Terms & Conditions

1. Acceptance of Terms

By using or accessing our Service, you agree to comply with and be legally bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you disagree with any part of these Terms, you may not access or use our Service.

2. Modifications to Terms and Service

2.1 Modifications to Terms

We reserve the right to modify these Terms at any time. The latest version will be indicated by an updated "Last Updated" date and will be effective immediately upon posting. For significant changes, we will notify you either by prominently posting within the Service or through a direct notification. Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms.

2.2 Updates to the Service

We reserve the right to periodically update or modify the Service, which may include new features, enhancements, or security improvements. The latest version will be indicated by an updated "Revised" date and will take effect immediately upon accessibility. For significant changes, we will notify you either by prominently posting within the Service or through a direct notification. Continued use of the Service signifies acceptance of any updates.

In certain jurisdictions, advance notice is required for changes that significantly affect user experience. Where applicable, we will provide such notice as legally required. To maintain uninterrupted access, you may be required to accept these updates, as failure to do so may impact the functionality or availability of the Service.

3. Eligibility

You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.

4. Account Registration and Responsibilities

You may be required to create an account to access features of the Service. You agree to provide accurate, complete, and up-to-date information during the registration process and to update such information as necessary. When creating or updating your account, we may request additional profile information such as your role, usage preferences, and how you discovered our Service to enhance your experience with MindMap AI.

You are solely responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account. We are not responsible for any unauthorized use of your account.

5. Use of the Service

You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for personal or business purposes, subject to these Terms. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws;
• Attempt to access any restricted areas of the Service without permission;
• Reverse-engineer, decompile, or disassemble any aspect of the Service.

We reserve the right to revoke your access to the Service if you violate these Terms.

6. Payment and Subscriptions

6.1 Fees

MindMap AI offers both free and paid subscription plans. By purchasing a subscription, you agree to pay all applicable fees based on your chosen plan. Payments for our services must be made with accurate and up-to-date payment information. MindMap AI reserves the right to change subscription fees or billing methods at any time, but you will be notified of any changes before they take effect.

6.2 Payment Method

Payments are processed securely through Stripe, and by using our Service, you agree to Stripe’s Terms of Service. Your payment information is stored and processed securely by Stripe, and MindMap AI does not retain any sensitive payment data. When you make a purchase, you authorize us, or our third-party payment processor, to charge your payment method for all due fees.

6.3 Subscriptions

Subscriptions are automatically renewed either monthly or annually based on your selected plan. Unless canceled at least 24 hours before the end of the current billing period, your subscription will automatically renew, and the payment method on file will be charged. If payment cannot be processed, we reserve the right to suspend or terminate your access to the Service until payment is received.

6.4 Subscription Cancellations

You may cancel your subscription at any time via your account settings or by contacting our support team. Cancellation will prevent future billing, but already paid fees are non-refundable. Your access to the Service will continue until the end of the current subscription period.

7. User Content and Compliance with Policies

7.1 User Content

By submitting or posting any content through the Service ("User Content"), you grant MindMap AI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and MindMap AI's business. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any third-party rights.

7.2 Compliance with External Policies and Third-Party Services

By using MindMap AI, users agree to adhere to all applicable policies, including any external guidelines essential for maintaining the integrity, safety, and compliance of the Service. This includes compliance with third-party policies where integrations or links to external services exist. Failure to comply with these policies (including abusive or harassing actions) may lead to prompt logging for review and potential investigation to ensure adherence to our Terms of Service and any applicable external requirements.

Furthermore, MindMap AI may incorporate links or integrations with third-party services not owned or controlled by us. We do not take responsibility for the content, privacy practices, or operational policies of these third-party services. By using MindMap AI, you acknowledge that any loss or damage arising from the use of such external services is not within our liability.

8. Intellectual Property

All content, software, and materials available on the Service, including but not limited to text, graphics, logos, icons, images, User Content, and software code (collectively, the "Content"), are the exclusive property of MindMap AI or our licensors and are protected by intellectual property laws. You may not use, modify, or distribute any Content without prior written consent from us.

9. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. MindMap AI disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by law, MindMap AI and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

However, this limitation of liability does not apply to:

• Damages arising from our gross negligence or willful misconduct.
• Violations of mandatory data protection obligations (such as those outlined in GDPR or CCPA).
• Unauthorized access to personal information resulting from a security breach, where liability will be determined in accordance with applicable data protection laws.

This clause is intended to limit liability to the extent permitted by law, but we remain committed to ensuring the security and integrity of your data and the Service.

11. Indemnification

You agree to indemnify, defend, and hold harmless MindMap AI, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

12. Term and Termination

12.1 Term

These Terms take effect from the moment you first access or use the Service and remain in full force while you continue using the Service. The Terms will remain active until your account is either deleted or terminated by you or us.

12.2 Termination

We reserve the right to suspend or terminate your access to the Service at any time, without prior notice, due to unforeseen circumstances, compliance with legal requirements, or at our discretion. In cases where necessary for service integrity or security, we may terminate accounts without providing explicit reasons.

However, users may contact support for general information about terminations. You acknowledge that the decision to terminate services is solely at our discretion, and we bear no liability for any such actions.

12.2.1 User-Initiated Termination

You may also choose to terminate your use of the Service by deleting your account. To do this, go to your profile settings, select "Delete account," and confirm by providing your email address and a reason for deletion. Once confirmed, we will delete or anonymize your data in accordance with our Privacy Policy and legal requirements.

12.3 Effect of Termination

Upon termination, you must immediately cease using the Service. We may promptly delete your account, password, and any related information or content from our systems without further notice. We assume no responsibility for any loss of data resulting from the termination. Additionally, if your account is terminated for a violation of these Terms or any other reason, you are prohibited from re-registering or accessing the Service through any alternative means.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

14. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and MindMap AI regarding the use of the Service and supersede all prior agreements, understandings, or communications between you and us, whether oral or written.

15. Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. MindMap AI may assign or transfer its rights and obligations under these Terms without restriction.

16. Force Majeure

MindMap AI shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond MindMap AI's reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

17. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to them will be governed by the laws of the State of Delaware, without regard to its conflict of law principles. However, we recognize that consumers in other jurisdictions may have mandatory rights under their local laws. In such cases, these Terms will be governed by the laws of Delaware to the extent permissible, while honoring any non-waivable rights under local consumer protection laws.

Any legal actions or proceedings arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to the jurisdiction of such courts.

18. Dispute Resolution and Arbitration

Any disputes arising out of or relating to these Terms or the Service shall be resolved through confidential binding arbitration conducted in Delaware, unless you opt out as described below. The arbitration shall be conducted under the rules of the American Arbitration Association.

You may opt out of this arbitration agreement by notifying us in writing within 30 days of your first use of the Service. If you do so, neither you nor MindMap AI can require the other to participate in an arbitration proceeding.

19. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

• Email: support@mindmapai.app

For immediate assistance, you can also reach out through our online support portal or email our support team at the address above.