Terms & Conditions

Effective Date: 9. October 2025

Last Updated: 9. October 2025

1. Agreement to Terms

Welcome to MindStash! These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and Mindstash B.V. ("MindStash," "we," "us," or "our") governing your access to and use of the MindStash application, website, and related services (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

Company Information:

Mindstash B.V.
KvK: 97780626
Science Park 608
1098 XH Amsterdam, the Netherlands
VAT: NL 868228564B01
Email: privacy@mindstash.app

2. Description of Service

2.1 What is MindStash?

MindStash is an AI-powered curiosity companion that enables you to:

  • Capture and organize your interests, ideas, and curiosities
  • Create notes, add photos, save URLs, and record thoughts
  • Use artificial intelligence to explore connections between your interests
  • Interact conversationally with your content through AI
  • Build a personalized knowledge base of your curiosities

2.2 AI-Powered Features

MindStash is fundamentally an AI application. Core features rely on artificial intelligence to process your content, understand context, identify connections, and provide intelligent suggestions. By using MindStash, you understand and agree that your content will be processed by AI systems as described in our Privacy Policy.

2.3 Service Availability

We strive to provide reliable service but do not guarantee:

  • Uninterrupted or error-free operation
  • That defects will be corrected immediately
  • That the Service will meet all your requirements
  • Specific uptime percentages

The Service is provided on an "as-is" and "as-available" basis.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 16 years of age to use MindStash. By creating an account, you represent and warrant that you are 16 years or older.

We comply with the General Data Protection Regulation (GDPR) and Dutch law regarding age requirements for data processing consent.

3.2 Account Creation

To use MindStash, you must create an account using one of the following methods:

  • Apple Sign-In
  • Google Sign-In
  • Email and password

You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized access

3.3 Account Responsibility

You are responsible for:

  • All activities that occur under your account
  • Maintaining the confidentiality of your password
  • Any consequences of unauthorized access due to your failure to secure credentials

We are not liable for losses caused by unauthorized use of your account.

3.4 One Account Per Person

You may only create one account. Creating multiple accounts may result in suspension or termination of all accounts.

4. User Content and Intellectual Property

4.1 Your Content Ownership

You retain all ownership rights to the content you create, upload, or share through MindStash ("User Content"), including:

  • Notes and written text
  • Photos and images
  • URLs and links
  • Voice recordings
  • Any other materials you provide

4.2 License to MindStash

By creating User Content, you grant MindStash a limited, non-exclusive, worldwide, royalty-free license to:

  • Store, process, and display your User Content back to you
  • Process your User Content with AI to provide Service features
  • Back up your User Content for service reliability and disaster recovery
  • Use your User Content to improve AI models and features (anonymized and aggregated only)
  • Comply with legal obligations (e.g., court orders)

This license exists only to operate the Service and ends when you delete your content or account.

4.3 Responsibility for User Content

You are solely responsible for your User Content and warrant that:

  • You own or have the necessary rights to the content
  • Your content does not violate any laws or third-party rights
  • Your content does not infringe intellectual property rights
  • You have obtained all necessary permissions for any content featuring others

4.4 MindStash Intellectual Property

The Service itself, including:

  • Software, code, and algorithms
  • MindStash branding, logos, and trademarks
  • Design, layout, and user interface
  • AI models and features (excluding your data)

...remains the exclusive property of MindStash B.V. and is protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, modify, or reverse-engineer the Service
  • Use MindStash branding without written permission
  • Create derivative works based on the Service
  • Extract or scrape data using automated tools

5. Acceptable Use and Prohibited Conduct

5.1 Acceptable Use

You agree to use MindStash only for lawful, personal, non-commercial purposes in accordance with these Terms.

5.2 Prohibited Content

You may not create, upload, or share content that:

Illegal Content:

  • Violates any applicable law or regulation
  • Infringes intellectual property rights
  • Contains malware, viruses, or harmful code

Harmful Content:

  • Promotes violence, terrorism, or harm to others
  • Contains hate speech or discriminatory content
  • Harasses, threatens, or intimidates individuals
  • Exploits or harms minors in any way

Deceptive Content:

  • Impersonates any person or entity
  • Contains spam, phishing, or fraudulent material
  • Spreads misinformation with intent to deceive

Inappropriate Content:

  • Contains pornographic or sexually explicit material
  • Promotes self-harm or suicide
  • Violates privacy rights of others

5.3 Prohibited Activities

You may not:

Technical Abuse:

  • Attempt to gain unauthorized access to the Service or other accounts
  • Use automated bots, scripts, or scrapers
  • Reverse-engineer, decompile, or disassemble the Service
  • Interfere with or disrupt the Service's operation
  • Circumvent security features or access controls

Commercial Misuse:

  • Use the Service for commercial purposes without authorization
  • Resell, rent, or lease access to the Service
  • Use the Service to compete with MindStash

Other Violations:

  • Violate any applicable laws or regulations
  • Infringe on MindStash's or others' intellectual property
  • Collect or harvest user information without consent

5.4 Enforcement

We reserve the right to:

  • Remove or disable access to prohibited content
  • Suspend or terminate accounts violating these Terms
  • Report illegal activity to law enforcement
  • Cooperate with legal investigations

We are not obligated to monitor User Content but may do so to enforce these Terms or comply with law.

6. AI Features and Limitations

6.1 Nature of AI

MindStash uses artificial intelligence to process your content. AI technology:

  • May produce inaccurate, incomplete, or unexpected results
  • Reflects patterns in training data and may have biases
  • Cannot replace human judgment or professional advice
  • Is continuously improving but not perfect

6.2 No Professional Advice

AI-generated suggestions, insights, and responses are for informational and entertainment purposes only. They do not constitute:

  • Professional advice (legal, medical, financial, or otherwise)
  • Factually verified information
  • Endorsements or recommendations
  • Guarantees of accuracy or completeness

Always verify important information from authoritative sources.

6.3 Your Responsibility

You are solely responsible for:

  • How you use AI-generated suggestions
  • Decisions made based on AI outputs
  • Verifying information before relying on it
  • Seeking professional advice when appropriate

MindStash is not liable for decisions you make based on AI-generated content.

6.4 AI Processing Consent

By using MindStash, you consent to AI processing of your content as described in our Privacy Policy. This processing is essential to the Service and cannot be disabled without losing core functionality.

7. Pricing and Payment

7.1 Current Pilot Phase

MindStash is currently offered free of charge as part of our pilot launch. You can use all features without payment during this phase.

7.2 Future Freemium Model

We plan to introduce a freemium model in the future, which may include:

  • Free tier with basic features
  • Paid subscription(s) with premium features
  • Tiered pricing based on usage or features

You will be notified in advance before any pricing changes take effect. If you created an account during the free pilot phase, you will:

  • Maintain access to all your existing data
  • Have the option to continue with a free tier or upgrade to premium
  • Not be charged without your explicit consent

7.3 Payment Terms (When Applicable)

When payment features are introduced:

Subscriptions:

  • Billed in advance on a recurring basis (monthly or annually)
  • Automatically renew unless cancelled before renewal date
  • Cancellation takes effect at end of current billing period

Payment Processing:

  • Processed securely by Stripe (subject to Stripe's terms)
  • You must provide accurate payment information
  • You authorize charges to your payment method

Refunds:

  • Generally not provided for partial subscription periods
  • Refunds at our discretion on a case-by-case basis
  • Statutory rights (EU consumer protection) remain unaffected

Price Changes:

  • We may change prices with 30 days' notice
  • Existing subscribers locked in at current rate for their subscription term
  • Option to cancel before price increase takes effect

7.4 Taxes

You are responsible for any applicable taxes (VAT, sales tax, etc.) in your jurisdiction. Prices may be displayed exclusive of taxes.

8. Service Modifications and Interruptions

8.1 Right to Modify

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of the Service
  • Add, remove, or change features
  • Update system requirements
  • Change these Terms (with notice)

We will provide reasonable notice of material changes when possible.

8.2 Service Interruptions

The Service may be temporarily unavailable due to:

  • Scheduled maintenance
  • Technical issues or outages
  • Third-party service failures (AWS, AI providers, etc.)
  • Security incidents
  • Force majeure events

We are not liable for losses due to service interruptions.

8.3 No Obligation to Maintain

We are not obligated to:

  • Maintain any specific feature indefinitely
  • Provide updates or improvements
  • Support outdated versions or devices

9. Data and Privacy

9.1 Privacy Policy

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data.

The Privacy Policy is incorporated into these Terms by reference. Please review it carefully at link to Privacy Policy.

9.2 Data Backup Responsibility

While we implement backup systems, you are responsible for maintaining your own backups of important content. We recommend regularly exporting your data using the in-app export feature.

9.3 Data Retention

Upon account deletion, your data is permanently deleted within 30 days, subject to legal retention requirements. See our Privacy Policy for details.

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

Upon termination:

  • You lose access to the Service immediately
  • Your data is deleted within 30 days (see Privacy Policy)
  • Paid subscriptions (if applicable) are subject to our refund policy

10.2 Termination by MindStash

We may suspend or terminate your account immediately without notice if:

  • You violate these Terms or our policies
  • You engage in fraudulent or illegal activity
  • Your account poses a security risk
  • Required by law or legal process
  • The Service is discontinued

10.3 Effects of Termination

Upon termination by either party:

  • Your license to use the Service ends immediately
  • You must stop using the Service
  • Sections of these Terms that by nature should survive (liability, indemnification, disputes) remain in effect

10.4 No Refunds on Termination for Cause

If we terminate your account for violating these Terms, you are not entitled to refunds for any paid subscriptions.

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING:

  • Fitness for a particular purpose
  • Merchantability
  • Non-infringement
  • Accuracy, reliability, or completeness
  • Uninterrupted or error-free operation
  • Security or absence of viruses

WE DO NOT WARRANT THAT:

  • The Service will meet your requirements
  • AI outputs will be accurate or reliable
  • Defects will be corrected
  • Your data will be completely secure

USE THE SERVICE AT YOUR OWN RISK.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDSTASH B.V., ITS DIRECTORS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

Indirect Damages:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, or business opportunities
  • Loss of data or content
  • Loss of goodwill or reputation
  • Costs of substitute services

Even if we have been advised of the possibility of such damages.

Direct Damages Cap:

For any direct damages, our total liability is limited to the greater of:

  • €100 (one hundred euros), OR
  • The amount you paid us in the 12 months preceding the claim (if applicable)

11.3 Exceptions to Limitations

The above limitations do not apply to:

  • Damages caused by our gross negligence or willful misconduct
  • Liability that cannot be excluded under applicable law (e.g., EU consumer protection)
  • Personal injury or death caused by our negligence
  • Fraud or fraudulent misrepresentation

11.4 Essential Basis of Bargain

You acknowledge that these limitations are an essential basis of the agreement between you and MindStash, and that we would not provide the Service without these limitations.

12. Indemnification

You agree to indemnify, defend, and hold harmless MindStash B.V., its affiliates, directors, officers, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use or misuse of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

13. Third-Party Services

13.1 Third-Party Links

The Service may contain links to third-party websites, services, or content. These links are provided for convenience only.

We do not endorse, control, or assume responsibility for third-party services. Use of third-party services is at your own risk and subject to their terms and privacy policies.

13.2 Authentication Providers

If you use Apple Sign-In or Google Sign-In:

  • You are subject to Apple's and Google's respective terms and policies
  • We receive limited information from these providers as described in our Privacy Policy
  • You must comply with their terms of service

13.3 AI Service Providers

The Service relies on third-party AI providers (OpenAI, Anthropic, Google). We are not responsible for:

  • The accuracy or reliability of AI outputs
  • Changes to AI provider terms or availability
  • AI provider service interruptions

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

14.3 Informal Resolution

Before filing any legal claim, you agree to first contact us at privacy@mindstash.app to attempt to resolve the dispute informally. We will try to resolve disputes in good faith.

14.4 EU Consumer Rights

If you are an EU consumer, you may also have rights under EU consumer protection laws that cannot be waived by these Terms. Nothing in these Terms affects those statutory rights.

14.5 Mandatory Arbitration Opt-Out

We do not require mandatory arbitration. You may pursue claims in court as provided above.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MindStash regarding the Service and supersede any prior agreements or understandings.

15.2 Amendments

We may update these Terms from time to time. Changes will be effective:

  • Immediately upon posting for non-material changes
  • After 30 days' notice for material changes (via email or in-app notification)

Your continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service and may delete your account.

15.3 Severability

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

15.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by MindStash.

15.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor entity without your consent.

15.6 Force Majeure

We are not liable for delays or failures in performance due to causes beyond our reasonable control, including:

  • Natural disasters
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Internet or telecommunications failures
  • Third-party service outages (AWS, AI providers, etc.)

15.7 Language

These Terms are drafted in English. In case of translations, the English version shall prevail in case of any discrepancy.

15.8 Contact for Legal Notices

All legal notices to MindStash must be sent to:

Email: privacy@mindstash.app

Address:
Mindstash B.V.
Science Park 608
1098 XH Amsterdam, the Netherlands

16. Additional Terms for iOS App

16.1 Apple App Store

If you download MindStash from the Apple App Store, you acknowledge:

  • These Terms are between you and MindStash, not Apple
  • Apple has no obligation to provide support for the app
  • Apple is not responsible for the app or content
  • You will comply with Apple's App Store Terms of Service

16.2 Device Permissions

The iOS app may request access to:

  • Camera: To capture photos for your notes
  • Microphone: To record voice notes or audio
  • Location (optional): To provide location-based features (only if you opt-in)
  • Notifications: To send push notifications about your content

You can manage these permissions in your device settings.

17. Contact Information

For questions, concerns, or notices regarding these Terms:

Email: privacy@mindstash.app

Contact Person: Cosimo Radler

Address:
Mindstash B.V.
Science Park 608
1098 XH Amsterdam, the Netherlands

By using MindStash, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

Last Updated: 9. October 2025

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