Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the MindWell application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App. These Terms constitute a legally binding agreement between you and MindWell Inc. ("Company," "we," "us," or "our").

2. Description of Service

MindWell is a mental wellness application that provides:

• AI-powered companions (Luna and Dr. Mindwell) for therapeutic conversations
• Mood tracking and mental health insights
• Guided exercises based on CBT, DBT, and mindfulness techniques
• Private journaling with AI-powered prompts
• Mental wellness resources and educational content

MindWell is designed to supplement, not replace, professional mental health care. Our AI companions are not licensed therapists and cannot provide medical diagnoses or treatment.

3. User Eligibility

You must be at least 17 years old to use MindWell. By using the App, you represent and warrant that you are at least 17 years of age and have the legal capacity to enter into these Terms. If you are under 17, you may not use the App.

4. User Accounts

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Promptly update your account information as needed
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized use

5. Subscription Plans & Billing

Available Plans:

• Free Tier: Basic mood tracking, limited journal entries, 3 AI chat sessions per month
• Premium Monthly: $9.99/month - Unlimited access to all features
• Premium Annual: $89.99/year - All Premium features with 25% savings

Billing Terms:

• Subscriptions automatically renew unless canceled
• Payment is charged at confirmation of purchase
• You can cancel anytime through your app store account settings
• No refunds for partial billing periods
• Price changes will be notified 30 days in advance

6. User Content & Journal Privacy

You retain all rights to the content you create in MindWell, including journal entries, mood logs, and conversation histories ("User Content"). By using the App, you grant us a limited license to:

• Process your content to provide personalized insights
• Store your encrypted content securely
• Use anonymized, aggregated data to improve our services

We will NEVER share your personal content with third parties without your explicit consent, except as required by law.

7. AI Interaction Guidelines

When interacting with our AI companions, you agree to:

• Not use the AI for illegal, harmful, or abusive purposes
• Understand that AI responses are not professional medical advice
• Not attempt to manipulate the AI to provide inappropriate content
• Report any concerning AI behavior to our support team

Our AI is designed to be supportive and helpful, but it has limitations. Always consult qualified professionals for serious mental health concerns.

8. Prohibited Uses

You may not:

• Use the App to harm yourself or others
• Share content that is illegal, threatening, or abusive
• Attempt to reverse engineer or hack the App
• Use the App for any commercial purposes without permission
• Create multiple accounts to abuse free tier limits
• Share your account with others

9. Mental Health Emergency Protocol

MindWell includes crisis resources within the app, but these are not substitutes for immediate professional help in emergencies.

10. Intellectual Property

All content, features, and functionality of MindWell, including but not limited to text, graphics, logos, and software, are the exclusive property of MindWell Inc. and are protected by copyright, trademark, and other intellectual property laws.

11. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Breach of these Terms
• Conduct that we believe is harmful to other users or the App
• At our sole discretion for any reason

Upon termination, your right to use the App will cease immediately. You may request deletion of your data as outlined in our Privacy Policy.

12. Disclaimers

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• THAT THE APP WILL MEET YOUR SPECIFIC NEEDS

MINDWELL IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDWELL INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE APP.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless MindWell Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the App or violation of these Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts located in San Francisco County, California.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via the App or email. Your continued use after such modifications constitutes acceptance of the updated Terms.

17. Contact Information

For questions about these Terms of Service, please contact us at: