laws, including but not limited to copyright, patent, trademark, and trade secret laws. Unless expressly authorized by us, you may not modify, reproduce, distribute, create derivative works from, rent, lease, loan, sell, or exploit any part of the Services or Service Content. This restriction does not apply to your own User Content (as defined in these terms), which you have legally uploaded to the Services.
You further agree not to engage in any form of data mining, scraping, or similar data gathering or extraction practices in connection with your use of the Services. Additionally, if your access to the Services is restricted or blocked (e.g., by IP address blocking), you agree not to attempt to circumvent these restrictions by means such as IP masking or the use of proxy services.
The software and technology underlying the Services, or made available in connection with the Services, are owned by us, our affiliates, and our partners. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of this software. All rights not explicitly granted to you under these Terms remain with us.
The Company's name, logo, and related trademarks are the exclusive property of Mindmymind ("Mindmymind Trademarks"). Other trademarks or service marks displayed in the Services belong to their respective owners. You are not granted any license or right to use these marks without prior written consent. Any goodwill generated from the use of Mindmymind Trademarks will insure exclusively to our benefit.
6.2 THIRD-PARTY MATERIALS
We are not responsible for any content or materials provided by third parties, including other users of the Services. This includes any errors, omissions, or damages arising from third-party content. Although we are not obligated to do so, we reserve the right, at our sole discretion, to review and remove any content that violates these Terms or is otherwise objectionable.
You acknowledge that any reliance on third-party content is at your own risk, and it is your responsibility to evaluate the accuracy and reliability of such content.
6.3 USER CONTENT AND SUBMISSION
By uploading or submitting any content through the Services ("User Content"), you represent and warrant that you hold all rights, including copyrights and publicity rights, to the material. By submitting this content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, distribute, modify, perform, and display your User Content across various media, in connection with the Services and their promotion.
You also agree that any feedback, ideas, suggestions, or comments you provide to us ("Submissions") are non-confidential, and we are entitled to use and disseminate them for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
We reserve the right to preserve and disclose User Content as required by law, or when we believe that such action is necessary to:
(a) comply with legal obligations;
(b) enforce these Terms;
(c) protect our rights or the safety of users and the public; or
(d) address claims that User Content violates third-party rights.
6.4 COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied or used in a way that violates your copyright under EU law, please notify us by following the procedure outlined below.
Filing Complaint
To file a copyright complaint, please send a written notice to hello@mindmymind.com containing the following information:
1) A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
2) A description of the copyrighted work that you believe has been infringed.
3) A description of where the allegedly infringing material is located on our services (please include a specific link or location identifier).
4) Your contact information (name, address, phone number, and email address).
5) A statement from you, under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6) A statement from you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Once we receive your complete complaint, we will investigate and take appropriate action, which may include removing the allegedly infringing material or restricting access to it.
6.5 COUNTER-NOTICE
If you believe that your content was removed by mistake or as a result of misidentification, you may submit a counter-notice to hello@mindmymind.com
Your counter-notice must include the following information:
1) Your physical or electronic signature.
2) Identification of the content that was removed and the location where it appeared before it was removed.
3) A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of error or misidentification.
4) Your contact information (name, address, phone number, and email address) and a statement that you consent to the jurisdiction of the courts in your EU member state and will accept service of process from the party that submitted the original complaint.
6.6 REPEAT INFRINGER POLICY
In compliance with applicable EU law, we may, at our discretion, terminate or restrict access for users who are deemed repeat infringers of others' intellectual property rights. This action may be taken if a user consistently violates copyright laws or engages in activities that infringe the intellectual property rights of others.
7. MOBILE ACCESS AND FEATURES
7.1 Some of our Services are accessible through mobile devices, which include:
1) the ability to upload content using a mobile device,
2) browsing our Services and Website from your mobile device, and
3) accessing certain features via an app that you download and install on your mobile device (collectively referred to as the “Mobile Services”).
When you access the Services via a mobile device, be aware that your mobile carrier’s standard rates for data usage, messaging, and other charges may apply.
Furthermore, your mobile carrier may impose restrictions on downloading, installing, or using specific Mobile Services, and not all mobile devices or carriers may support these features. By utilizing the Mobile Services, you consent to receive communications from us or related entities via SMS, MMS, text messages, or other electronic means directly to your mobile device. You also acknowledge that we may collect certain information about your usage of these Mobile Services.
If you change or deactivate your mobile phone number, you agree to promptly update your account information to prevent your messages from being delivered to the person who acquires your old number.
8. PROHIBITED ACTIVITIES
8.1 You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
8.2 As a user of the Services, you are expected to adhere to the following guidelines at all times. Violations of these rules may result in restricted access or termination of your account.
1) Systematic Data Retrieval: Prohibit users from systematically retrieving data or other content from the Service to create or compile databases or similar collections without permission.
2) Trick, Defraud or Mislead: Prohibit any behavior intended to trick, defraud, or mislead other users, especially in attempts to access sensitive information like password, credit card information ect.
3) Circumvent Security Features: Forbid any attempt to bypass, disable or interfere with security features are strictly prohibited, particularly those designed to to protect the integrity of the service and its content from unauthorized access.
4) Harass, Abuse or Harm: Prevent the use of the AI assistant to harass, abuse or harm other users.
5) Unauthorized Use of Support Services: Ensure proper use of support services, prohibiting misuse, such as false reports or spam.
6) Interfere with Services: Prohibit any actions that could interfere with or create an undue burden on the apps network, potentially affecting the performance.
7) Passive Data Collection: Prevent users from uploading harmful scripts or tracking mechanisms that collect data from other users, such as cookies or spyware.
8) Bypassing Access Measures: Prohibit users to bypass measures that restrict access to certain parts of the app.
9) Reverse Engineering or Deciphering Software: Prohibit users from attempting to decompile, reverse engineer, or otherwise tamper with the app.
10) Other: Any activities or behaviors not explicitly mentioned above, but which similarly aim to misuse, exploit, or interfere with the integrity functionality, or security of the Services, are also strictly prohibited.
9. APP STORE AND GOOGLE PLAY STORE
9.1 These conditions apply when you access the Services through the iPhone app (available via the Apple App Store) or the Android app (available via the Google Play Store). The following specific terms are applicable to your use of these platforms:
Agreement Between You and The Company: You and The Company acknowledge that these Terms are strictly between you and The Company, not with Apple or Google. Neither Apple nor Google is responsible for the Application or its content.
License: We grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Application solely for personal, non-commercial purposes, in connection with the Services. This license is granted according to the terms stated herein.
Device Usage: The Application may only be used on Apple or Android devices that you own or control. Additionally, you must follow the usage guidelines set by Apple and Google’s terms of service.
Support and Maintenance: Any maintenance or support needs regarding the Application are The Company’s responsibility as outlined in these Terms. Apple and Google are not responsible for providing such services.
Warranty: If the Application fails to meet any warranty obligations, you may contact Apple or Google for a refund (if applicable). Beyond this refund, neither Apple nor Google will have any additional warranty obligations.
Handling Claims: The Company, not Apple or Google, is responsible for addressing any claims regarding the Application, including legal compliance or infringement of third-party intellectual property rights.
Third-Party Rights: Apple, Google, and their subsidiaries are recognized as third-party beneficiaries of these Terms. Upon accepting these Terms, Apple and Google have the right to enforce this agreement against you as third-party beneficiaries.
Additional Terms for Devices: If using the App with a VoIP service, you must comply with your wireless carrier's service agreement. Neither Apple nor Google will be liable for any violations of third-party agreements that arise from your use of the App.
App Distributor Limitations: Beyond providing a refund for the purchase price (if applicable), Apple and Google have no obligation.
10. THIRD PARTY WEBSITES
10.1 The Services may include links or provide access to external websites and resources on the Internet, either directly or via third parties. Since we do not have control over these external sites and resources, we are not responsible for them and do not endorse their content. You acknowledge and agree that we are not liable, either directly or indirectly, for any loss or damage that may result from your use of, or reliance on, any content, events, goods, or services offered by these external sites or resources. Any interactions or transactions you engage in with third parties found through the Services are strictly between you and the third party, and we accept no responsibility for any loss or claims you may have related to those interactions.
11. WARRANTY, INDEMNITY AND LIABILITY
11.1 INDEMNIFICATION
BY USING OUR SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MIND APP APS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS (COLLECTIVELY, "INDEMNITEES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, EXPENSES (INCLUDING REASONABLE LEGAL FEES), OR INJURIES (INCLUDING DEATH) THAT ARISE FROM OR RELATE TO: (I) YOUR USE OF THE SERVICES; (II) ANY CONTENT YOU UPLOAD OR SHARE THROUGH THE SERVICES; (III) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAWS; AND (IV) ANY VIOLATION OF THE RIGHTS OF ANOTHER PERSON OR ENTITY. HOWEVER, THIS OBLIGATION TO INDEMNIFY DOES NOT APPLY TO INSTANCES WHERE LOSSES, DAMAGES, OR EXPENSES ARISE SOLELY FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ANY OF THE INDEMNITEES.
11.2 DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE. FURTHERMORE, WE DO NOT WARRANT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
11.3 LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT MIND APP APS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM: (I) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR DATA; (II) STATEMENTS OR CONDUCT BY THIRD PARTIES ON THE SERVICE; OR (III) ANY OTHER ISSUES ARISING IN CONNECTION WITH THE SERVICES. OUR TOTAL LIABILITY TO YOU, REGARDLESS OF THE NATURE OF THE CLAIM, WILL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST 6 MONTHS UP TO THE DATE THE CLAIM ARISES.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. DISPUTE
12.1 Governing Law and Disputes These terms and conditions are governed by and shall be interpreted in accordance with Danish law. Any disputes involving Mind App ApS will be governed by and interpreted under Danish law. You agree to submit to the jurisdiction of the City Court of Copenhagen for the resolution of any such disputes.
12.2 Failure by the service provider to enforce any right or provision of these Terms does not constitute a waiver of the right or provision. If any provision is found invalid by the competent court, the parties agree that the court should aim to interpret the provision in a manner that reflects the original intention of the parties, and the remaining provisions of these Terms will remain in effect.
12.3 Any claims or complaints arising from the use of the Service or these Terms must be filed within one (1) year of the event, otherwise the right to bring such claims will be permanently barred.
13. OTHER CONDITIONS
13.1 Severability
If any provision of these terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
13.2 Changes
We reserve the right to modify these Terms at any time. Any changes will take effect upon posting the updated Terms within the Service. We will notify you of significant changes via email or through an in-app notification. Your continued use of the Service after such notification constitutes acceptance of the new Terms.
