mindsmiles

Welcome to MindSmiles!

MindSmiles Limited (“MindSmiles,” “we,” “our,” or “us”) is dedicated to helping people enhance their emotional well-being through AI-powered mood tracking, personalized support, and mental health insights. Our app provides tools to help users reflect on their emotions, identify patterns over time, and receive AI-generated guidance tailored to their experiences.

These Terms of Service (“Terms”) govern your relationship with MindSmiles as a user of our services, including our website and our iOS and Android applications (collectively referred to as our “Products”). By using our Products, you agree to be bound by these Terms.

Protecting your information is a top priority for us. You can learn more about our privacy practices in our Privacy Policy. By using our Products, you acknowledge that you have read and understood our Privacy Policy.

These Terms contain an arbitration clause that applies to residents of the United Kingdom. Please review Section 10 for details.

1. Using MindSmiles

To access and use MindSmiles, you must create an account. By signing up, you agree to provide accurate information for account creation, verification, and maintenance.

If you sign up using your email address or mobile platform authentication, you agree that we may communicate with you via the contact details you provide, subject to applicable legal requirements. If your email or phone number changes, you must update your account to prevent messages from being sent to the wrong person.

A. Who Can Use MindSmiles

You may use our Products only if you can form a legally binding contract with MindSmiles and comply with these Terms and all applicable laws. To use our Products, you must be at least 18 years old.

B. How to Use MindSmiles

MindSmiles helps users track their emotions and gain deeper self-awareness. However, our Products are not medical devices and do not provide medical or psychological diagnoses, treatment, or advice.

MindSmiles does not provide healthcare services. If you are concerned about your mental health, you should consult a licensed healthcare professional. MindSmiles is not a substitute for professional medical care.

If you are experiencing a crisis or require urgent mental health support, you should contact your local crisis support services based on your region.

C. Our License to You

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use our Products in compliance with these Terms. Some of our Products may require software downloads to your device, and we may provide automatic updates. These Terms apply to all upgrades.

2. Your Content

When you use MindSmiles, you may provide information through check-ins, including details about your emotions, triggers, activities, and reflections (“User Content”).

A. Your Rights and Responsibilities

You retain all rights to your User Content and are solely responsible for any information you submit. You are responsible for maintaining account security and keeping login credentials confidential. If you suspect unauthorized access, notify us immediately at info@mindsmiles.app.

B. How We Use Your Content

By using MindSmiles, you grant us permission to use your check-in data anonymously to improve our AI-powered therapy bot and enhance user experience. Your data will never be shared with other users unless you explicitly choose to share it. More details are available in our Privacy Policy.

C. How Long We Keep Your Content

If you delete your account, your User Content will be removed after a commercially reasonable period for backup and compliance purposes. See our Privacy Policy for details.

D. Feedback You Provide

We appreciate your feedback but are not obligated to use or compensate you for suggestions. Any ideas you submit become our property.

3. Respect for Others’ Rights

A. Standards of Conduct

Although MindSmiles is not a social platform, all users are expected to interact respectfully. Any User Content that is illegal, harassing, threatening, or otherwise inappropriate may be removed at our discretion.

B. Copyright and Intellectual Property

MindSmiles respects intellectual property rights and expects users to do the same. You may not use our Products in a way that infringes on others’ copyrights, trademarks, or privacy.

C. Reporting Infringements

If you believe someone has infringed on your intellectual property rights within our Products, contact info@mindsmiles.app with supporting details.

4. Third-Party Links, Sites, and Services

MindSmiles may contain links to third-party websites and services. We do not endorse or take responsibility for third-party content. If you engage with third-party services, you do so at your own risk.

5. Modification and Termination

We may modify or discontinue certain features of our Products at any time. If you violate these Terms, we reserve the right to suspend or terminate your access to MindSmiles without prior notice.

Upon termination, Sections 7-11 of these Terms will remain in effect.

6. Payments, Refunds, and Cancellations

MindSmiles operates on a subscription model.

  • Users who are unsatisfied within the first 7 days may request a no-questions-asked refund.
  • After 7 days, we are unable to process refunds for the remainder of the subscription period.

If you wish to request a refund, contact info@mindsmiles.app.

7. Indemnity

If you use MindSmiles for commercial purposes (which is not intended), you agree to indemnify MindSmiles Limited and its employees against any claims or liabilities arising from such use.

8. Warranty Disclaimer

MindSmiles is provided “as is” without warranties of any kind. We do not guarantee that our Products will meet your expectations or function without interruptions.

9. Limitation of Liability

To the maximum extent permitted by law, MindSmiles Limited is not liable for:

  • Indirect, incidental, or consequential damages.
  • Loss of data, revenue, or goodwill.
  • Any unauthorized access or use of your data.

Our total liability will not exceed £100 GBP.

10. Dispute Resolution & Arbitration (UK)

If a dispute arises, we encourage users to first contact info@mindsmiles.app for resolution.

  • Disputes that cannot be resolved informally will be handled through binding arbitration in England & Wales.
  • Users waive their right to bring disputes to court or participate in class-action lawsuits.

Exceptions:

  • Claims related to intellectual property may proceed in UK courts.
  • Users may opt-out of arbitration within 30 days of account creation by notifying us via email.

11. Governing Law

These Terms are governed by the laws of England & Wales.

12. Miscellaneous Provisions

A. Changes and Notifications

We may update these Terms periodically. We will notify users of material changes before they take effect. If you continue using MindSmiles after the changes, you accept the updated Terms.

B. Assignment

You may not transfer these Terms, but we may assign them at any time.

C. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and MindSmiles.

D. No Waiver

Failure to enforce any provision does not waive our rights.

E. Contact Information

For inquiries or concerns, contact:

MindSmiles Limited
128 City Road, London, United Kingdom, EC1V 2NX
Email: info@mindsmiles.app

Effective Date: 1st January 2025