Terms of Use
Thank you for using MindFeed (the "Service"). By accessing and using our application and website, you agree to comply with these Terms of Use (“Terms”), which apply to you (“you” or “your”).
By using the Service, you agree that these Terms will become a legally binding agreement between you and the MindFeed Contracting Entity identified in these Terms (“MindFeed”). If you do not agree to these Terms, please do not use our Service.
1. Acceptance of Terms
If you do not agree with any part of these Terms, you are not authorized to access or use the Service and must discontinue any use of it immediately. Your use of the Service signifies your acceptance of these Terms and any updates to them.
MindFeed reserves the right to modify, update, or revise these Terms at any time, and such changes will be effective immediately upon being posted to our website. It is your responsibility to review these Terms periodically. If you continue to use the Service after we have posted any changes to these Terms, you will be deemed to have accepted those changes.
These Terms apply to all users of the Service, including those who access the Service via mobile devices, apps, or third-party platforms. You agree that any updates or new features added to the Service will be subject to these Terms.
If you are accessing or using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, the terms "you" and "your" will refer to both you individually and the organization or entity you represent.
2. Changes to the Terms
While we strive to provide a consistent and reliable experience, we cannot guarantee that the Service will be available at all times or that it will meet your specific requirements. In some cases, certain features or functionalities of the Service may be removed or altered due to technical, legal, or business considerations.
You acknowledge and agree that MindFeed is not liable for any loss, damage, or inconvenience caused by modifications, suspension, or discontinuation of any aspect of the Service. You are responsible for keeping up-to-date with any changes to the Service, and by continuing to use the Service after any modifications, you accept and agree to be bound by those changes.
If any significant changes are made to the Service that materially affect your use, we will make reasonable efforts to notify you, whether via email or through notifications within the Service.
3. Registration and Account Use
You are solely responsible for ensuring that your account information is accurate and up-to-date. It is essential that you maintain the confidentiality of your login credentials, including your account details provided through Google, Facebook, or Apple. You agree not to share your login information with anyone else and to take all necessary steps to prevent unauthorized access to your account.
You are also responsible for all activities that occur under your account, whether or not you authorized them. This includes ensuring that all activity complies with the terms of these Terms of Use. If you suspect any unauthorized use of your account or if your login credentials have been compromised in any way, you must immediately notify us through the contact information provided within the Service. We may take actions to protect your account, but ultimately, you are responsible for safeguarding your account's security.
In addition, you agree to promptly update any information that may be necessary for maintaining the security and functionality of your account. If we suspect any fraudulent or malicious activity on your account, we reserve the right to suspend or terminate your access to the Service, as outlined in these Terms of Use.
By using MindFeed, you confirm that the information you provide during registration is truthful, and you acknowledge that your access to the Service may be subject to verification or validation procedures as deemed necessary by us.
4. Authorized Use
Violate the rights of others
- Infringe on the privacy, intellectual property, or other legal rights of MindFeed users or third parties.
- Harass, impersonate, or mislead other users.
Share or upload prohibited content
- Post, upload, or share any content that is illegal, harmful, threatening, defamatory, abusive, obscene, hateful, or otherwise inappropriate.
- Distribute content that promotes violence, discrimination, or any unlawful activity.
Tamper with MindFeed’s security or functionality
- Attempt to hack, disrupt, or bypass any security measures protecting the Service.
- Use automated tools (bots, scrapers, etc.) to access, collect, or modify data from MindFeed without authorization.
- Interfere with or alter the normal operation of the app in any unauthorized manner.
Any violation of these terms may result in the suspension or termination of your access to MindFeed.
5. Intellectual Property
- Software and source code,
- User interfaces and user experience,
- Graphics, icons, and illustrations,
- Logos, trade names, and trademarks,
- Text, descriptions, and other written content,
- Audiovisual elements, animations, and videos,
are protected by applicable intellectual property laws and remain the exclusive property of MindFeed or its licensors.
Usage Restrictions
Unless expressly authorized by MindFeed, you are strictly prohibited from:
- Copying, reproducing, modifying, or adapting any part of the Service,
- Distributing, selling, renting, or transferring any content from the application,
- Decompiling, disassembling, or attempting to extract the source code,
- Using any MindFeed trademarks or logos without prior written consent.
6. User Content
- Ownership: You remain the sole owner of all intellectual property rights related to the content you submit. MindFeed does not claim ownership over your notes or collections.
- License Grant: By submitting content, you provide MindFeed with a global, non-exclusive, royalty-free license to:
- Store, process, and display your content within the app.
- Share your content as needed when you use MindFeed’s sharing features.
- Optimize the functionality of the Service (e.g., enabling search, backups, and cross-device access).
- Privacy and Security: MindFeed does not publicly share your content unless you choose to do so via the sharing features provided within the app.
- Content Responsibility: You are solely responsible for the content you submit, including ensuring it does not violate applicable laws, third-party rights, or these Terms of Use.
This license is limited to what is necessary for the operation of MindFeed and does not grant us permission to use your content for unrelated purposes.
7. Privacy
8. Use Restrictions
Specifically, you agree not to:
Send Spam or Unsolicited Communications
- You may not use MindFeed to send bulk, repetitive, or unwanted messages to other users.
- You may not use automated systems (bots, scripts, or similar technologies) to send messages or interact with the Service in a disruptive manner.
Disrupt the Use of the Service
- You must not interfere with or impair the experience of other users, such as by attempting to overload the system, introducing malware, or using any means to disable the Service.
- You are prohibited from attempting to access another user’s account, data, or private content without their explicit permission.
Impersonation and Account Misuse
- You may not create multiple accounts to manipulate the Service, evade restrictions, or gain unauthorized access to features.
- You must not impersonate another individual or entity, including through misleading usernames or profile information.
MindFeed reserves the right to suspend or terminate accounts that violate these restrictions.
9. Limitation of Liability
- No Warranty of Error-Free Operation - While we strive to maintain a reliable and secure platform, we do not guarantee that MindFeed will always be free of errors, bugs, viruses, or other harmful components.
- Use at Your Own Risk - You assume full responsibility for your use of MindFeed, including any reliance on the accuracy or completeness of the content you store or access through the Service.
- No Liability for Damages - To the fullest extent permitted by law, MindFeed and its affiliates, employees, and partners shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising from:
- The use or inability to use the Service.
- Unauthorized access to or alteration of your content.
- Any security breaches, data loss, or service disruptions.
- External Factors - We are not responsible for issues caused by third-party services, network failures, or external events beyond our control.
By using MindFeed, you acknowledge these limitations and agree that MindFeed cannot be held responsible for any loss or damage related to your use of the Service.
10. Billing
a. Subscriptions and Renewals
If you subscribe to MindFeed Premium, you can choose between a monthly or annual plan. Your subscription will automatically renew at the end of each billing cycle. We will notify you before your subscription renews. You can cancel at any time, but fees already paid are non-refundable.
b. Cancellation
You may cancel your subscription at any time through your account settings. Once canceled, you will retain access to premium features until the end of your current billing cycle. However, no refunds or credits will be issued for fees already charged, and any outstanding payments will remain due.
c. Free Trials
MindFeed may offer free trials to allow you to explore premium features. Eligibility and trial duration are at MindFeed’s discretion. If you do not cancel before the end of your free trial, your selected payment method will be charged for the next billing cycle.
d. Pricing Changes
MindFeed reserves the right to modify its pricing. Any changes will take effect at the next renewal date or 30 days after notice, whichever is later.
e. Billing Communications
You agree that MindFeed may contact you via email, push notifications, or other methods regarding your subscription, billing, and account usage.
11. Suspension and Termination
- Violation of Terms: A substantial violation includes, but is not limited to, misuse of the Service, uploading illegal or harmful content, or fraudulent activities.
- Consequences of Termination: If your access is terminated, you will lose access to your account, all data, including notes, collections, and content you have uploaded, unless stated otherwise in the Privacy Policy
- Notification: You will be informed of any suspension or termination of your account, and you may have the opportunity to address or resolve the violation if applicable.
In such cases, we may also take steps to prevent further misuse of the Service, and no refunds will be issued for any remaining subscription or payment balances.
12. Third-Party Services
13. Your Indemnity Obligations
- Your violation of these Terms, or
- Your content submitted through the Service.
If MindFeed incurs any harm or legal consequences due to your content or a violation of these Terms, or if a third party holds MindFeed responsible for your actions, you will be responsible for covering any related costs.
14. Term and Termination
These Terms take effect upon your first access to the Service and remain in force until:
i) if you are a paying subscriber, the expiration or termination of your subscription; or
ii) if you are using MindFeed's free offering, when your account is deleted or terminated.
b. Violations
If MindFeed reasonably determines that you have violated these Terms through your use of the Service, your User Content, or your actions, MindFeed may take one or more of the following actions:
- Delete the prohibited User Content;
- Suspend your access to the Service;
- Terminate and delete your account, along with all associated User Content;
- Permanently ban you from using the Service;
- Report your User Content to the appropriate authorities if necessary.
If you break the rules, we have the right to remove you and everything in your account from the Service.
c. Effect of Termination
If your subscription is terminated due to a fault on MindFeed's part, you will receive a prorated refund for the prepaid fees covering the remaining period after termination.
If your subscription is terminated due to a violation on your part, no refund will be provided, and you must immediately pay any outstanding fees for the remaining subscription period.
Upon expiration or termination of your subscription, you must stop using the Service. You will lose access to your User Content and any stored data, and we may delete such data unless legally prohibited. However, User Content included in shared items with other users may remain accessible within those items even after your subscription expires.
d. Survival of Terms
The sections titled "Term and Termination," "Billing," "Intellectual Property," "Limitation of Liability," and "Miscellaneous" will continue to apply even after these Terms expire or are terminated.
15. Governing Law and Dispute Resolution
- Governing Law: These Terms are subject to the laws of Australia, meaning that any issues, claims, or disputes related to your use of the Service will be resolved according to Australian law. This ensures a consistent and predictable legal framework for all users, regardless of their location.
- Dispute Resolution: If any disputes or conflicts arise in connection with the Service, you agree to resolve them through legal means within the jurisdiction of Australia. This means that any legal action or claim must be filed and resolved in the appropriate courts located in Australia.
- Exclusive Jurisdiction: By agreeing to these Terms, you acknowledge that only the courts in Australia have the authority to hear disputes related to MindFeed. You waive the right to seek resolution in any other jurisdiction, providing clarity for both parties in case legal action becomes necessary.
16. Miscellaneous
You agree to comply with all applicable local, national, and international laws, treaties, and regulations in connection with your use of the Service. MindFeed also agrees to comply with all applicable laws, treaties, and regulations when providing the Service.
b. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws principles. Any disputes will be resolved in Australian courts.
c. Export Restrictions
The Service is subject to trade sanctions and laws regulating the import, export, and use of the Service. You agree to comply with these laws and regulations, and you warrant that you are not prohibited from accessing the Service. You also agree not to make the Service available to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
d. Dispute Resolution
In case of a dispute, please contact us to attempt resolution. If no agreement is reached, disputes arising from these Terms will be resolved through binding arbitration. The arbitration will be conducted via videoconferencing or at a mutually agreed location. The arbitration will be carried out according to applicable rules, and the decision may be entered into a competent court.
e. Headings and Explanations
Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.
f. Severability
If a provision of these Terms is found to be invalid or unenforceable, the other provisions will remain in full force and effect.
g. Waiver
MindFeed's failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision in the future.
h. Notices
All required notices will be sent to the email address associated with your account or by any other legally permissible means.
i. Intellectual Property
We respect intellectual property rights. If you believe your work has been infringed, please refer to our intellectual property policy.
j. Changes to These Terms
MindFeed reserves the right to modify these Terms at any time. Advance notice will be provided for significant changes, and your continued use of the Service constitutes acceptance of the modified Terms.
k. Changes to the Service
MindFeed may update or discontinue features at any time. If a service is discontinued during your subscription, a similar alternative may be provided, or a refund will be issued.
l. Entire Agreement
These Terms, along with any referenced policies, constitute the entire agreement between you and MindFeed regarding the Service.