YouMind Terms of Service

Effective 24 October 2024

Agreement to Legal Terms

These Terms of Use (“Terms”) are a legally binding agreement between you, either individually or on behalf of an entity (“you”), and Mind Bicycle HK Limited (”YouMind”, “Company,” “we,” “us,” “our”). By accessing and using the YouMind platform and related services (“Services”), you agree to comply with these Terms. If you do not agree with all these Terms, you are prohibited from using the Services and must discontinue use immediately.

Our Services

The Services include the YouMind platform, software, applications, and other related offerings. The information provided on our Services is intended for users in jurisdictions where such access does not violate local laws. Users are responsible for ensuring their compliance with all applicable laws.

User Representations

By using the Services, you represent and warrant that:

  1. You have the legal capacity and agree to comply with these Legal Terms;
  2. You are not a minor in the jurisdiction where you reside;
  3. You will not access the Services through automated or non-human means, such as bots or scripts;
  4. You will not use the Services for any illegal or unauthorized purpose;
  5. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).

Prohibited Activities

You agree not to use the Services for any unlawful purposes, to harass others, or to engage in any activity that disrupts the Services. This includes, but is not limited to, data scraping, reverse engineering, and distributing malicious software.

As a user of the Services, you agree not to:

  1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to obtain sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  5. Use any information obtained from the Services to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Services in a manner inconsistent with any applicable laws or regulations.
  8. Engage in unauthorized framing of or linking to the Services.
  9. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  11. Delete the copyright or other proprietary rights notice from any Content.
  12. Attempt to impersonate another user or person or use the username of another user.
  13. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  14. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  16. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  17. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  19. Except as may result from standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  20. Use a buying agent or purchasing agent to make purchases on the Services.
  21. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  22. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
License to Your Content

When using YouMind, you may provide, upload, or generate content (“Your Content”). YouMind does not claim ownership of Your Content and grants you full rights to use it as you wish, including for commercial purposes. However, YouMind reserves the right to remove or block any content that violates these Terms.

By using YouMind, you grant us a license to use, store, display, and modify Your Content as needed to operate and improve the Services. This license is royalty-free, transferable, sublicensable, worldwide, and valid as long as Your Content is stored with us. We may share Your Content with third parties if necessary to provide the Services or comply with legal obligations.

YouMind also reserves the right to remove or edit any of Your Content at any time. By submitting Your Content, you confirm that you have all necessary rights and permissions to do so and that it does not infringe on any third-party rights.

Intellectual Property

The Services, including trademarks, copyrights, designs, text, and the overall “look and feel,” are the intellectual property of YouMind and its representatives, protected by international copyright and trademark laws. You may not modify, distribute, reproduce, or exploit any part of the Services or its intellectual property without prior written consent. Violation of this term may result in immediate removal from the Services without notice or refund.

Payment

When purchasing Services from YouMind, you’ll need to provide accurate payment details. You confirm that you have the legal right to use the provided payment method. Payments are processed through third-party services, and by submitting your payment information, you agree to share it with these providers under our Privacy Policy.

Payment isn’t confirmed until you receive a confirmation email. We reserve the right to reject or cancel payments due to service unavailability, suspected fraud, or pricing errors. Once processed, your account will be updated with the purchased features.

Prices are typically shown in USD and may change with 14 days’ notice. You’re responsible for any applicable taxes. Subscription payments will be charged periodically, and you can cancel at any time. Payments are non-refundable, except as required by law.

Complimentary services may be provided at our discretion and can be revoked at any time. Attempts to fraudulently obtain these services may result in charges or account termination.

Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services.

Without limiting any other provision of these Legal Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Legal Terms or any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you have posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We retain the right to alter, modify, or remove content from the Services at our sole discretion, and at any time, without prior notice. While we reserve this right, we are under no obligation to update any information on our Services. We are not liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Services.

We cannot guarantee that the Services will always be available. Technical issues, such as hardware or software problems, or necessary maintenance, may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, or discontinue the Services at any time, for any reason, without notice. You agree that we are not responsible for any loss, damage, or inconvenience you may experience due to the inability to access or use the Services during any downtime or discontinuation. Nothing in these Legal Terms obligates us to maintain, support, or provide corrections, updates, or releases for the Services.

Disclaimer and Limitations of Liability

The Services are provided on an "as-is" and "as-available" basis. Your use of the Services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, in connection with the Services and your use of them. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no guarantees about the accuracy or completeness of the content provided through the Services or the content of any websites or mobile applications linked to the Services. We will not be liable for any:

  1. Errors, mistakes, or inaccuracies in content and materials;
  2. Personal injury or property damage of any kind resulting from your access to and use of the Services;
  3. Unauthorized access to or use of our secure servers and any personal or financial information stored within them;
  4. Interruption or cessation of transmission to or from the Services;
  5. Bugs, viruses, Trojan horses, or similar harmful elements that may be transmitted to or through the Services by any third party; or
  6. Errors or omissions in any content and materials, or any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way

Under no circumstances shall we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of the amount paid by you to us, if any, or . Certain state and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold us harmless—along with our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees—from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, arising from:

  1. Your use of the Services;
  2. Your breach of these Legal Terms;
  3. Any breach of your representations and warranties set forth in these Legal Terms;
  4. Your violation of any third party's rights, including but not limited to intellectual property rights; or
  5. Any intentional harmful act toward another user of the Services with whom you connected via the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your own expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

Force Majeure

We are not liable for any failure to fulfill obligations under these Terms due to events beyond our control, including natural disasters, war, terrorism, civil unrest, or other unforeseen circumstances. Such events relieve us of our responsibilities for the duration of the disruption.

User Data

We may retain certain data that you transmit to the Services for the purpose of managing and optimizing their performance, as well as data related to your usage of the Services. While we perform routine data backups, you are solely responsible for maintaining the data you transmit or that is connected to any activities you engage in while using the Services. You agree that we are not liable for any loss or corruption of such data, and you waive any right to take action against us for any such loss or corruption.

Governing Law and Dispute Resolution

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

For any concerns or disputes regarding the Service, you agree to first attempt to resolve them informally by contacting the Company.

Refund Policy

Payments are non-refundable unless otherwise required by law. These Terms do not supersede any mandatory local laws concerning your right to cancel. If you need to request a refund (or partial refund), please reach out to us via the in-app messenger or by emailing us: contact@youmind.ai. Once approved, refunds will be processed to the original payment method used.

Revisions and Errors

The Services may contain technical, typographical, or photographic errors. YouMind does not guarantee the accuracy, completeness, or timeliness of the Services. We reserve the right to make changes to the Services at any time without prior notice, but we are under no obligation to update the Services.

Notification of Changes

We reserve the right to modify these Terms at any time. By continuing to use the Services, you accept the updated Terms. We will notify you of significant changes via email or in-product notification, which will take effect 30 days after notice. All other changes are effective immediately. It is your responsibility to regularly review the Terms for updates.

Miscellaneous

These Legal Terms, along with any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. These Legal Terms do not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Contact Us

For any questions or concerns about these Terms, please contact us: contact@youmind.ai