Terms of Use

Last updated: July 9th, 2026

These Terms of Use (“Terms”) are an agreement formed between you and Mindflow AI Inc. These Terms cover your use of Mindflow AI (sometimes referred to as “we” or “us”), our website available at mindflowai.app (the “Website”), the Mindflow AI mobile application (the “App”), and any content, tools, features, and functionality offered through the Website or the App (collectively, “Services”).

INTENDED USE AND DISCLAIMERS

Acceptance of the Terms.

These Terms govern your access to and use of the Services and should be read carefully, as they include important information regarding your legal rights. By accessing or using the Services, you are agreeing to these Terms and all applicable laws, rules, and regulations. By agreeing to these Terms, Mindflow AI grants you a non-exclusive, non-transferable, revocable license to use the Services. If you do not understand or agree to these Terms, you are not permitted to use these Services.

In these Terms, “you” and “your” refer to the user of these Services. If you use these Services on behalf of a company or other entity, then “you” includes you and that entity. In such case, you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration. That means you also waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained below in the section entitled “Dispute Resolution By Binding Arbitration.”

Registration Eligibility and Obligations.

Upon your registration to use the Services, you agree to provide accurate and complete information about yourself. The Service is not intended for use by children under 13 years old. By using the Service, you confirm that you meet this age requirement. If you are under 13 years old OR if you are under 16 years old and a citizen or resident in the European Economic Area (EEA) or the United Kingdom (UK), you are not authorized to use the Services and must not register to use them.

Member Account, Password, and Security.

You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify Mindflow AI of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Services. Mindflow AI memberships and subscriptions are not transferable and therefore cannot be sold, exchanged, or transferred in any way. Mindflow AI will not be liable for any loss or damage arising from your failure to comply with this provision.

Medical Disclaimer.

Mindflow AI is not a provider of healthcare, medical devices, medical diagnosis, medical treatment, mental health services, therapy, counseling, or other professional services, nor should it be considered a replacement of such. We make no claims, representations, or guarantees that the Services provide any medical, psychological, or therapeutic benefit. Neither has Mindflow AI been evaluated or approved by the FDA or any other comparable and relevant regulator. Use of the Services does not create a doctor-patient, therapist-client, or any other privileged or professional relationship.

Emergency Disclaimer.

The Service is not intended for use during emergencies. If you think you have a medical or mental health emergency, call your local emergency number (e.g. 911 in the U.S.) or visit 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 your local emergency number (e.g. 911 in the U.S.), call the Suicide & Crisis Lifeline (e.g. 988 in the U.S.), or notify appropriate police or emergency medical personnel.

All Generated Content should be used at your own discretion. Generated Content may be inaccurate, incomplete or not applicable to your situation; you should independently evaluate any guidance before relying on it.

Electronic Communications and Notifications.

You consent to receive notifications from us electronically to the email address you provide to us. These notifications may be about your account, changes to the Service, or other updates or marketing related to the Service. By creating an account, you may receive occasional special offers, marketing, survey, and Service-based communication emails. You may unsubscribe from Mindflow AI commercial emails by following the opt-out instructions within such emails or by updating your account preferences.

Downloading, installing, or using certain Services may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using our Services, you agree that we may communicate with you regarding Mindflow AI and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us.

In the event you change or deactivate your mobile telephone number, you agree to promptly update your Mindflow AI account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge that Mindflow AI is not liable for any consequences that result from your failure to comply with this provision.

MEMBERSHIP & SUBSCRIPTIONS

Subscriptions.

Certain features of Mindflow AI are available through paid subscriptions (“Paid Features”). As a registered user, you can choose one of the subscription programs offered in Mindflow AI:

(i) “Free Use”: a free-of-charge program, which gives limited access to the Services. We reserve the right to deny the free use to anyone at any time at our own discretion.
(ii) “Paid Use”: a subscription-fee based program, which gives full access to premium features.

Mindflow AI offers paid subscription programs, which are available for selection in the App. Subscriptions are billed in monthly or annual installments. Payment will be charged to the app store account you used to make the purchase (e.g., your Apple ID or Google Play account) upon confirmation of the purchase and will be processed by the applicable payment processor (e.g., Apple or Google). All prices and subscription programs are subject to change, with or without notice, at Mindflow AI's sole discretion.

Refund requests are handled via the payment processor through which you purchased your subscription. When you make a purchase, we and our service providers may collect information related to the transaction (such as the subscription purchased, its status, and how much of a subscription period has been used) and may share that information with the applicable payment processor as needed to administer your subscription, including responding to billing inquiries and refund requests. This processing is necessary to complete your purchase and provide the Services.

You will only have access to features available through paid subscription while the subscription is active and subsisting. Should you fail to pay your subscription, you will automatically downgrade to Free Use.

The renewal subscription fees will continue to be billed to the Payment Method you provided to access Paid Features automatically until canceled. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to the Payment Method you provided.

Billing.

If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method, to the applicable payment processor. For paid subscriptions, your payment method will be automatically charged by the applicable payment processor on each agreed-upon periodic renewal until you cancel. You are responsible for all applicable taxes, which will be charged when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Cancellation.

You can cancel your paid subscriptions at any time. These Terms do not override any mandatory local laws regarding your cancellation rights.

Changes.

We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase. Please note the features and functionality of our paid Services are often dynamic and may be subject to change at any time without prior notice.

CONDITIONS OF USE

Use of the App.

Mindflow AI provides AI-powered voice recognition technology to process your conversations. By using these features, you understand and agree that:

(i) Your voice interactions will be processed by third-party voice recognition technology.
(ii) Voice data is converted to text and stored for ongoing personalization and improvement of your experience.
(iii) Information shared during any conversations may be retained to provide personalized support.
(iv) We implement security measures to protect your data, but no method of transmission or storage is 100% secure.
(v) Do not use the App while driving or performing activities that require your full attention.

General Practices Regarding Use and Storage.

You acknowledge that Mindflow AI may establish general practices and limits concerning use of the Services. These include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Mindflow AI’s servers on your behalf. You agree that Mindflow AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that Mindflow AI reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Mindflow AI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You acknowledge that Mindflow AI reserves the right to temporarily, permanently, or indefinitely modify or discontinue our Services with or without notice. You agree that Mindflow AI will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, your use, or your access to our Services.

User Conduct.

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, or display (“submit”), email, or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Mindflow AI. You agree not to submit any content that:

(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to submit under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses a privacy or security risk to any person, including without limitation, by instruction, training, or configuring the AI to generate content depicting, describing, or simulating any identifiable real person without their consent;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, or bullying;
(vii) is excessively violent or depicts realistic serious violence against a person or animal in graphic detail;
(viii) is defamatory, libelous, or verifiably false with the purpose of harming others;
(ix) constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics;
(x) is obscene, vulgar, or pornographic;
(xi) constitutes sexual harassment;
(xii) constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
(xiii) glorifies or provides instructions for self-harm, including self-injury, suicide, or eating disorders, including extreme fitness and/or body shaming content;
(xiv) promotes terrorism or violent extremism;
(xv) furthers or promotes criminal activity;
(xvi) seeks to buy or sell illegal drugs;
(xvii) facilitates fully automated decision making that adversely impacts a person’s legal rights or creates a binding, enforceable obligation;
(xviii) seeks to provide medical, legal, financial or tax advice;
(xix) interferes with or disrupts the Services or servers or networks connected to the Services;
(xx) interferes with or appropriates any person’s right of publicity by using their name, likeness or persona (a) without permission and (b) outside a permissible context such as non-commercial parody or public commentary; or
(xxi) in the sole judgment of Mindflow AI, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose Mindflow AI or its users to any harm or liability.

You likewise agree not to do any of the following in connection with your use of the Services:

(i) interfere with or disrupt the Services or servers or networks connected to the Services, disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(ii) violate any applicable law or any regulation;
(iii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iv) solicit personal information from anyone under the age of 18;
(v) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(vi) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(vii) obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
(viii) lease, lend, sell or sublicense any part of the Services;
(ix) try to evade any technological measure designed to protect the Services or any technology associated with the Services; or
(x) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification).

To the extent Mindflow AI chooses to support voice, audio, or video features, you agree not to do any of the following in connection with your use of the Services:

(i) submit recordings of real people (including but not limited to celebrities) without their consent;
(ii) use any Mindflow AI feature to create or engage in “deepfakes” or impersonation of any real person, including without limitation, to those that create political misinformation, perpetrate frauds or scams, impugn the reputation of third parties, or otherwise amount to harmful conduct; or
(iii) submit recordings that violate any of the “User Conduct” rules set out above.

Content Moderation.

We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, restricting the visibility of content, suspending or removing content from the Services, suspending or terminating your account, and reporting you to law enforcement.

We use automated and manual measures to help identify activities that may be illegal (such as terrorism content and child sexual exploitation and abuse content), non-compliant and/or fail to comply with these Terms and/or our Community Guidelines.

You can report content and make other complaints by contacting us at [email protected].

Commercial Use.

This Service is for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or submit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

CANCELLATION OF SERVICES

Cancellation by You.

You may cancel your use of our Services at any time by deleting your account. This action is irreversible. Upon account deletion, your data will be deleted in accordance with our Privacy Policy. Deleting the App or your account does not cancel any active subscription; you can manage and cancel your subscription via the relevant payment processor (e.g., Apple App Store or Google Play Store).

Cancellation by Us.

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate with or without notice.

INTELLECTUAL PROPERTY RIGHTS

Content You Submit.

When you submit content to the Services you represent and warrant that you own all right, title, and interest in and to that content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.

When you submit such content, you grant Mindflow AI a nonexclusive, worldwide, royalty-free, fully paid up license to host, store, copy, reproduce, display, transmit, modify, and otherwise use that content, and to sublicense it to our service providers, in connection with operating, providing, maintaining, and improving the Services.

While we are not required to do so, we may access, review, screen, edit, modify and delete your content at any time and for any reason including to provide and develop the Services or if we think the content violates these Terms or any applicable laws.

Generated Content.

When you generate content of any kind using the Services including, without limitation, dialogue, images, or videos (collectively, “Generated Content”) between you and the AI, you own that Generated Content. You also grant Mindflow AI a nonexclusive, worldwide, royalty-free, fully paid up license to host, store, copy, reproduce, display, transmit, modify, and otherwise use Generated Content, and to sublicense it to our service providers, in connection with operating, providing, maintaining, and improving the Services.

Services Content, Software and Trademarks.

You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Mindflow AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or its content, in whole or in part, except that the foregoing does not apply to your own content that you submit to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by us from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking, and that any further access to the Services is without the authorization of Mindflow AI. Any use of the Services or content on the Services other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Mindflow AI, our affiliates and/or our partners (“the Software”). Any rights not expressly granted herein are reserved by us.

The Mindflow AI name and logos are trademarks of Mindflow AI (collectively, the “Mindflow AI Trademarks”). Other trademarks used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Mindflow AI. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Mindflow AI Trademarks without our prior written permission in each instance. All goodwill generated from the use of Mindflow AI Trademarks will inure to our exclusive benefit.

Third-Party Material.

Under no circumstances will Mindflow AI be liable for any content or materials of any third parties (including users), including, without limitation, Generated Content, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Mindflow AI does not pre-screen content and that AI, by its nature, is unpredictable and may produce Generated Content that is inaccurate or offensive. You agree that you must evaluate, and bear all risks associated with, the use of any content or Generated Content. You should not rely on the accuracy, completeness, or usefulness of statements made in content or Generated Content, and if you do so, you acknowledge that it is at your own risk.

You acknowledge that Mindflow AI and our designees have the right (but not the obligation) in our sole discretion to refuse or remove any content (including Generated Content) that is available via the Services. Without limiting the foregoing, Mindflow AI and our designees have the right to remove any content that violates these Terms or is deemed otherwise objectionable by us, in our sole discretion.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services provided by you to Mindflow AI are non-confidential, and that we are entitled to use and disseminate them for any purpose, without acknowledgement of or compensation to you.

You acknowledge and agree that we may preserve content and metadata in compliance with applicable laws and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mindflow AI, its users, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

THIRD-PARTY WEBSITES AND SERVICES

The Services or third parties may provide links or other access to other sites and resources on the internet or to third-party applications. Mindflow AI has no control over such sites, resources or applications and Mindflow AI is not responsible for and does not endorse them. You acknowledge and agree that Mindflow AI will not be responsible or liable, directly or indirectly, for any damage or loss caused by reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Mindflow AI is not liable for any loss or claim that you may have against any such third party.

APPLE APP STORE AND GOOGLE PLAY STORE LEGAL INFORMATION

These Terms apply to your use of all the Services, including the App available via the Apple Inc. ("Apple") App Store and the Google LLC ("Google") Play Store, but the following additional terms also apply to the App:

Both you and Mindflow AI acknowledge that the Terms are concluded between you and Mindflow AI only, and not with Apple and Google, and that Apple and Google are not responsible for the App or any content available through the Services;
The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services and, in the case of the App downloaded from the Apple App Store, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions;
You will only use the App in connection with a device that you own or control and, in the case of the App downloaded from the Apple App Store, an Apple device that you own or control;
You acknowledge and agree that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the App;
In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple or Google, as applicable, of such failure; upon notification, Apple's or Google's sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
You acknowledge and agree that Mindflow AI, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the App;
You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Mindflow AI, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Mindflow AI acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and
Both you and Mindflow AI acknowledge and agree that Apple and Apple's subsidiaries and Google and Google's subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries hereof.

INDEMNITY AND RELEASE

You agree to release, indemnify and hold Mindflow AI and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, and expenses of any kind arising out of or relating to your use of the Services. Without limiting the foregoing, the release and indemnification described above includes reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services.

California Residents.

If you are a California resident, you waive California Civil Code Section 1542, which says:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

DISCLAIMER OF WARRANTY

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Mindflow AI expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Mindflow AI makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.

LIMITATION OF LIABILITY

You understand and agree that Mindflow AI will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data, or other intangible losses (even if Mindflow AI has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) your access, use, creation of, or interaction with any content or Generated Content; (iii) your sharing with any third party of any content or Generated Content; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) on the Services; or (vi) any other matter relating to the Services. In no event will Mindflow AI’s total liability to you for all damages, losses, or causes of action exceed the greater of: (i) $100; or (ii) the amount you paid Mindflow AI (if any) in connection with your use of the Services.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Services or with these Terms, your sole and exclusive remedy is to discontinue use of the Services.

DISPUTE RESOLUTION BY BINDING ARBITRATION

This section affects your rights so please read it carefully.

Agreement to Arbitrate.

This Dispute Resolution by Binding Arbitration section of the Terms is referred to in these Terms as the “Arbitration Agreement.” You and Mindflow AI agree that any and all disputes or claims that have arisen or may arise between you and Mindflow AI, whether arising out of or relating to these Terms (including any alleged breach thereof), the Website, the App, or the Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. JAMS will administer the arbitration and will select the arbitrator as described below. The Federal Arbitration Act governs the validity and enforcement of this Arbitration Agreement.

This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Mindflow AI on your behalf.

Jury Trial and Class Action Waivers.

You and Mindflow AI agree that, by entering into these Terms, you and Mindflow AI are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitration, not by a judge or jury.

How to Opt Out.

If you do not want to be bound by the Arbitration Agreement, you must notify Mindflow AI in writing by email to [email protected] within 30 days of the date you first agree to the Terms, stating that you do not want to resolve disputes with Mindflow AI by arbitration. Opting out of the Arbitration Agreement will not affect any other part of the Terms.

Pre-Arbitration Dispute Resolution Process.

Mindflow AI is always interested in resolving disputes amicably and fairly, and so if you have concerns, we strongly encourage you to first contact us at [email protected]. Our support team is available to help and usually can resolve any concerns you may have.

If that is not successful, a party intending to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Mindflow AI must be sent by email to [email protected] with the subject line "Notice of Dispute." The Notice to you will be sent to the email address associated with your account. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) state the specific relief requested.

You and Mindflow AI agree to allow 60 calendar days after the Notice is received for us to try to resolve the dispute through negotiations. During that time, neither party may submit the claim to arbitration. If Mindflow AI and you do not resolve the claim within 60 calendar days after the Notice is received, you or Mindflow AI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Mindflow AI or by you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Mindflow AI is entitled.

Arbitration Procedures.

Arbitration will be conducted by one neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS and the JAMS Rules, please visit its website, https://www.jamsadr.com. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Mindflow AI and you agree otherwise, any arbitration hearings will take place in Wilmington, Delaware. If attending arbitration hearings in Wilmington, Delaware would cause you a severe hardship, the location of arbitration hearings shall be determined by the arbitrator appointed by JAMS in a virtual or otherwise mutually accessible proceeding. If your claim is for $10,000 or less, Mindflow AI agrees that you may choose whether the arbitration will be conducted solely based on written submissions and documents submitted to the arbitrator or whether there also will be a hearing, and you may choose whether any such hearing will be by telephone or video conference, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. At the end of the arbitration, the arbitrator shall issue a reasoned written decision (called an award) sufficient to explain the essential findings and conclusions on which the award is based.

Requirement of Individualized Arbitration and Relief. You and Mindflow AI agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Except for Mass Arbitrations described in the immediately following paragraph, unless both you and Mindflow AI agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief for the party’s individual claims. Any relief awarded cannot be granted to or affect other users.

Mass Arbitration.

If 25 or more individuals who are represented by either the same law firm or law firms acting in coordination submit similar arbitration claims against the same party or related parties, you and Mindflow AI agree that the JAMS Mass Arbitration Procedures and Guidelines will apply to those claims as a Mass Arbitration. The JAMS Mass Arbitration Procedures and Guidelines are specially designed to facilitate the fair, expeditious, and efficient resolution of mass arbitrations; they are published at https://www.jamsadr.com/mass-arbitration-procedures.

In addition to being governed by the JAMS Mass Arbitration Procedures and Guidelines, all Mass Arbitration involving 75 or more claimants must be resolved in a two-stage Bellwether Process as follows:

Stage One. Claimants’ counsel and Mindflow AI will each select ten Test Cases (twenty cases total) to be resolved individually by different arbitrators in accordance with the JAMS Rules. If claimants’ counsel or Mindflow AI do not select Test Cases in a reasonable time, the Process Administrator shall select all twenty Test Cases. Until those cases are resolved, no other Mass Arbitration claims may proceed in any arbitration, and neither you nor we will be responsible for or cause JAMS to charge any case management fee(s) or arbitration appointment fee(s) for those cases. Stage One shall be deemed complete upon final resolution of all Test Cases.

Stage Two. After Stage One is complete, and within 90 days, Mindflow AI and all remaining Mass Arbitration claimants shall participate in a single mediation of all remaining cases, before a mutually-agreed-upon mediator. Mindflow AI will pay the mediation fee. If the parties cannot agree on how to resolve the remaining cases after mediation, the Mass Arbitration may proceed in accordance with the JAMS Rules and JAMS Mass Arbitration Procedures and Guidelines.

The Bellwether Process may be modified in whole or in part by mutual agreement of you and Mindflow AI. The Process Administrator shall resolve any disputes about the applicability or enforceability of the Bellwether Process.

Costs of Arbitration.

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules and the JAMS Arbitration Schedule of Fees and Costs in effect when the arbitration is started, unless otherwise provided in this Arbitration Agreement. Where the arbitration is part of a Mass Arbitration subject to the JAMS Mass Arbitration Procedures and Guidelines, the arbitration fees will be as established in the JAMS Mass Arbitration Procedures Fee Schedule.

Confidentiality.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Small Claims.

Despite the Arbitration Agreement, either you or Mindflow AI may bring an action seeking only individualized (non-class) relief in the small claims court for the county of your billing address, so long as the action is not removed or appealed to a court of general or federal jurisdiction. If either you or Mindflow AI initiates an arbitration claim that could be presented to the small claims court, the other party may, in its discretion, require that the arbitration demand be withdrawn and that the claim be filed instead in the small claims court for the county of your billing address, so long as the action is not removed or appealed to a court of general or federal jurisdiction. Any dispute about whether a claim falls within any given small claims court’s jurisdiction will be resolved by the small claims court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.

Severability.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of the Terms will continue to apply.

For avoidance of doubt, nothing in this Arbitration Agreement shall affect any non-waivable statutory rights that apply to you. To the extent any claim, dispute or controversy covered by the Terms isn’t arbitrable under applicable laws or otherwise, you agree such claim or dispute will be resolved exclusively in accordance with the subsection of these Terms titled “Choice of Law, Jurisdiction, Venue” below.

Future Changes to Arbitration Agreement.

Notwithstanding any provision in these Terms to the contrary, Mindflow AI agrees that if it makes any future change to this Arbitration Agreement (other than a change to our contact email address) while you are a user of the Services, you may reject any such change by sending Mindflow AI written notice by email to [email protected] within 30 calendar days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

TERMINATION

You agree that Mindflow AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Mindflow AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms.

If you are suspended or your account is terminated from the Services, or content which you generate, upload, or share is removed from the Services, or access to it is restricted, in breach of these Terms of Use, you have a right to bring proceedings for breach of contract if granted under local law.

Mindflow AI may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Mindflow AI may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Mindflow AI will not be liable to you or any third party for any termination of your access to the Services.

GENERAL

Entire Agreement.

These Terms constitute the entire agreement between you and Mindflow AI and govern your use of our Services, superseding any prior agreements between you and Mindflow AI with respect to the Services.

Choice of Law, Jurisdiction, Venue.

These Terms are governed by the laws of the State of Delaware without regard to its conflict of law provisions, and with respect to any disputes or claims not subject to arbitration, as set forth above, you and Mindflow AI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Delaware.

Severance.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

No Waiver.

Any failure of Mindflow AI to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Expiration of Claims.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.

Assignment.

You may not assign these Terms without the prior written consent of Mindflow AI, but Mindflow AI may assign or transfer these Terms, in whole or in part, without restriction.

Notice.

Notices to you, including notices about changes to these Terms, may be made via either email or postal service. You agree to provide Mindflow AI with a current email address, to periodically monitor your email for communications from Mindflow AI, and to provide Mindflow AI with an updated email address if you can no longer receive email at the address you previously provided. Mindflow AI may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.

Changes to these Terms.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Material changes will become effective no earlier than 30 days after they are posted, except that changes addressing new functionality of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.

PRIVACY

At Mindflow AI, we respect the privacy of our users. For details, please see our Privacy Policy found at https://mindflowai.app/privacy. By using the Service, you consent to our collection and use of personal data as outlined therein.

CONTACT US

If you have any questions about our Services, or to report any violations of these Terms, please contact us at [email protected].