Terms of Service

Last updated: February 11, 2025

1. Acceptance of Terms

By accessing or using MindCortex ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all users, including visitors, registered users, and premium subscribers.

2. Description of Service

MindCortex is an AI-powered personal knowledge management platform that helps users capture, organize, and retrieve information using the PARA methodology. The Service includes web and mobile applications, AI-assisted organization features, semantic search capabilities, and integrations with third-party services.

3. Account Registration

To use the Service, you must:

  • Be at least 13 years of age
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized use of your account
  • Accept responsibility for all activities under your account

4. User Content

4.1 Ownership

You retain all ownership rights to the content you create, upload, or store in the Service ("User Content"). MindCortex does not claim ownership of your User Content.

4.2 License Grant

By using the Service, you grant MindCortex a limited, non-exclusive license to access, process, and display your User Content solely for the purpose of providing and improving the Service. This includes using AI to analyze, categorize, and create searchable representations of your content.

4.3 Content Restrictions

You agree not to upload, store, or share content that:

  • Violates any applicable law or regulation
  • Infringes on intellectual property rights of others
  • Contains malware, viruses, or harmful code
  • Is defamatory, obscene, or promotes illegal activities
  • Violates the privacy rights of others

5. AI Features and Processing

The Service uses artificial intelligence, including but not limited to OpenAI and AssemblyAI, to help organize and retrieve your knowledge. By using these features, you acknowledge that:

  • AI suggestions are automated and may not always be accurate
  • AI-generated content may contain errors. You are solely responsible for decisions made based on AI output.
  • You are responsible for reviewing and approving AI-generated categorizations
  • AI processing may involve sending data to third-party AI service providers
  • We do not guarantee specific outcomes from AI features

6. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose
  • Attempt to gain unauthorized access to any part of the Service
  • Interfere with or disrupt the Service or servers
  • Reverse engineer or attempt to extract source code
  • Use automated systems to access the Service without permission
  • Resell or redistribute the Service without authorization
  • Abuse AI features or attempt to manipulate AI systems

7. Meeting Recording Consent

The Service allows you to upload meeting recordings for transcription and AI-powered summarization. By using this feature, you acknowledge and agree that:

  • You are solely responsible for obtaining all necessary consents from meeting participants before recording and uploading any meeting audio.
  • You must comply with all applicable local, state, federal, and international laws regarding the recording of conversations, including but not limited to two-party consent laws.
  • Meeting transcripts are generated by third-party AI providers, including AssemblyAI, and may not be entirely accurate.
  • MindCortex is not liable for any claims arising from your failure to obtain proper consent for recording.

8. Intellectual Property

The Service, including its design, features, and underlying technology, is owned by MindCortex and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

9. Third-Party Services

The Service integrates with third-party services to provide its functionality. These include, but are not limited to:

  • OpenAI — AI chat, content processing, embeddings, and text-to-speech
  • AssemblyAI — Meeting transcription and AI summarization
  • Supabase — Database, authentication, and file storage
  • Resend — Email delivery
  • RevenueCat — Subscription management
  • Stripe — Payment processing

Your use of the Service is subject to the respective third party's terms and privacy policies. We are not responsible for the availability, accuracy, or policies of third-party services.

10. Subscription and Payment

10.1 Plans and Pricing

The Service offers free and paid subscription plans. Features, usage limits, and pricing vary by plan. Current plan details are available on our pricing page.

10.2 Auto-Renewal

Paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current price, unless you cancel before the renewal date. You will be charged through the same payment method used for the original purchase.

10.3 Cancellation

You may cancel your subscription at any time through the account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. No refunds are provided for partial billing periods.

10.4 Mobile App Purchases

Subscriptions purchased through the Apple App Store or Google Play Store are subject to the billing terms and refund policies of the respective platform. To cancel a subscription purchased through an app store, you must cancel through that platform's subscription management.

10.5 Price Changes

We may modify subscription pricing with at least 30 days' prior notice. Price changes will take effect at the start of your next billing period following the notice.

11. Termination

We may suspend or terminate your access to the Service at any time for:

  • Violation of these Terms
  • Conduct that we believe is harmful to other users or the Service
  • Extended periods of inactivity
  • Any reason at our sole discretion with reasonable notice

You may delete your account at any time through the Settings page within the application. Upon account deletion, all of your data will be permanently removed. You may request an export of your data before initiating deletion. In-app account deletion is available in Settings and is subject to a 7-day grace period during which the deletion can be cancelled.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

13. Indemnification

You agree to indemnify and hold harmless MindCortex and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your User Content, or your violation of these Terms.

14. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

14.1 Scope

This Section applies to all disputes arising out of or relating to these Terms, the Service, or any AI-generated content provided through the Service, including disputes regarding the validity, enforceability, or scope of this arbitration provision.

14.2 Informal Resolution

Before initiating any formal proceeding, you agree to first contact us at [email protected] with a written description of your claim. Both parties agree to attempt to resolve the dispute informally for at least 60 days from the date of the notice before proceeding to arbitration or any other form of dispute resolution.

14.3 Binding Arbitration

If the dispute is not resolved informally, it shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and all proceedings shall be conducted virtually (by videoconference or telephone) unless the arbitrator determines that an in-person hearing is necessary.

14.4 Arbitration Costs

For non-frivolous claims where the amount in controversy is less than $75,000, MindCortex will pay all arbitration filing, administration, and arbitrator fees. You are responsible only for the initial AAA filing fee (approximately $200). For claims of $75,000 or more, fees shall be allocated as provided by the AAA Consumer Arbitration Rules.

14.5 Opt-Out Right

You may opt out of this arbitration provision by sending a written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of binding arbitration. If you opt out, the Governing Law and jurisdiction provisions in Section 16 will apply to any disputes.

14.6 Class Action and Jury Trial Waiver

YOU AND MINDCORTEX AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

BY AGREEING TO THESE TERMS, YOU AND MINDCORTEX EACH WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES COVERED BY THIS ARBITRATION AGREEMENT.

14.7 Mass Arbitration

If 25 or more similar arbitration demands are filed against MindCortex within a 60-day period, a bellwether process shall apply: the parties will randomly select 15 claims to proceed as test cases. All other claims shall be stayed pending resolution of the test cases. After the test cases are resolved, the parties will engage in a single global mediation. If mediation does not resolve the remaining claims, they shall proceed in batches of 50.

14.8 Exceptions

Notwithstanding the foregoing, either party may:

  • Bring an individual action in small claims court for disputes within the court's jurisdiction
  • Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights

14.9 EU/UK Carve-Out

If you are located in the European Economic Area, the United Kingdom, or Switzerland, this Section 14 does not apply to you. Nothing in these Terms shall deprive you of the protection afforded by mandatory consumer protection laws of your country of residence.

14.10 Severability of Arbitration Provision

If the class action waiver in Section 14.6 is found to be unenforceable, then the entirety of this arbitration provision shall be null and void with respect to that particular claim only, and the dispute shall proceed in court subject to the Governing Law provision in Section 16. All other provisions of these Terms shall remain in full force and effect.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDCORTEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

The foregoing limitations shall not apply to: (a) your indemnification obligations under Section 13; (b) either party's liability for a data breach, which shall be capped at two times (2x) the annual fees paid or payable by you; (c) either party's liability for infringement of the other party's intellectual property rights; (d) liability arising from gross negligence or willful misconduct; or (e) either party's payment obligations.

AI-GENERATED CONTENT, INCLUDING CHAT RESPONSES, MEETING SUMMARIES, AND CONTENT CATEGORIZATIONS, IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ACCURACY OR COMPLETENESS. MINDCORTEX SHALL HAVE NO LIABILITY FOR ANY DECISIONS, ACTIONS, OR OMISSIONS MADE BASED ON AI-GENERATED CONTENT.

The limitations of liability set forth in this Section are a fundamental part of the basis of the bargain between you and MindCortex, and shall apply even if any limited remedy fails of its essential purpose.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law principles. For any dispute not subject to arbitration under Section 14, the exclusive jurisdiction and venue shall be the state and federal courts located in Pennsylvania.

17. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]

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