Terms of Service

1. Acceptance of Terms

By downloading, installing, or using MindSpace, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our app.

2. Description of Service

MindSpace is a wellness journaling and mood tracking application that provides:

• Daily journaling capabilities
• Mood tracking and visualization
• AI-powered personal reflections and suggestions (Soul Reflection)
• Community support features
• Personal insights collection

3. Important Disclaimer

Crisis Resources:

• Malaysia — Befrienders KL: 03-7627 2929 (24 hours)
• Malaysia — Mental Health Psychosocial Support Service (MHPSS): 03-2935 9935
• Malaysia — Talian Kasih: 15999 (24 hours, Ministry of Women, Family and Community Development)
• International: International Association for Suicide Prevention — Find your local crisis centre

4. Age Requirement

You must be at least 13 years old to use MindSpace. By creating an account, you confirm that you meet this age requirement. If you are under 18, you should have parental or guardian consent to use this app. We do not knowingly collect information from children under 13. If we discover that a child under 13 has created an account, we will delete it immediately.

5. User Accounts

5.1 Account Creation

To use MindSpace, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials.

5.2 Account Security

You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage from your failure to protect your account information.

5.3 Account Deletion

You may request account deletion by contacting our support team. Upon deletion request, we will permanently delete your account and associated data within 30 days, except where retention is required by law.

6. User Conduct

You agree NOT to:

• Use the app for any illegal or unauthorized purpose
• Post harmful, abusive, or offensive content in the social feed
• Harass, bully, or threaten other users
• Share false or misleading information
• Attempt to hack, reverse engineer, or compromise the app's security
• Use the app to provide medical or psychological advice to others
• Scrape or collect user data without permission
• Violate any applicable laws or regulations

7. Content Ownership

7.1 Your Content

You retain ownership of all journal entries, posts, and content you create in MindSpace. By using our app, you grant us a license to store, process, and display your content for the purpose of providing our services.

7.2 AI-Generated Content

Important Limitations:

• AI-generated reflections and suggestions should NOT be used as a substitute for professional mental health care
• Do NOT make medical or psychological treatment decisions based solely on AI analysis
• We do NOT guarantee the accuracy, completeness, reliability, or suitability of AI-generated content
• AI responses are for personal growth and wellness purposes and may not apply to your specific situation
• Always consult a licensed mental health professional for diagnosis, treatment, or medical advice
• By using AI analysis features, you acknowledge and accept these limitations

8. No Guarantee of Mental Health Outcomes

MindSpace makes NO guarantees, warranties, or promises regarding:

• Mental health improvement or therapeutic benefits from using the app
• Prevention, reduction, or elimination of mental health symptoms
• Effectiveness of journaling, mood tracking, or AI-generated reflections for your specific condition
• Accuracy or applicability of AI-generated reflections and suggestions to your situation
• Any specific results, outcomes, or benefits from app usage

Mental health outcomes vary greatly between individuals. Results that others may have experienced from using MindSpace are not typical and do not guarantee similar results for you. Your use of the app is entirely at your own risk.

9. Token System and In-App Purchases

9.1 Token System

MindSpace uses a token-based system for accessing premium app features:

• New users may receive welcome bonus tokens (promotional, subject to change or discontinuation)
• Tokens may be earned through engagement activities (promotional, subject to change or discontinuation)
• We reserve the right to modify, suspend, or discontinue any token bonus or earning programs at any time without notice
• Tokens are used to access premium features, including but not limited to AI suggestions and Soul Reflection, advanced analytics, and other app functionality
• We reserve the right to add, remove, or modify which features require tokens at any time
• Tokens have no monetary value and cannot be exchanged for cash or transferred to other users
• We may issue token refunds for failed or incomplete feature usage at our sole discretion
• Unused tokens may expire after a period of account inactivity (if applicable, users will be notified)

9.2 In-App Purchases

MindSpace offers in-app purchases of tokens through Apple App Store and Google Play Store:

• All purchases are processed by Apple or Google, subject to their terms and conditions
• Purchases are non-refundable except as required by law or Apple/Google policies
• Prices may vary by region and are subject to change without notice
• Purchased tokens are tied to your account and non-transferable
• We reserve the right to modify token pricing and packages at any time
• For refund requests, contact Apple or Google customer support directly

10. Termination

We reserve the right to suspend or terminate your account if you violate these Terms of Service. You may also request account deletion by contacting our support team. Upon termination, all your data will be permanently deleted within 30 days, except where retention is required by law.

11. Disclaimers and Limitation of Liability

11.1 No Warranties

MindSpace is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty that the app will meet your requirements, be error-free, secure, or uninterrupted.

11.2 Limitation of Liability

To the maximum extent permitted by applicable law, MindSpace and its operators, employees, affiliates, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, including but not limited to:

• AI-Related Harm: Any harm, injury, mental distress, or adverse outcomes resulting from reliance on AI-generated reflections, suggestions, analysis, or content
• Medical Decisions: Decisions made based on AI-generated content or app features, including but not limited to treatment decisions, medication changes, or crisis management
• Mental Health Outcomes: Mental health deterioration, crisis situations, self-harm, suicide, or any negative mental health outcomes, whether or not related to app usage
• Inaccurate AI Content: Errors, inaccuracies, incompleteness, or inappropriateness of AI-generated reflections or suggestions
• Data Issues: Data loss, corruption, unauthorized access, privacy breaches, or technical failures affecting your data
• Service Interruptions: Interruptions, errors, bugs, downtime, or unavailability of service
• Third-Party Actions: Third-party content, services, actions, or data breaches
• Financial Losses: Loss of profits, revenue, tokens, or business opportunities

Maximum Liability Cap: In no event shall our total aggregate liability to you for all claims arising from or related to your use of MindSpace exceed the amount you have paid to us in the 12 months prior to the claim, or $100 USD, whichever is less.

11.3 Not HIPAA Compliant

MindSpace is NOT HIPAA compliant and is not intended for use in healthcare settings or as a medical records system. Do not use this app to store protected health information subject to HIPAA regulations. This is a consumer wellness app, not a medical device or healthcare service.

12. Indemnification

You agree to indemnify, defend, and hold harmless MindSpace and its operators, employees, affiliates, and service providers from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of the app or AI-generated content
• Your violation of these Terms of Service
• Your violation of any third-party rights, laws, or regulations
• Content you post or share through the app
• Any harm caused by decisions, actions, or inactions based on app usage or AI analysis
• Reliance on AI-generated reflections or suggestions for medical or psychological decisions
• Unauthorized access to your account due to your failure to protect credentials

13. Binding Arbitration and Class Action Waiver

13.1 Agreement to Arbitrate

You and MindSpace agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the app (collectively, "Disputes") will be settled by binding arbitration, except that either party may take claims to small claims court if they qualify.

Arbitration means you waive your right to a judge or jury in a court proceeding and your grounds for appeal are limited. An arbitrator can award the same damages and relief as a court, and must follow these Terms as a court would.

13.2 Class Action Waiver

You and MindSpace agree that any proceedings to resolve Disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means:

• You cannot bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action
• An arbitrator cannot combine multiple people's claims into a single case
• An arbitrator's decision applies only to the individual who brought the claim

If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

13.3 Arbitration Procedure

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration body in Malaysia, or as otherwise agreed between the parties. The arbitration will be conducted in English unless otherwise agreed.

13.4 Exceptions to Arbitration

Notwithstanding the above, either party may:

• Bring claims in small claims court if they qualify
• Seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights

13.5 Opt-Out Right

You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to support@mindspaceapps.com with the subject line "Arbitration Opt-Out" and including your name, email, and clear statement that you wish to opt out. If you opt out, this arbitration provision will not apply to you, but all other terms will continue to apply.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.

14.2 Informal Dispute Resolution

Before initiating arbitration or court proceedings, you agree to first contact us at support@mindspaceapps.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days. This informal dispute resolution is a condition precedent to filing any arbitration or legal claim.

14.3 Jurisdiction for Non-Arbitrated Disputes

For any disputes not subject to arbitration (either by opt-out or exception), you agree to submit to the exclusive jurisdiction of the courts of Malaysia.

15. General Provisions

15.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. However, if the class action waiver in Section 13.2 is found unenforceable, the entire arbitration provision in Section 13 shall be void.

15.2 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.3 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets without restriction.

15.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MindSpace regarding the use of the app and supersede any prior agreements.

16. Changes to Terms

We may update these Terms of Service from time to time. We will notify you of significant changes via email or in-app notification at least 7 days before the changes take effect. Your continued use of MindSpace after changes indicates acceptance of the updated terms. If you do not agree to the changes, you must stop using the app and may request account deletion.

17. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: support@mindspaceapps.com
• Website: www.mindspaceapps.com
• App: MindSpace
• Operator: Individual operation - Malaysia