Terms of Service

These Terms of Service (the "Terms") are a legally binding agreement between you and LIMITED LIABILITY COMPANY "MINDSHIP" (TOV "MAINDSHYP"), identification code 45964647, registered at 17 Hlybochytska St., building 1-A, non-residential premises 417, Kyiv, 04052, Ukraine ("Mindship", "we", "us", "our"). They govern your use of the Mindship mobile application, the website mindship.me and related services, including corporate (B2B) wellbeing programmes (together, the "Services").

Please read these Terms carefully, together with our Privacy Policy and Health Disclaimer, which form part of these Terms. By tapping "I agree" or "Agree" in the app, creating an account or otherwise using the Services, you confirm that you have read, understood and accepted these Terms. If you do not agree, do not use the Services.

Summary of key points

This summary is for convenience only; the full Terms below apply.

• Wellbeing, not medicine. Mindship offers breathing practices and wellbeing content. It is not a medical device and does not diagnose, treat or prevent any disease. It is not for emergencies.
• Check your health first. Some practices are not suitable for people with certain conditions (see Section 5 and the Health Disclaimer). You use the practices at your own discretion and should stop if you feel unwell.
• AI can be wrong. Recommendations are generated with the help of AI and may be inaccurate. You decide which practice to do.
• 18+ only.
• Subscriptions renew automatically until you cancel them in the App Store or Google Play. Payments and refunds are handled by Apple or Google.
• Our liability is limited to the extent permitted by law (Section 17). Mandatory consumer rights in your country are not affected.
• Ukrainian law applies, without depriving you of the mandatory protection of the law of your country of residence (Section 19).

1. The Services and who may use them

1.1. What Mindship is. Mindship is a wellbeing application that suggests and guides breathing practices and related wellbeing content, including recommendations generated with the help of artificial intelligence based on what you type or say.

1.2. Age. You must be at least 18 years old and have full legal capacity to enter into these Terms. The Services are not intended for minors. If we learn that a user is under 18, we may suspend or delete the account.

1.3. Your confirmations. By using the Services you confirm that: (a) you meet the age requirement; (b) you have read the Health Disclaimer and none of the contraindications listed in it apply to you, or you have consulted a doctor who has confirmed that the practices are safe for you; (c) you are not prohibited from using the Services under the laws applicable to you; and (d) all information you provide is true and accurate.

1.4. Documents that form the agreement. These Terms, the Privacy Policy, the Health Disclaimer and any additional terms shown to you for specific features or offers (for example, the conditions of a promotional offer) form the entire agreement between you and Mindship regarding the Services. If you use the Services through a corporate programme, Section 8 also applies.

2. Changes to the Terms and the Services

2.1. We may change these Terms from time to time, for example to reflect changes in the Services, the law or our business. We will publish the updated Terms with a new "Last updated" date. Where a change is material, we will inform you in the app, by email or by other appropriate means in advance where required by law.

2.2. Changes take effect on the date stated in the updated Terms. By continuing to use the Services after that date you accept the updated Terms. If you do not agree, you must stop using the Services and may delete your account and cancel your subscription.

2.3. We may develop, change, add or remove features, content and practices at any time. Where a change materially reduces the paid features of an active subscription, you may cancel it; the rights of consumers under mandatory law remain unaffected.

3. Your account

3.1. When you start using the app, it creates an anonymous account for you, so that your answers and practices can be saved before you sign in. To keep your progress and use it on another device, sign in with an email address and password, with Apple (on iPhone) or with Google. An anonymous account is tied to the app on your device: if you delete the app or sign out before signing in, you may not be able to get it back.

3.2. You are responsible for keeping your login credentials and device secure and for all activity under your account. An account is personal and may not be shared, sold or transferred.

3.3. Notify us immediately at support@mindship.me if you suspect unauthorised use of your account. We are not liable for losses caused by your failure to keep your credentials secure, except where caused by our fault.

3.4. You can delete your account at any time in the app (Profile → Settings → Delete Account) or by emailing support@mindship.me from the address you sign in with (how deletion works). Deleting the app or the account does not automatically cancel a subscription purchased through the App Store or Google Play (see Section 7).

4. Nature of the Services — not medical care

4.1. Not a medical device or medical service. The Services are designed for general wellbeing, relaxation and self-care. They are not a medical device, do not constitute medical, psychological or psychotherapeutic care, and do not diagnose, treat, cure or prevent any disease, disorder or condition.

4.2. Not a substitute for professional help. The Services do not replace consultation with a doctor, psychologist, psychotherapist or other qualified professional. Do not disregard professional advice or delay seeking it because of anything in the Services.

4.3. Not for emergencies. The Services are not designed for crisis situations. If you are in danger, have thoughts of harming yourself or others, or experience a medical emergency, stop using the app and immediately call your local emergency number (for example, 112 in the EU and Ukraine, 999 in the UK, 911 in the USA) or contact a crisis service (see Section 2 of the Health Disclaimer).

4.4. Content of practices. Practices are developed together with specialists in breathing techniques and psychotherapy and are based on the principles of evidence-based approaches. Individual results vary, and we do not promise any particular health, emotional or performance outcome.

5. Health and safety

5.1. Contraindications. Breathing practices may not be suitable for everyone. Do not use the practices, or consult a doctor before using them, if you have, in particular: epilepsy or a seizure disorder; a cardiovascular condition (including a history of heart attack, aneurysm, uncontrolled blood pressure or a pacemaker); chronic obstructive pulmonary disease or acute asthma; a diagnosed mental health disorder (for example, PTSD, severe depression, bipolar or psychotic disorders); glaucoma, retinopathy or recent eye surgery; unhealed wounds or fractures; a respiratory infection; or if you are pregnant or postpartum, elderly, or under the influence of alcohol or drugs. The full list is in the Health Disclaimer.

5.2. Listen to your body. Some practices may cause temporary sensations such as dizziness, tingling, yawning, changes in body temperature or emotional reactions. Stop immediately if you feel unwell, faint, short of breath, experience chest pain or strong discomfort, and seek medical help if the symptoms do not pass.

5.3. Safe environment. Never practise while driving, operating machinery, swimming, bathing or in any situation where loss of attention or dizziness could be dangerous. Practise sitting or lying down in a safe place.

5.4. Your responsibility. You decide whether, when and how to use each practice, taking into account your own state of health. To the extent permitted by law, you use the practices at your own risk. You acknowledge that breathing practices carry inherent risks, as they can affect heart rate, blood pressure and emotional state. If you have physical or mental health limitations, use the Services only under the supervision of a doctor or another qualified professional.

6. Artificial intelligence features

6.1. How AI is used. When you type or say what you need, an AI language model chooses a practice from the Mindship library, taking into account what your words say about how you feel. If you speak, your recording is first turned into text by an AI speech-recognition service. AI also writes the text of some reminder notifications. The breathing test is analysed by our own software, which uses machine-learning models and, for some recordings, a third-party AI model; the pace of a practice is then adapted to your measured rhythm by fixed rules. The narrator voices in practices are created with AI voice synthesis. Details are in the Privacy Policy.

6.2. Transparency. Before you start using the app, the "Before we begin" screen tells you that your requests are processed by AI. Each practice has a "Why this practice?" note that says the recommendation is made by AI, explains what the practice is for and what you may feel, and reminds you that it is not medical advice. It does not show the reasoning behind a particular recommendation.

6.3. AI may be wrong. AI outputs are generated automatically and may be inaccurate, incomplete or unsuitable for your situation. They are suggestions, not instructions, diagnoses or professional advice. You remain free to choose any other practice or none at all, and you should use your own judgement before acting on any recommendation.

6.4. Third-party AI providers. To process your requests, we send their text — or, for a voice request, the recording, to transcribe it — to third-party AI providers acting on our behalf, as described in the Privacy Policy. The "Before we begin" screen explains this, and by tapping "I agree" you accept it together with these Terms and the Privacy Policy. If you do not want your requests processed by AI, do not type or record requests: you can choose practices from the library yourself.

6.5. What not to enter. Do not enter into the Services information about other people without their consent, or any information you do not wish to be processed for the purpose of generating recommendations.

6.6. Not therapy; AI is not a professional. Mindship does not provide psychotherapy, psychological counselling or any other licensed health service. The AI features are not a licensed professional and are not a person, and using the Services does not create a therapist–client, doctor–patient or any other professional relationship between you and Mindship.

6.7. No real-time monitoring. Your requests are processed automatically. Nobody at Mindship monitors your requests in real time or will respond to them as an emergency. If you are in crisis, follow Section 4.3.

6.8. No crisis detection. The app does not recognise requests that may indicate a crisis or a risk of harm to yourself or others, and does not alert anyone. It will suggest a practice as for any other request. If you are in crisis, do not rely on the app: follow Section 4.3.

6.9. Changes to AI models. We may change, replace or update the AI models and AI providers we use at any time without notice. As a result, the content, style or quality of recommendations may change.

6.10. Outputs are not unique. AI outputs are generated automatically, and similar or identical recommendations may be provided to other users. Practices and other content of the Mindship library remain our property; explanations and other outputs generated for you may be used only for your personal, non-commercial purposes under Section 9.

6.11. Unrecognised requests and safety filters. The AI features may fail to recognise a request, decline it under the AI provider's safety filters, or suggest a practice that does not fit. We may restrict or suspend AI features to protect users or the Services.

6.12. Synthetic voices. The narrator voices in practices are synthetic voices created with AI. You may not use the audio content to imitate or impersonate any real person or present it as recorded by a human.

6.13. No decisions about other people. You may not use AI outputs or other content of the Services to make or support decisions about other people, including decisions on employment, education, insurance, credit, or any assessment or scoring.

6.14. Your ratings. After a practice you can rate how you feel. We use your ratings to show your progress, in progress summaries we send you, in aggregated statistics (including for corporate programmes, see Section 8) and to improve the practice library. Ratings are not sent to AI providers and do not change how AI chooses practices for you.

6.15. Who can see your requests. We do not have a process for reading or reviewing users' requests. However, the text of your requests is kept, together with your account identifier, in our server logs for 30 days and in our product analytics, and the few authorised team members with access to these systems can see it when they investigate errors, security issues or the quality of the Services. They are bound by confidentiality obligations. See the Privacy Policy.

7. Subscriptions, trials and payments

7.1. Free and paid features. Some features are free; others require a paid subscription. The features, price, currency, billing period and any trial are shown to you before purchase in the app and in the App Store or Google Play.

7.2. Purchases through app stores. Subscriptions are purchased and paid for through Apple App Store or Google Play and are subject to their terms. Apple or Google, not Mindship, processes your payment. We do not currently sell subscriptions on our website. Premium access can also come from a promotional code (Section 7.9) or a corporate programme (Section 8).

7.3. Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price, unless you cancel at least 24 hours before the end of the current period. You can manage and cancel your subscription in your App Store or Google Play account settings. Deleting the app does not cancel the subscription.

7.4. Free trials. We may offer a free trial, the length of which depends on the offer and market (for example, 3, 7 or 14 days) and is shown before you start it. Unless you cancel at least 24 hours before the trial ends, the trial converts into a paid subscription and you will be charged. Trials are limited to one per person and may be withdrawn or changed at any time for new users.

7.5. Price changes. We may change subscription prices. Price changes apply from the next billing period after notice given through the app store or the app, in accordance with the app store's rules and applicable law.

7.6. Refunds. Refund requests are handled by Apple or Google under their refund policies. Except where required by law or the app store's rules, payments are non-refundable and we do not provide refunds or credits for partially used periods.

7.7. Right of withdrawal (EU/UK consumers). If you are a consumer in the EU or the UK, you have a statutory right to withdraw from a contract for digital content or digital services within 14 days. By starting a paid subscription or trial and asking us to make the paid content available immediately, you expressly consent to the immediate start of performance and acknowledge that you lose your right of withdrawal once the digital content has begun to be supplied, to the extent permitted by law. This does not affect any refund the app store may grant you.

7.8. Taxes. Prices include taxes where the app store is required to collect them. You are responsible for any other taxes applicable to you.

7.9. Promotional codes and offers. Promotional codes and special offers are subject to their own conditions, have no cash value, may not be resold and may be cancelled if obtained or used improperly.

8. Corporate (B2B) access

8.1. How you join. If you get access through your employer or another organisation (a "Client"), your access is provided under an agreement between Mindship and the Client, which determines the scope of features and the period of access. You can join a Client's programme through an invitation sent to your email address, through the Client's join link, or automatically when you sign up or sign in with an email address on a domain that the Client has asked us to include.

8.2. When access ends. Your access may end when the Client's agreement with Mindship ends or when the Client removes you from the programme. You may then continue with a personal subscription if offered.

8.3. What the Client sees. The Client's administrators see your email address, whether you have joined, when you joined and whether your premium access is active. They also see statistics on how the programme is used: aggregated figures (for example, how many practices were completed and when, which categories were used, and how participants rated how they felt before and after practices) and, for each participant, the number of completed practices, the time of the last practice, the most used practice category and the time of the last sign-in. Aggregated figures are shown for any group size and period, so in a small programme they may reveal information about individual participants. The Client does not see your requests, your breathing recordings or results, or your individual answers and ratings. Details are in the Privacy Policy.

8.4. Your earlier data. When you join, the data of your earlier use of Mindship (your profile, practice history and breathing results) moves to the part of our systems that serves corporate programmes. Mindship remains responsible for it as described in the Privacy Policy, and the Client gets only what Section 8.3 describes.

8.5. Voluntary participation. Participation is voluntary. You can stop using the Services or delete your account at any time.

8.6. Business customers. Business customers who wish to purchase access for their teams may request a separate agreement and invoicing at support@mindship.me. The terms of that agreement prevail over these Terms in relations between Mindship and the Client.

9. Licence to use the Services

9.1. Subject to your compliance with these Terms (and, for paid features, payment), Mindship grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use the app on devices you own or control, and to use the Services for your personal, non-commercial purposes.

9.2. You may not, and may not allow anyone else to:

• copy, modify, translate, adapt or create derivative works of the Services or any content;
• decompile, disassemble, reverse engineer or attempt to obtain the source code, models, prompts or algorithms of the Services, except to the extent such restriction is prohibited by law;
• extract, scrape or collect content, data or practices by automated means, or use the Services or their content to develop, train or improve any artificial intelligence model or competing product;
• record, publish, broadcast, sell, rent, sublicense or otherwise make the content available to third parties, or use it for commercial purposes, including group sessions, classes or consulting, without our written consent;
• remove or alter any copyright, trademark or other notices;
• circumvent technical protection measures, subscription restrictions or access controls.

10. Your content and feedback

10.1. Your inputs. You retain any rights you have in the text, voice recordings and other content you submit ("Your Content"). You grant Mindship a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and use Your Content to the extent necessary to provide, maintain and secure the Services for you, and to use Your Content in aggregated or anonymised form to evaluate and improve the Services. Breathing-test recordings in which no speech is detected may also be kept, without any link to your account, to train and test our breathing analysis (see the Privacy Policy). Processing of personal data is governed by the Privacy Policy.

10.2. Your responsibility. You are responsible for Your Content and confirm that it does not infringe the rights of others and is not unlawful, abusive or harmful.

10.3. Feedback. If you send us suggestions, ideas or feedback about the Services, you agree that we may use them freely, without any obligation or payment to you, and, to the extent permitted by law, you assign to Mindship all property rights in such feedback.

11. Intellectual property

11.1. The Services and all their content — including software, source code, AI configurations and prompts, the practice library, texts, audio, voice recordings, music, graphics, design, the Mindship name, logo and trademarks — are owned by Mindship or its licensors and protected by intellectual property laws.

11.2. Except for the limited licence in Section 9, these Terms do not grant you any rights to our intellectual property. All rights not expressly granted are reserved.

12. Acceptable use

You agree not to:

• use the Services for any unlawful purpose or in breach of these Terms;
• interfere with or disrupt the Services, servers or networks, introduce malware, or attempt to overload or test the vulnerability of the Services without our written permission;
• attempt to gain unauthorised access to other users' accounts or to our systems;
• create accounts by automated means or under false pretences, or impersonate any person;
• abuse free trials, promotional offers or referral programmes;
• enter content that is unlawful, defamatory, hateful, sexually explicit, or that attempts to manipulate the AI into producing harmful content or bypassing safety measures;
• use the Services in a way that could harm you or others.

We may investigate breaches and take appropriate action, including removing content and suspending or terminating accounts.

13. Third-party services

The Services may integrate with or link to third-party services (for example, Apple, Google, payment providers or websites). We do not control and are not responsible for third-party services, their content, availability or privacy practices. Your use of them is subject to their own terms.

14. Availability and updates

14.1. We aim to keep the Services available, but we do not guarantee that they will be uninterrupted, timely, secure or error-free. The Services may be unavailable because of maintenance, updates, failures of providers or networks, or events beyond our control.

14.2. We may release updates. Some updates may be required to continue using the Services. Features marked as "beta", "preview" or "experimental" are provided for testing, may change or be withdrawn, and are provided without any warranty.

15. Suspension and termination

15.1. You may stop using the Services at any time and delete your account in the app or by email (Section 3.4).

15.2. We may suspend or terminate your access, in whole or in part, with or without prior notice, if: (a) you materially or repeatedly breach these Terms; (b) we are required to do so by law or a public authority; (c) your use creates a risk to you, other users, Mindship or third parties; or (d) we discontinue the Services. Where we discontinue the Services for reasons other than your breach, we will give reasonable notice where possible and, where required by law, refund the unused part of prepaid fees.

15.3. Sections that by their nature should survive termination (including Sections 4, 5, 10, 11, 16–19 and 21) survive.

16. Disclaimers

16.1. To the maximum extent permitted by law, the Services are provided "as is" and "as available". Mindship makes no warranties or representations, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the Services will meet your requirements or achieve any particular result.

16.2. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under the mandatory consumer protection law applicable to you.

17. Limitation of liability

17.1. To the maximum extent permitted by law, Mindship, its participants, directors, employees, contractors and partners are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or opportunity, arising out of or in connection with the Services or these Terms.

17.2. To the maximum extent permitted by law, Mindship's total aggregate liability arising out of or in connection with the Services or these Terms is limited to the total amount you paid to Mindship for the Services in the 12 months before the event giving rise to liability.

17.3. Mindship is not liable for: decisions you make based on practices, content or AI recommendations; consequences of using the practices contrary to Section 5 or the Health Disclaimer; events beyond our reasonable control (including war, hostilities, air-raid alerts, power or network outages, cyberattacks, acts of public authorities); the acts or omissions of third-party services; or unauthorised access to or use of our servers or your data by third parties (including hacking), provided that we have taken reasonable security measures.

17.4. What we do not exclude. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for damage caused intentionally or by gross negligence, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer, the limitations above apply only to the extent permitted by the mandatory law of your country of residence.

18. Indemnity

To the extent permitted by law, you agree to compensate Mindship for losses, damages and reasonable costs (including legal fees) arising from claims by third parties caused by your breach of these Terms, your unlawful use of the Services or Your Content. This Section does not apply to consumers where such an obligation is prohibited by mandatory law.

19. Governing law and disputes

19.1. Governing law. These Terms and any non-contractual obligations arising from them are governed by the laws of Ukraine. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence.

19.2. Informal resolution first. Before bringing any claim, please contact us at support@mindship.me and describe the issue. We will try to resolve it within 30 days.

19.3. Courts. Disputes are resolved by the competent courts of Kyiv, Ukraine. If you are a consumer residing in the EU, the UK or another country whose law gives you that right, you may also bring proceedings in the courts of your country of residence.

19.4. Time limit. To the extent permitted by law, any claim arising from these Terms must be brought within one year after the cause of action arose.

20. Additional terms for Apple and Google users

20.1. Apple. If you downloaded the app from the Apple App Store: (a) these Terms are concluded between you and Mindship only, not with Apple; (b) Mindship, not Apple, is responsible for the app and its content; (c) Apple has no obligation to provide maintenance or support for the app; (d) if the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, and, to the maximum extent permitted by law, Apple has no other warranty obligation; (e) Mindship, not Apple, is responsible for addressing any claims relating to the app, including product liability, legal or regulatory compliance and consumer protection claims; (f) Mindship, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the app infringes intellectual property rights; (g) you confirm that you are not located in a country subject to a US Government embargo and are not on any US Government list of prohibited or restricted parties; (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

20.2. Google. If you downloaded the app from Google Play, the Google Play Terms of Service also apply to your purchase and use of the app.

21. General provisions

21.1. Assignment. You may not transfer your rights or obligations under these Terms. We may transfer our rights and obligations to another entity, including in connection with a reorganisation, merger, acquisition or sale of assets, provided that your rights under these Terms are not reduced.

21.2. Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be replaced by a valid one closest to its intent.

21.3. No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

21.4. Force majeure. We are not responsible for any delay or failure to perform caused by circumstances beyond our reasonable control, including martial law, hostilities, air-raid alerts, power outages, failures of telecommunication networks or cloud providers, cyberattacks, natural disasters or acts of public authorities.

21.5. Electronic communications. You agree that we may communicate with you electronically (in the app, by push notification or email), and that such communications satisfy any requirement for written form to the extent permitted by law.

21.6. Language. These Terms are available in English and Ukrainian. In case of any discrepancy, the version in the language of the country of your residence prevails where required by mandatory law; otherwise the English version prevails.

22. Contact us

LIMITED LIABILITY COMPANY "MINDSHIP" (TOV "MAINDSHYP"), identification code 45964647

17 Hlybochytska St., building 1-A, non-residential premises 417, Kyiv, 04052, Ukraine

Email: support@mindship.me