Terms of Use | Tendermind

Welcome to the Tendermind applications (“Tendermind Applications”) and website (the “Website”, and together with the Tendermind Applications, the “Application”).

These Terms of Use constitute a legally binding End User License Agreement (“EULA”) between You and Tendermind Ltd. and its Affiliates (collectively, the “Company”, “we”, “our” or “us”) and govern Your download, installation, access to, and use of the Application on any supported platform, including mobile devices, web browsers, and other supported environments.

Please read these Terms carefully, as they describe Your legal rights and obligations. By downloading, installing, accessing, or using the Application, You represent that You are of legal age in Your place of residence and that You have the legal capacity to enter into these Terms.

If You do not meet these conditions, You may only use the Application with the consent of Your parent or legal guardian. If You are a parent or legal guardian and You permit a minor or another person under Your legal authority to use the Application, these Terms apply to You and You are responsible for their activity in the Application.

If You do not agree to these Terms, You must not download, install, access, or use the Application.

You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted by applicable law.

Definitions
For the purposes of these Terms:

“Account” means a registered account created in the Application.
“Owner” means the individual or Organization that creates and controls an Account and is responsible for payment (if applicable). An Owner may be an individual adult, a parent or guardian, or an authorized representative of an Organization.
“Profile User” means the individual whose routines, tasks, schedules, or activities are managed through a profile within an Account. A Profile User may be a minor or an adult and may, in some cases, also act as the Owner of their own Account.
“Admin” means an Account user granted administrative permissions by the Owner.
"Creator” means an Account user authorized by the Owner or an Admin to create or edit content relating to one or more Profile Users.
“User” or “Users” means, collectively, the Owner, Profile User, Admin, and Creator.
“Organization” means a legal entity such as a school, municipality, healthcare provider, welfare agency, non-profit organization, or company that uses the Application for its staff and/or Profile Users under its responsibility.
“Affiliate” means any entity that controls, is controlled by, or is under common control with the Company.

1. Background

The Application provides a system that enables Owners, caregivers, educators, therapists, Organizations, and other authorized Users to organize daily routines, schedules, and tasks, and to support Profile Users in managing planned and unplanned activities and transitions.

The Application may include multiple applications and interfaces designed for different types of Users. We may add, modify, or remove features from time to time. We may also provide support and related services in connection with the Application.

2. Account Structure

Access to the Application is granted at the Owner Account level.
Subject to the applicable subscription plan or agreement, an Owner may create and manage one or more Profile Users within their Account.

3. License Grant and Permitted Use

3.1 Subject to Your ongoing compliance with these Terms and, where applicable, payment of all applicable fees, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, access, and use the Application solely for its intended purpose and in accordance with the functionality made available by the Company.
3.2 You may:
(a) download and install the Application on devices that You own or control and that are compatible with the Application;
(b) access and use the Application via the Website using a supported web browser;
(c) create, manage, and interact with Profiles for one or more Profile Users, in accordance with Your role as Owner, Admin, Creator, or Profile User.
3.3 If You are an individual Owner, You may use the Application for personal purposes and, where applicable, in the course of Your employment or engagement by an Organization that has authorized such use.
3.4 If You are an Organization, You may permit Your authorized Users to access and use the Application solely for Your internal operational, educational, or support purposes, subject to these Terms and any separate written agreement You may have with the Company.
3.5 All rights not expressly granted to You under these Terms are reserved by the Company.

4. Restrictions on Use

4.1 You may not, and may not permit or encourage any third party to:
(a) copy, reproduce, modify, adapt, translate, display, perform, publish, distribute, sublicense, sell, rent, lease, loan, assign, or otherwise exploit the Application or any part thereof, except as expressly permitted by these Terms;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application, except to the extent permitted by applicable law;
(c) remove, obscure, or alter any copyright, trademark, or other proprietary notices contained in or on the Application;
(d) use the Application for any unlawful, fraudulent, misleading, or deceptive purpose;
(e) use the Application to provide or purport to provide medical diagnosis, treatment, or clinical services;
(f) interfere with or disrupt the integrity or performance of the Application or the systems or networks connected to it;
(g) use any automated means, including bots, scrapers, or spiders, to access or use the Application without the Company’s prior written consent;
(h) circumvent, disable, or otherwise interfere with security-related features of the Application or features that restrict or enforce limitations on use;
(i) upload, store, or transmit any content that:
- is illegal, harmful, defamatory, obscene, or otherwise objectionable;
- infringes the intellectual property or privacy rights of any third party;
- includes personal data of individuals other than Profile Users under Your authority or responsibility, without a lawful basis or required consent.
4.2 The Company may suspend or terminate Your access to the Application if You violate these Terms, without prior notice and without liability.
4.3 Picture Communication Symbols (PCS)
Picture Communication Symbols (“PCS”) made available through the Application form part of the Application Materials and are licensed to the Company by third parties.
PCS may be used solely within the Application and only in conjunction with Your authorized use of the Application. You may not use PCS to create materials in print or electronic form outside the Application, whether for communication, instruction, or any other purpose.
You may not rent, lease, lend, sublicense, assign, distribute, host, or otherwise make PCS available to any third party or through any external service or platform.
You may not copy PCS onto any computer, device, or system except as technically required for use within the Application in accordance with these Terms.

5. Intellectual Property

5.1 The Application, including its software, code (in source and object form), design, user interfaces, graphics, logos, icons, text, images, symbols, audio, video, and all other materials forming part of the Application (excluding User-Generated Content), is owned by or licensed to the Company and is protected by applicable intellectual property laws.
5.2 These Terms do not grant You any ownership interest in the Application or its content. Your rights are limited to the license expressly granted under Section 3.
6. User-Generated Content
6.1 “User-Generated Content” means any content uploaded, created, or provided by Users within the Application, including text, images, photos, audio, or other materials.
6.2 You represent and warrant that You have all necessary rights, authority, and lawful basis to upload and use User-Generated Content in the Application.
6.3 The Company does not claim ownership of User-Generated Content. You grant the Company a limited, non-exclusive right to host, store, process, display, and use such User-Generated Content solely as necessary to operate, maintain, and provide the Application.

7. Disclaimer

The Application is provided ‘as is’ and ‘as available’. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any promises or representations that using the Application will lead to certain results or achievements, and Company disclaims any warranties, express or implied, relating to any such outcomes.

The Application is not a medical application and has not been approved or vetted by any medical authority or regulatory agency. The use of the Application by You and/or for any Profile User is at Your sole and absolute responsibility.
Company does not guarantee that the Application will be free of bugs, security breaches, or virus attacks. The Application may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Company will not be held responsible for any consequences to You or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers. We do not warrant, endorse, or guarantee any content, product, or service that is featured or advertised on the Application by a third party.
The foregoing disclaimers apply to the fullest extent permitted by applicable law.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU, TO ANY PROFILE USER OR TO ANY OTHER PERSON FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING IF ARISING FROM INJURY OR ANY OTHER HEALTH SITUATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, OR (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO COMPANY FOR USING THE APPLICATION DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. Medical Disclaimer

The information and Content in this Application is for informational purposes only. No information or Content in this Application or use of the Application is intended to be a substitute for professional medical advice, diagnosis, or treatment. The Application is not a medical application and has not been approved or vetted by any medical authority or regulatory agency. Always seek the advice of Your physician or other qualified health care provider with any questions You may have regarding a medical condition or treatment and before undertaking a new health care regimen or practice, and never disregard professional medical advice or delay in seeking it because of Your use of the Application or something You have read in this Application. If You choose to rely on any information or Content provided by the Application, You do so solely at Your own risk.

10. Terms applicable to users downloading the Application via the Apple App Store

These Terms apply only to Your use of the Application if You obtained it via the Apple, Inc. (“Apple”) App Store:

10.1. Both You and the Company acknowledge that these Terms are concluded between You and the Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
10.2. The Application is licensed to You on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, for Your private, personal use, subject to all the terms and conditions of these Terms; to use the Application on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service;
10.3. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
10.4. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, You may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to You will be to refund to You the purchase price, if any, of the Application; Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will not be Apple’s responsibility;
10.5. Company and You acknowledge that Company, not Apple, is responsible for addressing any claims of Yours or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
10.6. You acknowledge and agree that, in the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such infringement claim;
10.7. You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties;
10.8. Both You and the Company acknowledge and agree that, in Your use of the Application, You will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
10.9. Both You and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that 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 the third-party beneficiary hereof.

11. Terms applicable to users downloading the Application via Google Play

These Terms apply only to Your use of the Application if You obtained it via Google Play:

11.1. Depending on Your location, in this Section Google means Google LLC, Google Ireland Limited, Google Commerce Limited, or Google Asia Pacific Pte. Limited.
11.2. Both You and the Company acknowledge that these Terms are concluded between You and the Company only, and not with Google, and that Google is not responsible for the Application or Content;
11.3. The Application is licensed to You on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, for Your private, personal use, subject to all the terms and conditions of these Terms; to use the Application on any Android-operated device that You own or control and that allows applications to be downloaded from Google Play and as permitted by the Usage Rules set forth in Google Play;
11.4. You acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
11.5. Company and You acknowledge that Company, not Google, is responsible for addressing any claims of Yours or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; and
11.6. You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.

12. Subscriptions, Fees, Free Trial, and Payments

12.1 Subscription-Based Access
Access to certain features or functionality of the Application requires payment of subscription fees (“Fees”). Subscriptions are granted at the Owner Account level and allow the Owner to create and manage one or more Profile Users under the Account, subject to the limits of the applicable subscription plan or agreement.
Subscription plans, pricing, billing cycles, and included features are described in the Application, on the Website, or in a separate written agreement, as applicable.
12.2 Subscription Term and Auto-Renewal
Subscriptions are offered on a monthly or yearly basis and automatically renew at the end of each subscription period unless cancelled prior to renewal.
If You purchase a subscription through the Apple App Store or Google Play, renewal, cancellation, and billing are governed by the applicable app store’s terms and settings, and must be managed through Your app store account.
12.3 Free Trial
The Company may offer a free trial to new Accounts. Unless otherwise stated, the free trial period is thirty (30) days.
At the end of the free trial period, the subscription will automatically convert to a paid subscription, and the applicable Fees will be charged, unless the subscription is cancelled before the end of the free trial period.
The Company reserves the right to modify, suspend, or terminate any free trial offer at any time, to the extent permitted by applicable law.
12.4 Purchase Channels
Subscriptions may be purchased through one or more of the following channels:
(a) In-app purchases via the Apple App Store or Google Play;
(b) Direct arrangements with the Company, including manual invoicing, purchase orders, or other offline payment methods, primarily for Organizations;
(c) Other purchase methods made available by the Company from time to time.
The applicable payment terms, billing mechanics, and refund rules depend on the channel through which the subscription is purchased.
12.5 App Store Purchases
If You purchase a subscription via the Apple App Store or Google Play:
(a) Payment is processed by Apple or Google, as applicable, and not by the Company;
(b) Billing, renewal, cancellation, and refunds are governed exclusively by the policies and terms of the applicable app store;
(c) The Company does not control and cannot process refunds, credits, or billing adjustments for such purchases.
12.6 Direct Purchases and Invoicing
If You purchase a subscription directly from the Company, including via manual invoicing or other offline arrangements:
(a) Fees are payable in accordance with the invoice or payment terms agreed with the Company;
(b) Unless otherwise required by applicable law or expressly agreed in writing, Fees are non-refundable;
(c) Cancellation of a subscription will take effect at the end of the then-current subscription period, and no pro-rated refunds will be provided for unused time.
12.7 Taxes
Fees are exclusive of any applicable taxes, levies, or duties, including value added tax (VAT), sales tax, or similar charges (“Taxes”), unless expressly stated otherwise.
You are responsible for payment of all applicable Taxes, except for taxes based on the Company’s net income. Where the Company is required by law to collect Taxes, such Taxes will be added to the Fees and charged accordingly.
For subscriptions purchased through the Apple App Store or Google Play, applicable taxes are determined, collected, and remitted by the relevant app store in accordance with its policies.
12.8 Changes to Fees and Plans
The Company may change subscription plans, pricing, or Fees from time to time. Any such changes will take effect at the start of Your next subscription period.
The Company will provide notice of material changes by publishing an update in the Application or on the Website and/or by direct communication, where required by applicable law.
If You do not agree to a change in Fees, You may cancel Your subscription before the change takes effect.
For subscriptions purchased through the Apple App Store or Google Play, any price changes are subject to the applicable app store’s policies and approval mechanisms.

13. Application Availability and Changes

13.1 The Company will make reasonable efforts to keep the Application operational. However, the Application may be temporarily unavailable due to maintenance, updates, testing, or technical issues.
13.2 The Company may, at its discretion and for technical, security, legal, or regulatory reasons, modify, suspend, or discontinue any part of the Application, provided that it maintains a generally consistent level of functionality for active subscriptions, where reasonably possible.

14. Term and Termination

14.1 These Terms remain in effect until terminated by You or the Company.
14.2 You may terminate Your Account at any time by using the account deletion functionality within the Application or by contacting the Company at account@tendermind.ai (or such support address as may be updated from time to time.) Uninstalling the Application does not terminate Your Account.
14.3 The Company may suspend or terminate Your Account or access to the Application immediately if:
(a) You breach these Terms;
(b) Required by law or by an app store provider;
(c) Continued access would create legal, security, or operational risk.
14.4 Termination will take effect at the end of the then-current subscription period unless immediate termination is required under Section 14.3.
14.5 Upon termination:
(a) Your license to use the Application will immediately cease;
(b) You will lose access to Your Account and Profiles;
(c) No refunds will be provided except as required by applicable law or governed by the relevant app store’s policies.
(d) Subject to applicable law and the Privacy Policy, certain data may be retained for legal or operational purposes.

15. Terms Modifications

Company may revise these Terms at any time and notification thereof shall be provided on the Website and in accordance with Your mobile app store policies. Your continued use of the Application after the updated Terms become effective constitutes your acceptance of the revised Terms, to the extent permitted by applicable law.

16. Privacy

Our Privacy Policy is an integral part of these Terms, and it describes how we process and use Your personal data. By using the Application, You acknowledge that You have reviewed the Privacy Policy.

17. Independent Contractors

You and the Company are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between You and the Company. You must not under any circumstances make, or undertake, any warranties, representations, commitments, or obligations on behalf of the Company.

18. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You but may be assigned by the Company without restriction or notification to You.

19. Governing Law

Any claim relating to the Application or these Terms shall be governed exclusively by the laws of the State of Israel, without regard to its conflict of law provisions. The Parties hereby submit to the exclusive jurisdiction of the competent courts of Tel-Aviv Jaffa, Israel.

20. General

These Terms (including any document referred to herein) shall constitute the entire agreement between You and the Company concerning the Application. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a Party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Export Controls. You represent and warrant that You are not located in, under the control of, or a national or resident of any country subject to applicable export restrictions or sanctions, and that You are not listed on any prohibited or restricted party list under applicable laws.

21. Contacts

Company’s address is 8 Mikveh Israel Street, 1st Floor, Tel-Aviv, Israel. For any question, query, or complaint, you may contact us at info@tendermind.ai.