Terms of Service

Last updated: November 25, 2020

From our small team at mymind: Thank you for your trust. It means a lot.

Since we don't know all of you personally, we have to put some Terms of Service in place to make things simple for you and for us.

We’ll keep this in plain English and avoid confusing legal terms wherever possible.

Hey, we're mymind, Inc.

When we say “Company,” “we,” “our,” or “us” in this document, we are referring to mymind, Inc.

When we say “Services,” we mean any product created and maintained by mymind, Inc. Right now that's just mymind.com, whether delivered within a web browser, desktop application, mobile application or any other format.

We may update these Terms of Service in the future. Typically, changes are only to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also send you an email if you're using our services or product.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products, and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of these terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are and how we work, and by keeping an open door to your feedback, at any time!

Account Terms

1. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend you set up two-factor authentication for added security (we support both Google and Apple Login, which both support two-factor authentication).

2. You may not use the Services for any purpose outlined in our Use Restrictions policy.

3. You are responsible for all content posted and activity that occurs under your account.

4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

1. If you are on the free version of mymind.com, it is really free: we do not ask you for your credit card and — just like for customers who pay for our services — we do not sell your data.

2. We currently offer a free plan. We explain this via the email you receive after signing up. If you upgrade to a paid plan and later cancel your subscription, you will be immediately downgraded or suspended from your account. Of course, we will always send you multiple reminders ahead of time before we do anything to your inactive account. See our cancellation policy for more details.

3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle will start on the day of your upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.

4. All fees are exclusive of taxes, levies or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies or duties.

5. We process refunds according to our Fair Refund policy.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. Within mymind.com (via the desktop version), we provide a simple no-questions-asked cancellation link. You can find instructions for how to cancel your account in our Cancellation policy. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact us at service@mymind.com

 2. All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. We currently do not offer an export of your profile.

3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Fair Refund policy for more details.

4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is usually at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.

5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of our employees will result in immediate account termination.

Modifications to the Service and Prices

1. We make a promise to keep our service running for as long as we possibly can. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.

2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

1. Your use of mymind Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services — but we do take uptime of our applications seriously. 

2. We take many measures to protect and secure your data through backups, redundancies and encryption. We enforce encryption for data transmission from the public internet. There are some edge cases where we may send your data through our network unencrypted. 

3. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that mymind, Inc may process your data as described in our Privacy Policy and for no other purpose. We as humans can access specific data of yours for the following reasons:

→ To help you with support requests you make. However, we do NOT have access to your content in your account (your mind). Any bug fixing requires testing and troubleshooting on our end as we're not able to look at your account data. While this makes support more difficult for us, we believe that the resulting privacy of this measure is more important to us and our mission.

→ To safeguard mymind, Inc. We'll look at logs and metadata (such as server activity to prevent misuse) as part of our work to ensure the security of your data and the Services as a whole.

→ To the extent required by applicable law.

4. We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Services. You can see a list of all sub-processors that handle your data right here.

5. Under the California Consumer Privacy Act (“CCPA”), mymind, Inc. is a “service provider,”  not a “business” or “third party,” with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and Privacy Policy. We do not retain, use, disclose or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use mymind, Inc.'s services in a way that violates the regulations.

Copyright and Content Ownership

1. All content shared via our Services must comply with U.S. copyright law.

2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.

3. We do not pre-screen content, but reserve the right (but not the obligation) to take down any publicly shared content that violates our Use Restrictions.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.

5. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services will inevitably have some bugs. We track the bugs reported to us and work through priority issues, especially any related to security or privacy. Not all reported bugs will be fixed and we don't guarantee completely error-free Services.

Storage Space Limits & Fair use

Our current plans are designed to be fair and not get in the way. To make sure we are able to keep our product at our current prices, we've established storage limits for the usage of mymind.com.

With our STUDENT plan (only available for students), the file size limit is 15MB per file. The total storage is 100GB. The STUDENT plan does not support bulk uploads for files.

Our annual MASTERMIND plan ups the upload limit per file to 50MB and the total storage of your mind to 200GB. Bulk uploads are supported.

We've noticed the majority of our members do not come close to these limits, but if you do exceed these limits, please consider reaching out to us so we can find a possible solution for you.

mymind.com currently supports all major image formats and PDFs for file uploads. We do not support video files or other non-visual files at this point.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services means you are making a bet on us. If the bet does not work out, that's on you, not us. We do our best to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and by caring about you and your data. If you choose to use our Services, thank you for betting on us and giving your trust. We take it seriously.

If you have a question about any part of our Terms of Service, please contact service@mymind.com