Terms and Conditions

NATURE OF THE SERVICE

MindFlow Works LLC dba MindFlow ("MindFlow") is a self-guided journaling, emotional reflection, and personal development application intended solely for educational, informational, and self-reflection purposes.

MindFlow does not:

• Provide medical advice;
• Provide psychotherapy, counseling, or mental health treatment;
• Diagnose, treat, cure, or prevent any mental health condition;
• Provide crisis intervention services;
• Provide emergency services;
• Create a therapist-client, counselor-client, physician-patient, fiduciary, or other professional relationship.

The App is not a substitute for professional medical, psychological, psychiatric, legal, financial, or other professional advice.

MindFlow is not a healthcare provider and is not subject to the Health Insurance Portability and Accountability Act ("HIPAA").

The App is not monitored in real time. Journal entries, emotional reflections, and other user content are not routinely reviewed, evaluated, or monitored by licensed professionals or crisis-response personnel.

MindFlow does not guarantee emotional improvement, personal growth, psychological benefit, improved relationships, increased self-awareness, or any specific outcome from use of the App.

By using the App, you acknowledge that reflecting on personal experiences, relationships, emotions, and life events may cause emotional discomfort, sadness, anxiety, frustration, stress, or other emotional responses. You voluntarily assume these risks.

The App is not intended for individuals experiencing severe, unmanaged, or acute mental health conditions.

AI FEATURES; INDEPENDENT JUDGMENT; THIRD-PARTY AI SERVICES

The App may include artificial intelligence ("AI") features that generate automated prompts, reflections, suggestions, summaries, insights, or other content.

You acknowledge and agree that:

• AI outputs are generated automatically and may be inaccurate, incomplete, misleading, or inappropriate.
• AI outputs are educational and informational only.
• AI outputs are not reviewed, approved, or verified by licensed medical, psychological, legal, financial, or other professionals.
• AI outputs are not medical advice, mental health treatment, psychotherapy, counseling, legal advice, or any other professional service.
• You are solely responsible for exercising independent judgment and seeking qualified professional assistance when appropriate.
• You agree not to rely upon AI-generated content when making medical, psychological, legal, financial, or other significant personal decisions.

Certain user inputs may be transmitted to third-party AI service providers solely for the purpose of generating AI responses and operating App functionality. MindFlow Works LLC dba MindFlow does not control the operation of such third-party AI systems and cannot guarantee the accuracy, completeness, availability, or suitability of AI-generated content.

MindFlow Works LLC dba MindFlow shall not be liable for any actions, decisions, emotional responses, damages, or losses resulting from the use of or reliance upon AI-generated content.

USER ELIGIBILITY

You must be 18 years or older (or the age of majority in your jurisdiction) to use the App. By using the App, you represent that you have legal capacity to enter into this agreement.

USER RESPONSIBILITIES

You are solely responsible for:

• Content you enter
• Personal information you provide
• Decisions or actions based on App content

You may not:

• Use the App unlawfully
• Upload harmful, illegal, defamatory, or infringing content
• Interfere with App security or functionality

MindFlow Works LLC dba MindFlow does not pre-screen user content.

PRIVACY & PERSONAL DATA

MindFlow Works LLC dba MindFlow collects personal information and content that you voluntarily provide, including journal entries, emotional reflections, drawings, uploaded content, and related account information.

We use your information solely to:

• Provide and maintain App functionality;
• Store, display, organize, and retrieve your content;
• Allow you to export, modify, and delete your content;
• Improve and develop the App using aggregated, anonymized, or de-identified information;
• Maintain security, prevent fraud, and comply with legal obligations.

We do not sell or rent personal information to advertisers.

Third-Party Service Providers

MindFlow may utilize third-party service providers necessary to operate the App, including cloud hosting providers, payment processors, analytics providers, customer support providers, and AI service providers. Such providers may access user information solely as necessary to perform services on our behalf and are contractually required to protect such information.

Future integrations involving additional sharing of personal information beyond what is necessary to operate the App will require user consent where required by law.

Data Security

Data is encrypted in transit and, where technically supported, at rest. Access is restricted to authorized personnel and service providers with a legitimate business need. While we implement commercially reasonable safeguards, no system can be guaranteed completely secure.

Data Retention and Deletion

Users may export, modify, or delete their content at any time.

Deleted content is removed from active systems as soon as reasonably practicable. Backup copies may remain for up to thirty (30) days for disaster recovery and security purposes before permanent deletion.

Certain security logs, audit records, legal compliance records, and anonymized or de-identified information may be retained after account deletion.

Children's Privacy

The App is intended solely for users who are at least eighteen (18) years of age. We do not knowingly collect personal information from children under eighteen (18). If we become aware that such information has been collected, we will take reasonable steps to delete it.

HIPAA Disclaimer

MindFlow Works LLC dba MindFlow is not a healthcare provider, covered entity, or business associate under the Health Insurance Portability and Accountability Act ("HIPAA"). Information submitted to the App is not protected health information under HIPAA.

Third-Party Information

You should not submit personal information regarding another individual unless you have lawful authority and consent to do so.

The license granted by users includes the right to create backups, perform troubleshooting, conduct security monitoring, and provide AI-powered functionality.

PAYMENTS AND SUBSCRIPTIONS

Billing Authorization: Subscriptions authorize recurring charges to your payment method.

Automatic Renewal: Subscriptions renew automatically unless canceled before renewal.

Refunds: Fees are non-refundable except as required by law.

Third-Party Marketplaces: Billing via Apple App Store or Google Play follows their rules; MindFlow Works LLC dba MindFlow is not responsible for their systems.

NO LIABILITY FOR USER CONTENT

You retain ownership of all content that you submit, upload, create, or store within the App.

By submitting content to the App, you grant MindFlow Works LLC dba MindFlow a limited, non-exclusive, worldwide, royalty-free license to store, host, reproduce, process, display, transmit, and otherwise use such content solely as necessary to operate, maintain, improve, secure, and provide the App.

You remain solely responsible for the legality, accuracy, and consequences of content you submit.

While MindFlow takes commercially reasonable measures to protect information, no security system is perfect. Except to the extent caused by our gross negligence or willful misconduct, MindFlow shall not be responsible for unauthorized access, data loss, device compromise, third-party misconduct, or security incidents beyond our reasonable control.

MindFlow Works LLC dba MindFlow shall not be liable for:

• Emotional reactions to your entries
• Consequences of disclosures
• Device compromise
• Unauthorized access outside our reasonable control
• Data usage by another party

While we take reasonable steps to protect data, we do not guarantee complete security. MindFlow Works LLC dba MindFlow App is provided “AS IS,” and we disclaim liability for any data breaches, unauthorized access, or other security incidents.

MindFlow Works LLC dba MindFlow may allow data to be shared with or accessed by third-party services. We are not responsible for how third parties collect, store or use user data.

By using the App, the User agrees to indemnify and hold harmless MindFlow Works LLC dba MindFlow Works LLC dba MindFlow Works LLC dba MindFlow from any claims, damages, or losses arising from User’s data being accessed or misused by others. Any integration or sharing requires user consent, but is not monitored by MindFlow Works LLC dba MindFlow.

You retain ownership of your entries and are responsible for their legality and consequences. MindFlow Works LLC dba MindFlow:

• Does not monitor, control, or process personal data except as needed for functionality
• Is not responsible for unauthorized access by third parties

Users indemnify and hold MindFlow Works LLC dba MindFlow, its owners, employees, contractors, and agents harmless for any claims, damages, or losses resulting from data being accessed, disclosed, or misused.

INTELLECTUAL PROPERTY

All App software, design, branding, and content (excluding user entries) are owned by MindFlow Works LLC dba MindFlow and protected by international intellectual property laws.

You receive a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

AI features may be modified, restricted, suspended, replaced, or discontinued at any time without liability

FEEDBACK

If you submit suggestions, ideas, or feedback, you grant MindFlow Works LLC dba MindFlow a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation.

PAYMENTS AND SUBSCRIPTIONS

Billing Authorization. By purchasing a subscription, you authorize recurring charges to your designated payment method.

AUTOMATIC RENEWAL

Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date. You authorize MindFlow Works LLC dba MindFlow (or the applicable app marketplace) to charge your payment method on a recurring basis until cancellation.

You are responsible for managing cancellations through your account or third-party marketplace. Failure to cancel before renewal will result in automatic billing.

Pricing Disclosure. All pricing and billing frequency will be clearly disclosed prior to purchase.

Refunds. Fees are non-refundable except where required by applicable law.

Third-Party Marketplaces

If you subscribe via Apple App Store or Google Play, billing and cancellation are governed by their respective terms. MindFlow Works LLC dba MindFlow is not responsible for third-party billing systems.

By purchasing a subscription, you expressly acknowledge the recurring nature of the subscription and authorize recurring charges until cancellation.

MODIFICATION OF SERVICE

MindFlow reserves the right to suspend, restrict, disable, or terminate access to the App at any time, with or without notice, if:

• You violate these Terms;
• You engage in unlawful conduct;
• You misuse the App;
• Your actions create security, legal, operational, or reputational risks;
• We are required to do so by law.

MindFlow may remove content, restrict functionality, suspend accounts, or terminate access when reasonably necessary to protect users, the App, service providers, or compliance obligations.

You may terminate your account at any time by following account deletion procedures within the App.

Termination does not affect accrued rights, obligations, payment responsibilities, indemnification obligations, arbitration provisions, intellectual property rights, or limitations of liability that survive termination.

BETA FEATURES

The App may offer experimental or beta features. Beta features are provided “AS IS” without warranties and may be modified or removed at any time.

DISCLAIMER OF WARRANTIES

The App is provided “AS IS” and “AS AVAILABLE.”

To the fullest extent permitted by law, MindFlow Works LLC dba MindFlow disclaims all warranties, express or implied.

We do not guarantee emotional outcomes, psychological improvement, uninterrupted service, or AI accuracy.

LIMITATION OF LIABILITY

SECTION 13 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDFLOW WORKS LLC DBA MINDFLOW SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR EMOTIONAL DISTRESS DAMAGES ARISING OUT OF OR RELATED TO THE APP.

EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT BE LIMITED BY LAW, MINDFLOW'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE APP SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MINDFLOW DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

INDEMNIFICATION

You agree to indemnify and hold harmless MindFlow Works LLC dba MindFlow from claims arising from:

• Your use or misuse of the App
• Violation of these Terms
• Violation of laws
• Infringement of third-party rights
• Content you submit
• Reliance on AI outputs

FORCE MAJEURE

MindFlow Works LLC dba MindFlow shall not be liable for failures caused by events beyond reasonable control, including natural disasters, cyberattacks, infrastructure failures, AI content or government actions.

DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

SECTION 16 – DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

Any dispute arising out of or relating to these Terms or the App shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

Arbitration shall take place in Maricopa County, Arizona, unless the parties agree to remote arbitration or another location.

You waive any right to participate in a class action, collective action, or representative proceeding.

Either party may bring an eligible claim in small claims court.

You may opt out of arbitration within thirty (30) days of account creation by sending written notice to:

MindFlow Works LLC
Attn: Arbitration Opt-Out

wmindflow@gmail.com

GOVERNING LAW; CONSUMER RIGHTS

These Terms shall be governed by and construed under the laws of the State of Arizona, without regard to conflict-of-law principles.

If arbitration is determined to be unenforceable, exclusive jurisdiction and venue shall lie in the state and federal courts located in Maricopa County, Arizona.

Nothing in these Terms limits any non-waivable consumer rights provided under applicable law.

MindFlow does not guarantee emotional improvement, personal growth, psychological benefit, relationship improvement, self-awareness, or any particular outcome.

The App is not monitored in real time and should not be used to seek emergency assistance, crisis intervention, suicide prevention services, or urgent mental health support.

MindFlow does not routinely monitor, review, or evaluate user journal entries or emotional content.

In the event of a data security incident, MindFlow will provide notice as required by applicable law.

EXTERNAL RESOURCES

The App may provide reference to external organizations, including the Hope forHealing Foundation. MindFlow Works LLC dba MindFlow is not affiliated with, endorsed by, or responsible for any such organization. References are provided solely as additional resources for users.

ELECTRONIC COMMUNICATIONS

By using the App, You consent to receive electronic communications related to your account and these Terms.

EXPORT COMPLIANCE

You represent that you are not located in a sanctioned jurisdiction and will comply with applicable export laws.

ASSIGNMENT

MindFlow Works LLC dba MindFlow may assign these Terms without restriction. You may not assign without written consent.

SEVERABILITY

If any provision is unenforceable, the remainder remains in effect.

ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the entire agreement between you and MindFlow Works LLC dba MindFlow.