AGREEMENT TO OUR LEGAL TERMS
We are MindSee OÜ (“MindSee”, “Company”, “we”, “us”, “our”), an Estonian company with registry code 16731071 and address Raua 1-6, 10124, Harju county, Estonia.
We operate the website https://minds.ee (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by email at firstname.lastname@example.org.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and MindSee, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
TABLE OF CONTENTS
- 1. OUR SERVICES
- 2. INTELLECTUAL PROPERTY RIGHTS
- 3. USER REPRESENTATIONS
- 4. USER REGISTRATION
- 5. PROHIBITED ACTIVITIES
- 6. PAYMENTS AND CANCELLATIONS
- 7. USER CONTENT
- 9. TERM AND TERMINATION
- 10. MODIFICATIONS AND INTERRUPTIONS
- 11. GOVERNING LAW
- 12. DISPUTE RESOLUTION
- 13. CORRECTIONS
- 14. DISCLAIMER
- 15. LIMITATIONS OF LIABILITY
- 16. USER DATA
1. OUR SERVICES
MindSee is an AI-based chatbot that provides emotional support and a safe space to express your thoughts anonymously.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
MindSee is a provider of software and content designed to improve your emotional well-being. However, we are not a healthcare or medical device provider, nor should our Services be considered medical care, mental health services, or other professional services. Only your physician or other healthcare providers can do that. This Service is not intended to diagnose, treat, cure, or prevent any mental health problem nor acts as a substitute for a psychologist. Please visit a professional psychologist if you feel the need for it.
Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call or go to the nearest open clinic or emergency room.
If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call or notify appropriate police or emergency medical personnel.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Your use of our Services
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: email@example.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
By directly sending us any questions, suggestions, ideas, comments, feedback, or other information about the Services (“Submission”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload. By sending us Submissions through any part of the Services you:
- Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- Warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submission and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you affirm that you:
- Have the legal capacity to agree and comply with these Legal Terms.
- Are not considered a minor in your jurisdiction.
- Will not access the Services via automated means, such as bots or scripts.
- Will not use the Services for any illegal or unauthorized purposes.
- Will ensure your use of the Services does not violate any laws or regulations.
If any information you provide is found to be untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and block all current or future use of the Services.
4. USER REGISTRATION
Registration may be necessary to access certain Services. You are responsible for maintaining the confidentiality of your password and will be liable for all activities under your account. We may modify or remove any username that is deemed inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that 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.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from the Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating endeavor or commercial enterprise.
6. PAYMENTS AND CANCELLATIONS
MindSee offers a Premium Subscription Plan to our users (“Premium”). By selecting the Premium, you agree to pay the fees as indicated, subject to the terms and conditions herein.
You agree to pay all the charges at the prices in the effect for your purchases. Subscriptions will be automatically renewed until subscription is cancelled before the end of the current period. It is the user’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to your payment being processed. Payments may be subject to applicable currency exchange rates. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
You may cancel your Premium at any time via your user account settings. Your cancellation will take effect at the end of the current paid term. All payments are non-refundable.
If you are unsatisfied with out Services, please email us at firstname.lastname@example.org
7. USER CONTENT
Some areas of the Service may, either now or later, allow users to post content such as chat content, videos, comments, questions, and other content or any such materials a user submits, posts, displays, or otherwise makes available on the Service ("User Content"). We claim no ownership rights over User Content created by you; the User Content you create remains yours. However, by sharing User Content through the Service, You agree to allow us, authorised institutions or other authorised persons (in accordance with your settings and this Agreement) to view, edit, and/or share your User Content. MindSee has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post or transmit User Content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
- May create a risk or any other loss or damage to any person or property;
- Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- May constitute or contribute to a crime or tort;
- Contains any content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- Contains any content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets);
- Contains any content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
- Contains any content that You know is not correct and current;
- Violates any school, institution or other applicable policy, including those related to cheating or ethics;
- Interferes with other users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;
- Except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
9. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use the services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete any content or information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to or any third party for any modifications, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We will endeavor to provide reasonable notice for any planned disruptions. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
11. GOVERNING LAW
MindSee is controlled from its office in Estonia. You agree that access to, or use of, the Services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Service. We make no representation that the information contained herein is appropriate or available for use in other locations; Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated
12. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before submitting to the exclusive jurisdiction. Such informal negotiations commence upon written notice from one Party to the other Party.
Governing Law and Jurisdiction
Any dispute arising in connection with these Legal Terms, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Harju County Court (Harju Maakohus) in Estonia.
All aspects of the jurisdiction proceeding, will be strictly confidential for the benefit of all parties.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
The Services are provided on an as-is and as-available basis. You agree that your use of The Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with The Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness or a particular purpose, and non-infringement, we make no warranties or representations about the accuracy of completeness of The Services' content or the content of any websites linked to the service and we will assume no liability or responsibility for any (1) errors, mistakes or inaccuracies of content and materials, (2) personal injury of property damage, of any nature whatsoever, resulting from your access to and use of The Services, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from The Services, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through The Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any incurred as a result of the use of any content posted, transmitted, or otherwise made available via The Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through The Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
15. LIMITATIONS OF LIABILITY
In no event will we our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.
16. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.