Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the services provided by Mindky SAS (“Mindky”, “we”, “our”, “us”). By creating an account, accessing, or using our platform, website, mobile app, APIs, or integrations (collectively the “Services”), you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you are authorized to accept these Terms on behalf of that organization.

1. Registration and Access

• You must be at least 18 years old to use the Services.
• You are responsible for providing accurate and complete registration information and keeping it updated.
• You must safeguard your login credentials and are responsible for all activities under your account.
• If you suspect unauthorized use, you must notify us immediately.

2. License to Use the Services

• Subject to these Terms, Mindky grants you a limited, non-exclusive, non-transferable, revocable license to use the Services during your subscription.
• All rights, title, and interest in the Services (including algorithms, models, software, and infrastructure) remain with Mindky and its licensors.
• You may not reverse engineer, decompile, or attempt to extract source code or underlying models, except as permitted by law.

3. Input and Output

Input: Data, documents, files, text, or other content that you upload or provide to the Services.

Output: The responses, insights, or results generated by the Services based on your Input.

Ownership

• You retain all rights to your Input.
• Subject to these Terms, you may use the Output for any purpose, including commercial use.
• Mindky does not claim ownership of your Input or Output.

Use of Input by Mindky

• You grant Mindky a limited license to process your Input solely to provide the Services (including indexing, embeddings, and retrieval).
• Mindky may collect and analyze anonymized and aggregated usage data to improve performance, but this will never identify you or your confidential content.
• Mindky does not use your Input or Output to train external AI models (e.g. OpenAI, Mistral).

Disclaimer on Output

• Given the nature of AI, Output may not be unique, accurate, or error-free.
• You are responsible for reviewing and verifying the accuracy of Output before relying on it.
• Mindky is not liable for decisions or outcomes based on Output.

4. Acceptable Use Restrictions

You agree not to:

• Use the Services in violation of any law or regulation.
• Upload malicious code, viruses, or harmful content.
• Infringe, misappropriate, or violate the rights of others.
• Represent AI-generated Output as human-authored when it is not.
• Use the Services for:
  • Fraudulent, illegal, or abusive purposes,
  • Automated decision-making with legal or financial impact without human oversight,
  • Generating or distributing harmful, discriminatory, or inappropriate content.

Mindky reserves the right to suspend or terminate accounts for violations of these restrictions.

5. Confidentiality and Security

• Each party must protect confidential information disclosed by the other party.
• Mindky implements industry-standard security measures (encryption, access control, monitoring) to safeguard your data.
• If you become aware of a security breach, you must inform Mindky immediately.

6. Fees and Payment

• Access to paid features of the Services requires payment of applicable fees as per your subscription plan.
• Payments are non-refundable except as required by law or expressly stated by Mindky.
• Mindky may suspend or terminate access if payments are overdue.

7. Termination and Suspension

• These Terms apply from the moment you create an account or use the Services.
• You may terminate your account at any time by contacting us.
• Mindky may suspend or terminate your access if you breach these Terms, fail to pay fees, or misuse the Services.
• Upon termination, your license to use the Services ends, and Mindky may delete your data subject to applicable law and our Privacy Policy.

8. Disclaimers and Limitation of Liability

• The Services are provided “as is” without warranties of accuracy, reliability, or fitness for a particular purpose.
• Mindky does not guarantee uninterrupted availability or error-free operation.
• To the maximum extent permitted by law, Mindky's liability is limited to direct damages up to the amount you paid for the Services in the last 12 months.
• Mindky is not liable for indirect, incidental, or consequential damages, including lost profits or data.

9. Governing Law and Jurisdiction

• These Terms are governed by the laws of France.
• Any dispute shall be submitted to the exclusive jurisdiction of the courts of Paris, France.

10. Changes to These Terms

Mindky may update these Terms from time to time. The “Last updated” date indicates the latest version. If we make material changes, we will notify you by email or through the Services. By continuing to use the Services after changes take effect, you agree to the revised Terms.

11. Contact

• Mindky SAS
• Email: contact@mindky.com
• Address: 10 Rue Du Mont Ste Croix, 57600 Forbach, France