AiMYNDi · Legal

Terms and Conditions

The legal agreement between you and AiMYNDi when you use our services.

1. Introduction

1.1 Welcome:

  • Company Introduction: Welcome to AiMYNDi ("Company," "we," "us," or "our"). By accessing or using our services, which include our website, applications, tools, and any related services (collectively referred to as the "Services"), you enter into a binding legal agreement with us, consisting of these Terms and Conditions ("Terms").

1.2 Acceptance of Terms:

  • Consent: You affirm your acceptance of these Terms and agree to be legally bound by them by any act of accessing or using our Services. This includes, but is not limited to, browsing our website, registering an account, or utilizing any of our tools and applications.
  • Electronic Agreement: Your agreement to these Terms is acknowledged as given electronically, which holds the same legal weight as if signed and acknowledged in physical form.
  • Updates and Amendments: We reserve the right to update or modify these Terms at any time. Such modifications will be effective immediately upon posting the revised Terms on our website or notifying you otherwise. Continuing to use our Services after such changes will constitute your acceptance of the new Terms.
  • Read Carefully: If you do not fully agree to these Terms at any time, you must cease using our Services immediately. If you have any questions or concerns regarding these Terms, you are encouraged to contact us before continuing usage.

1.3 Legal Capacity:

  • Capacity to Contract: You represent that you have the legal capacity to enter into binding contracts, are not barred from receiving services under the laws of any applicable jurisdiction, and are over the age of majority in your location or residence.

1.4 Governing Law and Dispute Resolution:

  • Governing Law: These Terms are governed by the laws of Sweden, subject to the mandatory consumer-protection provisions that apply in your country of habitual residence if you are a consumer resident in the European Economic Area.
  • Reference to Section 11: The full provisions on governing law, dispute resolution, arbitration, and consumer rights are set out in Section 11 of these Terms. In the event of any inconsistency between this Section 1.4 and Section 11, Section 11 controls.

1.5 Entire Agreement:

  • Comprehensive Agreement: These Terms, together with any other legal notices and agreements published by AiMYNDi on the Services, shall constitute the entire agreement between you and AiMYNDi regarding the Services.

2. Eligibility

2.1 Legal Majority:

  • Age Requirement: You must be of the age of legal majority in your jurisdiction to form a binding contract with us. This ensures you have the capacity to accept and adhere to these Terms.

2.2 Legal Capacity:

  • Authority to Contract: You must possess the legal authority and capability to enter into binding agreements. If you are accessing or using the Services on behalf of a business or entity, you represent that you have the power and authority to bind such business or entity to these Terms.

2.3 Representation and Warranty:

  • Compliance with Eligibility Requirements: By using our Services, you affirm that you meet the above eligibility requirements. If at any time you do not meet these criteria, you must immediately cease using the Services.

2.4 Account Responsibilities:

  • Account Security: If you create an account to use any part of our Services, you are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.5 Legal Compliance:

  • Adherence to Laws: You agree to comply with all local, state, national, and international laws and regulations applicable to your use of the Services. Additionally, you must ensure that your use of our Services does not violate any applicable laws or regulations in your jurisdiction.

2.6 Restrictions:

  • Service Accessibility: The Services are not available to any users previously removed from the Services by AiMYNDi, nor to any persons barred from receiving them under the laws applicable to you.

3. Modifications to Terms

  • We reserve the right to update or modify these Terms at our sole discretion. Changes will become effective immediately upon posting on our website unless otherwise stated. You agree to regularly review these Terms to ensure you are aware of any modifications. Continued use of the Services after such changes constitutes your consent to the changes.

4. Description of Services

4.1 Overview:

  • Comprehensive Suite: AiMYNDi offers a comprehensive suite of digital tools and AI-driven analytics designed to assist users in evaluating and analyzing real estate properties.
  • Functionalities Included: Our services encompass a wide range of functionalities, including statistical, comparative, and predictive analytics concerning real estate markets.
  • Purpose: These tools are designed to help users interpret and visualize real estate data to support informed decision-making.
  • Outcome Disclaimer: However, AiMYNDi does not guarantee any specific outcomes from the use of its services.

4.2 Digital Representation and User Mandate:

  • You Are the Principal: By using the Services, you instruct and authorize AiMYNDi to act as your non-exclusive digital agent for the sole and limited purpose of searching, accessing, retrieving, aggregating, and analyzing publicly available real estate market data in accordance with the property criteria, search parameters, URLs, links, images, documents, and other inputs you provide (collectively, "Your Instructions"). You acknowledge that you are the principal directing each and every such search, retrieval, or analysis, and that AiMYNDi has no independent interest in, or editorial control over, the specific listings, websites, images, or data sources you ask it to process.
  • User-Directed Retrieval: AiMYNDi does not independently select, curate, rank, prioritize, endorse, or determine which third-party property content to retrieve. All such retrieval is initiated and directed by Your Instructions.
  • Your Responsibility for Sources: It is your responsibility, not AiMYNDi's, to ensure that the sources you ask AiMYNDi to access on your behalf are ones that you are lawfully entitled to access, that you are lawfully entitled to have analyzed for your personal, non-commercial use, and that you may lawfully instruct AiMYNDi to process under the laws of your jurisdiction and any terms of service that govern the source.
  • No Endorsement of Sources: The appearance in an AiMYNDi output of any listing, image, description, address, price, or reference retrieved at Your Instructions does not constitute AiMYNDi's endorsement of, agreement with, or independent verification of that content.
  • Private Use: All outputs generated by AiMYNDi at Your Instructions are produced for your private, personal use in evaluating real estate and may not be republished, resold, or redistributed without the permission of the relevant rightsholders.

4.3 No Professional Advice:

  • Disclaimer: AiMYNDi does not provide professional advice of any kind. This includes, but is not limited to, real estate, legal, tax, financial, or investment advice.
  • Consultation Recommendation: The information and insights generated by our services are intended for general informational purposes only. Users considering real estate transactions or decisions based on data obtained from our services are advised to consult with licensed professionals, including real estate agents, lawyers, tax professionals, and investment advisors.
  • User Responsibility: Users are solely responsible for consulting with such professionals to address their specific needs and circumstances.

4.4 Service Limitations:

  • Accuracy and Reliability: While AiMYNDi strives to provide reliable and up-to-date information, we do not guarantee the accuracy, completeness, or timeliness of the information presented through our services.
  • Data Basis: All data and insights are provided on an "as is" basis, and users should not rely on them as the sole basis for making decisions.
  • Verification Advice: Before taking any action, users are strongly encouraged to consult primary sources or seek independent verification from more accurate or timely data sources.

4.5 Service Evolution:

  • Continuous Development: AiMYNDi's services are subject to continuous development and innovation.
  • Changes to Services: We reserve the right to add, modify, or remove features or functionalities at our discretion. We may also suspend or terminate certain services without prior notice.

4.6 User Responsibilities:

  • Adaptation to Changes: Users are responsible for remaining informed about updates or changes to the services and for adjusting their use of the services accordingly.
  • Backup of Data: Users are encouraged to maintain their own backups of any data they input into or derive from the services.
  • Service Discontinuation: AiMYNDi is not responsible for the loss or unavailability of such data due to changes, disruptions, or discontinuations in our services.

4.7 Disclaimer of Liability:

  • Limitation of Liability: To the fullest extent permitted by law, AiMYNDi shall not be liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to the loss of profits, data, or goodwill, arising from the use or inability to use the services.
  • Damage Causes: This includes but is not limited to damages resulting from modifications, suspensions, or the discontinuation of any part of the services.

4.8 Intellectual Property:

  • Respect for Intellectual Property: The data, software, and content provided through AiMYNDi's services may be protected by intellectual property laws. Users agree not to use, reproduce, distribute, or otherwise exploit any data or content in a manner that infringes on the intellectual property rights of AiMYNDi or third parties.

4.9 Indemnification:

  • Scope of Indemnification: You agree to indemnify, defend, and hold harmless AiMYNDi, its affiliates, officers, agents, employees, and partners from any claims, damages, liabilities, costs, or expenses (including attorneys' fees) arising from your use of the services, your breach of these terms, or your violation of any third party's rights, including intellectual property or privacy rights.

4.10 Explicit Consent:

  • Consent to Terms: By using AiMYNDi's services, you explicitly agree to these terms. Your electronic consent, evidenced by your continued use of the services, carries the same legal validity as a written and signed agreement.

4.11 Interaction with Artificial Intelligence:

  • AI Disclosure: You are informed that the Services use artificial intelligence systems, including large language models and generative image models, to produce outputs such as property analyses, comparative reports, chat responses, scoring, and virtual staging images.
  • AI Output May Be Inaccurate: AI-generated outputs may contain inaccuracies, omissions, biases, or fabricated content, and may not reflect the current state of the underlying property or market. You acknowledge that you are interacting with AI systems when using the Services and that AI outputs are informational only.
  • Independent Verification: You are responsible for independently verifying any AI-generated output before relying on it for any real estate decision, financial decision, or transaction. AiMYNDi does not warrant the accuracy of any AI-generated output.
  • Not a Replacement for Professional Advice: AI outputs are not a substitute for professional advice from a licensed real estate agent, lawyer, surveyor, tax advisor, or financial advisor.

5. User Responsibilities

By using our Services, you acknowledge and agree to abide by the following responsibilities:

5.1 Provide Accurate Information

  • Accuracy and Completeness: You are required to ensure that all information you provide on our platform, whether at registration, during the use of our Services, or when updating your account details, is always accurate, complete, and up-to-date. You must promptly update any information to maintain its accuracy and completeness. Misrepresentation of any information, intentional or unintentional, may result in immediate suspension or termination of your account.

5.2 Comply with Applicable Laws

  • Legal Compliance: Your use of the Services must adhere to all applicable local, national, and international laws and regulations. This includes, but is not limited to, compliance with laws relating to privacy, electronic communications, and anti-spam legislation. It is your responsibility to be aware of and understand how these laws apply to your use of the Services and to adhere strictly to them.

5.3 Prohibited Activities

You are strictly prohibited from engaging in the following activities:

  • Service Interference: You must not interfere with, disrupt, or attempt to gain unauthorized access to the Services or any related servers or networks. Actions aimed to overload, flood, spam, or crash the network or services are strictly forbidden.
  • Intellectual Property Violation: You must not use the Services to infringe on the intellectual property rights of others. This includes unauthorized copying, distributing, or publishing any content that you do not have rights to disseminate.
  • Unauthorized Access: You must not attempt to access any part of the Services, other accounts, computer systems, or networks connected to any AiMYNDi server or to the Services, through hacking, password mining, or any other unauthorized means.
  • Fraudulent or Abusive Behavior: Engaging in any activity that is fraudulent, misleading, deceptive, abusive, harassing, or harmful is strictly forbidden. This includes exploiting vulnerabilities for personal gain, spreading malware, phishing, or any other malicious activities.

Consequences of Violation

  • Enforcement and Penalties: AiMYNDi reserves the right to take any and all necessary actions to preserve the integrity of our Services, which may include, but is not limited to, reviewing your conduct for compliance, issuing warnings, suspending or terminating your account without notice, and reporting any unlawful behavior to relevant authorities, along with disclosing any necessary information.
  • Indemnification: You agree to indemnify, defend, and hold harmless AiMYNDi and its affiliates, directors, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services or breach of these terms. This indemnification includes, but is not limited to, any third-party claims arising from your activities on the Services.
  • Legal Actions: AiMYNDi may pursue legal action against you for any breach of these terms that results in harm to AiMYNDi or its users, or if the breach necessitates legal or investigative costs.

6. User Responsibilities for Content and URLs

Our Services involve interactions with and the use of various forms of content, including without limitation data, images, text, hyperlinks, URLs, documents, and files, whether directly uploaded by you or fetched at your direction from third-party sources (collectively, "Content").

6.1 Scope of "Content"

  • What Counts as Content: "Content" includes, without limitation, any URL, web link, hyperlink, listing link, image, photograph, floor plan, video, document, PDF, text description, inspection report, lease or rental agreement, community guideline, note, message, or other material that you upload, paste, type, drag, drop, submit, share, or otherwise transmit to the Services, and any content that the Services retrieve from a third-party source at Your Instructions under Section 4.2.

6.2 Your Representations and Warranties for Each Submission

Each time you submit, paste, upload, or otherwise provide any Content (including any URL or link) to the Services, you represent, warrant, and covenant that:

  • (a) Authority to Submit: You have the legal right, authority, and all necessary permissions to submit the Content to AiMYNDi for the purposes of AiMYNDi acting as your digital agent under Section 4.2.
  • (b) No Infringing Links: Any URL or link you submit points to content that is (i) publicly accessible without bypassing any paywall, login, CAPTCHA, or access control that you are not authorized to bypass; (ii) published by or with the authorization of the rightsholder for the purpose of marketing, listing, or offering the underlying property to prospective buyers, renters, or tenants; and (iii) not obtained, disclosed, or shared in breach of any confidentiality obligation, trade-secret protection, copyright, database right, or terms of service that you have agreed to or that you know or should reasonably know to apply.
  • (c) No Infringing Files: Any image, document, or file you upload (i) is your own original work, (ii) has been licensed to you with rights sufficient to instruct AiMYNDi to process it on your behalf, or (iii) is otherwise lawful for you to submit to a tool that analyzes the content on your behalf for your private use.
  • (d) No Third-Party Personal Data Without Basis: Any Content containing personal data of a third party (for example, a seller, landlord, neighbor, or agent named in a document) has been obtained lawfully and may lawfully be processed by AiMYNDi on your behalf for the limited purpose of producing the analysis you have requested.
  • (e) No Prohibited Material: The Content does not contain material that is illegal, subject to export controls or sanctions, contains malware or security threats, or contains content restricted under applicable law.
  • (f) Accuracy: The Content you provide is, to the best of your knowledge, accurate and not intentionally misleading.

6.3 AiMYNDi's Role as Passive Tool, Not Active Curator

  • No Selection or Endorsement: AiMYNDi does not select, edit, endorse, publish, or curate the URLs, links, images, or documents you submit. AiMYNDi processes them solely as an automated tool acting on Your Instructions under Section 4.2.
  • Derivative Outputs for Your Private Use: Any copy, excerpt, preview, summary, analysis, comparison, staging image, or other derivative output generated from your submitted Content is produced at your direction, for your private use, and solely to satisfy the analytical output you requested.
  • Rights Remain with Rightsholders: Any copyright, database right, trademark, moral right, or related right in source material remains with its rightful owner. It is your responsibility, not AiMYNDi's, to ensure that your instruction to AiMYNDi to analyze that source material on your behalf is lawful.

6.4 No Verification by AiMYNDi

  • No Fact-Checking: AiMYNDi does not verify the accuracy, legality, completeness, currency, or rights-clearance of any Content you provide or direct AiMYNDi to retrieve. You agree to use such Content and any output derived from it at your own risk.
  • Prohibited Content: You must not upload, share, submit, or direct AiMYNDi to retrieve Content that is illegal, misleading, defamatory, malicious, discriminatory, or that infringes the rights of any third party. AiMYNDi reserves the right, but has no obligation, to remove any Content that breaches these guidelines or that could potentially expose AiMYNDi or its users to harm or legal liability.

6.5 Compliance with Applicable Laws

  • Legal Compliance: Your interaction with, submission of, and use of Content, and the retrieval AiMYNDi performs at Your Instructions, must adhere strictly to all applicable laws. This includes laws pertaining to data protection (including the GDPR), copyright, database rights, electronic communications, consumer protection, and export control, among others.

6.6 Indemnification for User-Submitted Content and URLs

  • Broad Indemnity: You agree to defend, indemnify, and hold harmless AiMYNDi, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, demands, proceedings, losses, damages, liabilities, fines, judgments, settlements, legal fees, and reasonable expenses arising out of or relating to: (i) any URL, link, image, document, or other Content you submit to the Services or that AiMYNDi retrieves at Your Instructions; (ii) any alleged or actual infringement of copyright, database rights, trademark, trade secret, privacy, publicity, or other rights of any third party in connection with your submission or Your Instructions; (iii) any breach of any terms of service, acceptable use policy, or access restriction of a third-party website or service in connection with your submission or Your Instructions; and (iv) AiMYNDi's processing of the foregoing on your behalf.
  • Consumer Rights: This indemnity applies only to the extent permitted by mandatory consumer-protection law in your country of habitual residence.

6.7 Notice and Takedown (Reporting Infringements)

  • How to Submit a Notice: If you believe that any Content processed by the Services infringes your intellectual property rights or other legal rights, or that any URL or link submitted by a user violates such rights, you may submit a notice to [email protected] (or the current address listed on our website) containing: (i) identification of the allegedly infringed work or right; (ii) identification of the specific Content and, if applicable, its location within the Services or the submitting user's account to the extent we can reasonably associate the Content; (iii) your name and contact information; (iv) a statement that you have a good-faith belief that the use is not authorized; and (v) a statement that the information in the notice is accurate and that you are the rightsholder or are authorized to act on the rightsholder's behalf.
  • AiMYNDi's Response: AiMYNDi will review and respond to valid notices in accordance with applicable law, including Regulation (EU) 2022/2065 (the Digital Services Act) where applicable. Responses may include removing or disabling access to the allegedly infringing Content, notifying the submitting user, and requesting additional information from either party.
  • Counter-Notice: If your Content has been removed and you believe it was removed in error, you may submit a counter-notice to the same address setting out the basis for your belief. AiMYNDi will consider the counter-notice in accordance with applicable law.

7. Intellectual Property Rights

7.1 Ownership of Content:

  • Content Ownership: All content available through our Services, including but not limited to text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations, and software, is the property of AiMYNDi, its content suppliers, or other respective owners and is protected by international intellectual property laws.

7.2 Grant of License:

  • Scope: We grant you a non-exclusive, non-transferable, revocable, and limited license to access and use our Services strictly for your personal, non-commercial purposes. This license does not include any resale or commercial use of any AiMYNDi service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AiMYNDi service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
  • Restrictions: All rights not expressly granted to you in these Terms of Use are reserved and retained by AiMYNDi or its licensors, suppliers, publishers, rights holders, or other content providers.

7.3 Prohibited Uses:

  • Modifications: You must not modify the copies of any materials from this site nor use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
  • Commercial Use: You are prohibited from using any part of the Services, or any services or materials available through the Services, for commercial purposes without obtaining a license to do so from us or our licensors.

7.4 Intellectual Property Infringement:

  • Infringement Claims: If you believe that your intellectual property rights have been infringed upon by our Services, please notify us by providing a detailed description of the alleged infringement for further investigation.
  • Procedure for Handling Claims: AiMYNDi will respond to clear notices of alleged copyright infringement that comply with applicable intellectual property law. Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity.
  • Counter-Notice and Disputes: If you believe your content has been wrongfully removed due to an error or misidentification, you may submit a counter-notice. We will provide a copy of the counter-notice to the original complaining party. If the complainant does not notify us that they have filed an action seeking a court order against you regarding the content you provided, we may replace or cease disabling access to the content that was removed.
  • Third-Party Content: You should respect the intellectual property of others when using the content and services provided by AiMYNDi. Ensure that any content you upload, share, or otherwise disseminate does not infringe upon any third party's intellectual property rights.

8. Disclaimers

8.1 No Warranty

  • As-Is Basis: Our Services are provided on an "as-is" and "as-available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee of Uninterrupted Service: We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Services.

8.2 No Professional Advice

  • Informational Purposes Only: The insights, data, and any information provided through our Services are for informational purposes only and should not be considered professional advice. Such information is not a substitute for advice from a qualified professional who is aware of the circumstances of your situation.
  • User Due Diligence: Before making any decision or taking any action that might affect your personal or business matters, you should consult a qualified professional advisor. Your reliance on any information provided by our Services is solely at your own risk.

8.3 Limitation of Liability

  • Scope of Liability: To the fullest extent permitted by law, AiMYNDi shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if AiMYNDi has been advised of the possibility of such damages).
  • Exclusion of Liability: This limitation of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
  • Cap on Liability: In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, AiMYNDi's liability is limited to the greatest extent permitted by law.

8.4 Legal Jurisdictions

  • Varied Legal Implications: The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitations of liability between you and AiMYNDi or between you and any of AiMYNDi's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or conditions or the limitation of liability for consequential or incidental damages, so the limitations above may not apply to you depending on the law of your jurisdiction.

8.5 Indemnification

  • User Responsibility: You agree to indemnify, defend, and hold harmless AiMYNDi, its affiliates, officers, agents, employees, and partners from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any law or the rights of a third party.

9. Subscriptions and Cancellations

9.1 Subscription Terms

  • Enrollment in Subscription Services: By subscribing to our services, you agree to pay any subscription fees indicated for that service. Payments are billed in advance on a recurring basis, such as monthly or annually, as per the terms specified at the time of purchase.
  • Automatic Renewal: Your subscription will automatically renew at the end of the current billing cycle. You will be charged the applicable subscription fee using the payment method you have on file with us unless you cancel the subscription prior to the billing date.

9.2 Refund Policy

  • Non-Refundable Services: All subscription payments are non-refundable except as expressly provided in these terms or when required by law.
  • Prorated Refunds: In jurisdictions that require refunds, refunds may be prorated based on the remaining period of the current subscription term.
  • Exceptions: Specific exceptions to this policy may include situations such as double billing or other extenuating circumstances. Such refunds are granted at the sole discretion of AiMYNDi.

9.3 Cancellation by User

  • Cancellation Process: You may cancel your subscription at any time via the account management page, or by contacting our customer support directly if no such functionality exists. Cancellations will take effect at the end of the current billing cycle, preventing any further billing but allowing you to retain access until then.
  • Responsibility for Cancellation: It is your responsibility to ensure that you complete the cancellation procedure. You must receive a confirmation email or notification from AiMYNDi to ensure your cancellation has been processed. Without such confirmation, you may continue to be billed.

9.4 Modifications by Provider

  • Service Modifications: AiMYNDi reserves the right to modify or discontinue, temporarily or permanently, the services or any part of them with or without notice. We will make reasonable efforts to notify users of significant changes that could affect their subscriptions.
  • Adjustments to Charges: In the case of AiMYNDi significantly altering the content or delivery of a subscription service, you may have the right to a prorated refund or adjustment of the subscription fees.

9.5 Legal Effects of Cancellation

  • Data Retention: Following the cancellation of your subscription, AiMYNDi may retain your data in accordance with our data retention policy and applicable law. Details of data retention can be found in our Privacy Policy.
  • Continued Obligations: Certain obligations under these terms, such as the indemnity provisions and limitations on liability, will survive cancellation of your subscription and continue in effect.

9.6 Credits

  • Nature of Credits: Certain features of the Services are accessed via consumable credits, which may include, without limitation, Analysis credits, Home Stage credits, and Chat credits. Credits are a limited, personal, non-transferable license to use the corresponding Service.
  • Non-Transferable, No Cash Value: Credits are non-transferable, cannot be exchanged between categories except as expressly offered in-product, hold no cash value outside the Services, and are non-refundable except where required by mandatory consumer-protection law.
  • Expiry and Caps: AiMYNDi may set expiry periods, per-period allowances, refresh cycles, or usage caps for credits, and may update such rules on reasonable notice.
  • Subscription Credits: Credits granted as part of a subscription plan generally expire at the end of the applicable billing period unless otherwise stated at the time of purchase.
  • Changes to Consumption: AiMYNDi may adjust the number of credits consumed by a given feature as the Services evolve, on reasonable prior notice.

9.7 Right of Withdrawal (EEA Consumers)

  • Statutory Right: If you are a consumer resident in the European Economic Area, you may have a statutory right to withdraw from a subscription or credit purchase within fourteen (14) days of purchase under Directive 2011/83/EU (the Consumer Rights Directive).
  • Waiver by Immediate Performance: Where permitted by law, you expressly consent to AiMYNDi beginning the supply of digital content and services immediately upon purchase, and you acknowledge that your statutory right of withdrawal is lost once performance has begun. This consent is given when you activate, consume, or otherwise begin using any Service, subscription feature, or credit purchased.
  • Exercising the Right: To the extent your right of withdrawal applies, you may exercise it by contacting [email protected] within the 14-day period with your order details.

10. User Content

10.1 Grant of License

  • Scope of License: By posting content to our Services, you grant AiMYNDi a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. This license is for the sole purpose of enabling us to operate the Services, promote AiMYNDi, and improve our offerings.

10.2 Rights Affirmed

  • Ownership and Authority: You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and share the content you submit, and you have the legal authority to grant the license as outlined above.
  • Content Responsibility: You are solely responsible for the content you contribute to the Services. You assume all risks associated with your content, including anyone's reliance on its accuracy, completeness, or usefulness, or any disclosure by you of information in your content that makes you personally identifiable.

10.3 Content Restrictions

  • Prohibited Content: You agree not to post, store, transmit, create, or share any content that:
    • Violates or infringes anyone's intellectual property or other rights;
    • Contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam";
    • Is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
    • Contains or depicts nudity, sexual activity, or violence, or is otherwise inappropriate as determined by AiMYNDi at our discretion.

10.4 Rights to Remove or Modify Content

  • Moderation: AiMYNDi reserves the right, but not the obligation, to monitor and edit or remove any activity or content. AiMYNDi takes no responsibility and assumes no liability for any content posted by you or any third party.

10.5 Consequences of Violating Content Policies

  • Enforcement Actions: If your content violates these Terms or any applicable laws, AiMYNDi may terminate your access to the Services, remove your content, and/or take legal action against you.

10.6 Indemnification

  • Liability for Content: You agree to indemnify, defend, and hold harmless AiMYNDi and its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the content you post, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.

11. Governing Law and Dispute Resolution

11.1 Governing Law

  • Jurisdiction: These Terms and any action related thereto will be governed by the laws of Sweden without regard to its conflict of laws principles. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in Sweden, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

11.2 Dispute Resolution

  • Initial Dispute Resolution: We encourage you to contact us directly if issues arise in your use of our Services. We will endeavor to resolve any disputes through informal negotiation within sixty (60) days from the date the notice of dispute is sent. All claims must be brought within one year of the incident to which they relate or your claim is permanently barred.
  • Alternative Dispute Resolution: Before filing any formal legal proceedings, both parties agree to attempt to resolve any disputes through an agreed-upon mediation entity in Sweden. If the dispute cannot be resolved through mediation, parties have the right to pursue final and binding arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules.

11.3 Mandatory Arbitration

  • Agreement to Arbitrate: You and AiMYNDi agree that any disputes or claims that have not been resolved through informal dispute resolution or mediation as set forth above shall be resolved by binding arbitration on an individual basis, except that you are not required to arbitrate any dispute in which you or we seek equitable and other relief for the alleged unlawful use of copyrights, trademarks, or other intellectual property rights.
  • Arbitration Procedures: The arbitration will be conducted in Stockholm, Sweden, unless you and AiMYNDi agree otherwise. The arbitration will be conducted in English, and the arbitral decision may be enforced in any court.

11.4 Class Action Waiver

  • Waiver of Class Actions: You and AiMYNDi agree that any arbitration will be conducted in our individual capacities only and not as a class action or other representative action, and you and AiMYNDi expressly waive our right to file a class action or seek relief on a class basis.

11.5 Opt-Out of Agreement to Arbitrate

  • Opt-Out Procedure: If you are a new user, you can choose to reject the agreement to arbitrate ("opt-out") by emailing [email protected] within 30 days of your first use of our Services with the subject line "Arbitration Opt-Out" and stating your first and last name and the email address used to log in to the account. Your use of the Services is not conditioned on your acceptance of arbitration, and opting out will not affect any other term of these Terms or your continued use of the Services.

11.6 Severability

  • Severability of Provisions: If any part of this agreement to arbitrate is ruled to be unenforceable or invalid, then the balance of this arbitration agreement will remain in effect and will be construed in accordance with its terms as if the unenforceable provision was not contained herein.

11.7 Consumer Rights (Mandatory Law)

  • Preservation of Consumer Rights: Nothing in this Section 11 limits or excludes any right, remedy, or protection that cannot be limited or excluded under the laws of Sweden or the country of your habitual residence as a consumer.
  • EEA Consumers: If you are a consumer resident in the European Economic Area, the mandatory arbitration provisions of Sections 11.3 and the class-action waiver in Section 11.4 apply only to the extent permitted by applicable consumer-protection law. You retain the right to bring proceedings before the competent courts of your country of habitual residence and to rely on the mandatory consumer-protection rules of that country.
  • Online Dispute Resolution: If you are a consumer resident in the European Union, you may also refer consumer disputes to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/. AiMYNDi's contact email for dispute-resolution purposes is [email protected].
  • Collective Redress: Nothing in these Terms limits any collective redress right available to consumers under Directive (EU) 2020/1828 as transposed in your country of habitual residence.

12. Termination

12.1 Grounds for Termination

  • Violations of Terms: AiMYNDi reserves the right to terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach any of the terms and conditions of these Terms or engage in conduct that we deem harmful to our Services, other users, or the operation of our Services.
  • Other Reasons: Termination or suspension may also occur for other reasons, including but not limited to:
    • Legal or regulatory reasons,
    • Security issues,
    • Non-payment of fees (if applicable).

12.2 Process for Termination

  • Notice: While AiMYNDi may terminate the services without prior notice in case of a breach, we will endeavor to provide you with prior notice when reasonably possible.
  • Opportunity to Cure: In cases where feasible, you may be given a reasonable opportunity to remedy any breach, particularly in situations where the breach may have been unintentional or otherwise rectifiable.

12.3 Effects of Termination

  • Access Revocation: Upon termination, your right to use the Services will cease immediately. AiMYNDi may also deactivate or delete your account and all related information and files in your account without obligation to store such files or make them available to you.
  • Survival of Terms: Termination of your account does not affect the survivability of those terms which by their nature are intended to survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.4 User Rights Post-Termination

  • Data Retrieval: Following termination, you may be permitted to retrieve your data, if applicable, within a certain time frame unless prohibited by law or court order. Details about how to retrieve such data and the applicable time frame will be communicated at the time of termination.
  • Appeal Process: If you believe your account was terminated in error, you may contact us to appeal the decision. AiMYNDi will review the appeal and respond within a reasonable timeframe.

12.5 Right to Discontinue Services

  • Discontinuation: AiMYNDi reserves the right to discontinue all or part of the Services at any time. In such cases, unless an immediate discontinuation is necessary for legal, security, or operational reasons, AiMYNDi will provide advance notice to affected users.

13. General Provisions

13.1 Severability

  • Preservation of Intent: If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

13.2 Entire Agreement

  • Superseding Effect: These Terms constitute the entire agreement and understanding between you and AiMYNDi regarding the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and AiMYNDi.
  • Exclusions: Unless specifically stated herein, these Terms control the relationship between AiMYNDi and you. They do not create any third-party beneficiary rights.

13.3 No Waiver

  • Explicit Waiver Required: The failure of AiMYNDi to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any default is not a waiver of any subsequent default.
  • Written Waiver: Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of AiMYNDi.

13.4 Amendment

  • Modification Procedures: AiMYNDi reserves the right to modify or change these Terms at any time. We will provide prior notice of significant changes and, if necessary, seek your consent where required by law. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
  • Binding Effect: Modifications to the Terms, including any policies or agreements incorporated by reference herein, shall be binding upon you unless made in writing and signed by our authorized representative.

13.5 Governing Language

  • Precedence of English Version: If these Terms are translated into another language and there is a discrepancy between the English version and the translated version, the English version shall prevail to the extent that such discrepancy is the result of an error in translation.

13.6 Force Majeure

  • Non-Liability for Non-Performance: AiMYNDi shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AiMYNDi's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

14. Contact Information and Company Particulars

14.1 General Contact

If you have questions about these Terms, please contact us at [email protected].

14.2 Legal and Rights Notices

For legal notices, intellectual property complaints, data protection requests, arbitration opt-outs, right-of-withdrawal requests, and other formal matters under these Terms, please contact [email protected].

14.3 Company Particulars

AiMYNDi AB
Swedish organisation number (organisationsnummer): 559502-0461
Registered with the Swedish Companies Registration Office (Bolagsverket).

14.4 Point of Contact (Digital Services Act)

Where the Digital Services Act (Regulation (EU) 2022/2065) applies, AiMYNDi's single point of contact for users, authorities, and the European Commission in relation to that regulation is [email protected].