Terms of Service

Effective Date: January 14, 2026 Last Updated: January 14, 2026

Important: The Service provides mental health and wellness support tools. It is not medical care, not a substitute for professional advice, and not for emergencies. See Section 4 for details.

These Terms of Service (the "Terms" or "Agreement") are a legally binding contract between you ("you" or "User") and Daniel Escalante ("MindFriend," "we," "us," or "our") governing your access to and use of MindFriend (the "Service"), including the MindFriend mobile application (the "App"), related websites, features, content, and subscriptions.

1. Acceptance of These Terms

1.1 Agreement to Terms

By downloading, accessing, or using the Service, you:

Confirm that you have read and understood these Terms, and
Agree to be bound by them.

If you do not agree, do not use the Service.

1.2 Additional Terms and Policies

These Terms incorporate by reference:

Our Privacy Policy: https://getmindfriend.app/privacy
Any in-app policies, community guidelines, or supplemental terms presented to you for specific features (collectively, "Supplemental Terms")

If Supplemental Terms conflict with these Terms, the Supplemental Terms will control only for the specific feature they govern.

1.3 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the App or other reasonable means. Your continued use of the Service after the updated Terms take effect constitutes acceptance to the extent permitted by law.

If you do not agree to updated Terms, you must stop using the Service and may delete your account.

2. Definitions

For clarity, the following definitions apply:

"AI Companion" means the AI-powered conversational feature of the Service that generates responses to your messages.
"Content" means text, images, audio, video, and other materials made available through the Service, including our materials and User Content.
"User Content" means any content you submit, store, transmit, publish, or otherwise make available through the Service (e.g., mood notes, Circle check-ins, chat messages).
"Circle" means a private group feature within the Service where members can share check-ins and related content.
"Subscription" means a paid recurring plan or in-app purchase that unlocks premium features.
"Third-Party Services" means services provided by third parties (e.g., Apple App Store, analytics providers, cloud hosting).
"Device" means the mobile device you use to access the Service.
"Applicable Law" means laws and regulations that apply based on your location, including consumer protection and privacy laws.

3. Eligibility, Accounts, and User Responsibilities

3.1 Eligibility and Age Requirements

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you represent that you have permission from a parent or legal guardian to use the Service.

We do not knowingly allow children under 13 to use the Service. If we learn that a user is under 13, we may delete the account and associated data.

3.2 Account Registration and Accuracy

You may need an account to use certain features. When creating an account, you agree to:

Provide accurate information where requested
Keep your account information up to date
Maintain the confidentiality of your login credentials

3.3 Account Security

You are responsible for all activity that occurs under your account, including activity by anyone who gains access to your account due to your actions or failure to secure credentials.

Notify us promptly at support@mindfriend.app if you suspect unauthorized access.

3.4 Acceptable Use Responsibility

You agree to use the Service:

In a respectful and lawful manner
Consistently with these Terms
Without harming others or misusing the AI Companion

3.5 Device and Connectivity

Use of the Service may require:

A compatible Device and operating system
Internet access (fees may apply from your carrier)
Enabling certain permissions (e.g., notifications)

We are not responsible for outages or connectivity issues outside our control.

4. Wellness Disclaimer and Safety Notice

4.1 Not Medical Advice; No Clinical Relationship

The Service is provided for general wellness and informational purposes only. The Service and AI Companion:

Do not provide medical diagnosis, treatment, or psychotherapy
Are not a substitute for professional medical or mental health advice
Do not create a clinician–patient relationship

If you have questions about a medical condition or mental health symptoms, seek advice from a qualified professional.

4.2 Not for Emergencies

If you are experiencing an emergency or are at risk of harming yourself or others:
Call your local emergency number immediately.
Seek immediate help from qualified professionals.

The Service may provide crisis resources, but it is not an emergency service and cannot guarantee real-time intervention.

4.3 AI Limitations

The AI Companion generates responses based on patterns in data and may:

Make mistakes
Provide incomplete information
Misinterpret context

You agree not to rely on AI Companion outputs as professional advice. You are solely responsible for decisions you make based on information from the Service.

4.4 User Responsibility for Health and Safety

You are responsible for:

Your own health choices
Using the Service in a manner appropriate to your condition
Stopping use of any exercise or recommendation that causes discomfort and seeking professional guidance as needed

5. License to Use the Service

5.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App and Service for your personal, non-commercial use.

5.2 Restrictions

Except as permitted by Applicable Law, you may not:

Copy, modify, or create derivative works of the Service or Content
Reverse engineer, decompile, or attempt to extract source code (except where legally permitted)
Circumvent access controls, quotas, or security measures
Use the Service to build a competing product
Use automated means (bots, scrapers) to access the Service without our written permission

5.3 Availability and Changes

We may modify, suspend, or discontinue the Service (in whole or in part), including any feature, content, or availability, at any time. Where required by law, we will provide reasonable notice for material changes that affect paid subscribers.

6. User Content and Community Features

6.1 Ownership of User Content

You retain ownership of your User Content as between you and us, subject to the license you grant below.

6.2 License You Grant to Us

To operate the Service, you grant MindFriend a worldwide, non-exclusive, royalty-free license to:

Host, store, reproduce, process, adapt, and display your User Content
Use your User Content to provide features you request (e.g., generating an AI response, showing your check-in to your Circle)
Use de-identified and aggregated versions of User Content for analytics and improvement (as described in the Privacy Policy)

This license ends when your User Content is deleted from our systems, except that:

Copies may remain in backups for a limited time, and
We may retain de-identified/aggregated data that cannot reasonably identify you.

6.3 Circles and Sharing

If you post in a Circle, other Circle members may view your Circle posts. You understand that:

Circle content is intended to be private to that Circle
We cannot control what other users do with content once they see it (e.g., screenshots)
You are responsible for what you choose to share

6.4 Content Standards

You agree that you will not submit User Content that is:

Illegal, defamatory, harassing, or hateful
Sexually explicit or exploitative, especially involving minors
Encouraging self-harm or violence
Infringing intellectual property rights or privacy rights
Malware, spam, or deceptive content

6.5 Moderation and Enforcement

We may, but are not required to:

Remove or restrict User Content
Suspend or terminate accounts for violations
Use automated systems (including AI) and human review to detect abuse and enforce rules

We do not guarantee that we will review all User Content.

7. Prohibited Uses and Conduct

You agree not to:

Use the Service for unlawful purposes or in violation of Applicable Law
Harass, threaten, stalk, or harm other users
Attempt to gain unauthorized access to accounts, systems, or data
Interfere with or disrupt the Service (e.g., DDoS, abuse of APIs, flooding chats)
Exploit or abuse the AI Companion, including:
- Attempts to generate instructions for wrongdoing or self-harm
- Prompt injection or attempts to bypass safety policies
- Using the AI Companion to generate content that violates these Terms
Post content in Circles that violates Section 6.4
Impersonate others or misrepresent your affiliation
Use the Service to collect information about other users without permission
Resell, rent, or sublicense access to the Service

Violation may result in suspension or termination (see Section 15).

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including software, design, user interface, trademarks, logos, and all Content provided by us, is owned by or licensed to MindFriend and protected by intellectual property laws.

Except for the license granted in Section 5, we reserve all rights not expressly granted.

8.2 Feedback

If you submit feedback, ideas, or suggestions ("Feedback"), you agree we may use it without restriction or compensation. You grant us a perpetual, irrevocable, worldwide license to use and incorporate Feedback into the Service.

8.3 Copyright Complaints (DMCA or Similar Laws)

If you believe content on the Service infringes your copyright, contact us at support@mindfriend.app with:

A description of the copyrighted work
Identification of the allegedly infringing material and its location
Your contact information
A statement of good faith belief
A statement under penalty of perjury that your notice is accurate and you are authorized to act

We will respond consistent with Applicable Law.

9. Privacy and Data Handling

9.1 Privacy Policy

Our collection and use of personal information are described in our Privacy Policy: https://getmindfriend.app/privacy. By using the Service, you consent to our data practices as described there.

9.2 Sensitive Information and Wellness Data

You understand that the Service may process sensitive wellness-related information you submit (e.g., mood check-ins, AI chats). You can limit what you share and may delete your account subject to the Privacy Policy.

9.3 Data Processing and Service Providers

We use service providers to operate the Service (e.g., hosting, analytics, AI processing). See the Privacy Policy for details.

10. Payments, Subscriptions, and Billing

10.1 Paid Features

Some features may require payment (e.g., premium AI usage limits, content packs). We will clearly disclose paid features before you purchase.

10.2 App Store Purchases

If you purchase a Subscription through the Apple App Store:

Your purchase is subject to Apple's terms and conditions
Apple may handle billing, payment processing, and refunds
We may receive information from Apple about your subscription status to provide entitlements

10.3 Auto-Renewal and Cancellation

Unless you cancel, Subscriptions may automatically renew. You can manage and cancel subscriptions through your Apple ID account settings.

Cancellation takes effect at the end of the then-current billing period. You will retain access to premium features until the end of that period.

10.4 Trials and Promotional Offers

If you receive a free trial or promotion:

It may convert into a paid Subscription unless canceled before the trial ends
Terms of the offer will be shown at sign-up

10.5 Price Changes

We may change subscription pricing or plans. For App Store subscriptions, Apple's rules govern price change notifications and consent requirements.

10.6 Taxes

Where applicable, taxes may be added based on your location and Apple's billing policies.

10.7 Refunds

Refund policies for App Store purchases are determined by Apple. We cannot guarantee refunds and generally do not process them directly, but we may assist with support requests.

11. Third-Party Services and Links

11.1 Third-Party Services

The Service may integrate with Third-Party Services (e.g., Apple authentication, Apple billing, cloud services, analytics, AI providers). These services have their own terms and privacy practices. We are not responsible for Third-Party Services.

11.2 Third-Party Content

The Service may include links to third-party websites or content. We provide these links for convenience and do not endorse them.

12. Disclaimers

12.1 Service Provided "As Is"

To the maximum extent permitted by Applicable Law, the Service is provided "AS IS" and "AS AVAILABLE." We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.2 No Guaranteed Outcomes

We do not guarantee that:

The Service will improve your wellbeing
The Service will be uninterrupted, timely, secure, or error-free
The AI Companion will be accurate or appropriate for your situation

12.3 User Interactions

We are not responsible for interactions between users, including in Circles. You are responsible for your communications and what you share.

12.4 Platform Disclaimers (Apple)

Apple is not responsible for providing the Service, handling support, or maintaining the App, except as required by Apple's own terms. This Agreement is between you and MindFriend, not Apple.

13. Limitation of Liability

13.1 Limitation

To the maximum extent permitted by Applicable Law, MindFriend and its affiliates, directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service.

13.2 Liability Cap

To the maximum extent permitted by Applicable Law, our total liability for all claims related to the Service will not exceed the greater of:

The amount you paid to us (if any) for the Service in the 12 months prior to the event giving rise to the claim, or
USD $100.

Some jurisdictions do not allow certain limitations. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

13.3 Basis of the Bargain

You acknowledge that the limitations in this Section are a fundamental part of these Terms and apply even if a remedy fails of its essential purpose.

14. Indemnification

You agree to indemnify, defend, and hold harmless MindFriend, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service
Your User Content
Your violation of these Terms
Your violation of any law or the rights of any third party

We may assume control of the defense of any matter subject to indemnification, and you agree to cooperate.

15. Suspension and Termination

15.1 Termination by You

You may stop using the Service at any time. You may delete your account through the App or by contacting support at support@mindfriend.app (see Privacy Policy for data deletion terms).

15.2 Suspension or Termination by Us

We may suspend or terminate your access if we reasonably believe you:

Violated these Terms
Misused the Service (including abusive or harmful AI use)
Created risk or possible legal exposure for us or other users

We may also suspend or terminate for non-payment (where applicable) or to comply with law.

15.3 Effect of Termination

Upon termination:

Your license to use the Service ends
We may delete or disable access to your account and User Content, subject to the Privacy Policy and legal requirements
Subscription access generally continues until the end of the billing period unless otherwise required by platform policy

Sections that by their nature should survive will survive (including Sections 8, 12–16).

16. Dispute Resolution and Governing Law

16.1 Informal Resolution First

Before filing a claim, you agree to contact us at support@mindfriend.app and try to resolve the dispute informally. Include:

Your name and account email/handle
A description of the issue
The relief you seek

We will respond within a reasonable time.

16.2 Governing Law

These Terms are governed by the laws of the State of Florida, USA, excluding conflict-of-law rules, except where Applicable Law requires otherwise.

16.3 Venue

Disputes will be brought in the courts located in the State of Florida, unless Applicable Law requires a different venue.

16.4 Consumer Rights

Nothing in these Terms limits any consumer rights you may have under Applicable Law that cannot be waived.

17. Miscellaneous Terms

17.1 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.2 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

17.3 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and MindFriend regarding the Service and supersede any prior agreements.

17.4 No Waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

17.5 Contact Information

Questions about these Terms should be sent to:

Email: support@mindfriend.app