Welcome to use the Mindy AI conversation communication software (hereinafter referred to as “This Service”). This Service is provided by Mindy AI (hereinafter referred to as “We”). This User Agreement (hereinafter referred to as “This Agreement”) is a legally binding agreement between you and us regarding the use of this Service.
This Agreement is governed by the principles of international law and the relevant international conventions, and applies to all users (hereinafter referred to as “you”) who access, browse, or use the Services. Please read and fully understand all the terms and conditions of this Agreement before using the Services, especially those relating to liability limitations, disclaimers, and intellectual property claims that may limit or exonerate us from liability.
If you do not agree to any of the terms of this Agreement, do not access, browse, or use the Services. Your access, browsing, or use of the Services will constitute your full understanding and irrevocable agreement to accept all the terms and conditions of this Agreement. If you use the Services on behalf of an entity, you represent and warrant that you have the right to accept the obligations of this Agreement on behalf of that entity.
1. Definition and Scope
1.1 Core Definitions
1.1.1 This Service
Means the conversation communication software and related complementary services that we develop and provide, with AI technology at the core, including but not limited to software clients, web-side, mobile-side applications and related functional modules, technical support services, etc.
1.1.2 Users
Means a natural person, corporation, or other organization that meets the terms and conditions of this Agreement, successfully registers or does not register but actually accesses, browses, or uses this Service.
1.1.3 User Content
Means all data, information, text, files, images, etc. that you actively enter, upload, and submit during your use of the Services (hereinafter referred to as “input content”), as well as the corresponding output content generated by the Services based on your input content (hereinafter referred to as “generated content”).
1.2 Applicability
This Agreement applies to all usage behaviors and related rights and obligations between you and us regarding this Service. If this Agreement is not complete, supplementary agreements such as our special rules, service instructions, and operating guidelines may be issued that have the same legal validity as this Agreement; if the supplementary agreement is inconsistent with this Agreement, the supplementary agreement will take precedence.
This agreement does not apply to any service provided by a third party, even if that third party service has a link or integration relationship with this service. Your use of third party services is subject to the relevant third party agreements and rules, and we assume no responsibility for third party services.
2. Provision and Use of Services
2.1 Service Provision
We have the right to independently determine the feature settings, content format and service scope of this Service based on technological development, market needs, operational planning, etc., and have the right to upgrade, update, optimize or pause, terminate part or all of this Service. We will, to a reasonable extent, notify you of relevant changes through in-service notifications, mail, etc., except in emergency situations (such as ensuring service security, responding to unexpected failures, etc.).
2.2 Registration and Account Management
2.2.1 Registration Obligations
Some service features may require you to make them available after registering for an account. When you register for an account, you should provide authentic, accurate, and complete information (such as an email address, etc.) and update your account information promptly to ensure its validity. You are solely responsible for the authenticity, accuracy, and completeness of your account information.
Account Security
You should properly store your account password and related authentication information, and take full responsibility for all activities that occur under your account. If you discover any security issues such as unauthorized use of your account, password leakage, etc., you should immediately notify us and take appropriate security measures. We will assist you to the extent reasonable, but will not bear any losses caused by you not properly storing your account information.
2.3 Usage Specifications
When you use the Services, you must comply with applicable international laws and regulations, public procedure and good manners, and the terms of this Agreement, and you must not use the Services to engage in any illegal activity that violates the law or harms the legitimate interests of others, including but not limited to: (1) transmission, distribution of illegal, harmful, insulting, libelous, obscene, violent, and other public procedure and good manners violating content; (2) infringing the legitimate interests of third parties, such as intellectual property rights, personal rights, and trade secrets; (3) interfering with the normal operation of the Services, or performing unauthorized technical operations, such as reverse engineering, reverse compilation, and decoding of the Services; (4) using the Services to engage in illegal criminal activities, such as fraud, money laundering, and marketing; and (5) other activities that violate international laws and regulations or the terms of this Agreement.
3. Intellectual Property Rights
3.1 Our Intellectual Property Rights
All intellectual property rights involved in the Services (including but not limited to software copyrights, patents, trademarks, trade secrets, AI models and algorithms, etc.) belong to us or relevant rights holders. This Agreement does not grant you any license regarding our intellectual property rights. You have the right to use the Services only to the extent stipulated in this Agreement, and may not copy, disseminate, transfer, or license any portion of the Services to others.
3.2 Intellectual Property Rights for User Content
3.2.1 Rights to Input Content
You retain all intellectual property rights (if any) to your input content. Your use of this Service does not constitute a transfer or waiver of any intellectual property rights to your input content. You guarantee that you have legal intellectual property rights to your input content or have obtained legal authorization from the relevant rights holders, and will not violate any intellectual property rights of third parties.
3.2.2 Rights to Generate Content
Under compliance with applicable laws and regulations as well as the terms of this agreement, you have the legal right to use the content generated by this Service and the associated intellectual property rights (if any). We do not claim ownership of the generated content, but you acknowledge and agree that we may use the generated content after de-identifying it for purposes such as optimizing the service, model training, etc., unless you expressly object and submit a “opt out” request in accordance with the terms of this agreement.
3.2.3 Authorized Licensing
You hereby grant us a non-exclusive, global, free license that allows us to use, store, and transmit your input and generated content to the extent necessary to provide, maintain, and optimize this Service. This license will continue to be effective after you terminate your use of this Service for a reasonable period of service termination and data processing, unless you request us to delete the relevant content and comply with legal and regulatory requirements.
4. Data Protection and Privacy
We value your personal data and privacy protection. For details on the specific ways we collect, use, store, and share your personal data, as well as related rights, see the Mindy AI Privacy Policy. By using this Service, you have read and agreed to the full content of the Mindy AI Privacy Policy.
5. Limitation and Disclaimer of Liability
5.1 Limitation of liability
To the extent permitted by law, we assume only reasonable discretionary obligations for the provision of this Service. We will not be responsible for any losses that are not due to our fault, such as losses due to irresistible force, third party behavior, your misconduct, or account information leakage. Unless otherwise stipulated in this agreement, we will not be liable for any compensation for direct losses resulting from your use of this Service that exceeds the service fees you actually pay us (if any); we will not be liable for indirect losses, expected profit losses, etc.
5.2 Service Disclaimer
We do our best to ensure the stability and accuracy of this Service, but do not guarantee that this Service is completely flawless or faultless, nor do we guarantee the absolute accuracy, completeness, or suitability of the content generated by this Service. The generated content provided by this Service is for your reference only, you should verify for yourself the legality, authenticity, and accuracy of the generated content, and you bear all responsibility arising from the use of the generated content.
5.3 Disclaimer of Third Party Responsibility
This Service may contain links to or integrations with third-party services, and we make no guarantees and assume no responsibility for the authenticity, legality, or security of third-party services. You use third-party services at your own risk.
6. Changes and Termination of Agreements
6.1 Changes to the Agreement
We have the right to amend and update this Agreement in accordance with changes in international laws and regulations, the operational needs of this Service, and other circumstances. When significant changes to this Agreement occur, we will notify you in significant ways through pop-ups, emails, etc. within the Service; for non-significant changes, we will publish the updated Agreement text in prominent locations on the Service Platform. Your continued use of this Service will be considered as if you have accepted the updated Agreement; if you do not accept, you should immediately stop using this Service.
6.2 Termination of the Agreement
6.2.1 Your Proactive Termination
You can request to sign off your account and terminate this agreement at any time through your service settings or by contacting us. After signing off your account, we will process your personal data in accordance with the terms of the Mindy AI Privacy Policy, except as required by law and regulations.
6.2.2 We actively terminate
If you seriously violate the terms of this agreement, we have the right to terminate this agreement at any time, suspend or terminate the provision of all or part of the services to you, and reserve the right to pursue legal liability against you. If we need to terminate this service due to business adjustments, irresistible forces, etc., we will notify you in advance within a reasonable period and take reasonable measures to protect your legitimate interests (such as assisting you in exporting relevant data, etc.).
6.2.3 Effectiveness After Termination
The termination of this agreement does not affect the effectiveness of the rights and obligations between the parties that have been established under the terms of this agreement (such as the provisions for intellectual property protection, accountability, dispute resolution, etc.).
7. Third-Party Services and Links
These Services may contain links to third-party websites, applications or services, or integrate functional modules provided by third parties. These third-party services are provided independently by their own operators and are not associated with us in any way. We take no responsibility for the content, quality, security, legality, etc. of third-party services, and do not guarantee the availability of third-party services. Those of you who access or use third-party services should review and comply with the relevant third-party agreements and rules at your own risk.
8. Underage Terms of Use
This Service is not intended for minors under the age of 16. If you are a minor under the age of 16, please do not access, browse or use this Service. If a minor uses this Service without the consent of their legal guardian, their legal guardian will bear the corresponding responsibility. If the legal guardian discovers that a minor is using this Service, they can contact us to help handle the relevant matter.
9. Dispute Resolution
9.1 Applicable Law
The establishment, execution, interpretation and dispute resolution of this Agreement are governed by the United Nations Commission on International Trade Law‘s General Rules for International Business Contracts and related international practices, excluding the application of conflicting law rules in any country or region.
9.2 Dispute resolution methods
Any dispute arising from or related to this Agreement should first be resolved by friendly negotiation; if negotiation fails, either party has the right to submit the dispute to the Singapore International Arbitration Centre (SIAC), which will arbitrate according to the arbitration rules in force at the time. The arbitration venue is Singapore, and the arbitration ruling is a final ruling that is binding on both parties.
10. Notification and Delivery
All notifications, reminders, etc. that we send to you can be delivered through in-service messages, the email address you provided when you registered, etc. Notifications, requests, etc. that you send to us should be delivered through the contact email address stipulated in this agreement. Messages delivered through an email address are considered delivered on the date they are sent; messages delivered through in-service messages are considered delivered when they are pushed to your account.
11. Other Terms
11.1 Divisibility
If any provision of this Agreement is deemed invalid and unenforceable by any jurisdiction, this provision does not affect the validity of the other provisions of this Agreement, and the other provisions should continue to be valid and enforceable.
11.2 Complete Agreement
This Agreement, together with our published supplementary rules, the “Mindy AI Privacy Policy”, etc., together constitute the complete agreement between you and us regarding the use of these Services, replacing any previous verbal or written agreement reached by both parties regarding the relevant matters.
11.3 Contact Us
If you have any questions, comments, or suggestions regarding this Agreement, or need to handle other matters related to this Service, you can contact us by:
Contact email: nadamarcel@outlook.com
We will process and respond to your inquiries and requests within the time limits specified by applicable laws and regulations.