Terms and Conditions

Terms of Service

Welcome to MindSafe!
These Terms govern your use of MindSafe and the products, features, apps, services, technologies and software that we offer (the MindSafe Product or Products), except where we expressly state that separate Terms (and not these) apply.

1. Our services
Our mission is to give people the power to build a safe online, user led space where they are at the centre. To help advance this mission, we provide the products and services described below to you:
Provide a personalised experience for you:
Your experience on MindSafe is unlike anyone else's: from the journal entries, mood diary entries and profile information about you. We use the data we have – for example, about how you are feeling– to personalise your experience.
Offer you suggestions, support and connect you with your Chosen Adult when you ask us to.
We use the data that we have to make information to others such as your school and others ONLY in an anonymised format so that they can see the mood and feelings of the class, school or age group, NEVER of an individual.
We seek to empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on MindSafe and the chance to ask your Chosen Adult to TALK about what matters to you – for example, sharing journal entries, photos and videos. We have also developed, and continue to explore, new ways for people to use technology, such as Sentiment Analysis to better support and engage you in MindSafe.
Use and develop advanced technologies to provide safe and functional services for you:
We use and develop advanced technologies such as artificial intelligence, machine learning systems and sentiment analysis so that people can use our Products safely regardless of physical ability or geographic location.
Research ways to make our services better:
We engage in research and collaborate with others to improve our Products. One way we do this is by analysing the data we have and understanding how people use our Products.
We design our systems so that your experience is consistent and seamless
Enable global access to our services:
To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by MindSafe, or its affiliates.

2. Our Data Policy and your privacy choices
We collect and use your personal data in order to provide the services described above to you.
MindSafe is a Personal Identity Media so your information remains private.

3. Your commitments to MindSafe and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

1. Who can use MindSafe
When people are honest, our community is safer and more accountable. For this reason, you must:
• Use the same name that you use in everyday life.
• Provide accurate information about yourself.
• Create only one account (your own).
• Not share your password or give access to your MindSafe account to others.
We try to make MindSafe broadly available to everyone, but you cannot use MindSafe if:
• You are a convicted sex offender.
• We've previously disabled your account for breaches of our Terms or Policies.
• You are prohibited from receiving our products, services or software under applicable laws.

2. What you can share and do on MindSafe
We want people to use MindSafe to express themselves, but not at the expense of the safety and well-being of others. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

1. You may not use our Products to do or share anything:
• That breaches these Terms, and other Terms and Policies that apply to your use of MindSafe.

2. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.

3. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.

3. The permissions you give us
We need certain permissions from you to provide our services:

1. Permission to use content that you create and share: You own the content that you create on MindSafe, and nothing in these Terms takes away the rights that you have to your own content. You are free to share your content with your Chosen Adult whenever you want. To provide our services, however, we need you to give us some legal permissions to use this content.
Specifically, add content that is covered by intellectual property rights (e.g. photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This means, for example, that if you share a photo on MindSafe, you give us permission to store, copy and share it with others (again consistent with your settings) so this would be with your Chosen Adult, on request.
You can end this licence at any time by deleting your content or account. You should know that, for technical reasons, any content that you delete may persist for a limited period of time in backup copies (though it will not be visible).

2. Permission to update software that you use or download: If you download or use our software, you give us permission to download and install upgrades, updates and additional features to improve, enhance and further develop it.

4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content you create or share on MindSafe), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks as expressly permitted or with our prior written permission. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

4. Additional provisions

1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of MindSafe, you can delete your account at any time.

2. Account suspension or termination
We want MindSafe to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it.

3. Limits on liability
We will use reasonable skill and care in providing our Products to you and in keeping a safe, secure and error-free environment, but we cannot guarantee that our Products will always function without disruptions, delays or imperfections. Provided that we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter on our Products; and events beyond our reasonable control.
The above does not exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.

4. Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the MindSafe Products ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the Republic of Ireland and that Irish law will govern these Terms and any claim, without regard to conflict of law provisions.

5. Other

1. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

2. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

3. You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised.

4. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

5. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life).

6. MindSafe is a Mental Wellbeing and Resilience support tool. It is not and is not intended to be a Health Device or intervention. As such it does not have nor is it obligated to have a risk management plan and accepts no liability on relation to risk of harm to self or others. In using MindSafe you are agreeing to this.

7. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

8. We reserve all rights not expressly granted to you.
Date of last revision: 22 April 2019

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