Terms of Service

1. Acceptance of Terms

By accessing and using the MindTape mobile application (the "App") and associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. The Service is operated by Danylo Dovhodko, an autónomo (self-employed individual) registered in Spain (full provider details in Section 15) — referred to below as "we," "us," or "our." We reserve the right to modify these Terms at any time. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

2. Description of Service

MindTape is an iOS mobile application that allows users to record daily voice journal entries. The Service includes the following features:

• Voice recording and storage of diary entries
• Automatic transcription of voice recordings using OpenAI's Whisper API
• Text editing and management of transcribed entries
• AI-generated daily insights based on your entries
• Weekly deep dive analyses that surface patterns and themes
• Monthly overviews that show how you're evolving
• Smart reminder notifications
• Calendar view of your journal
• Encryption of all your content

MindTape is a personal journaling tool designed for self-reflection and insight. It is not a medical, psychological, or therapeutic service.

3. Account Registration & Security

3.1 Account Creation

You may create a MindTape account using Apple Sign In. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate, current, and complete information during registration and keep such information updated.

3.2 Account Responsibility

You are solely responsible for:

• Keeping your Apple credentials secure
• Promptly notifying us of any unauthorized access to your account
• All activities that occur under your account, whether authorized or unauthorized

3.3 Security

We implement industry-standard security measures to protect your account and content, including per-user envelope encryption. However, no security system is impenetrable. You acknowledge that your use of the Service is at your own risk.

4. Subscriptions & Payments

4.1 Subscription Plans

MindTape offers two auto-renewing subscription plans, both delivered through Apple's In-App Purchase system as part of the "Mindtape Pro" subscription group. Subscribing unlocks the full feature set: voice entries up to 15 minutes, daily AI insights, weekly patterns, monthly narratives.

• Pro Monthly — USD $19.99 per month. Renews monthly. No introductory offer.
• Pro 6-Month — USD $99.99 per six months, including a 7-day free trial for new subscribers. Renews every six months.

Local prices may differ based on Apple's regional pricing tiers and applicable taxes (e.g., IVA in Spain, VAT in other EU countries). Apple displays the exact local price before purchase.

4.2 Free Trial Eligibility

The 7-day free trial on Pro 6-Month is available only to new subscribers. Per Apple's "one introductory offer per subscription group" rule, a user who has previously used a free trial for either plan within the "Mindtape Pro" group is not eligible for an additional trial.

If you do not cancel before the trial ends, you will be charged the full Pro 6-Month price (USD $99.99) at the start of the first billing period.

4.3 In-App Purchase & Billing

Subscriptions are purchased through Apple In-App Purchase (IAP). Billing, subscription management, and payment processing are handled entirely by Apple. By starting a subscription, you authorize Apple to charge your selected payment method according to the plan you chose.

4.4 Auto-Renewal

Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Apple charges your payment method approximately 24 hours before the new period begins.

4.5 Cancellation

You may cancel your subscription at any time:

• iOS: Settings > [Your Name] > Subscriptions > Mindtape > Cancel Subscription
• App Store app: Account > Subscriptions > Mindtape > Cancel Subscription

Cancellation takes effect at the end of your current billing period. You retain Pro access until that date. We do not issue partial refunds for the current period.

4.6 Refunds

All refund requests are handled by Apple, not MindTape. To request a refund, visit reportaproblem.apple.com or contact Apple Support directly through your App Store account.

4.7 Price or Plan Changes

If we change the price of a plan, Apple will notify you and require your explicit consent before charging the new price. If you do not consent, your subscription continues at the existing price until the end of the current period and then ends.

5. User Content & Ownership

5.1 Your Content

You retain all ownership rights to the voice recordings, transcriptions, and written content you create and store in MindTape (collectively, "User Content"). We do not claim ownership of your User Content.

5.2 License to Process

By using the Service, you grant us a limited license to:

• Process your voice recordings for transcription
• Send transcriptions and summaries to third-party AI services (primarily OpenAI) for generating insights and summaries
• Store and encrypt your User Content on our servers
• Display your User Content within the App for your personal use

We will not use your User Content for any purpose other than providing the Service.

5.3 Data Deletion

You may request deletion of your entire account and all associated User Content at any time by contacting [email protected]. Upon deletion request, we will remove your data from our servers within 30 days, except where retention is required by law.

6. AI-Generated Content & Disclaimer

6.1 AI Content Generation

MindTape uses OpenAI's language models (GPT) to generate AI insights based on your journal entries. These insights are generated automatically and may contain errors, biases, or inaccuracies.

6.2 No Guarantee of Accuracy

We do not guarantee the accuracy, relevance, or completeness of AI-generated content. You acknowledge that you are solely responsible for evaluating the usefulness of any AI-generated insights in your own life and decision-making.

6.3 Your Responsibility

You are responsible for using AI-generated insights responsibly and in the context of your own judgment. If insights conflict with your personal values, professional advice, or safety, you should prioritize those considerations.

7. Third-Party Services

7.1 OpenAI Services

MindTape uses OpenAI's APIs for transcription (Whisper) and AI insight generation (GPT models). By using MindTape, you acknowledge that:

• Your voice recordings and transcripts are sent to OpenAI's servers (located in the United States) for processing
• OpenAI does not use API data to train or improve its models — this is OpenAI's default policy for all API customers since March 1, 2023, and applies to MindTape
• OpenAI retains API data for a maximum of 30 days solely for abuse monitoring and service safety, after which it is automatically and permanently deleted
• OpenAI's own Terms of Use and Privacy Policy apply to their processing of your data

For a complete description of what data is sent to OpenAI, how it is protected, and your rights, see Section 4 of our Privacy Policy.

7.2 Apple Services

MindTape runs on iOS and uses Apple services including Sign In with Apple and In-App Purchase. Apple's terms of service and privacy policies apply to their services.

7.3 No Endorsement

We are not responsible for the actions, content, or policies of third-party services. Use of third-party services is at your own risk and subject to their respective terms and privacy policies.

8. Acceptable Use

You agree not to use the Service to:

• Upload, record, or store illegal content or content that violates any applicable law
• Harass, threaten, defame, or abuse any person or entity
• Create content designed to incite violence or harm
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or any component thereof
• Attempt to gain unauthorized access to the Service, its systems, or other users' accounts
• Abuse the AI insight generation feature by submitting repetitive, malicious, or nonsensical content intended to disrupt the service
• Use the Service for any commercial purpose not explicitly authorized by us
• Violate these Terms or any applicable law

9. Intellectual Property

9.1 Company IP

MindTape, the MindTape logo, and all other trademarks, service marks, logos, and branding elements are the property of Danylo Dovhodko (operating as autónomo in Spain). The design, layout, functionality, and code of the App are owned by us and protected by copyright and other intellectual property laws. You may not use any of our intellectual property without prior written permission.

9.2 User Content IP

You retain all intellectual property rights to the User Content you create. You grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely for the purpose of providing the Service.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DANYLO DOVHODKO (OPERATING AS AUTÓNOMO IN SPAIN) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claim arising from or relating to the Service shall not exceed the amount you paid (if any) to use the Service in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be error-free, uninterrupted, or secure
• Any warranty regarding the accuracy, reliability, or completeness of AI-generated content
• Any warranty that your use of the Service will meet your expectations or requirements

We do not guarantee that the Service will be available at all times or that any content will be preserved without loss.

12. Termination

12.1 Termination by You

You may terminate your account and cease using the Service at any time by deleting the App and requesting account deletion at [email protected].

12.2 Termination by Us

We may terminate your account and access to the Service if:

• You violate these Terms or any applicable law
• You engage in abusive or illegal behavior
• We cease operating the Service
• As otherwise required by law

12.3 Effect of Termination

Upon termination, your right to use the Service will cease. You may request data deletion after termination. Data not requested for deletion will be retained according to our data retention policies and applicable law.

13. Governing Law & Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the Kingdom of Spain, without regard to its conflict of law provisions. By using the Service, you consent to the exclusive jurisdiction of the courts of Alicante, Spain, subject to any mandatory consumer-protection rights you may have under the law of your country of residence within the European Union.

13.2 Alternative Dispute Resolution

If you have a complaint or dispute regarding the Service, you may submit it through the European Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. We will cooperate with the ODR process for consumer disputes.

13.3 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at [email protected] to informally resolve any dispute.

14. Changes to Terms

We may modify these Terms at any time. Changes will be posted on this page, and the "Last updated" date will be revised. Your continued use of the Service after changes have been posted constitutes your acceptance of the modified Terms. If you do not agree with any modifications, you may discontinue use of the Service.

15. Legal Information & Contact

This section contains the provider identification required by Article 10 of Spanish Law 34/2002 (LSSI-CE) and serves as our primary contact information for all legal, support, and privacy inquiries.

15.1 Service Provider

Name: Danylo Dovhodko
Status: Autónomo (self-employed individual) under the laws of the Kingdom of Spain
Tax Residence: Calle del Maestro Alonso 6, 03012 Alicante, Spain
Tax Identification Number (NIF): Z4343709A
Activity: Information society service — subscription-based mobile application (voice journaling)

15.2 Contact

• General inquiries: [email protected]
• Support: [email protected]
• Legal & compliance: [email protected]
• Privacy & data protection: [email protected]

15.3 EU Consumer Dispute Resolution

EU consumers have the right to use the European Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Spanish residents may also file privacy-related complaints with the Agencia Española de Protección de Datos (AEPD) at https://www.aepd.es.