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Terms and Conditions

Thank you for supporting our mission to elevate mental wellness across the world!

Overview

These Terms and Conditions (the "Terms") govern your access to and use of Mindwell (the "App"), a digital product provided by Mindwell World LLC ("Mindwell," "we," "us," or "our").

By accessing or using the App, you agree to these Terms. If you do not agree with these Terms, do not access or use the App.

Terms

1. Acceptance of Terms

By accessing or using the App, you agree to these Terms. If you do not agree, do not use the App.

2. What is the App?

The App provides tools for personal growth and mental wellness. Tools may include journaling, mood tracking, prompts, AI chats, AI-generated insights, and more. Our tools are for general use and are not intended as a substitute for professional medical, psychological, or therapeutic advice. If you think you may be in danger or need urgent help, contact local emergency services right away.

3. Who can use Mindwell?

The App is intended for users aged 13 and older. If you are under the age of majority in your jurisdiction, you must have the consent of a parent or legal guardian to use the App.

4. Updates to App and Terms

We may update the App or these Terms over time. Continued use of the App after any changes constitutes your acceptance of the updated Terms.

5. User Accounts

To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity associated with your account.

6. In-App Purchases and Subscriptions

Certain features may require payment through in-app purchases or subscriptions. All transactions are managed by third-party platforms including Apple App Store, Google Play Store, and Stripe. You are responsible for managing your subscription preferences directly with the platform. Refunds and cancellations are subject to the policies of the respective platform.

Manage billing and subscriptions, including after deleting your Mindwell account.

7. User Content and Data Usage

You retain full ownership of the content you create or upload to the App, including journal entries, mood logs, voice memos, images, and more ("User Content"). We do not claim ownership of your User Content. We do not sell your data.

By using the App, you grant Mindwell World LLC a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use your User Content solely to operate, improve, and enhance Mindwell and related services, as well as supporting the broader business operations of Mindwell World LLC.

This includes, but is not limited to, the following purposes:

  • Delivering personalized insights, prompts, summaries, suggestions, features, and chats, some of which require artificial intelligence (AI).
  • Processing content through third-party AI providers and/or proprietary models. We use OpenAI and Google Gemini for AI processing and do not plan to use other AI providers. We use PhotoDNA and Google Cloud Vision to detect and prevent illegal content.
  • Improving and training AI/ML models with aggregated or de-identified data.
  • Analyzing behavioral trends to guide feature development and improve the App.
  • Producing anonymized reports or statistics for research, business development, or marketing.
  • Keeping the App safe and secure, and meeting legal requirements.

You may revoke this license at any time by deleting your account and requesting data deletion, subject to our retention obligations described in our Privacy Policy.

Human Review

Human review of content is limited to exceptional cases, such as support requests, investigating abuse, fraud, or security issues, or complying with legal obligations. We intend to rely on automated and AI systems as much as possible.

Share Feature

If you choose to publish or share something publicly, you understand that shared content may be viewable by others and may be reshared outside our control.

8. Rules and Moderation

When using the App, you agree not to:

  • Break the law while using the App including violating intellectual property, privacy, or other rights
  • Upload content you don't have the right to share
  • Harass, threaten, exploit, or harm others
  • Upload or share sexual content involving minors (CSAM)
  • Upload or share content that is excessively violent, gory, or intended to shock or harm
  • Attempt to hack, scrape, reverse engineer, spam, or overload the App
  • Upload malware or try to bypass security
  • Use bots, scripts, automation, or scraping to access the App
  • Bypass paywalls, usage limits, moderation systems, or other restrictions
  • Probe, scan, or test the App for vulnerabilities
  • Modify, reverse engineer, decompile, or attempt to extract source code, models, prompts, or system logic
  • Interfere with the App's normal operation (including spamming, flooding requests, or trying to overload our systems)

Automated Moderation and Enforcement

We use a mix of automated systems and user reports to help enforce these rules. Automated checks may include hash-matching and automated detection for illegal content (including CSAM) and other prohibited content.

We have zero tolerance for CSAM. If we detect or suspect CSAM, we may immediately remove the content, suspend or permanently ban the account, preserve relevant records, and report to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement, where required or appropriate. We may also use automated reporting workflows for these reports.

Reports and Sharing Limits

If content is reported or flagged, we may review it and take action. Repeated or severe violations can lead to restrictions, content removal, account suspension, or permanent bans.

No Abuse, Bots, or Tampering

We may throttle, block, suspend, restrict features, or ban accounts suspected of abuse, using bots, tampering, or other violations.

Our Rights

We can remove content or restrict accounts that we deem violate our rules or create risk for users at any time and at our discretion.

9. Third Party Services

Mindwell uses third-party services for things like cloud hosting, payments, analytics, and AI. Those services may have their own terms, and you agree to follow them where applicable.

10. Data Retention

We retain data only as long as necessary to provide the Service and fulfill legal obligations. Deleted accounts are processed within 90 days, unless otherwise required by law.

11. AI-Generated Content

The App provides suggestions, insights, and content generated by AI. These are for informational and general purposes only. AI content may occasionally be incorrect, biased, or inappropriate. You are responsible for how you interpret or act upon AI-generated content.

12. AI Training and Model Safety

Your content may be used (in anonymized or aggregated form) to improve proprietary AI models. We enforce strict safeguards to limit exposure of personally identifiable information and ensure ethical AI use.

13. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.

14. No Warranties

We provide the App "as is" and "as available." We do not promise the App will be uninterrupted or error free.

15. Limitation of Liability

The App and all content are provided "as is" without warranties of any kind. We are not liable for any damages, including but not limited to data loss, service interruptions, or adverse outcomes resulting from use of the App or reliance on AI-generated content.

16. Indemnity

You agree to indemnify and hold harmless Mindwell World LLC and its affiliates, directors, employees, and agents from any claims, damages, or expenses arising from your use of the App, your User Content, or your violation of these Terms.

17. Suspension and Termination

We reserve the right to suspend or terminate your access to the App at any time for violating these Terms, engaging in misuse, or create risk for others or the platform.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

19. Dispute Resolution and Arbitration

You agree that any dispute arising out of or relating to these Terms or the App will first be attempted to be resolved informally and if that doesn't work, through binding arbitration. You waive the right to participate in a class action or class-wide arbitration. You may opt out of arbitration by notifying us in writing within 30 days of first agreeing to these Terms.

Informal Resolution

Before filing a claim, you agree to contact us and describe the issue so we can try to resolve it informally. To contact us, send an e-mail to [email protected] with "Legal Notice" in the subject line and a clear description of the dispute and what you want.

Arbitration

If we can't resolve the dispute informally within 60 days, you and Mindwell agree to resolve disputes through binding individual arbitration instead of court, administered by the American Arbitration Association under its consumer procedures, unless the law requires otherwise. This arbitration agreement is governed by the U.S. Federal Arbitration Act.

Opt Out

You can opt out of arbitration by emailing [email protected] within 30 days of the date you first accept these Terms, with your name, the email tied to your account, and a clear statement that you want to opt out of arbitration. If you opt out, the rest of these Terms still apply.

20. Contact Us

For questions, concerns, or legal notices, please contact us at: