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    Terms of Service

    Last Updated: January 7, 2025

    These Terms of Service ("Terms") govern your use of ClearMind AI's AI-powered business planning platform and services. By accessing or using our platform, you agree to be bound by these Terms.

    1. Agreement to Terms

    By accessing and using ClearMind AI ("we," "us," or "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

    Acceptance

    • You must be at least 16 years old to use our services
    • You represent that you have the legal authority to accept these Terms
    • If using on behalf of an organization, you have authority to bind that entity
    • Your continued use constitutes acceptance of any updates to these Terms

    2. Description of Service

    Platform Overview

    ClearMind AI is an AI-powered business planning platform that helps entrepreneurs and businesses create comprehensive business plans, financial projections, and strategic documents.

    Core Features

    • AI-generated business plans and strategic documents
    • Financial modeling and projection tools
    • Market research and competitive analysis
    • AI coaching and business guidance
    • Document export and collaboration features
    • Pitch deck generation and presentation tools

    Service Availability

    • Services are provided on an "as available" basis
    • We strive for 99.9% uptime but do not guarantee uninterrupted service
    • Scheduled maintenance will be communicated in advance when possible
    • We reserve the right to modify or discontinue features with notice

    3. User Accounts and Registration

    Account Creation

    • You must provide accurate and complete registration information
    • You are responsible for maintaining the confidentiality of your account
    • You must immediately notify us of any unauthorized account use
    • One person or entity may maintain only one account

    Account Security

    • Use strong, unique passwords for your account
    • Enable two-factor authentication when available
    • Do not share your login credentials with others
    • Report security vulnerabilities or breaches immediately

    Account Termination

    • You may terminate your account at any time through account settings
    • We may suspend or terminate accounts for violations of these Terms
    • Upon termination, your access to the platform will cease immediately
    • You have 30 days to export your data before permanent deletion

    4. Subscription Plans and Billing

    Plan Types

    • Momentum Plan: Unlimited business plans and full feature access, billed monthly
    • Founder Lab: All Momentum features, billed annually for the best value

    Billing and Payment

    • Subscriptions are billed monthly or annually in advance
    • Payment is processed securely through Stripe
    • Prices are subject to change with 30 days notice
    • Failed payments may result in service suspension
    • All fees are non-refundable except as required by law

    Cancellation and Refunds

    • Cancel your subscription anytime from your account settings
    • Cancellation takes effect at the end of the current billing period
    • No partial refunds for unused time within a billing period

    5. User Content and Data

    Your Content Rights

    • You retain all rights to the content you create and upload
    • Business plans, ideas, and documents remain your intellectual property
    • You grant us a limited license to process your content to provide services
    • We do not claim ownership of your business ideas or strategies

    Content Standards

    • Content must not violate any laws or third-party rights
    • No offensive, harmful, or inappropriate content
    • Respect intellectual property rights of others
    • Do not upload malware, viruses, or malicious code

    Data Processing

    • Your data may be processed by AI services (OpenAI, Anthropic, Google)
    • We implement security measures to protect your information
    • Data is used solely to improve and provide our services
    • See our Privacy Policy for detailed data handling practices

    6. Acceptable Use Policy

    Permitted Uses

    • Creating legitimate business plans and strategic documents
    • Using AI features for business planning and coaching
    • Exporting and sharing your created content
    • Collaborating with team members on business projects

    Prohibited Activities

    • Attempting to reverse engineer or copy our AI algorithms
    • Using automated tools to access or scrape our platform
    • Creating multiple accounts to circumvent usage limits
    • Reselling or redistributing our services without permission
    • Violating any applicable laws or regulations
    • Interfering with other users' access to the platform

    Enforcement

    • We monitor for violations of this policy
    • Violations may result in warnings, suspension, or termination
    • We reserve the right to remove violating content
    • Serious violations may be reported to law enforcement

    7. Intellectual Property Rights

    Our Intellectual Property

    • ClearMind AI platform, software, and technology are our property
    • Our trademarks, logos, and branding are protected
    • AI algorithms, templates, and methodologies are proprietary
    • You may not copy, modify, or create derivative works

    Whitelabeling Prohibition

    ⚠️ STRICT PROHIBITION

    Whitelabeling, rebranding, reselling, or redistributing our platform or services under your own brand is strictly prohibited.

    If we discover any whitelabeling or unauthorized use of our intellectual property, you will be held fully accountable and liable for:

    • All our lost revenue and business opportunities
    • Time, effort, and resources expended in legal action
    • All legal fees and court costs
    • Punitive damages where applicable

    We reserve the right to pursue all available legal remedies, including immediate injunctive relief and monetary damages.

    User-Generated Content

    • You retain ownership of your original business content
    • AI-generated content based on your inputs belongs to you
    • You grant us license to use content for service provision
    • We may use anonymized data for platform improvement

    Third-Party Content

    • Respect copyrights and trademarks of third parties
    • Do not upload content you don't have rights to use
    • Report any copyright infringement to us immediately
    • We comply with DMCA takedown procedures

    8. AI Services and Limitations

    AI-Generated Content

    • AI suggestions are based on your inputs and general knowledge
    • Generated content should be reviewed and customized
    • We do not guarantee accuracy of AI-generated information
    • Financial projections are estimates, not professional advice

    Professional Advice Disclaimer

    • Our platform does not provide legal, financial, or tax advice
    • Consult qualified professionals for specific guidance
    • AI suggestions are informational, not professional recommendations
    • You are responsible for verifying all generated content

    AI Model Dependencies

    • We use third-party AI services (OpenAI, Anthropic, Google)
    • Service availability depends on third-party uptime
    • AI model changes may affect output quality or style
    • We may switch between AI providers to optimize service

    9. Privacy and Data Protection

    Data Collection and Use

    • We collect data necessary to provide and improve our services
    • Personal information is handled according to our Privacy Policy
    • Business data is used solely for generating your content
    • We implement industry-standard security measures

    Data Sharing

    • We do not sell your personal or business information
    • Data may be shared with AI service providers for processing
    • Anonymized data may be used for research and improvement
    • Legal compliance may require data disclosure

    Your Data Rights

    • Access, correct, or delete your personal information
    • Export your business plans and data
    • Object to certain data processing activities
    • Contact us for data-related requests

    10. Disclaimers and Warranties

    Service Disclaimers

    • Services are provided "as is" without warranties
    • We do not guarantee uninterrupted or error-free service
    • AI-generated content accuracy is not guaranteed
    • Platform availability may vary due to maintenance or issues

    Business Success Disclaimer

    • Using our platform does not guarantee business success
    • Market conditions and execution affect business outcomes
    • Financial projections are estimates based on provided data
    • You are responsible for implementing and executing plans

    Third-Party Services

    • We are not responsible for third-party service availability
    • AI model providers may change their services independently
    • Payment processing is handled by Stripe
    • Integration failures are beyond our direct control

    11. Limitation of Liability

    Liability Limits

    • Our liability is limited to the amount you paid in the last 12 months
    • We are not liable for indirect, incidental, or consequential damages
    • Business losses, lost profits, or missed opportunities are excluded
    • Force majeure events are beyond our control and responsibility

    Exclusions

    • Data loss due to user error or account termination
    • Damages from reliance on AI-generated content
    • Losses from third-party service interruptions
    • Harm resulting from violation of these Terms

    User Responsibility

    • You are responsible for backing up important data
    • Verify all AI-generated content before use
    • Seek professional advice for critical business decisions
    • Use the platform in accordance with these Terms

    12. Indemnification

    You agree to indemnify, defend, and hold harmless ClearMind AI, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

    • Your use of the platform and services
    • Your violation of these Terms of Service
    • Your violation of any third-party rights
    • Content you submit, post, or transmit through the platform
    • Your business activities based on platform-generated content
    • Any breach of your representations and warranties

    13. Governing Law and Dispute Resolution

    Governing Law

    • These Terms are governed by the laws of Virginia, USA
    • Disputes will be resolved in Virginia state or federal courts
    • You consent to personal jurisdiction in Virginia
    • International users agree to Virginia law application

    Dispute Resolution Process

    • First, contact us directly to resolve disputes informally
    • Mediation may be required before formal legal action
    • Binding arbitration for disputes under $10,000
    • Class action lawsuits are waived except where prohibited

    Exceptions

    • Intellectual property disputes may be brought in any court
    • Injunctive relief may be sought without arbitration
    • Small claims court disputes are excluded from arbitration
    • Emergency relief may bypass normal dispute procedures

    14. Changes to These Terms

    Modification Rights

    We reserve the right to modify, update, or change these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the updated Terms.

    Modification Process

    • Updated Terms will be posted on our website with revision date
    • Material changes may be communicated via email or platform notice when practical
    • Users are responsible for reviewing Terms periodically
    • Version history maintained for reference when possible

    Types of Changes

    • New feature additions and service enhancements
    • Legal requirement compliance updates
    • Clarifications of existing terms and policies
    • Business model or pricing structure changes
    • Intellectual property protection enhancements

    Your Options

    • Continue using the service under new terms
    • Cancel your subscription if you disagree with changes
    • Contact us with questions about specific changes
    • Export your data before account termination

    15. Termination

    Termination by You

    • Cancel your subscription anytime from account settings
    • Export your data before account deletion
    • Termination takes effect at the end of the billing period
    • No refunds for unused subscription time

    Termination by Us

    • We may terminate accounts for Terms violations
    • Immediate termination for serious violations
    • 30-day notice for non-payment issues
    • Service discontinuation with reasonable notice

    Effects of Termination

    • Immediate loss of access to the platform
    • Data deletion after 30-day grace period
    • Survival of payment obligations and liabilities
    • Continued application of privacy and IP provisions

    16. General Provisions

    Entire Agreement

    • These Terms constitute the complete agreement between us
    • They supersede all prior negotiations and agreements
    • Privacy Policy is incorporated by reference
    • Additional terms may apply to specific features

    Severability and Waiver

    • Invalid provisions do not affect the rest of the Terms
    • Unenforceable clauses will be modified to be enforceable
    • Our failure to enforce rights is not a waiver
    • Waivers must be in writing to be effective

    Assignment and Transfer

    • You may not assign these Terms without our consent
    • We may assign Terms in connection with business transfers
    • Terms bind successors and permitted assigns
    • Account transfers require explicit authorization

    17. Contact Information

    If you have questions about these Terms of Service or need to contact us regarding your account, please reach out:

    Email: legal@clearmind-ai.com

    Support: support@clearmind-ai.com

    Address: ClearMind AI Legal Department

    456 Business Boulevard

    Richmond, VA 23219

    Response Times

    • General inquiries: Within 2-3 business days
    • Legal matters: Within 5-7 business days
    • Urgent issues: Within 24 hours
    • Account termination requests: Within 1 business day

    18. Acknowledgment

    By using ClearMind AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have read and understood our Privacy Policy.

    You specifically acknowledge and agree that whitelabeling or unauthorized use of our intellectual property is strictly prohibited and will result in immediate legal action.

    These Terms represent a legally binding agreement between you and ClearMind AI. If you do not agree with any part of these Terms, you must discontinue use of our platform immediately.