Terms of Service

1.1 Binding Agreement

By accessing, browsing, or utilizing the services provided by MindMax Limited ("MindMax," "we," "us," or "our"), including but not limited to our website, mobile application, AI-driven tutor interface, podcast generation tools, and related functionalities (collectively, the "Services"), you ("User," "you," or "your") acknowledge and agree to be bound by these Terms of Service (the "Terms"). These Terms constitute a legally binding contract between you and MindMax. If you do not agree to these Terms, you must immediately cease all use of the Services.

1.2 Modifications to Terms

MindMax reserves the right to amend, modify, or update these Terms at its sole discretion. Any such changes will be effective upon posting the revised Terms on our website or within the application, with the updated "Effective Date" indicated. Your continued use of the Services following such modifications constitutes your acceptance of the revised Terms. It is your responsibility to periodically review these Terms for updates.

1.3 Supplemental Policies

These Terms are supplemented by our Privacy Policy and Digital Millennium Copyright Act (DMCA) Policy, which are incorporated herein by reference. You agree to review and comply with these additional policies.

2.1 Limited License

Subject to your compliance with these Terms, MindMax grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for personal, non-commercial educational purposes. This license does not confer any ownership rights in the Services or any associated intellectual property.

2.2 Restrictions on Use

You shall not, directly or indirectly:

• Copy, modify, adapt, translate, or create derivative works of the Services or any content therein;
• Use the Services for any commercial purpose or public display without prior written consent from MindMax;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Services;
• Remove, obscure, or alter any proprietary notices, including copyright or trademark notices, affixed to or contained within the Services;
• Re-host, distribute, or make the Services available on any external platform or network; or
• Use the Services in any manner that violates applicable laws, regulations, or these Terms.

3.1 Age Requirements

To use the Services, you must be at least thirteen (13) years of age or the minimum age required by the laws of your jurisdiction, whichever is greater. If you are under eighteen (18) years of age, you may only use the Services with the express consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

3.2 Account Responsibility

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify MindMax immediately of any unauthorized use or security breach.

4.1 Prohibited Activities

You agree not to engage in any conduct that:

• Violates any local, national, or international law or regulation;
• Infringes upon the intellectual property, privacy, or other rights of any third party;
• Is unlawful, fraudulent, abusive, defamatory, obscene, or otherwise objectionable;
• Misuses AI-generated content for academic dishonesty, spamming, impersonation, or other unethical purposes;
• Interferes with the operation of the Services, including through hacking, introduction of malware, or unauthorized access to systems or data; or
• Overloads, disrupts, or impairs the functionality of the Services or networks connected thereto.

4.2 Compliance with Guidelines

You agree to adhere to any usage guidelines, community standards, or instructions provided by MindMax, whether communicated through the Services or otherwise.

5.1 Nature of Content

The Services provide AI-generated educational insights, tutor conversations, and podcast content based on user inputs and proprietary algorithms. Such content is intended for informational and educational purposes only and does not constitute professional advice, academic certification, or guaranteed outcomes.

5.2 No Warranty of Accuracy

MindMax does not warrant or guarantee the accuracy, completeness, reliability, or suitability of AI-generated content or podcasts for any specific purpose. You acknowledge that such content may contain errors or limitations and agree to use it at your own discretion and risk.

5.3 Ownership and Use

All AI-generated content and podcasts remain the property of MindMax or its licensors, subject to the limited license granted in Article 2. You may not reproduce, distribute, or exploit such content for commercial purposes without express written permission.

6.1 Right to Terminate

MindMax reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or other applicable policies;
• Conduct that harms the Services, other users, or third parties; or
• Suspected fraudulent or illegal activity.

6.2 Effect of Termination

Upon termination, your license to use the Services will immediately cease, and you must discontinue all access. MindMax shall not be liable for any losses or damages resulting from termination.

7.1 "As Is" Basis

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 No Liability for Errors

MindMax disclaims all liability for errors, interruptions, defects, delays, or failures in the Services, including those caused by third-party providers, network issues, or force majeure events.

8.1 Exclusion of Damages

To the fullest extent permitted by law, MindMax Limited, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use of the Services.

8.2 Cap on Liability

In no event shall MindMax's aggregate liability exceed the amounts paid by you, if any, for access to the Services in the twelve (12) months preceding the claim.

9.1 Privacy Policy

Your use of the Services is subject to our Privacy Policy, available at /privacy-policy, which governs the collection, use, and disclosure of your personal information. You agree to review and consent to the Privacy Policy.

9.2 Global Compliance

MindMax endeavors to comply with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) for users in the European Union and the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada, as well as other relevant jurisdictions.

10.1 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

10.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of England and Wales. You irrevocably consent to the jurisdiction and venue of such courts.

10.3 Informal Resolution

Prior to initiating any formal legal action, you agree to attempt to resolve disputes with MindMax in good faith through direct communication.

11.1 Respect for Intellectual Property

MindMax respects the intellectual property rights of others and expects users to do the same. We comply with the provisions of the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws.

11.2 Notice of Infringement

To file a notice of alleged copyright infringement, you must provide a written communication to our designated agent that includes:

• A detailed description of the copyrighted work claimed to have been infringed;
• The specific URL or location of the infringing material within the Services;
• Your full name, address, telephone number, and email address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf; and
• Your physical or electronic signature.

11.3 Counter-Notice

If you believe that material you posted was removed in error, you may file a counter-notice that includes:

• Your full name, address, telephone number, and email address;
• A description of the material removed and its original location;
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• A statement that you consent to the jurisdiction of the federal district court in which your address is located (or the District Court for the Southern District of New York if outside the U.S.) and that you will accept service of process from the complainant; and
• Your physical or electronic signature.

11.4 Repeat Infringers

MindMax reserves the right to suspend or terminate accounts of users who are determined to be repeat infringers of intellectual property rights.

11.5 Designated Agent

All DMCA notices and counter-notices should be sent to:

12.1 Entire Agreement

These Terms, together with the Privacy Policy and DMCA Policy, constitute the entire agreement between you and MindMax regarding the use of the Services, superseding any prior agreements or understandings.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 Waiver

No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or any other term.

12.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without MindMax's prior written consent. MindMax may assign these Terms without restriction.

13.1 Inquiries

For any questions, concerns, or communications regarding these Terms or the Services, please contact: