MindBay

Terms and Conditions

Effective Date: February 2025

The following General Terms and Conditions (hereinafter also “Terms and Conditions”) of Mindbay (hereinafter also “Mindbay”, “We” or “Us”) govern the use of the Minbay App (hereinafter also “App”) and the contractual relationship between Mindbay and you (hereinafter also “User” or “You”). By accessing or using the App, You agree to comply with and be bound by these Terms and Conditions. Please read them carefully before using our services.

1. General Provisions

These Terms are governed by the laws of the European Union (EU) and the Republic of Poland, including the Act on the Provision of Electronic Services of 18 July 2002 (Polish Journal of Laws 2002, No. 144, item 1204, as amended). Any matters not regulated herein shall be subject to applicable EU and Polish law.

2. Eligibility

To use the App, you must meet the following conditions:

• Be at least 17 years old.
• Agree to comply with these Terms and Conditions and our Privacy Policy.
• Provide accurate and truthful information during account setup and use of the App.

4. Technical Requirements

To access and use the App, you will need:

• A compatible device with internet access.
• The latest version of the App, available through official app stores.

3. Services Provided

The app asks its users daily provoking/reflective questions which can be answered either publicly (to creates an open discussion) or privately (only the User that posted an answer can view it) whilst still being able to read other public answers.

Each day there is a new question, and Users can only see their own responses from previous days in the ,,past answers” section. Users cannot see other User’s answers from past days or past questions that they had not answered to.

App allows Users to comment on other Uers’ answers.

Please note that Mindbay is a lifestyle application and not medical application and We do not provide medical advice.

We reserve the right to modify, suspend, or discontinue any aspect of the App at our discretion without prior notice.

4. Registration, conclusion of contract

We offer our services to all natural persons with full legal capacity. By agreeing to these Terms and Conditions, you confirm that you are acting of legal age.

Contract You enter into are exclusively between You and Mindbay. To use the App, You need to register with your email address.

4. User Account

• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify Us immediately of any unauthorized access to your account.

We reserve the right to suspend or terminate accounts that violate these Terms and Conditions.

5. Formation and Termination of Service Agreements

Agreement between You and Mindbay is concluded when you register an account and accept these Terms and Conditions. Agreement may be terminated by:

• You: By deleting your account or ceasing use of the App.
• Us: For violations of these Terms and Conditions, fraud, or legal obligations.

Upon termination, your access to the App will cease immediately.

6. Fees and Payments

The use of the App is free of charge. If in the future some features of the App may require payment, We will inform You properly and update this Terms and Conditions accordingly.

7. User Conduct and Prohibited Content

Users are prohibited from providing or transmitting any content that:

• Violates applicable laws or regulations.
• Infringes intellectual property rights or privacy.
• Interfere with or disrupt the App’s functionality.
• Contains harmful software, viruses, or malicious code.
• Promotes hate speech, discrimination, or violence or any kind of harmful, offensive, or inappropriate content.

We reserve the right to suspend or terminate accounts violating this clause.

8. Intellectual Property

• All content and materials available on the App, including but not limited to text, graphics, logos, names, designs, trademarks and software, are the property of the private party (owner).
• You are not entitled to modify, translate, duplicate, decompile, reproduce, distribute, or create derivative works from the App’s content or examine the source code of the App. 

9. Warranties

The App is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that:

• The App will be error-free or uninterrupted.
• All defects will be corrected.

The app is provided with an annual availability of 95.00%. Excluded from the above availability are:

• the following maintenance windows: (i) daily maintenance windows (also for updates and upgrades) and (ii) announced maintenance windows, which are announced with a lead time of at least 2 working days, do not last longer than two hours each and do not exceed 6 hours per month;
• periods of unavailability due to circumstances beyond Mindbay’s control, including force majeure, and
• periods of unavailability caused by the User.

Mindbay might also have to restrict access if the security of network operation, the maintenance of network integrity, in particular, the avoidance of serious disruptions to the network, the software, or stored data require this; these times are also not taken into account in the calculation of availability.

The app may not be available worldwide. The availability may be restricted due to legal requirements in certain countries.

We offer e-mail support support@mindbay.app, which is available Monday to Friday from 10:00 – 18:00 (CET). We try to answer as soon as possible but cannot guarantee a certain reaction time.

10. Limitation of Liability

To the fullest extent permitted by law, We shall not be liable for:

• Any indirect, incidental, or consequential damages arising out of your use of the App.
• Loss of data, revenue, or profits, even if foreseeable.

Mindbay shall be liable only in the case of damage caused by gross negligence or intentionally.

11. Complaints Procedure

Users have the right to file complaints regarding the provision of electronic services by Mindbay. Complaints should be submitted via email to support@mindbay.app.

The complaint should include the following information:

• Full name and contact details of the User.
• Description of the issue, including the date and time of its occurrence.
• Any additional information that may assist in the resolution of the issue.

Mindbay will acknowledge receipt of the complaint within 7 business days from its submission.

Mindbay will review and resolve the complaint within 21 business days from the date of receipt. If additional information is required from the User, the time to resolve the complaint may be extended until such information is provided.

The User will receive a written response to their complaint, including the resolution and any actions taken. The response will be sent to the contact details provided in the complaint.

If the User is not satisfied with the resolution, they have the right to appeal by submitting a written request for reconsideration, providing reasons for the appeal.

Sample User Complaint Form

Full Name: [Provide your full name]

Email Address: [Provide your email address]

Phone Number (optional): [Provide your phone number, if applicable]

Description of the Issue: [Describe the issue in detail, including the date and time it occurred]

Supporting Documents (if any): [List or attach relevant documents, screenshots, or evidence]

Preferred Resolution: [Specify how You would like the issue to be resolved]

Date of Submission: [Provide the date of submitting the complaint]

Signature (if submitted in writing): [Sign here if submitting the form in a printed format]

12. Privacy

Your use of the App is subject to our Privacy Policy, which explains how We collect, use, and protect your personal information. By using the App, You consent to the data practices described in the Privacy Policy.

13. Confidentiality

We are committed to maintaining the confidentiality of all personal and sensitive information you provide. Such information will only be used as necessary to provide services or comply with legal obligations. We implement appropriate technical and organizational measures to ensure the security and confidentiality of your data. For further details, refer to our Privacy Policy.

14. Termination

We reserve the right to terminate or suspend your access to the App at our discretion, including for violations of these Terms and Conditions. Upon termination, your right to use the App will cease immediately.

15. Amendments to the Terms and Conditions

We may update these Terms from time to time. Any changes will be communicated via the App or email. Your continued use of the App after such changes constitutes your acceptance of the new Terms and Conditions.

16. Dispute Resolution

All disputes arising from these Terms and Conditions shall be governed by Polish law and resolved by the competent courts of Poland. Consumers residing in the EU may also access alternative dispute resolution mechanisms in accordance with EU regulations.

17. Contact Information

If You have any questions or concerns about these Terms and Conditions, please contact us at: legal@mindbay.app.