Welcome to MindCloud. These Terms of Service ("Terms") govern your access to and use of the MindCloud application and services (the "Service"). Please read these Terms carefully before using our Service.
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring basis, depending on the type of subscription plan you select. Subscription fees are non-refundable.
You agree not to use the Service for any illegal purposes or in violation of any applicable laws, regulations, or third-party rights. You agree not to upload, transmit, or distribute content that is unlawful, defamatory, harassing, abusive, fraudulent, or otherwise objectionable.
MindCloud reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
The Service may contain links to third-party websites or services that are not owned or controlled by MindCloud. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You retain all rights to any content you submit, post, or display on or through the Service. By submitting, posting, or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content.
In using our Service to manage your therapy practice, you may input or upload data about your clients. You represent and warrant that you have all necessary rights, licenses, and permissions to input and process such client data through our Service, and that doing so does not violate any applicable laws, including healthcare privacy laws.
MindCloud is designed to be HIPAA-compliant. By using our Service, you agree to enter into a Business Associate Agreement (BAA) with us if you are a covered entity or business associate under HIPAA regulations. You are responsible for using the Service in a manner that complies with HIPAA and other applicable healthcare privacy laws.
The Service and its original content, features, and functionality are and will remain the exclusive property of MindCloud and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MindCloud.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service, or you may contact us to request account deletion.
In no event shall MindCloud, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us.