Terms of Use

Last modified: February 21, 2024

Acceptance of the Terms of Use

These terms of use are entered into between you and MindMood, LLC (“MindMood,” “we,” or “us”). The following terms govern your access to and use of https://mindmood.ai/, including any content, functionality, and services offered on or through https://mindmood.ai/ (the “Platform”), whether as a guest or a registered user.

Please read the terms of use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the terms of use when this option is made available to you, you accept and agree to be bound and abide by these terms of use. If you do not want to agree to these terms of use, you must not access or use the Platform.

These terms of use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

This Platform is offered and available to users who are 18 years of age or older. By using this Platform, you state that you are of legal age to form a binding contract with MindMood and meet all the preceding eligibility requirements. If you do not meet all these requirements, you must not access or use the Platform.

Changes to the Terms of Use

We may revise and update these terms of use on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of the Platform afterward. But any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

Your continued use of the Platform after the posting of revised terms of use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Nature of Platform

MindMood is an AI-powered mental health support app designed to prioritize your well-being in a sex-positive, confidential, and friendly environment. We understand that mental health is a deeply personal journey, and our app is committed to providing a safe and inclusive space where you can explore your thoughts and feelings without judgment.

MindMood employs artificial intelligence (AI) technology to provide mental health support and guidance. It is important to understand that our AI functions as a supplementary resource, not as a replacement for professional medical or mental health care. The advice and support offered through the Platform are based on AI algorithms and do not constitute medical, psychological, or healthcare advice, diagnosis, or treatment, and MindMood does not evaluate the need to seek medical attention.

Not Substitute for Professional Advice

You acknowledge that by accessing and using the Platform, you are not entering into a doctor-patient or provider-patient relationship with MindMood. The services provided by MindMood are intended for general support and well-being enhancement. They are not intended to be, and must not be taken as, a substitute for professional medical or mental health advice, diagnosis, or treatment. If you have or suspect you might have a health problem or medical condition, please consult a qualified healthcare provider or call 911 promptly.

Emergency Situations

It is crucial to understand that the Platform is not designed or equipped to handle emergencies or crisis situations. If you are experiencing a mental health emergency, believe you might harm yourself or others, or need immediate assistance, please do not rely on this Platform. Instead, call 911 (or your local emergency services number) or contact a mental health crisis hotline immediately. Direct, immediate professional intervention is essential in those situations, and the Platform should not be used as a resource for emergency assistance.

By using the Platform, you acknowledge that the app is a supplementary mental health support tool and not a substitute for emergency medical services. Your safety is of utmost importance, and seeking immediate professional help in an emergency is the best course of action.

Regular Consultation with Healthcare Providers

While MindMood provides AI-powered support and guidance to enhance your mental well-being, we strongly encourage you to maintain an ongoing relationship with your healthcare providers. Regular consultations with qualified healthcare professionals are crucial for managing your health, especially if you have existing medical or mental health conditions.

By integrating MindMood’s support with professional healthcare advice, you ensure a comprehensive approach to your mental well-being. Our Platform is designed to complement, not replace, the personalized care and treatment plans provided by your doctors and mental health professionals.

Please view MindMood as a supplementary tool in your broader mental health care strategy. Continual engagement with healthcare providers allows for the monitoring of your condition, adjustments to treatment plans as needed, and professional guidance tailored to your unique health needs.

Risks and Limitations of AI

Our AI is continuously learning and improving, but it might not fully comprehend the complexity of human emotions and the nuances of personal experiences. Its guidance is generated through algorithms and data analysis, which might not always capture the depth of individual mental health situations. Reliance on the Platform or the Output is solely at your own risk.

When you use our Platform you acknowledge that:

• Output might not always be accurate. You should not rely on Output from our Platform as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use.
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making legal, medical, or other important decisions about them.
• Our Platform may provide incomplete, incorrect, or offensive Output that does not represent MindMood’s views. If Output references any nonparty services, it doesn’t mean the nonparty endorses or is affiliated with MindMood.

Accessing the Platform and Account Security

We may withdraw or amend this Platform, and any service or material we provide on the Platform without notice. We will not be liable if, for any reason, any part of the Platform is unavailable at any time or for any period. On one or more occasions, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Platform.
• Ensuring that all persons who access the Platform through your internet connection are aware of these terms of use and comply with them.

To access the Platform or some of the resources it offers, you might be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is accurate. All information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you must not provide any other person with access to this Platform or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also must ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of use.

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by MindMood, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms of use allow you to use the Platform for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

• Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Platform for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by our end user license agreement for those applications.
• If we provide social media features with certain content, you may take those actions as are enabled by those features.

You must not:

• Modify copies of any materials from this Platform.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the terms of use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Platform or any content on the Platform is transferred to you, and MindMood reserves all rights not granted. Any use of the Platform not permitted by these terms of use is a breach of these terms of use and might violate copyright, trademark, and other laws.

Trademarks

The Company name; the term MINDMOOD; and all related names, logos, product and service names, designs, and slogans are trademarks of MindMood or its affiliates or licensors. You must not use those marks without MindMood’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these terms of use. You must not use the Platform:

• In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or reuse any material that violates any intellectual property rights, rights of publicity, privacy rights, or any other rights or any law.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or try to impersonate MindMood, a MindMood employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the preceding).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or that, as determined by us, might harm MindMood or users of the Platform, or expose them to liability.

Additionally, you must not:

• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform.
• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Platform or any services provided through, or concerning, the Platform. This includes using (or permitting, authorizing, or trying to use): (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Platform or any data, content, information, or services accessed through the Platform; or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.
• Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not authorized in these terms of use, without our prior written consent.
• Represent that Output was human-generated when it was not.
• Use Output to develop models that compete with MindMood.
• Use any device, software, or routine that interferes with the Platform’s proper working.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Try to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
• Attack the Platform by a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise try to interfere with the Platform’s proper working.

Content

You may provide input to the Platform (“Input”), and receive output from the Platform based on the Input (“Output”; together with Input, the “Content”). You are responsible for the Input, including ensuring that it does not violate any law or these terms of use. You state that you have all rights, licenses, and permissions needed to provide the Input to our Platform.

As between you and MindMood, and to the extent permitted by law, (1) you retain your ownership rights in the Input and (2) we own the Output

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform might include content provided by nonparties. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MindMood, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect MindMood’s opinion. We are not responsible, or liable to you or anyone else, for the content or accuracy of any materials provided by any nonparties.

Changes to the Platform

We may update the content on this Platform on one or more occasions, but its content is not necessarily complete or up to date. Any of the material on the Platform might be out of date at any given time, and we are not required to update that material.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

Paid Accounts

If we offer a paid subscription, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-on periodic renewal until you cancel. You are responsible for all taxes, and we will charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Platform until payment is received.

You can cancel your paid subscription at any time. Payments are nonrefundable, except where required by law. These terms of use do not override any mandatory local laws regarding your cancellation rights.

We may change our prices on one or more occasions. 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.

Termination and Suspension

MindMood may terminate or suspend your access to the Platform with or without notice for any reason. Grounds for that action include but are not limited to violations of these terms of use, fraudulent activity, or actions that are harmful to other users, MindMood, or nonparties. On termination, your right to use the Platform will immediately end, and MindMood may remove or delete your account (if you have one) and all related information and files.

Linking to the Platform and Social Media Features

You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.

This Platform may provide certain social media features that enable you to:

• Link from your own or certain nonparty websites to certain content on this Platform.
• Send emails or other communications with certain content, or links to certain content, on this Platform.
• Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain nonparty websites.

You may use these features solely as they are provided by us, solely regarding the content they are displayed with. Subject to the preceding, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Platform other than the homepage.
• Otherwise take any action regarding the materials on this Platform that is inconsistent with any other provision of these terms of use.

You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.

We may disable all or any social media features and any links without notice.

Links from the Platform

If the Platform contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Platform, you do so entirely at your own risk and subject to the terms of use for those websites.

Geographic Restrictions

The Platform’s owner is based in the State of Florida in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside the United States. Access to the Platform might not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Warranty Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Platform, its content and any services or items obtained through the Platform, including any Output, is at your own risk. The Platform, its content, and any services or items obtained through the Platform, including any Output, are provided “as is” and “as available,” without any warranties, either express or implied. Neither MindMood nor any person associated with MindMood is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Platform or any Output. Without limiting the preceding, neither MindMood nor anyone associated with MindMood states that the Platform, its content or any services or items obtained through the Platform, including any Output, will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our Platform or the server that makes it available are free of viruses or other harmful components; or that the Platform or any services or items obtained through the Platform, including any Output, will otherwise meet your needs or expectations.

To the extent provided by law, MindMood is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.

You acknowledge that any use of Outputs from our Platform is at your sole risk and you will not rely on Output as a substitute for professional advice.

The preceding does not affect any warranties that cannot be excluded or limited under law.

Limitation on Liability

To the extent provided by law, in no event will MindMood, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform, including any Output, or those other websites or any services or items obtained through the Platform, including any Output, or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

To the extent provided by law, in no event will the collective liability of MindMood and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to MindMood for the applicable content or service in the last six months out of which liability arose.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by content or service you purchase through the Platform.

The preceding does not affect any liability that cannot be excluded or limited under law.

Indemnification

You shall indemnify MindMood, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of use or your use of the Platform, including, but not limited to, your Input, any use of the Platform’s content, services, and products other than as authorized in these terms of use, or your use of any information obtained from the Platform.

Governing Law

Florida law governs all adversarial proceedings arising out of this agreement or access or use of the Platform

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Dispute Resolution and Binding Arbitration

You and MindMood are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration

As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Platform (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its consumer arbitration rules (the “AAA Rules”) then in effect, except as modified by this arbitration provision. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act governs the internation and enforcement of this arbitration provision

The arbitrator will have exclusive authority to resolve any dispute regarding arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction

Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.

Any arbitration begun in accordance with this arbitration provision must be conducted in Sarasota, Florida.

The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to arbitration on an individual basis. In any dispute, neither you nor MindMood will be entitled to join or consolidate claims by or against other users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver must only be raised in a court of competent jurisdiction

If any provision of this Arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced

Jurisdiction

If either party brings a proceeding seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the Middle District of Florida or, only if there is no federal subject matter jurisdiction, in a state court of Florida sitting in Sarasota

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Recovering Expenses

In an adversarial proceeding between the parties arising out of this agreement or access or use of the Platform, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to File Claims

Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Platform more than one year after the date that dispute arose.

Waiver and Severability

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

If any provision of these terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the terms of use will continue in full effect.

Entire Agreement

These terms of use constitute the entire understanding between the parties regarding the Platform. You acknowledge that because you have not relied on, and will not be relying on, any statements made by MindMood regarding the Platform, you will have no basis for bringing any claim for fraud in connection with any such statements.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Your Comments and Concerns

This Platform is operated by MindMood, LLC, 1290 N. Palm Avenue (Bay Plaza Exec Ctr), Suite 108, Sarasota, Florida 34236.

All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@mindmood.ai.