Terms & Conditions

Thank you for using Mindstone ("Mindstone") – an AI-powered language learning application available on the Apple Store that helps you ("Users") virtually learn any subject through an interactive AI chatbot by creating custom learning pathways tailored to your proficiency level and preferred learning style, featuring engaging AI-generated text and audio content (collectively, the "Services").

Mindstone is operated by VOODOO SAS, a French société par actions simplifiée, whose registered office is at 12 Place Dauphine, 75001 Paris, France registered at the Companies Registry of Paris under number 792 483 307 ("Voodoo", "Us", "We" or "Our").

Your use of Mindstone and of the Services is governed by, and subject to, these terms and conditions (the "Terms").

Please read these Terms carefully before you decide whether to accept them. If you do not agree to these Terms, you may not access, browse, or use Mindstone or the Services, and should discontinue your activities immediately. If you access Mindstone, you are agreeing to these Terms.

1. Definitions

Account shall mean Your Mindstone account created via the App.

Distribution Channels shall mean the distribution channels: the Apple Store through which Mindstone is available for download.

User(s) shall mean any individual who accesses Mindstone ("You" or "Your").

2. Your access to Mindstone

Eligibility

Mindstone may only be accessible and used by Users: 1/ for purely non-commercial and lawful purposes – unless expressly authorized by Voodoo in written, and 2/ who are 18 years old or older.

Account

In order to access the Services, you shall use your Account.

Account creation

To create Your Account, You shall download Mindstone. You can access it anonymously or provide personal information such as name, username and email address. As part of Your Account creation and, as long You have an Account, You undertake to:

1. provide complete and truthful personal information,
2. create and use only one Account – i.e., you shall delete any Accounts You have created/used before creating a new Account,
3. choose a username that is not obscene, lewd, slanderous, pornographic, improper, abusive, violent, insulting, indecent, threatening, or contains any harassing language of any kind or infringe any intellectual property right or other rights of a third party.

Voodoo reserves the right, at its sole discretion, to require you to change Your username or any other content submitted or uploaded, or refuse the registration of Users without justification. In this case, the data provided by the User will be deleted within a reasonable period of time.

Account deletion

You have the right to delete Your Account at any time through the App. You acknowledge and agree that if You delete Your account, or if We delete Your account in accordance with these Terms, You will lose access to any data in Your account. Once a request is received and confirmed:

• We will delete all User information, except for the information that We are legally obliged to retain or which may be necessary for establishing, exercising, or defending Voodoo legally,
• the User will not be able to recreate an Account with Mindstone,
• all licenses, and rights granted to You under these Terms automatically terminate.

Account suspension and termination

Voodoo reserves, at its own discretion, the right to temporarily suspend (for an indefinite period of time) or permanently terminate Your Account. In the event of a termination, You will not be permitted to register for a new Account or become a User without Voodoo's express consent, which We may withhold in Our sole discretion.

More specifically, You accept that any breach of any of the provisions of the Terms and/or applicable law shall entail, as We, in our sole discretion, shall deem appropriate including, but not limited to, the following actions: immediately suspending access to Mindstone, terminating the Account, and/or Account registration information (including the identity of the User) to law enforcement authorities, financial institutions, relevant authorities, and/or any person or entity that has the legal right to such information; and/or taking all legal action, including the filing of a criminal or civil action.

If You or Voodoo terminate your Account, or if Voodoo suspends your access to the Services, you agree that Voodoo shall have no liability or responsibility to You, and (except as expressly provided in these Terms) Voodoo will not refund any amounts that You have already paid. You may terminate your Account at any time, in which case You may not continue accessing or using the Services.

Account security

You acknowledge and agree that Your Account is personal to you and that you are not entitled to transfer Your account to any other person. You shall not rent, sell or give away Your Account information. You are responsible for keeping Your Account information secure, secret, and confidential. You shall not give Your Account information to anyone else, nor allow anyone else to use Your Account information or otherwise jeopardize the security of Your account. You must immediately inform Us if You suspect that another person has obtained access to Your Account. You remain fully liable for any actions taken with respect to Your Account, regardless of whether these actions were taken by You or by an unauthorized third party that has gained access to Your Account.

SSO Registration

You may be provided with the ability to register an Account by logging into its account with certain third-party service accounts ("SSO") including, but not limited to Google (each such account, an "SSO Account"), by either: (i) providing Your SSO Account login information to Mindstone; or (ii) allowing Mindstone to access the SSO Account, as permitted under the applicable terms and conditions that govern your use of the SSO Account.

3. Provisions of the Services by Mindstone

You may use Mindstone and/or the Services only for lawful purposes.

Privacy

At Voodoo, We take Your privacy seriously. Voodoo has implemented technical and organizational measures to protect Your personal data, in particular against possible breaches that may result, accidentally or unlawfully, in the destruction, loss, alteration, unauthorized access or disclosure of your personal data.

For more information, please read Our Mindstone Privacy Policy.

Use

As long as You are in compliance with these Terms, We provide You a non-exclusive, personal, non-transferable, revocable limited license to Mindstone and the Services only for your personal private non-commercial, entertainment use (excluding any related object or source code). You must exercise this license in accordance with these Terms and You are not authorized to use Mindstone for any other purpose. Mindstone and the Content (as defined below) are licensed, not sold or transferred to you, and Voodoo and its licensors retain ownership of all copies of Mindstone software applications and Content even after installation on your devices.

Content protection

You must not copy, reproduce, republish, redistribute, modify, license, sublicense, distribute, transmit, display, perform, publish, reverse engineer, create derivatives based on Mindstone or any content made available on Mindstone ("Content"), or otherwise exploit, through any means or media, any of the Content.

No ownership

You acknowledge and agree that you shall have no right, title, or interest in any of Mindstone or the Services, including without limitation any content that appears in Mindstone, or other than the license granted to you by these Terms. You do not acquire any ownership interests in any Mindstone or any Content by accessing, browsing, or otherwise using Services.

Changes in the Services

We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to:

• stop offering and/or supporting the Services or part of the Services;
• terminate or suspend Your license to use the Services or any part of it;
• modify or discontinue the Services;
• modify or remove any of the information contained in the Services;
• limit the Services' availability to any person, geographic area, or jurisdiction;
• charge fees in connection with the use of the Services;
• modify and/or waive any fees charged in connection with the Services;
• offer opportunities to some and/or all Users of the Services;
• modify any legal documentation related to Mindstone included this Terms & Conditions.

Mindstone's proprietary rights

The Services are the property of Voodoo or Voodoo's licensors. All Mindstone trademarks, service marks, trade names, logos, domain names, and any other features of Mindstone brand are the sole property of Voodoo or its licensors. These Terms do not grant you any rights to use any Mindstone's proprietary rights whether for commercial or non-commercial use.

Equipment and devices

Maintenance: You accept that You are solely responsible for the supply and maintenance of all the computer equipment and telecommunication network and internet access services that You use in order to access the Services, including mobile devices (hereafter referred to as "Devices").

Security disclaimer: We do not guarantee that Mindstone is entirely secure and exempt from error or that it will always be available.

Devices disclaimer: We do not warrant that the Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use the Services, as updated from time to time.

Updates: We shall use Our best efforts to inform Users of any necessary implemented or upcoming updates that will be launched on Our Services.

4. AI-Generated Content

The Services include audio, text, and image content that is generated by artificial intelligence systems. This AI-generated content is created through automated processes and algorithms without direct human authorship for each individual piece of content.

AI-generated content is available for access and download exclusively through the Mindstone application. Content may not be downloaded, exported, or accessed through any other means, platforms, or third-party applications. Any downloaded content remains subject to these Terms and your subscription status.

5. Subscription and Payment

Subscription Tiers and Premium Content Access

Access to the Services does not require an active subscription. To have unlimited access to the library of pre-generated content provided by Mindstone, an active subscription is needed. A paid subscription grants the User a specific allocation of credits that entitle the user to generate up to a certain amount of minutes of custom audio content per billing cycle (monthly or annual). Subscription tiers may include monthly and annual options, each with different pricing and feature sets.

Automatic Renewal Policies

ALL SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNLESS CANCELLED PRIOR TO THE RENEWAL DATE. You will be charged the then-current subscription rate for your selected plan. You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation must be completed at least 24 hours before your next billing date to avoid charges for the next billing period.

Subscription Pricing and Billing Cycles

Subscription prices are displayed in your local currency at the time of purchase and may vary by region. We offer various billing cycles including monthly and annual options. You will be charged at the beginning of each billing cycle. We reserve the right to change subscription prices with thirty (30) days advance notice to existing subscribers. Price changes will take effect at the start of your next billing cycle after the notice period.

Cancellation and Refund Policies

Cancellation Process: You may cancel your subscription at any time through your account settings, the app store where you purchased the subscription, or by contacting our customer support. Upon cancellation, you will retain access to premium features until the end of your current billing period.

Refund Policy: Except as required by applicable law, all subscription fees are non-refundable. We do not provide refunds or credits for partial subscription periods, unused subscription time, or subscription downgrades. Refunds for subscriptions purchased through third-party platforms (such as app stores) are subject to those platforms' refund policies.

Payment Processing Terms: You must provide current, complete, and accurate billing information for all subscription purchases. You authorize us to charge your designated payment method for all applicable fees and charges.

Subscription Expiration and Cancellation Effects: When your subscription expires or is cancelled, you will immediately lose access to all premium features and content. We are not responsible for any loss of content or functionality due to subscription expiration or cancellation.

6. Term and termination

These Terms shall apply from the moment You accept them and access the Services and shall remain in force until deletion of Your account, whether by You or Voodoo. All provisions of these Terms which, by nature, are intended to survive termination shall remain in effect, including but not limited to Section 7 - Limitation of liability and Section 9 - Miscellaneous.

7. Limitation of liability

In no event shall Our total liability for all damages, losses, and causes of action exceed the amount paid by You during the three (3) months preceding the claim. You acknowledge and agree that, if you have not paid anything to Us during this time period, your sole remedy (and our exclusive liability) is for you to stop using Mindstone and the Services.

Injunctive Relief

You acknowledge that the rights granted and obligations made to Us under these Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

Indemnity

You acknowledge and agree to indemnify, defend and hold Us and Our members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of Your use of Mindstone or Services, or any breach by You of the Terms.

Apple App Store

If you have downloaded Mindstone from Apple Inc. ("Apple") AppStore or if you are using Mindstone on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Voodoo only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

8. Dispute Resolution by Arbitration

Informal Resolution

Prior to initiating arbitration, You must first raise Your complaint with the customer support team using the following details: support@mindstone.sh ("Informal Resolution"). If the parties do not reach an agreement within ninety (90) days from the time the informal dispute resolution is commenced, then either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them.

Agreement to Arbitrate

All claims and disputes arising out of or relating to this Agreement or its Terms (including their interpretation, applicability, formation, performance, and breach), the Privacy Policy, the App, the Services, the Content, and/or your Use of any of the Application shall be finally settled by binding arbitration administered by JAMS (for U.S. residents), under their rules and procedures as applicable.

Governing Law and Venue

If you reside or use our Services in the U.S, you agree the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms. You and We irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California.

If you reside or use our Services outside the U.S., you agree to the laws of France. You consent to the exclusive jurisdiction of the Courts of Paris, France.

9. Miscellaneous

Entire Agreement and severability

The Terms and the policies and agreements incorporated herein by reference, as amended, constitute the entire agreement between You and Voodoo. If any part of the agreement is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment

You may not transfer, assign, sub-license, or pledge in any manner Your account or any of your rights or obligations under these Terms. We may transfer, assign, sub-license, or pledge in any manner any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party, without notifying you or receiving your consent.

Language

You acknowledge that these Terms and all documents incorporated by reference have been drafted in English. If any of the agreements are translated into another language, the English language version shall prevail in any event.

Force Majeure

Should there be any Act of God or other force majeure, such as war, terrorist act, civil or military action, embargo, riot, strike, fire, flood, accident or energy shortage, pandemic, or any other cause outside of our control, We shall not be liable for any delay or failure of any provisions.

Notice for California Users

Under California Civil Code Section 1789.3, Users of the Application are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact

If You have any questions about these Terms or the Services in general, please contact Us at support@mindstone.sh.