Terms of Service

These Terms of Service (“Terms”) govern your use of the online and mobile products operated by KindMind Labs LLC (“Company,” “we,” “us,” or “our”), including KindMind, BookPath, and any other website, application, or product we operate that links to these Terms (each, and together, the “Service”). These Terms become binding on you when you create an account, or when you use a feature that asks you to accept them first. Simply visiting a public page does not by itself make them binding. Any separate pre-account acceptance applies only where the feature actually presents an acceptance step. Processing before account creation is described in our Privacy Policy. If you do not agree, you must not use the Service.

We may update these Terms from time to time. If a change is material, we will give you reasonable advance notice by email or through the Service before it takes effect, and we will update the “Last updated” date above. Changes apply going forward, from their effective date. If applicable law requires your affirmative consent to a change, or if we would materially expand the scope of the arbitration agreement in Section 21 as it applies to you, we will obtain your consent before applying that change to you. A change does not retroactively alter the rules governing a dispute either of us already knew about when it took effect. If you do not accept a change, you may stop using the Service and cancel your subscription.

The Service is actively developed. We may add, change, rename, combine, limit, or remove features, plans, products, and content at any time, and we may release features that are experimental or that we later withdraw. These Terms are written to describe categories of functionality rather than a fixed list of features, and they apply to every feature we offer, including ones introduced after the date above. A new feature may also carry its own additional terms or ask for a separate choice, where how it works differs materially from what is described here or where the law requires it.

This Section does not let us take away a refund, cancellation right, or other remedy the law gives you if we materially cut back the core paid functionality of a subscription during a period you have already paid for. Changes needed for security, legal compliance, safety, or because a provider we depend on became unavailable may take effect immediately.

Where these Terms name a specific feature, that name is illustrative. If a feature is renamed or replaced by something that serves the same purpose, the same provisions apply to it. We do not guarantee that any particular feature will remain available.

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under the laws of your jurisdiction. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The Service is an online journal and self-reflection product. It is intended for personal reflection and general wellness, not for diagnosis, treatment, or clinical decision-making. We do not offer professional medical, psychological, psychiatric, or therapeutic services. Guided exercises and AI-guided conversations are self-help tools, not therapy. No doctor-patient, therapist-client, or counselor-client relationship is created by your use of the Service. The Service is not designed to diagnose, treat, monitor, or respond to an acute medical, psychological, or safety emergency.

The Service is not an emergency service and cannot provide crisis intervention. You should always seek the advice of a qualified health provider with any questions you have regarding a medical or mental health condition. Never disregard professional advice, or delay seeking it, because of something you have encountered on the Service.

Some parts of the Service run automated checks intended to recognize signs of crisis or risk and to show supportive resources. Nobody at the Company routinely reads or reviews your writing. Messages you send to certain AI features are analyzed automatically, as described in our Privacy Policy. That analysis is done by software, without human review, and it is not continuous monitoring of your account. These checks can be wrong in either direction. They will miss genuine crises, and they may show crisis resources, or set aside a reply, when nothing is wrong. They do not diagnose you, assess your condition, monitor you, alert another person, or contact emergency services. You must never rely on the Service to detect a crisis, to alert anyone, or to obtain help on your behalf.

If you may act on thoughts of harming yourself or someone else, or you are otherwise in immediate danger, contact emergency services or a crisis line available where you live. In the United States:

• 911 for an immediate emergency, or your local emergency number
• 988 Suicide & Crisis Lifeline (US): call or text 988
• Crisis Text Line (US): text HOME to 741741

Outside the United States, please contact your local emergency services or a crisis line near you. The Service does not establish your emergency location, cannot contact any of these services for you, and cannot guarantee that a particular resource is available where you live.

Parts of the Service use artificial intelligence to generate text, to summarize what you have written, to plan guided sessions, and to power conversational features. Where you interact with an AI feature, you are interacting with software, not a person. AI output is generated automatically and is not reviewed by a licensed professional of any kind. By using an AI feature, you acknowledge and agree that:

• Content you submit to an AI feature is transmitted to a third-party AI provider for processing, as described in our Privacy Policy.
• AI output may be inaccurate, incomplete, outdated, offensive, or inappropriate, and may confidently state things that are false. You must not rely on it as professional advice of any kind.
• The potential risks inherent to AI technology may not be fully understood, and safeguards may not be fully developed.
• AI output does not reflect the views or opinions of KindMind Labs LLC and is not endorsed by us.
• Use your own judgment and appropriate professional advice before acting on AI output. This does not exclude responsibilities or liabilities that the law places on us.
• We do not guarantee the availability, accuracy, consistency, or suitability of AI features. Changes to models, providers, or behavior remain subject to applicable law, privacy disclosures, and any required notice or consent.
• Similar or identical output may be generated for other users, and you obtain no exclusive rights in AI output.

The Service uses automated logic to decide what to show you and when. This includes deciding whether to display a prompt, suggestion, or supportive message, whether to grant an account benefit such as a trial extension or a promotional offer. These decisions are made automatically, without human review, using account and usage signals and, in some cases, AI.

These decisions affect only what you see inside the Service, whether a safety response replaces an AI reply, and whether you receive an optional benefit. They are not used to determine employment, housing, credit, insurance, or medical treatment. You can choose whether to use AI features and manage Journal memory and optional emails through available controls. The Journal memory switch does not disable all AI processing. Contact us for help with other consent or preference requests. You may contact us to request that a person review any automated decision that affects you.

You are responsible for maintaining the confidentiality of your account credentials, your password, and your recovery key, and for activity you authorize under your account. You agree to notify us immediately of any unauthorized use of your account. You may not share your account, sell it, or transfer it to anyone else. Your responsibility for protecting credentials does not remove our own obligations under applicable law.

One person, one account. We may reclaim an account that has been inactive for an extended period, after reasonable advance notice to the email address on file and an opportunity to export your content, subject to applicable law and Section 23.

The Service offers one or more subscription plans. The features included in each plan, the prices, and the billing periods are those displayed on our pricing page and at checkout at the time you subscribe. Plans may include different sets of features, and some features may be available only on higher-priced plans. We may add, change, rename, or retire plans, and we may change which features a plan includes.

Payment is processed by a third-party payment processor. Any payment-provider terms presented at checkout apply to the payment services they cover. We do not receive or store your full payment instrument details.

Trials. New accounts may include a free trial as displayed during signup. Trial lengths vary by how you signed up and by any promotion applied to your account. We do not ask for a card to start a trial, and a new-account trial does not turn into a paid subscription unless you subscribe at checkout. When a KindMind trial ends, you can use the free Journal plan. Access after a trial in another product depends on the plans offered for that product; paid features require a subscription. Referral credits applied to an existing paid subscription can postpone charges; billing resumes when that credit ends unless you cancel. Any different trial terms, including recurring charges and cancellation terms, will be presented before you start. Applicable reminder and notice requirements still apply.

Renewal and cancellation. By expressly authorizing a recurring purchase at checkout, you authorize automatic renewal at the disclosed price and interval, subject to the notice and consent requirements for later changes. Subscriptions continue unless canceled before the end of the current period. You may cancel at any time using the billing controls in your web account menu, and cancellation takes effect at the end of the period you have already paid for. Cancelling is self-serve. We will not make you call a phone number or talk to a representative to do it. Your recurring price and billing interval are shown at checkout. Your purchase remains subject to applicable disclosure, consent, reminder, and cancellation requirements; these Terms do not waive them. If you cannot access cancellation controls, contact hello@kindmind.com for assistance. App-store purchases are addressed in Section 16.

Refunds. Refund requests may be submitted to hello@kindmind.com within 14 days of the charge. A request is not a guarantee of a refund unless we have expressly offered one. Outside that window, payments are non-refundable except where required by law. Nothing here limits mandatory withdrawal, cancellation, conformity, or refund rights, including rights that apply to digital services in your jurisdiction. We do not treat acceptance of these Terms alone as a waiver of any statutory withdrawal right. If we discontinue the Service entirely, we will refund the unused portion of any prepaid subscription period on a pro-rata basis.

If your plan changes or lapses. Content you created is never deleted because your plan changed. It stays encrypted, it stays yours, and it comes back when you resubscribe. While your account is active you can sign in on the web and export your journal entries, whatever your plan. Content that belongs to a feature outside your current plan, such as your conversations with an AI feature, is preserved, and you can export it from your web account, whatever your plan. What changes is that you cannot browse it inside the app while that feature is disabled. The export is encrypted, because we hold no key that would let us produce it any other way, and it unlocks with your password or recovery key. Account deletion and termination are governed separately by Section 23.

Price changes. We may change prices at any time. A subscription price increase takes effect only for a future billing period after the advance notice and any affirmative consent required by applicable law. You may cancel before the increase takes effect.

Promotions, referrals, and invite codes. We may offer referral rewards, invite codes, extended trials, complimentary access, and other promotions. These are offered at our discretion, have no cash value, are not transferable or redeemable for cash, may be subject to additional posted terms, and may be modified, limited, or withdrawn for future offers, subject to any terms already accepted and rights already earned. We may revoke a benefit obtained through fraud, abuse, duplicate accounts, or violation of these Terms.

Taxes. Prices exclude taxes unless stated otherwise. You are responsible for any applicable sales, use, VAT, or similar taxes.

As between you and us, you retain your rights in content you submit, including journal entries, messages, responses, and uploads (“User Content”). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display your User Content solely as necessary to operate and provide the Service to you, and to make backups. This license ends when you delete the content or your account, except for the limited retention and processing described in our Privacy Policy or required by law.

You are solely responsible for your User Content, including its legality and your right to submit it. You agree not to use the Service to store or transmit content that is unlawful, infringing, threatening, abusive, harassing, defamatory, or that contains another person’s personal information that you have no right to hold. Because most User Content is encrypted on your device before it reaches us, we cannot inspect its stored plaintext. We can restrict access or remove records when necessary to enforce these Terms or comply with law. AI safety processing and messages you address to us are described in the Privacy Policy.

You are responsible for keeping your own copies of anything you would not want to lose. The Service provides an export feature, and we encourage you to use it.

Some parts of the Service let you submit content intended for us or for publication, such as a testimonial, a review, a support message, or feedback about the product. Content you submit through those features is not encrypted from us. We can read it, and that is the point of it. Do not include anything in such a submission that you would not want us to read.

If you submit a testimonial or review, you grant us a non-exclusive, worldwide, royalty-free license, including use by providers acting on our behalf to use, reproduce, edit for length and clarity, publish, and display it, together with any first name, display name, or attribution you supply, in the Service and in our marketing. You may ask us to stop using it going forward by contacting us, and we will do so within a reasonable time, subject to applicable withdrawal and deletion rights. We may be unable to recall copies lawfully distributed before your request. We will not edit a testimonial to misrepresent your experience, and this license does not replace any separate permission required for sensitive information or publicity rights.

If you send us ideas, suggestions, or feedback about the Service, you allow us to use the ideas to improve and develop our services without compensation. This permission does not authorize us to publish your private messages or disregard applicable privacy rights.

We use zero-knowledge, client-side encryption to protect stored User Content. Private content is encrypted on your device before account storage. Your device derives a key from your password and uses it to lock the key that actually encrypts your content, and only the locked version is sent to us, so our storage system does not hold the unlocked key that decrypts those private records. Because the lock is your password, the protection is only as strong as the password you choose. AI features process selected content in readable form at our proxy and AI provider; some plan and title context also passes through our application server. Importing from an older service involves a separate temporary server-side transfer of readable content. Our Privacy Policy describes which categories of information are encrypted this way, which are not, and where those exceptions apply.

If you lose your password, recovery key, and access to any device that can still unlock your data, we cannot restore your encrypted content. An email password reset alone does not unlock it. This is a deliberate consequence of the design, and by using the Service you accept it.

Encryption does not make the Service perfectly secure. We do not guarantee that unauthorized access, data loss, corruption, or service interruption will never occur. You understand and accept the inherent risks of transmitting and storing information over the internet, and you are solely responsible for safeguarding your password and recovery key.

We may make features available on a preview, beta, early access, or experimental basis. Those features are provided as is, may be incomplete or unstable, may change or be removed without notice, and are excluded from any commitment, service level, or warranty in these Terms. Use them at your own risk.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the Service, to other users’ accounts, or to our systems or those of our providers.
• Interfere with, disrupt, overload, or probe the Service or its infrastructure.
• Reverse engineer, decompile, or disassemble any part of the Service, except where that restriction is prohibited by law.
• Use automated means, including bots, scrapers, or crawlers, to access the Service without our written permission.
• Circumvent any security feature, access control, entitlement, rate limit, or usage limit.
• Use AI features to generate harmful, illegal, or abusive content, to extract or replicate the underlying model, or to build a competing product.
• Resell, sublicense, or make the Service available to third parties.
• Create multiple accounts to obtain trials, referral rewards, invite benefits, or promotions you are not entitled to.
• Misrepresent your identity or affiliation, or use the Service on behalf of someone else without authority.
• Use AI output from the Service as the sole or determinative basis for a decision about another person’s employment, housing, credit, insurance, education, medical treatment, legal rights, or any other similarly significant opportunity or service.

The Service, including its design, code, features, written content, guided programs, prompts, trademarks, and logos, is the property of KindMind Labs LLC or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

Where the Service offers guided programs inspired by published works, ideas, or frameworks, those programs are our own original material. They do not reproduce, and are not a substitute for, the underlying works, and references to third-party names, titles, or trademarks are for identification and educational context only and do not imply affiliation or endorsement.

The Service depends on third-party providers, including hosting, database, authentication, payment, email, and AI providers, and may link to third-party sites or content. Third-party services and content have their own terms and practices. We remain responsible for obligations applicable to our selection and use of service providers. Your use of a third-party service may be governed by that provider’s own terms. A failure, change, outage, or discontinuation by a third-party provider may interrupt or change the Service, subject to the remedies and limitations permitted by these Terms and applicable law.

If you obtain the Service through a third-party app store or platform, additional terms apply. Your license is limited to use on devices you own or control, as permitted by the store’s usage rules, including any permitted Family Sharing or volume-purchase access. These Terms are between you and KindMind Labs LLC only, not with the app store provider. The app store provider has no obligation to furnish maintenance or support for the Service, except as required by its applicable terms or law. If an Apple-distributed app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the app purchase price; to the maximum extent permitted by law Apple has no other warranty obligation. We are responsible for other applicable warranty obligations and for addressing any claim that the Service fails to conform to an applicable warranty, for any product liability claim, for claims that the app does not meet legal or regulatory requirements (including consumer-protection and privacy requirements), and for any claim that the Service infringes third-party intellectual property rights, in each case subject to applicable law and these Terms. Responsibility for those claims includes investigating, defending, settling, and discharging them to the extent required by applicable app-store terms.

You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government restricted-party list. For Apple-distributed apps, Apple Inc. and its subsidiaries are third-party beneficiaries of the applicable app license and may enforce it. You must also comply with applicable third-party agreements when using the app.

Subscriptions purchased through an app store are billed and managed by that store. Cancellations and refunds for subscriptions bought through an app store are managed through that store under its policies and applicable law. Mandatory consumer rights still apply.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Service will be uninterrupted, timely, error-free, or secure, that defects will be corrected, that data will not be lost, or that the Service is free of viruses or other harmful components. We do not warrant the accuracy, completeness, reliability, or usefulness of any content provided through the Service, including AI output and any automated safety check.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

You use the Service voluntarily and at your own risk. Self-reflection and journaling can surface difficult thoughts, memories, and feelings. You are responsible for deciding whether the Service is appropriate for you, for stopping if it is not, and for seeking qualified professional care when your circumstances call for it. You agree that you are not relying on the Service, on AI output, or on any automated safety check to identify, prevent, or respond to any medical, psychological, or emergency situation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINDMIND LABS LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR FOR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, INCLUDING CLAIMS RELATING TO PRIVACY, DATA PROTECTION, DATA SECURITY, CONFIDENTIALITY, LOSS OR CORRUPTION OF DATA, AI OUTPUT, AUTOMATED PROCESSING, OR ANY AUTOMATED SAFETY CHECK, AND REGARDLESS OF THE LEGAL THEORY ASSERTED, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMIT DOES NOT APPLY TO ANY RIGHT OR REMEDY THAT APPLICABLE LAW PROHIBITS US FROM LIMITING.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for any other liability that applicable law does not permit us to limit. If applicable law does not allow the limitations in this Section, they apply to the greatest extent that law permits, and the remainder of this Section remains in effect.

You agree that these limitations are a fundamental basis of the bargain between us, and that without them we could not offer the Service at its current price.

To the extent permitted by applicable law, you agree to indemnify and hold harmless KindMind Labs LLC and its officers, directors, members, employees, agents, and affiliates from third-party claims, losses, liabilities, damages, and reasonable costs (including reasonable attorneys’ fees) arising out of: (a) User Content you did not have the legal right to submit; (b) your material violation of these Terms; (c) your infringement or violation of a third party’s rights; or (d) your fraud, intentional misconduct, or unlawful use of the Service. This does not apply to the extent a claim results from our own violation of law, negligence, or willful misconduct. We may control the defense of an indemnified claim using counsel of our choice, and you agree to cooperate with that defense, provided that we will not settle a claim in a way that admits fault by you or imposes a non-monetary obligation on you without your consent.

These Terms are governed by the laws of the State of Oregon, United States, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs Section 21. Where a mandatory consumer protection law of your country of residence gives you greater rights, that law applies to the extent required. Subject to Section 21, disputes not subject to arbitration may be brought in the state or federal courts in Oregon, except that eligible small-claims courts and courts made available by mandatory consumer law remain available. Nothing here deprives a consumer of mandatory protections or a right to sue in their home jurisdiction where applicable law provides that right.

You may stop using the Service and delete your account at any time from your account settings. We may suspend or terminate your access for violation of these Terms, for conduct that risks harm to other users or to the Service, or as required by law, with notice where practicable. We may also discontinue the Service, or any product within it, with at least 30 days’ notice, during which you may export your data, and we will refund the unused portion of any prepaid period as described in Section 8. Where discontinuing sooner is reasonably necessary because of law, security, the unavailability of a provider we depend on, or other circumstances outside our reasonable control, we may act sooner, and we will still refund the unused portion of any prepaid period.

Upon termination, your right to use the Service ceases immediately. Where we terminate your access for a reason other than your material breach or unlawful conduct, we will give you a reasonable opportunity to export your content first. Provisions that by their nature are meant to survive termination do survive it, including accrued payment obligations, intellectual property, warranty disclaimers, allocation of risk, limitation of liability, indemnification, dispute resolution, governing law, and the general provisions needed to give those effect. Where a provision says for itself when it ends, that provision governs.

To the extent permitted by law, we are excused from performance delayed or prevented by events beyond our reasonable control, such as natural disasters, government restrictions, widespread infrastructure outages, labor disputes, cyberattacks, or third-party service failures that meet that standard. This does not excuse our failure to take reasonable safeguards, obligations that cannot lawfully be excused, or applicable refund rights.

You consent to receive communications from us electronically, including by email and through the Service, and electronic communications satisfy writing requirements to the extent permitted by law; any additional legally required consent remains separate. We will always send you communications necessary to operate your account, such as billing, security, and legal notices. You may unsubscribe from optional messages at any time without losing access to the Service.

You may not use or export the Service in violation of U.S. export control or sanctions laws. You may not use the Service if applicable sanctions prohibit us from providing it to you. You must not act on behalf of a person or entity where providing the Service would violate applicable sanctions.

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided the successor agrees to be bound by them.

No third-party beneficiaries. Except as expressly stated in Section 16, these Terms create no third-party beneficiary rights.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between us.

Headings. Section headings are for convenience only and do not affect interpretation.

These Terms, together with any additional terms you accept for a specific feature, purchase, or promotion, constitute the agreement between you and KindMind Labs LLC regarding the Service, and supersede all prior or contemporaneous agreements, understandings, and communications. If additional accepted terms conflict with these Terms, the additional terms control for that feature or promotion only. Our Privacy Policy and Consumer Health Data Privacy Policy describe how we handle your information and remain subject to applicable privacy and consumer-protection law. Nothing in these Terms disclaims responsibility for misleading privacy statements or limits non-waivable privacy rights.

KindMind Labs LLC
Email: hello@kindmind.com