Last Updated: 26/08/2025
Welcome to MindCircle(“the App,” “we,” “us,” or “our”). By downloading, installing or using the MindCircle mobile application and related services (the “App”), you agree to these Terms. If you do not agree, do not use the App. These Terms operate in addition to your platform provider’s terms (e.g., Apple App Store or Google Play).
YOU AGREE THAT THE PRODUCTS AND SERVICES ARE NOT INTENDED TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE LOCATED IN AUSTRALIA AND YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL 13 11 14 OR TEXT 0477 13 11 14, THE LIFELINE. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CONTACT 000 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THESE PRODUCTS AND SERVICES. IF YOU ARE LOCATED OUTSIDE OF THE AUTRALIA, PLEASE CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST EMERGENCY ROOM.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE (SECTION 14). EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND MINDCIRCLE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Acceptance of Terms
1.1. Binding Agreement
These Terms constitute a binding legal agreement between you and MindCircle Pty Ltd, governing your access to and use of the App and any related content, products, or services.
1.2. Modifications
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the updated Terms on the App or through other reasonable means. Your continued use of the App after such modifications indicates your acceptance of the new Terms.
2. Eligibility
2.1. Age Requirement
You must be 18 years of age to use the app if you are in Australia. If you are overseas at least the age of legal majority in your jurisdiction to use the App. If you are younger than the age of legal majority, you may not use the App. By using the App, you represent that you meet this requirement. We may require proof of age at our discretion and may terminate access if we suspect non-compliance.
2.2. Authority
By agreeing to these Terms, you represent and warrant that you have the legal capacity to form a binding contract with us.
3. Health Disclaimer
3.1. Not Medical Advice
Content is for general wellbeing only and is not medical, psychiatric, psychological or other professional advice and does not diagnose, treat or cure any condition.
3.2. Consult a Professional
If you have (or suspect) a medical or mental-health condition, consult a qualified professional before using the App. Stop and seek help if you experience adverse symptoms.
3.3. Safety
Do not use the App while driving, operating machinery or in situations requiring full attention. The App is not suitable for emergencies. Contact local emergency services if you need immediate assistance.
4. Account Registration
4.1. Account Creation
Some features require creating an account by providing personal information, such as your name, email address, and setting a password. You agree to provide accurate, current, and complete information. Your personal information is handled in accordance with our Privacy Policy, available at [www.mindcircle.io/privacy-policy]. By creating an account, you consent to our collection and use of your data as described therein.
4.2. Security of Account
You are responsible for safeguarding your account credentials and for any activities or actions under your account. Notify us immediately of any unauthorized use of your account. You may request deletion of your account and data by contacting us, subject to legal requirements.
5. Subscription and Billing
5.1. Free Trial
All features of the App are available free of charge for 7 days. After the 7-day free trial, continued access requires a paid subscription (“Subscription”), which will auto-renew unless canceled.
5.2. Payment Processing
All payments for subscriptions or in-app purchases are processed by the respective app store (Apple App Store or Google Play Store). By making a purchase, you agree to the terms and conditions of the applicable store. Prices are displayed in the App and include applicable taxes (e.g., GST in Australia); changes will be notified in advance.
5.3. Subscription Renewal
Subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled at least 24 hours before renewal in your store account settings.
5.4. Refunds
Refunds will be subject to the policies of the applicable app store. We do not process refunds directly but may offer goodwill refunds in exceptional cases at our discretion.
6. Australian Consumer Law (ACL) notice
Nothing in these Terms excludes, restricts or modifies any consumer guarantees or other non-excludable rights under the ACL. If a statutory guarantee applies, you are entitled to a remedy (e.g., repair, re-supply or refund) as required by law.
7. Social Impact Programs
7.1. Milestone Contributions
The App allows you to contribute to social causes (e.g., reforestation, education, hunger relief) by achieving certain usage milestones. We may partner with third-party organizations (“Partners”) to fulfill these contributions. Contributions are funded from our subscription revenue based on user milestones and directed to Partners. There maybe instances MindCircle directly fulful the social impact initiatives.
7.2. Not a Charitable Organization
MindCircle is not a registered charitable organization. We facilitate contributions to Partner organizations. Therefore, the subscription is not tax deductible. We vet Partners carefully but are not liable for their actions. Details on past contributions are available on our website.
7.3. Transparency of Contributions
We aim to provide transparent tracking of the social impact made through user milestones but cannot guarantee real-time updates at all times. Impact reports are available on our website.
8. Intellectual Property Rights
8.1. Ownership
All content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, is owned or licensed by MindCircle Pty Ltd and is protected by applicable intellectual property laws.
8.2. License to Use
We grant you a non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.
8.3. Restrictions
You may not copy, reproduce, distribute, publicly display, or create derivative works from any part of the App without our explicit written permission. You may not reverse-engineer, decompile, or disassemble the App. If you submit any user-generated content, you grant us a worldwide, royalty-free license to use it for App operations.
8.4 Feedback. If you provide ideas, suggestions or feedback, you grant us a worldwide, perpetual, royalty-free licence to use them without restriction.
9. User Conduct
9.1. Lawful Use
You agree to use the App only for lawful purposes and in accordance with these Terms.
9.2. Prohibited Activities
You must not: (a) break the law; (b) infringe anyone’s rights; (c) upload malware or attempt to bypass security; (d) scrape, bulk-download or misuse APIs; (e) use the App to harass, bully or spread misinformation; (f) resell, sublicense or make the App available to others on a paid or free basis; or (g) use the App while driving or in hazardous contexts.
10. Third-Party Services and Links
10.1. Third-Party Links
The App may contain links to third-party websites or services for convenience. We do not endorse and are not responsible for the content, privacy policies, or practices of any third-party websites or services.
10.2. Third-Party Integrations
Some features may integrate with third-party platforms (e.g., NGO tracking dashboards). Your use of these integrations is subject to the respective third party’s terms and conditions. By using integrations, you authorize us to share necessary data with third parties, as per our Privacy Policy.
11. Disclaimer of Warranties
11.1. As-Is
To the extent permitted by law, the App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied. However, nothing in these Terms excludes consumer guarantees under applicable law (e.g., Australian Consumer Law).
11.2. No Guarantee
We do not warrant that the App will be uninterrupted, secure, or free of errors, or that any defects will be corrected.
12. Limitation of Liability
12.1. Indirect Damages
In no event shall MindCircle Pty Ltd, its affiliates, or its licensors be liable for any indirect, incidental, consequential, or punitive damages arising out of your use or inability to use the App. Nothing in these Terms limits our liability for death, personal injury, fraud, or any matter that cannot be excluded under applicable law (e.g., Australian Consumer Law).
12.2. Maximum Liability
Our maximum aggregate liability to you for any claims relating to the App shall not exceed the amount you paid for the services during the twelve (12) months preceding the claim. For free users, our liability is limited to $100 AUD.
13. Indemnification
You agree to defend, indemnify, and hold harmless MindCircle Pty Ltd, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney’s fees) resulting from your breach of these Terms, violation of law, or gross negligence.
14. Termination
We reserve the right to suspend or terminate your account or access to the App at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to the App or other users. We will provide reasonable notice where possible. Upon termination, your data may be deleted after 30 days.
15. Governing Law and Dispute Resolution
15.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.
15.2. Arbitration
Any dispute arising out of or in connection with these Terms shall be settled by binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA) in Melbourne, Australia, unless otherwise required by applicable law. The decision of the arbitrator shall be final and binding. You waive any right to participate in class actions. For EU users, this does not affect your rights under EU consumer law.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver.
17. Privacy, data transfers & security
Your use is also governed by our Privacy Policy (linked in-app), which explains what we collect, why, the legal bases we rely on, third-party SDKs/analytics, retention and your rights. We may process data outside your country; where we disclose personal information overseas, we take steps required by law (e.g., Australian APP 8 due diligence; GDPR/UK GDPR safeguards). We use reasonable security measures and follow the Australian Notifiable Data Breach scheme.
18. Force Majeure
We shall not be liable for any failure to perform due to events beyond our reasonable control, such as natural disasters, wars, or pandemics.
19. Platform specific terms
For iOS users, these Terms incorporate the Apple Standard EULA; Apple is a third-party beneficiary and may enforce those terms. For all users, your platform/store terms apply to billing, refunds and subscription management.
20. Miscellaneous
If any part of these Terms is invalid, the rest remains in force. No waiver is effective unless in writing. You may not assign your rights without our consent; we may assign to an affiliate or in connection with a reorganisation.
21. Contact Us
If you have any questions regarding these Terms, please contact us at:
- Email: admin@mindcircle.io
