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MyndSpark

Terms of Service

Terms of Service

Effective Date: March 31, 2025
Last Updated: August 25, 2025

 

1. INTRODUCTION

These Terms of Service (“Terms”) constitute a binding agreement between you (“User,” “you”) and MyndSpark Inc. (“MyndSpark,” “we,” “our,” or “us”) governing your access to and use of the MyndSpark mobile application, website, and related services (collectively, the “Services”).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

 

2. ELIGIBILITY

(a) Users 13 and Under. If you are 13 years of age or younger, you may only use the Services with the verified permission of a parent or legal guardian. By using the Services, you represent and warrant that such permission has been obtained.

(b) Users Under 18. If you are under 18 years of age (but over 13), you must have the consent of a parent or legal guardian to use the Services. By using the Services, you represent and warrant that you have obtained such consent.

(c) General Confirmation. By accessing or using the Services, you confirm that you meet these eligibility requirements and have obtained all necessary parental or guardian consents, where applicable.

 

3. DESCRIPTION OF SERVICES

The Services provide digital tools intended for general wellness and self-help purposes, which may include but are not limited to:

  • An AI-powered chatbot (“Princy AI”);
  • Journaling and mood-tracking features;
  • Daily tasks, affirmations, and insights;
  • Curated wellness-related content; and
  • Optional access to e-commerce offerings.

The Services are provided solely for personal, non-commercial use unless expressly authorized by MyndSpark in writing.

 

4. NO MEDICAL OR PROFESSIONAL ADVICE

(a) Informational Use Only. The Services, including all chatbot responses, journaling features, and related content, are provided for general informational and self-help purposes only.

(b) No Substitute for Care. The Services do not constitute, and are not intended to substitute for, professional medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment.

(c) Seek Professional Help. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or mental health concern. If you are experiencing an emergency, call your local emergency number immediately.

 

5. ACCOUNT REGISTRATION

To access certain features, you may be required to create an account. You agree to:

  • Provide true, current, and complete information;
  • Maintain and promptly update such information;
  • Keep your login credentials secure;
  • Notify us immediately of unauthorized access to your account.

We reserve the right to suspend or terminate accounts that are inaccurate, misleading, or used in violation of these Terms.

 

6. USER CONTENT

(a) Ownership. You retain ownership of content you submit to the Services (“User Content”), including journal entries, affirmations, and goals.

(b) License to MyndSpark. By submitting User Content, you grant MyndSpark a worldwide, royalty-free, non-exclusive, limited license to process, anonymize, and de-identify such content for the purpose of providing, maintaining, and improving the Services.

(c) Privacy. Your private content (e.g., journals) will not be shared publicly unless you expressly choose to do so.

 

7. DATA COLLECTION AND PRIVACY

Our collection and use of personal information are governed by our Privacy Policy, which forms part of these Terms.

Such information may include, without limitation:

  • Personal details such as name, email, and age;
  • Mood check-ins, goals, and task completion data;
  • Device and technical usage information;
  • Interactions with the chatbot (processed through third-party providers such as OpenAI).

By using the Services, you consent to our data practices as described in the Privacy Policy.

 

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MyndSpark, its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to:

  • Your use or misuse of the Services;
  • Your violation of these Terms; or
  • Your violation of any applicable law or third-party rights.

 

9. WARRANTY DISCLAIMER

The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

  • The Services will be uninterrupted, secure, or error-free;
  • The AI or content responses will be accurate, reliable, or complete; or
  • The Services will meet your expectations or intended outcomes.

 

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall MyndSpark or its affiliates be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, goodwill, health, or emotional well-being, arising from or related to your use of the Services.

Our total aggregate liability for all claims under these Terms shall not exceed CAD $100, regardless of the form of action.

 

11. TERMINATION

We may, in our sole discretion and without prior notice, suspend or terminate your access to the Services if you violate these Terms or if we believe such action is reasonably necessary to protect MyndSpark, our users, or third parties.

You may terminate your account at any time by deleting it through the app settings.

 

12. GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

 

13. CHANGES TO TERMS

We may amend these Terms at any time. Material changes will be communicated through the Services. Continued use after such changes constitutes acceptance of the revised Terms.

 

14. SECURITY

We implement reasonable technical and organizational safeguards to protect your information. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.

In the event of a security breach affecting your data, we will notify you and regulators as required by law.

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