Table of Contents
1. Acceptance of Terms
By accessing or using the MindChat platform, website, mobile application, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you and MindChat LLC ("MindChat," "we," "us," or "our"), a company incorporated in South Carolina, United States.
2. Description of Service
MindChat provides an AI-guided mental health monitoring and concussion awareness platform that combines validated clinical assessment tools (such as PHQ-9 and BAI) with EEG-based biofeedback technology. The Service is designed to:
- Provide informational insights into mental wellness trends over time.
- Support concussion awareness through objective EEG data supplementing subjective reporting.
- Offer organizations (healthcare providers, schools, corporations) a structured wellness monitoring tool.
The Service is available to individuals, healthcare organizations, educational institutions, and corporate wellness programs. Specific features and access levels depend on your subscription plan.
3. User Accounts
Registration
To access certain features, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
Eligibility
You must be at least 18 years of age to create an account. Users under 18 may only use the Service under the supervision of a parent, legal guardian, or authorized institution administrator. Organizational accounts for minors (e.g., school programs) must be established and managed by an authorized adult administrator.
Account Security
You agree to notify MindChat immediately at randy@mindchatapp.com of any unauthorized access to your account. MindChat is not liable for any loss resulting from unauthorized account access that occurs without our fault.
4. Medical Disclaimer
MindChat is not a medical device and is not intended to diagnose, treat, cure, or prevent any medical condition or disease. The insights and reports generated by the Service are for informational and monitoring purposes only. They should not be used as a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of a qualified healthcare professional with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information provided by MindChat. If you are experiencing a mental health crisis or medical emergency, contact emergency services (911) or a crisis hotline immediately.
EEG data collected through compatible headsets provides supplementary data points only. MindChat makes no representation that EEG readings constitute clinical-grade diagnostic measurements.
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law, regulation, or these Terms.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Upload, transmit, or distribute malicious code, viruses, or any content that is unlawful, harmful, or offensive.
- Attempt to gain unauthorized access to any part of the Service, servers, or networks connected to the Service.
- Scrape, crawl, or extract data from the Service by automated means without our prior written consent.
- Use the Service for any commercial purpose not expressly authorized by MindChat.
- Interfere with the security, integrity, or availability of the Service.
MindChat reserves the right to investigate and take appropriate action against anyone who violates these provisions, including suspending or terminating accounts.
6. Intellectual Property
All content, features, and functionality of the Service — including but not limited to text, graphics, logos, icons, software, algorithms, and the underlying technology — are owned by MindChat LLC or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.
MindChat holds two provisional patents related to the platform's core technology. Unauthorized reproduction, modification, distribution, or use of any part of the Service is strictly prohibited.
You retain ownership of any personal data and content you submit to the Service. By submitting content, you grant MindChat a limited, non-exclusive, royalty-free license to use that content solely for providing the Service to you.
7. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and protect your personal and health information, including our compliance with HIPAA technical safeguards and GDPR-aligned principles.
8. Payments & Subscriptions
Billing
Certain features of the Service require a paid subscription. By selecting a paid plan, you agree to pay the applicable fees as described on our pricing page. All fees are in United States Dollars unless otherwise stated.
Refunds
Subscription fees are generally non-refundable except as required by applicable law or as expressly stated in your plan agreement. If you believe you have been charged in error, contact us at randy@mindchatapp.com within 30 days of the charge.
Changes to Pricing
MindChat reserves the right to change subscription fees at any time. We will provide at least 30 days' notice before any price increase takes effect for existing subscribers.
9. Termination
You may terminate your account at any time by contacting us or through the account settings in the application. MindChat may terminate or suspend your access immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination (including intellectual property rights, disclaimers, indemnification, and limitations of liability) shall survive.
10. Limitation of Liability
To the fullest extent permitted by applicable law, MindChat LLC and its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, data, goodwill, or other intangible losses — arising from:
- Your access to or use of (or inability to access or use) the Service.
- Any conduct or content of any third party on the Service.
- Any health-related decisions made based on information provided by the Service.
- Unauthorized access, use, or alteration of your transmissions or content.
In no event shall MindChat's total aggregate liability exceed the amount you paid to MindChat in the twelve (12) months preceding the claim giving rise to such liability, or $100 USD if you have not made any payments.
11. Indemnification
You agree to defend, indemnify, and hold harmless MindChat LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts located in South Carolina.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date at the top of this page and, where appropriate, by sending an email to the address associated with your account or displaying a notice within the Service.
Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.
14. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Email: randy@mindchatapp.com
- Phone: 973-723-8649
- Address: 253 Sienna Drive, Little River, SC 29566