Welcome, and thank you for your interest in Myndi Enterprises Inc. (“Myndi,” “we”, or “us”) and our website at mynid.co, along with our related websites, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Myndi regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MYNDI’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree tothe Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND MYNDI’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MYNDI AND BY YOU TO BE BOUND BY THESE TERMS.

Myndi offers users personalized natural language understanding and generation capabilities, enabling a wide range of services, such as chatbots, virtual assistants, content generation, and interactive conversational experiences, and assistance with tasks through text-based conversations.

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you are using the service for personal, non-commercial, non-business use (c) you have not previously been suspended or removed from the Service; and (e) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you do not meet all of these requirements, you must not access or use the Service.

To access certain parts of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account login information and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us by contacting info@myndi.co

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Except as expressly provided by applicable law, all fees are non-refundable.

Myndi reserves the right to determine pricing for the Service. Myndi will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Myndi may change the price of any feature of the Service; if this occurs, Myndi will provide you advance notice of the changes before they apply. Myndi, at its sole discretion, may make promotional offers with different features and different pricing to any of Myndi’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

You authorize Myndi and its third-party payment processors to charge all sums for the level of Service you select, as described in these Terms or published by Myndi, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Myndi or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase."

The Service may include automatically recurring payments for periodic charges (“Subscription Fee”). If you activate a Subscription Service (as defined below), you authorize Myndi or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period (e.g., monthly or quarterly billing periods will be billed on the same day of the month). The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Myndi or its third-party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by emailing us at info@myndi.co, or from your account settings.

Myndi may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of the unpaid amount, including collection fees.

1. General. Users may sign up for an account for the various Myndi Service products described below via the Myndi website or mobile application, as applicable. TheseTerms apply to all products that are a part of the Service.

2. Subscription Service
• You may choose to sign up for the paid subscription version of Myndi(“Subscription Service”), which automatically renews at the end of your billing period consistent with the terms of Section 4.3.
• If Myndi offers you a free trial of the Subscription Service (“Trial Period”),you will have access to Subscription Service features during the Trial Period. If you do not elect to upgrade to the paid Subscription Service prior to the end of the Trial Period, your access will end.

1. Limited License. Subject to your complete and ongoing compliance with these Terms, Myndi grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to which you have subscribed, including the right to install and use a reasonable number of copies of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control.

2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
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(a) reproduce, distribute, publicly display, or publicly perform the Service;
(b) make modifications to the Service; or
(c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Myndi an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

The Service is owned and operated by Myndi Enterprises Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, promotional content and all other elements of the Service (“Materials”) provided by Myndi are protected by intellectual property and other laws. All Materials included in the Service are the property of Myndi or its third party licensors. Except as expressly authorized by Myndi, you may not make use of the Materials. Myndi reserves all rights to the Materials not granted expressly in these Terms.The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

1. The Service may contain links to third party websites. Linked websites are not under Myndi’s control, and Myndi is not responsible for their content.

2. Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third PartyComponents”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

1. User Content Generally. Certain features of the Service may permit users to upload
content to the Service, including photos, audio, video, images, folders, data, text,
graphics, and other types of information, material, and works (“User Content”) and to
store User Content on the Service. You retain any copyright and other proprietary rights
that you may hold in the User Content that you post to the Service.
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2. Limited License Grant to Myndi. By providing User Content to or via the Service,
you grant Myndi a worldwide, non-exclusive, irrevocable, royalty-free, fully paid
right and license (with the right to sublicense) to host, store, transfer, display, perform,
reproduce, and modify for the purpose of formatting for display.
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3. User Content Representations and Warranties. Myndi disclaims any and all liability
in connection with User Content. You are solely responsible for your User Content and
any related consequences. By providing User Content via the Service, you affirm,
represent, and warrant that:
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• you are the creator and owner of the User Content, or have the necessary
licenses, rights, consents, and permissions to authorize Myndi to use your
User Content as necessary to exercise the licenses granted by you in this
Section, in the manner contemplated by Myndi, the Service, and these
Terms;
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•  your User Content, and the use of your User Content as contemplated by these
Terms, does not and will not: (i) infringe, violate, or misappropriate any third party
right, including any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary right; (ii)
slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Myndi to violate any law or regulation; and
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•  your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

1. Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings”page.

2. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

BY USING THE SERVICE YOU AGREE NOT TO:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• Harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
• Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
• Interfere with security-related features of the Service, including by:
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(i) disabling or circumventing features that prevent or limit use or copying of any content; or
(ii) reverse engineering or otherwise attempting to discover the source code of any portion of theService except to the extent that the activity is expressly permitted by applicable law;
• Interfere with the operation of the Service or any user’s enjoyment of the Service, including by:
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(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
(ii) making any unsolicited offer or advertisement to another user of the Service;
(iii) collecting personal information about another user or third party without consent; or
(iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
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• Perform any fraudulent activity including impersonating any person or entity, claiming afalse affiliation, or accessing any other Service account without permission;
• Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
• Attempt to do any of the acts described in this Section 11 or assist or permit any personin engaging in any of the acts described in this Section 11.

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms.Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section

2. Termination. If you violate any provision of these Terms, your authorization to access theService and these Terms automatically terminate. In addition, Myndi may, at itssole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at info@myndi.co.

3. Effect of Termination. Upon termination of these Terms:
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(a) your license rights will terminate and you must immediately cease all use of the Service;
(b) you will no longer be authorized to access your account or the Service;
(c) you must pay Myndi any unpaid amount that was due prior to termination; and
(d) all payment obligations accrued prior to termination will survive.

4. Modification of the Service. Myndi reserves the right to modify or discontinue theService at any time (including by limiting or discontinuing certain features of the Service),temporarily or permanently, without notice to you. Myndi will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Myndi and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Myndi Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with:

(a) your unauthorized use of, or misuse of, the Service;
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(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
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(c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
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(d) the nature or content of data processed by the Service; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MYNDI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE,INCLUDING:

(A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND

(B)ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MYNDI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE,OR ANY MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MYNDI DOES NOT WARRANT THAT ANYOF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MYNDI ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MYNDI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FORANY DAMAGE THAT MAY RESULT FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK,AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY(INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Myndi does not disclaim any warranty or other right that Myndi is prohibited from disclaiming under applicable law.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MYNDI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE,THE SERVICE OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MYNDI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MYNDI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TOTHE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OROTHER WISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE,IS LIMITED TO THE GREATER OF:

(A) THE AMOUNT YOU HAVE PAID TO MYNDIFOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTOR CIRCUMSTANCE GIVING RISE TO CLAIM; OR

(B) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACHOF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

1. At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Delaware law.

2. No Class Actions. YOU AND MYNDI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT ASA PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Myndi agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Myndi regarding your use of theService. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of theseTerms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

2. Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Myndi submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.

3. Privacy Policy. Please read the Myndi Privacy Policy (https://www.myndi.co/privacy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Myndi Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

5. Consent to Electronic Communications. By using the Service, you consent to receivingcertain electronic communications from us as further described in our Privacy Policy.Please read our Privacy Policy to learn more about our electronic communicationspractices. You agree that any notices, agreements, disclosures, or other communicationsthat we send to you electronically will satisfy any legal communication requirements,including that those communications be in writing.

6. Contact Information. The Service is offered by Myndi Enterprises Inc., located at 221 N. Third St., #185, Burbank, CA 91502.  You may contact us at this address or by contacting customer service at info@myndi.co.7. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.8. International Use. The Service is operated from the United States. We make no representation that the Service is appropriate or available for use outside of the UnitedStates. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

This Section 19 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Myndi only, not withApple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to theService. Apple is not responsible for addressing any claims by you or any third party relating tothe Service or your possession and/or use of the Service, including:

(a) product liability claims;

(b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or

(c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights.You agree to comply with any applicable third party terms when using the Service. Apple andApple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that:

(i) you are not located in a country that is subject to a U.S.Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
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(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.