Imprint


Jellyfish Interactive
David Wiedenau Einzelunternehmen
Dechant-Fröls-Straße 2
52351 Düren
GERMANY

VAT ID: DE315548315
Email: [email protected]

Terms of Service

Last revised on: June 9th, 2024

 

The Mindscape AI mobile application (“Mindscape AI” or the “Applications”) are copyrighted works belonging to Jellyfish Interactive / David Wiedenau Einzelunternehmen and its affiliates (“Company”, “us”, “our”, and “we”). Certain features of Mindscape AI may be subject to additional guidelines, terms, or rules, which will be posted on Mindscape AI in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These Terms apply to all users and other persons (“users,” “you,” as applicable) that access, download, install, register with or use Mindscape AI, (all use by you and any user on your Account, “your use”, and such users, “your users”).

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of Mindscape AI. By accessing or using Mindscape AI, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent), including that you are of legal age to enter into these terms (typically, at least 18 years old). neither you nor your users may access or use Mindscape AI if you or they are not at least 13 years old. IF YOU OR YOUR USERS ARE UNDER 18 YEARS OLD (OR THE AGE OF LEGAL MAJORITY WHERE YOU OR THEY LIVE), YOU OR THEY MAY ONLY USE Mindscape AI UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER 18 YEARS OLD (OR THE APPLICABLE AGE OF MAJORITY), YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS AND OMISSIONS OF SUCH USER IN CONNECTION WITH Mindscape AI. If you do not agree with all of the provisions of these Terms, do not access and/or use Mindscape AI OR ALLOW ANY ACCESS AND/OR USE BY ANOTHER USER.

please be aware that section 10.2 of THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

 

1. ACCOUNTS

1.1. Account Creation. In order to use certain features of Mindscape AI, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on Mindscape AI. Company may suspend or terminate your Account in accordance with Section 8. In the event your registration utilizes an account from a third-party, you agree to allow us to access such third-party account as permitted by the applicable terms and conditions governing use of that third-party account. Special account requirements apply to certain employee and Enterprise usage as set forth in Section 1.3.

1.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. ACCESS TO Mindscape AI

2.1. License.

2.1.1. If you maintain a Paid Subscription: Subject to these Terms (including your compliance with Section 1.3 when applicable, the license set forth in Section 3.2 and the disclaimers set forth in Section 6), (i) Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access Mindscape AI during the term of your Paid Subscription and (ii) you own your Generated Content (as defined in Section 3.4) created during the term of your Paid Subscription to the extent possible under current law and this ownership will persist even if you end your Paid Subscription.

2.1.2. If you do not maintain a Paid Subscription: Subject to these Terms (including the license set forth in Section 3.2 and the disclaimers set forth in Section 6), Company grants you (i) a non-transferable, non-exclusive, revocable, limited license to use and access Mindscape AI solely for your own personal, noncommercial use, and (ii) a license to your Generated Content under Creative Commons Noncommercial 4.0 Attribution International License.

2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) except to the extent allowed with respect to your Generated Content pursuant to Section 2.1 or as expressly permitted by us in writing otherwise, you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Mindscape AI or Mindscape AI Content, whether in whole or in part; (b) except to the extent allowed with respect to your Generated Content pursuant to Section 2.1, you shall not modify or make derivative works of Mindscape AI Content; (c) you shall not disassemble, reverse compile or reverse engineer any part of Mindscape AI or Mindscape AI Content, including, without limitation, source code, algorithms or machine learning models or the components thereof; (d) you shall not access Mindscape AI or use output therefrom to build, train or improve (directly or indirectly) a similar or competitive website, product, or service; (e) except as expressly stated herein, no part of Mindscape AI may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (f) you shall not use any method to extract data or content from Mindscape AI other than in the ordinary course of reasonable and non-automated use; (g) you shall not use Mindscape AI Content in any manner that suggests or implies that such information or content is human-generated; and (h) you shall not use Mindscape AI or any output therefrom (i) in any unlawful manner or for any unlawful purpose, (ii) in any manner that infringes or violates any third party rights or (iii) otherwise outside the scope or manner expressly permitted by these Terms. Unless otherwise indicated, any future release, update, or other addition to functionality of Mindscape AI shall be subject to these Terms. All copyright and other proprietary notices on Mindscape AI (or on any content displayed on Mindscape AI) must be retained on all copies thereof.

2.3. Modification Company reserves the right, at any time, to modify, suspend, or discontinue Mindscape AI (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of Mindscape AI or any part thereof.

2.4. No Support or Maintenance; No Guarantees. You acknowledge and agree that (a) Company will have no obligation to provide you with any support or maintenance in connection with Mindscape AI and (b) no guarantees are made related to the quality, reliability or uptime of Mindscape AI.

2.5. Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in Mindscape AI (including Customized Features, defined below) and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to Mindscape AI) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Unless expressly permitted by us in writing otherwise, you agree not to modify, tamper with or remove any watermark, notice or other marking on any content or information provided by Mindscape AI.

2.6. Feedback. If you provide Company with any feedback or suggestions regarding Mindscape AI (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

2.7. Non-Exclusive. Notwithstanding anything to the contrary in these Terms, nothing in these Terms shall prohibit us from creating or providing any output or results (a) that are the same as or similar to the output made available to you or (b) from information or content that is the same as or similar to your User Content.

2.8. Purchases and Subscriptions. Some functionality and use of Mindscape AI is free of charge. We also offer access to certain enhanced services and additional features for a fee (“Purchased Features”). You may purchase the Purchased Features through a third party, such as Apple App Store or Google Play, or via the Mindscape AI website. If you purchase the Purchased Features from a third party, separate terms and conditions with such third party in addition to these Terms may apply. If purchasing Purchased Features on a subscription basis (a “Paid Subscription”), your payment for such Purchased Features will automatically renew and continue until terminated. You must cancel your Paid Subscription before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans, pricing and Purchased Features we offer from time to time. Please contact the third party (Apple App Store or Google Play support), as applicable, regarding any refunds or to manage your Purchased Features. We are unable to view, access, or modify any financial transactions from Apple or Google LLC in-app subscriptions. Instead, please reach out to the appropriate support team of Apple or Google LLC in relation to your Paid Subscription to request any refunds. You can cancel your Paid Subscription by signing in to your account and following the instructions for canceling your Paid Subscription. If made via a Google in-app subscription or purchase learn more about refunds from Google Play

here

. You can request a refund for an Apple in-app subscription or purchase by following the guidance

here

. Payment processing services for purchases made via the Mindscape AI website are provided by Stripe, Inc. As a condition of Mindscape AI enabling payment processing services through Stripe, Inc., you agree to provide us with accurate and complete information about you, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe, Inc. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED FEATURES FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED FEATURES, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.

 

2.9. Customized Features. We may, from time to time, make available to you certain functionality or use of Mindscape AI that includes Customized Features. “Customized Features” means any and all features, functionalities, machine learning models or any artificial intelligence technologies(for image generation or otherwise) made available by us to you, or used in the production of any Mindscape AI Content, that is customized or custom-developed in any manner to your requirements or requests (including, without limitation, requests for model training using your User Content). You acknowledge and agree that Customized Features shall be the sole and exclusive property of the Company. For the avoidance of doubt, Customized Features include, without limitation, any “custom model” or similar creation in Mindscape AI. Notwithstanding anything to the contrary in these Terms, in no event will (a) any Customized Feature or any portion thereof be considered “works made for hire” under the Copyright Act of 1976 or exclusive to you in any manner or (b) you have any rights, title or interest thereto other than the express limited rights granted in these Terms. Customized Features and any portion thereof are solely licensed to you pursuant to Section 2.1.

3. CONTENT

3.1. Content. “User Content” means any and all information and content that a user submits to, or uses with, Mindscape AI (e.g., content in the user’s profile, text inputs and prompts, postings, comments and uploads in any format, such as images, video, text or audio). “Mindscape AI Content” means any and all information and content, other than User Content, that is output from, or made available on or by, Mindscape AI. You are solely responsible for your User Content and your use of Mindscape AI Content. You assume all risks associated with use of your User Content and Mindscape AI Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content or Mindscape AI Content that personally identifies you or any third party. You hereby represent and warrant that (a) your User Content does not violate our Acceptable Use Policy (defined in Section 3.3); (b) the disclosure and provision of your User Content to us will not violate any law or contractual, legal, fiduciary or other obligation of yours to, or right of, any third party, (c) you have all necessary rights, licenses, consents (including any required verifiable parental consent under the Children’s Online Privacy Protection Act or similar laws), permissions, waivers and releases, and have provided all required notices (including privacy notices), for the storage, use and transfer of all your User Content by you and us and (d) your User Content shall not include any Personal Data unless provided in accordance with applicable law. You may not represent or imply to others that your User Content or use of Mindscape AI Content is in any way provided, sponsored or endorsed by Company. Since you alone are responsible for your User Content and use of Mindscape AI Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. For the purposes of these Terms, “Personal Data” means any data that is deemed personal data or personal information (or other analogous variations of such terms) under and subject to any data protection law or regulation applicable to such data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the California Consumer Privacy Act, each as may be amended from time to time.

3.2. License. You acknowledge and agree that you will benefit from our ability to make improvements to Mindscape AI over time. You hereby grant (and you represent and warrant that you have the right to grant) to Company and their successors and assigns an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, store, transfer, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and your Generated Content, and to grant sublicenses of the foregoing rights, for the purposes of including and using your User Content and your Generated Content in connection with the operation of its businesses (including to develop and improve Mindscape AI); provided, that in cases where such User Content is your Limited Use Content (as defined below), (i) such operation of its businesses shall be limited to the provision of Mindscape AI and its functionality and (ii) any public display or distribution shall be at your direction or with your prior consent. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content and your Generated Content.

3.3. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

 

3.3.0. You agree not to: (i) upload, transmit, or distribute to or through Mindscape AI any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through Mindscape AI unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use Mindscape AI to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to Mindscape AI, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to Mindscape AI (or to other computer systems or networks connected to or used together with Mindscape AI), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of Mindscape AI; or (vi) use software or automated agents or scripts to produce multiple accounts on Mindscape AI, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) Mindscape AI (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Mindscape AI website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

3.4. Enforcement; Generated Content.

3.4.1. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content or Mindscape AI Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, any Mindscape AI Content resulting from your actions, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities. While we try to ensure that Mindscape AI Content is aligned with Mindscape AI’s Content Policy, certain Mindscape AI Content is generated directly from User Content at the user’s direction using artificial intelligence technology (such Mindscape AI Content, “Generated Content,” and when directly from your User Content at your direction, “your Generated Content”). The artificial intelligence technology we use is new and novel and may produce unexpected results. We make no guarantees that Generated Content will be suitable for all audiences or purposes.

3.4.2. Certain User Content may be designated by us as Limited Use Content. “Limited Use Content” means solely that portion of User Content which are images uploaded or otherwise submitted to Mindscape AI by a user for the creation of Generated Content (when uploaded or submitted by you, “your Limited Use Content”). You acknowledge and agree that certain functionalities of Mindscape AI may require that we store and process your Limited Use Content throughout the period of your use of Mindscape AI (e.g., functions that use your Limited Use Content for customizing your Generated Content on a continuous basis).

4. INDEMNIFICATION.

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of Mindscape AI, (b) your violation of these Terms, (c) your violation of applicable laws or regulations and (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. THIRD-PARTY LINKS & ADS; OTHER USERS

5.1. Third-Party Links & Ads. Mindscape AI may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

5.2. Other Users. Each Mindscape AI user is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other Mindscape AI users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Mindscape AI user, we are under no obligation to become involved.

5.3. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Mindscape AI (including any interactions with, or act or omission of, other Mindscape AI users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

6. DISCLAIMERS

Mindscape AI may change at any time and in any manner, at the Company’s sole discretion. This includes, without limitation, updates to and discontinuation of features previously available. We make no guarantees related to the quality, reliability or uptime of Mindscape AI. We make no representations or warranties related to current law that might apply to you, including with respect to the ownership of your Generated Content if you maintain a Paid Subscription. We advise you to refrain from relying on Mindscape AI or creating any dependency related to Mindscape AI in any manner. You acknowledge and agree that (a) we will have no liability to you, your customers or any third party for any harm caused by your reliance or dependency on Mindscape AI and (b) you are solely responsible for determining the legality of your use and redistribution of Mindscape AI Content.

Mindscape AI IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT Mindscape AI WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO Mindscape AI, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, Mindscape AI, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, Mindscape AI IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. TERM AND TERMINATION.

Subject to this Section, these Terms will remain in full force and effect while you use Mindscape AI. We may suspend or terminate your rights to use Mindscape AI (including your Account) at any time for any reason at our sole discretion, including for any use of Mindscape AI in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use Mindscape AI will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.8, and Sections 3 through 10.

9. COPYRIGHT POLICY.

Company respects the intellectual property of others and asks that users of Mindscape AI do the same. In connection with Mindscape AI, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of Mindscape AI who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of Mindscape AI, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. . your physical or electronic signature;
  2. . identification of the copyrighted work(s) that you claim to have been infringed;
  3. . identification of the material on our services that you claim is infringing and that you request us to remove;
  4. . sufficient information to permit us to locate such material;
  5. . your address, telephone number, and e-mail address;
  6. . a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. . a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

10. GENERAL.

10.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on Mindscape AI. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of Mindscape AI following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10.2. Dispute Resolution. Please read this Section 10.2 (sometimes referred to herein as this “Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

10.2.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

10.2.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 1201 2nd Ave, 26th Floor, Seattle, Washington 98101. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

10.2.3. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

10.2.4. Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

10.2.5. Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.2.1 (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

10.2.6. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in San Francisco County of the State of California. All other disputes, claims, or requests for relief shall be arbitrated.

10.2.7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: arbitration-opt-out@Mindscape AI.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

10.2.8. Severability. Except as provided in Section 10.2.6 (Waiver of Class or Other Non- Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

10.2.9. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

10.2.10. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: arbitration-opt- out@Mindscape AI.com.

10.3. Export. Mindscape AI may be subject to U.S. export control laws and may be subject to export or import regulations in other countries, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. You represent and warrant that you are (a) not located in any country or region that is subject to a U.S. government embargo and (b) not a denied party as specified in the regulations listed above.

10.4. Disclosures. Company is located at the address in Section 10.8. If you are a Washington resident, you may report complaints to the Consumer Resource Center of the Attorney General’s office by contacting them in writing at 800 Fifth Ave, Seattle, WA 98104, or by telephone at (800) 551-4636.

10.5. Electronic Communications. The communications between you and Company use electronic means, whether you use Mindscape AI or send us emails, or whether Company posts notices on Mindscape AI or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

10.6. Government Terms. We provide Mindscape AI, including related software and technology, for ultimate federal government end use solely in accordance with these Terms. If you are an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of Mindscape AI, or any related documentation of any kind, including technical data, software, and manuals, is restricted by these Terms. All other use is prohibited and no rights other than those provided in these Terms are conferred. Mindscape AI was developed fully at private expense.

10.7. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of Mindscape AI. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

10.8. Copyright/Trademark Information. Copyright © 2024 Mindscape AI, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on Mindscape AI are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

10.9. Additional Terms Applicable to iOS The following terms apply if you use Mindscape AI on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).

10.9.1. Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.

10.9.2. Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.

10.9.3. Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

10.9.4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms, the Company has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

10.9.5. Product Claims. You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

10.9.6. Intellectual Property Rights. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

10.9.7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.

10.9.8. Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to the contact set forth below.

10.9.9. Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.

10.9.10. Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).

Contact Information:

Jellyfish Interactive
David Wiedenau Einzelunternehmen
Dechant-Fröls-Straße 2
52351 Düren
GERMANY

Mail: [email protected]

 

Privacy Policy

 

This Privacy Policy was last updated on June 9th, 2024.

Privacy Policy - Highlights

When you use or interact with our website, mobile applications and other related services, we and third parties may obtain certain information about you. In this Highlights section, we provide an overview of our privacy practices related to the Services. Please review our full Privacy Policy below for a detailed explanation of our practices.

What Information We Obtain

  • Information you provide when you use the Services, including when you sign up for communications, purchase products or services, create an account or register through the Services. This may include your contact, payment or demographic information.
  • Information collected by automated means such as cookies or pixels. This may include information about your device and browser, including IP address, as well as information about how you and others use, interact with or respond to the Services. This collection may take place while you are using a Service or while the Service is running in the background of your device.
  • Information we obtain from other sources, such as social media platforms.

Read more in our full Privacy Policy below.

How We Use Information We Obtain

  • To process your requests and provide you with the Services, including enhancing and improving the quality and your overall experience with the Services. Note that we use your payment card information (such as your card number and expiration date) for limited purposes such as to process your transaction (including recurring payments, if applicable), to provide you with the requested products or services and to protect our rights or the rights of others.
  • To learn about users of the Services and analyze how you and others interact with and respond to the Services.
  • To communicate with you, including to send you marketing and promotional communications.
  • To protect our rights and the rights of others.

Read more in our full Privacy Policy below.

How We Share Information

  • With our affiliates and subsidiaries.
  • With service providers that perform services or handle transactions on our behalf.
  • With companies that help us learn how you and others interact with our Services.
  • With social media platforms and similar services, including when you interact with our Services that integrate tools and services provided by social medial platforms.
  • Other parties when required by law or as necessary to protect our rights, and in the context of corporate transactions.
  • With your consent or otherwise at your direction.

Read more in our full Privacy Policy below.

Your Choices

  • You may unsubscribe from our marketing or promotional emails by clicking the “Unsubscribe” link in our emails, or for certain Services, by logging into your account and adjusting your preferences.

Read more in our full Privacy Policy below.

Additional Information

  • We use a variety of security technologies and procedures to help protect information from unauthorized access, use or disclosure.
  • The Services are operated from the United States. Information may be processed and stored in the United States or other countries.
  • The Services are not intended for use by children under the age of 13.
  • This Privacy Policy is part of the applicable agreements which govern your use of the Services and any disputes related to your use of the Services (including our use of your information) will be resolved per the dispute resolution provision in such agreements.
  • Additional disclosures and rights apply to California, Virginia, Colorado, Utah and Connecticut residents and European Economic Area and United Kingdom residents. These are included at the end of this Privacy Policy.

Read more in our full Privacy Policy below.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at [email protected].

Privacy Policy - Full

Our Policy

Welcome to the web site (the “Site”) of Jellyfish Interactive / David Wiedenau Einzelunternehmen / Mindscape AI (“Mindscape AI”, “we”, “us” and/or “our”). This Site is operated by Mindscape AI and has been created to provide information about our company and our web and mobile applications and other related services (together with the Site, the “Services”) to our Service users (“you”, “your”). This Privacy Policy sets forth Mindscape AI’s policy with respect to information including Personal Data and other information that is collected from users of the Services. To the extent information is (a) associated with an identified or identifiable natural person and (b) protected as personal data under applicable data protection laws, such information is referred to in this Privacy Policy as “Personal Data”.

What Information We Obtain

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

Information you give us

We collect Personal Data from you when you voluntarily provide such information or in response to when we ask for certain information, such as when you contact us with inquiries, register for access to the Services or use certain Services. You may not be able to use certain features if you choose not to submit information that is requested. This Personal Data may include information such as:

  • Contact information (e.g., name, mailing address, email address or phone number).
  • Demographic, interests and household information (e.g., age, gender or education).
  • Payment information for subscriptions or purchases made through the Services (e.g., payment card number, expiration date and billing information).
  • Comments, photos, videos and other content or information you choose to submit, upload, input or publish on the Services or otherwise share with us.
  • Other information you may allow us to access through your device’s permissions settings, such as your contacts or address book.
  • Transactional and activity information (e.g., requests, searches or orders).

In cases where you use our Services to submit or upload any content (e.g., text inputs/prompts, photographs, images, videos) for processing to get an output from the Service, please be mindful of what your content may include. You should be cautious when submitting any content that may contain Personal Data (and particularly, avoid submitting any sensitive Personal Data). In addition, even though a submission may be deleted, the output generated may be kept on our servers. In many cases, that output will reflect characteristics or substance similar to the original content you submitted.

Information automatically collected

The Services automatically log certain information about use or visits to the Services, such as the number and frequency of visitors, technical information about browsers and devices used to access the Services, and information about crashes or other technical issues. In addition, we and third parties may automatically collect certain information through automated means about your activities over time across the Services. The tools that collect this information vary depending on the Services and include technologies such as cookies, web beacons, tags, scripts, pixels, local shared objects (including HTML5 cookies) and software development kits (“SDKs”). These technologies may be included in our web pages, mobile apps, emails, and other digital content. The tools may assign or collect unique cookie IDs or other identifiers associated with your browser or device. The tools may collect information while you are using our Services or while they are running in the background of your device.

The information automatically collected may include:

  • Information about your computer, device, browser and operating system (e.g., type, model, or version).
  • Internet protocol (IP) address, which may be used to derive your general geographic area (e.g., city and country).
  • Device identifiers (e.g., mobile advertising IDs).
  • Information about your interactions with the Services, including browsing activities and clickstream data that reflect the content you have accessed, clicked on, or viewed.
  • Information about how you accessed the Services.
  • Information about your interactions with email messages and other communications, such as whether you opened or forwarded the email or clicked on links contained in the email.

We use Google Analytics and Firebase, which are web analytics services. They use cookies to help us analyze how users use the Services and enhance your experience when you use the Services. You can opt-out of certain features of these services by following the instructions provided by Google in

Google’s Privacy Policy.

 

Wherever Mindscape AI collects Personal Data we make an effort to provide a link to this Privacy Policy. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Mindscape AI and the authorized third parties referred to herein located in the United States.

Information we obtain from other sources

We receive information about you from other sources and it may be combined with other information about you. For example, we may obtain data from:

  • Social media and other consumer platforms and similar services (“Social Media Platforms”). When you engage with our content or ads on Social Media Platforms, or interact with features on the Services that contain content or features provided by Social Media Platforms (e.g., login or sign in features or tools that allow you to share our content with others on Social Media Platforms), we may obtain information from Social Media Platforms, including your username, user ID, demographic information and other information, subject to the settings and privacy practices of the relevant Social Media Platform. We may obtain this information directly from the Social Media Platform or through plug-ins, integrations or applications. Please keep in mind that the operators of the Social Media Platforms may also gather information about your use of the Services and their features and tools.
Third Party Tracking; Do Not Track Signals

We may (and we may allow third parties to) use cookies or other technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy. However, you may elect not to accept cookies by changing the designated settings on your web browser. Please note that some features of our Site may not function without essential cookies.

Non-Identifiable Data

When you interact with Mindscape AI through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Mindscape AI may store such information itself or such information may be included in databases owned and maintained by Mindscape AI affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

How We Use Information We Obtain

If you make a purchase through or in connection with a Service, we use your payment card information (e.g., your card number and expiration date) for limited purposes such as to process your transaction (including recurring payments, if applicable), to provide you with the requested products or services and for the purposes described under the section “To protect our rights or the rights of others” below.

With respect to information other than your payment card information, we use that information:

To provide you with the Services. This includes:
  • Processing your requests regarding the Services and our subscriptions, products or services.
  • Providing customer assistance or technical support.
  • Customizing content, providing recommendations and enhancing the quality and your overall experience with the Services, including by retaining your user preferences or presenting content in the most effective manner for the browser or device you use to access the Services.
  • Maintaining, operating, improving and developing the Services and related content, products or services, including developing new products and features based on users’ interactions with the Services and automatically updating the Services on your devices.
  • Learning about users of the Services and analyzing how you and others interact with and respond to the Services, including by measuring and optimizing usage, reliability and performance, conducting market research, analyzing trends, and supporting our operations (e.g., for accounting, auditing, financial, legal or other purposes).
To communicate with you. This includes:
  • Sending you informational messages about the Services (e.g., to confirm your activity or notify you of changes to a Service).
  • Delivering marketing or promotional communications.
  • Responding to your questions or addressing your requests.
For advertising and marketing purposes. This includes:
  • Developing, managing and conducting advertising and marketing campaigns, promotions and offers, including about our products and services and other initiatives.
  • Analyzing and measuring the performance, effectiveness and reach of our advertising and marketing efforts.
To protect our rights or the rights of others. This includes:
  • Detecting, preventing and responding to fraud or potentially illegal activities, misuse of the Services, intellectual property infringement or other violations of law, this Privacy Policy, our Terms of Use or other Mindscape AI policies and agreements.
  • Performing audits, assessments and testing or troubleshooting activities.
  • Backing up our systems (including for disaster recovery purposes) and enhancing the overall security of the Services.
  • Complying with and enforcing applicable industry and legal requirements (including legal process such as court orders, warrants or subpoenas) and fulfilling contractual obligations.
Aggregated personal data

In an ongoing effort to better understand and serve the users of the Services, Mindscape AI often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Mindscape AI may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Mindscape AI may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, to other third parties for other lawful purposes, or to the public for general advertising purposes.

How We Share Information

Mindscape AI is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

  • Affiliates and Subsidiaries. We work closely with our affiliates and subsidiaries with whom we share your information as necessary or appropriate to operate the Services.
  • Service Providers. In connection with the operation and provision of the Services, we engage various third parties to provide services or handle transactions on our behalf, such as payment card processing, cloud computing and analytics. These service providers use the information we provide to them as necessary or appropriate for the performance of their services.
  • Social Media Platforms. If you interact with social media widgets, share content using social media share buttons, or access features of the Services that contain content or features provided by Social Media Platforms, the relevant Social Media Platforms may collect information. We encourage you to review the privacy policies of the Social Media Platforms that you engage with as we are not responsible for their privacy practices.
  • Other Parties When Required by Law or As Necessary to Protect Our Rights. We may share your information as we believe is necessary or appropriate to protect, enforce, or defend our legal rights, the privacy or safety of our employees, users of the Services or other individuals and entities, or to comply with or enforce applicable industry standards, law or legal process, including responding to court orders, warrants, subpoenas and other requests from public and government authorities.
  • Corporate Transactions. We reserve the right to transfer any of the information we have about you to proceed with the consideration, negotiation, or completion of a sale or transfer of all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition or other disposition, or in connection with a bankruptcy reorganization, dissolution, or liquidation.
  • With Your Consent or Otherwise at Your Direction. In addition, we may share your information with third parties when you consent to or request such sharing.

Your Choices

Direct Marketing Opt-Outs
  • Email marketing. You may opt out of receiving marketing or promotional emails from us by clicking on the “unsubscribe” link contained in such emails. Depending on the Service you use, you also may be able to opt out of marketing or promotional emails by logging into your account and managing your email preferences. Please keep in mind that if you opt out of receiving marketing or promotional emails, we may still send you transactional emails or other communications relating to your use of the Services (e.g., to confirm your activity, to inform you of changes to a Service or in response to your password recovery request).
  • Text message marketing. If you choose to participate in a text message marketing campaign or promotion offered in connection with a Service, you may opt out of receiving marketing texts from us by following the instructions contained in those messages (e.g., texting the word STOP) or provided to you when you elected to receive text message marketing.
Website (Browser) Opt-Out
  • Disabling Cookies. Most browsers accept cookies by default. You may be able to change the settings to have your browser refuse certain cookies or notify you before accepting cookies.
  • If you choose to disable the use of cookies in your web browser, some features of the Services may become difficult to use or unavailable.
  • Opt-out Cookies. You can follow the instructions provided by the Digital Advertising Alliance (“DAA”)

    here

    and/or the Network Advertising Initiative (“NAI”)

    here

    to place an opt-out cookie on your browser. These opt-out cookies enable you to block participating companies from installing future cookies on your computer or browser.
  • If you place opt-out cookies but subsequently clear or delete cookies on your computer or device browser, your opt-out cookies may be deleted and you may have to renew your opt- out choices for that specific browser.
  • The opt-out mechanisms offered by the DAA and NAI are provided by third parties. Mindscape AI does not control or operate these mechanisms or the choices provided through these mechanisms.
Mobile App Opt-Out
  • Device Settings. To limit interest-based advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as

    “Limit Ad Tracking”

    for iOS or

    “Opt-out of interest-based ads”

    for Android.
  • AppChoices Application. You can download the “AppChoices” application provided by the DAA from your app store. AppChoices offers a mechanism to limit the collection of app data used for interest-based ads by participating companies. See

    here

    for more.

Please keep in mind that as the mobile environment continues to evolve, additional opt-out mechanisms or privacy settings may become available to you. We encourage you to review the information on opt-outs and settings that device manufacturers, technology companies and industry associations make available to you.

Do Not Track

Mindscape AI does not currently take steps to respond to browsers’ “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.

 

Additional Choices
  • User account and information. If you have created an account on a Service, you may be able to review some of your information for that account by logging in and updating your information or user preferences. You may also submit a request to delete your account and certain Personal Data we have collected about you in connection therewith by sending your request to data-requests@Mindscape AI.com or the physical address provided in the Contact Us section of this policy. Notwithstanding the foregoing, Mindscape AI reserves the right to retain certain information to comply with applicable law or regulation, prevent fraud, resolve disputes, enforce any agreement with you and take any other actions permitted by law.
  • Device Settings. For relevant Services, you may be able to review and adjust your preferences by updating the settings on your device.
  • Push Notifications. If a Service enables push notifications on your device, you may review and update your push notification preferences by adjusting the settings on your device. For example, you can select the relevant app from “Notifications” (for iOS devices) or “App notifications” (for Android devices) and turn off alerts accordingly.

Security

Mindscape AI takes reasonable and appropriate steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. We cannot guarantee its absolute security. Please keep this in mind when disclosing any Personal Data to Mindscape AI via the Internet.

Children

Mindscape AI does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. Due to requirements in the EEA, if you are an EEA resident you must be at least 16 years old in order to use our Services. To the extent prohibited by applicable law, we do not allow use by the EEA residents younger than 16 years old. If you are aware of anyone in the EEA younger than 16 using our Services, or if you have reason to believe that a child under the age of 13 has provided Personal Data to Mindscape AI through the Services, please contact us at privacy@Mindscape AI.com, and we will endeavor to delete that information from our databases.

Links to Other Properties or Services

This Privacy Policy applies only to the Services. The Services may contain links to other web sites or properties not operated or controlled by Mindscape AI (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Mindscape AI endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Changes to this Privacy Policy

The Services and our business may change from time to time. As a result, at times it may be necessary for Mindscape AI to make changes to this Privacy Policy. Mindscape AI reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy will be governed by the terms of such revised Privacy Policy.

Exclusions

This Privacy Policy does not apply to any Personal Data collected by Mindscape AI other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Mindscape AI through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Mindscape AI shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Other Terms and Conditions

Your access to and use of a Service is subject to the Terms of Use at www.Mindscape AI.com/terms-of-use and/or any other agreement governing such Service.

Minors

We do not knowingly collect or disclose personal information of minors under the age of 16, without affirmative authorization.

Additional Information for EEA and UK Residents

The following section applies only to individuals in the European Economic Area (“EEA”) and the United Kingdom (“UK”).

Legal bases for using your information

We process personal information for different purposes (as described in the “How We Use Information We Obtain” section, above) on the following legal bases:

  • To perform our contractual obligations to you. We and our service providers process your information to perform our contractual obligations to you when we use your information to provide you with the Services and related content, products or services and to communicate with you. For example, when you purchase a product, service or subscription from us, we process your payment and contact information as necessary to confirm the purchase and we process your contact information and other details to provide you with support services you request. We also send you informational communications on this basis, including to confirm activity or to notify you of a change to a Service. Failure to provide requested information could prevent or delay the fulfilment of our contractual obligations.
  • To pursue our legitimate interests. We process your information to meet our legitimate interests when we use your information to provide you with the Services and related content, products or services, to communicate with you and for our advertising and marketing purposes. For example, our legitimate interests include making improvements to, customizing and understanding how you interact with the Services and related content, products or services, and sending you communications about products and services we think may be of interest to you. To accomplish our legitimate interests, we may share your information with our affiliates and subsidiaries, service providers and business partners (including for our advertising and marketing purposes) and in the context of a corporate transaction. We maintain safeguards to protect the information we process to pursue our legitimate interests.
  • To comply with our legal obligations. We process and share your information as necessary to comply with our legal obligations when we use your information to protect our rights or the rights of others and when we share your information with other parties where required by law or as necessary to protect our rights. For example, we may be required to collect certain information from you when processing your purchase payments for tax or financial reporting reasons.
  • With your consent. We obtain your consent to process your information when we are required to do so by law. If consent is the legal basis on which we process your personal information, you can withdraw your consent at any time by contacting us using the information provided in the “Contact Us” section above.
Additional rights

In addition to other rights you may have under this Privacy Policy, as an individual located in the EEA or UK you have the right to:

  • request copies of your Personal Data (we may charge you a small fee for this service);
  • where Personal Data is inaccurate or incomplete, ask for Personal Data to be rectified or completed;
  • request the transfer of your Personal Data to another party;
  • ask that Personal Data be erased;
  • make a complaint to an applicable data protection authority about the manner in which we process your Personal Data; and
  • object to us processing your Personal Data by asking for the processing of that Personal Data to be restricted or stopped, under certain conditions.

If you would like to discuss or exercise such rights, please contact us at data-requests@Mindscape AI.com. We will contact you if we need additional information from you in order to honor your requests.

Storing your information

We may keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we may retain your personal information for a period of time that enables us to:

  • Maintain business records for analysis, understanding market trends and/or audit purposes and to improve the Services.
  • Comply with record retention requirements under applicable laws or other relevant legal or regulatory requirements.
  • Defend, establish, exercise or bring any existing or potential legal claims.
  • Carry out fraud detection and prevention.
  • Deal with any complaints regarding the Services.

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.

International transfers of information we collect

Information collected through the Services will be processed in and subject to the laws of the United States, which may not provide the same level of protection for your personal information as your home country. If we transfer personal data from the EEA, UK and Switzerland we put in place safeguards. In particular, such safeguards include European Commission-approved standard contractual clauses. For more information on these safeguards, please contact us at the details provided in the “Contact Us” section above.

Changes to the Privacy Policy

Where changes to this Privacy Policy have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will post advanced notice so that you have the opportunity to exercise your rights (e.g., to object to the processing).

Privacy Officer and Complaints

We are committed to working with you to obtain a fair resolution in the event you have a complaint or concern about privacy. We can be contacted at [email protected]. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to a data protection authority.