Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between DearMind (“DearMind,” “we,” “us,” or “our”) and the subscribing organization (“Client”). These Terms govern Client’s and its authorized employees’ (“Users”) access to and use of DearMind’s digital platform, tools, modules, and all services offered therein (collectively, the “Services”).

By accessing or using the Services, the Client and its Users acknowledge and agree to be bound by these Terms. If the Client does not agree to these Terms, it must not access or use the Services.

1. Eligibility and Access

1.1 Access to the Services is permitted solely to:

• Organizations that have executed a valid subscription, service agreement, or commercial contract with DearMind; and

• Users who are expressly authorized by such organizations.

1.2 The Client is responsible for ensuring that all User login credentials are kept confidential.1.3 The Client shall remain liable for all actions taken through accounts associated with its organization.

2. Nature of Services

2.1 DearMind provides a workplace-focused mental wellness platform that includes, but is not limited to:

• Reflective journaling tools

• Weekly “grapevine check” insights

• Guided meditation sessions

• Educational and well-being content

• Other workplace mental wellness resources

2.2 DearMind does not provide medical advice, psychiatric treatment, clinical diagnosis, counselling, or therapy.The Services are designed solely for workplace well-being enhancement, stress reduction, and mental clarity and must not be used as a substitute for medical or psychological treatment.

3. Data Ownership and Data Access

3.1 All data input by Users, including journaling content, reflections, or any form of user-generated content (“User Data”), remains the sole property of the Client and/or the individual User, as applicable.

3.2 DearMind does not access, view, mine, analyze, sell, or utilize any User Data, diary entries, personal reflections, or journaling content in any form.

3.3 DearMind collects only:

• Basic technical metadata required for platform functionality (e.g., login logs, device type, feature usage metrics); and

• Aggregated, anonymized wellness insights without personal identifiers, solely to support dashboards and organizational well-being reports.

3.4 DearMind shall never disclose, share, or transfer any identifiable User Data to third parties.

4. Organizational Dashboards

4.1 Administrative dashboards provide only anonymized, aggregate-level data such as:

• Attendance rates

• Average stress indicators

• Participation metrics

4.2 No individual-level reflections, diary entries, journal content, or personally identifiable mental wellness information will ever be visible to Clients, HR departments, administrators, or any third party.

4.3 Clients are expressly prohibited from requesting or attempting to extract any personally identifiable User Data.

5. User Responsibilities

Users agree and warrant that they shall:

• Provide accurate information required for account setup;

• Use the Services only for lawful and professional purposes;

• Refrain from uploading harmful, abusive, misleading, or unlawful content;

• Not attempt to circumvent, access, or interfere with restricted areas or security features of the platform.

6. Platform Availability

6.1 DearMind aims to maintain continuous availability of the Services; however:

• Temporary downtime may occur for maintenance, updates, upgrades, or technical reasons;

• DearMind may modify, update, or enhance features without prior notice.

6.2 DearMind shall not be liable for any unavailability, delay, loss of data, loss of functionality, or related inconvenience caused due to maintenance or technical issues.

7. Intellectual Property

7.1 All software, code, content, tools, modules, designs, trademarks, logos, and other intellectual property associated with the Services are the exclusive property of DearMind.

7.2 The Client is granted a limited, revocable, non-exclusive, non-transferable license to use the Services solely during the subscription period and strictly in accordance with these Terms.

7.3 No rights or licenses are granted by implication or estoppel.

8. Prohibited Use

Clients and Users shall not:

• Interfere with, disrupt, or compromise the security, integrity, or functioning of the platform;

• Upload malicious software, viruses, worms, scripts, or harmful code;

• Use the Services for unauthorized data extraction, scraping, or reverse engineering.

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9. Subscription, Billing, and Termination

9.1 Subscription fees, billing cycles, and payment terms are governed by the commercial agreement executed between DearMind and the Client.

9.2 The Client may terminate its subscription only in accordance with the provisions outlined in such commercial agreement.

9.3 Upon termination:

• User access to the platform will be revoked;

• DearMind may delete Client data after the standard retention period unless the Client requests earlier deletion in writing.

9.4 Fees already paid are non-refundable unless expressly stated otherwise in the commercial agreement.

10. Confidentiality

10.1 Both parties agree to maintain strict confidentiality concerning all non-public business information, pricing, workflows, and proprietary materials exchanged under this engagement.

10.2 DearMind shall not access or retain confidential organizational data except as required for account management, technical support, or platform operations.

11. Warranty Disclaimer

11.1 The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.

11.2 DearMind expressly disclaims all implied warranties, including but not limited to:

• Merchantability

• Fitness for a particular purpose

• Accuracy of insights or reports

• Any guaranteed psychological, emotional, or medical outcomes

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12. Limitation of Liability

12.1 To the maximum extent permitted by law, DearMind shall not be liable for:

• Indirect, incidental, punitive, exemplary, or consequential damages;

• Loss of profits, revenue, goodwill, or data;

• Any damages arising from use or inability to use the Services.

12.2 DearMind’s total aggregate liability shall not exceed the total amount paid by the Client to DearMind in the preceding twelve (12) months.

13. Modifications to Terms

DearMind may update or amend these Terms at any time. Continued access or use of the Services following such updates constitutes acceptance of the revised Terms.

14. Contact Information

For support, contractual matters, or inquiries, please contact:📩 hello@dearmind.co