Terms of Service

Effective Date: September 14, 2025

Welcome to Oh Hey Mind. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Oh Hey Mind ("we," "our," or "us") regarding your access to and use of our mobile application, website, and any related services (collectively, the "Service"). Please read these Terms carefully before using the Service. By creating an account or accessing the Service in any way, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the Service.

1. Eligibility and Acceptance

1.1. You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this requirement.

1.2. By accessing or using the Service, you confirm that you are legally capable of entering into a binding agreement and that you accept these Terms without limitation or qualification.

2. Description of the Service

2.1. Oh Hey Mind provides a self-guided digital platform for emotional reflection and connection. Features may include:

  • Emotional check-ins and journaling;

  • Personalized insights based on self-reported patterns;

  • Optional connection and emotional sharing features with selected individuals ("Trusted Connections");

  • Access to emotional summaries and visualizations;

  • Notifications and reflection prompts.

    2.2. The Service is not a medical, therapeutic, or psychiatric tool. It is not intended to:

  • Diagnose, treat, cure, or prevent any mental health or medical condition;

  • Provide emergency or crisis support;

  • Substitute for professional medical advice, diagnosis, or treatment.

    2.3. If you are experiencing a crisis or emergency, you should contact local emergency services or a licensed mental health professional immediately.

3. User Account

3.1. To use certain features, you must create an account by providing accurate and complete information. You agree to keep this information up to date.

3.2. You are responsible for maintaining the confidentiality of your login credentials and all activity under your account.

3.3. We may suspend or terminate your account if we suspect any unauthorized use or violation of these Terms.

3.4. You may delete your account at any time. Upon deletion, your personal data will be removed in accordance with our Privacy Policy.

4. User Content and Rights

4.1. You retain ownership of the content you submit, including emotional entries, notes, and journal content ("User Content").

4.2. By submitting User Content, you grant us a non-exclusive, limited license to:

  • Store and process the content to provide the Service;

  • Generate anonymized, aggregated data to improve the Service;

  • Share select emotional summaries with your Trusted Connections if and only if you have provided express consent.

    4.3. You may export or delete your User Content at any time using the in-app tools.

5. Acceptable Use

5.1. You agree to use the Service only for lawful, personal, and non-commercial purposes.

5.2. You may not:

  • Violate any applicable law or regulation;

  • Harass, abuse, threaten, or intimidate others;

  • Use the Service to distribute harmful, defamatory, or offensive content;

  • Attempt to gain unauthorized access to other accounts or systems;

  • Use bots or automated means to access the Service;

  • Reverse-engineer, decompile, or attempt to extract source code.

    5.3. We reserve the right to monitor use and enforce these terms, including terminating or suspending access for violations.

6. Premium Features and Payment

6.1. Some features require a paid subscription. The "Premium" tier ($3.00/month or $24.99/year) will be available at launch in 2026.

6.2. Subscription pricing and terms are displayed in-app prior to purchase. Subscriptions auto-renew unless cancelled through your app store settings.

6.3. A free trial may be offered. You will not be charged until the trial period ends. Cancel before the trial ends to avoid charges.

6.4. Refunds are handled exclusively by the Apple App Store or Google Play Store. We do not issue direct refunds.

6.5. During the beta period (from January 2026), all features will be available for free to beta testers.

7. Privacy and Security

7.1. Your privacy is important to us. Our data collection and usage practices are described in our Privacy Policy.

7.2. We implement industry-standard technical and organizational measures to protect your data, including:

  • TLS encryption for data in transit;

  • Encryption at rest using secure protocols;

  • Access controls, authentication safeguards, and audit logs;

  • Ongoing vulnerability testing and monitoring.

    7.3. In the event of a personal data breach, we will notify affected users promptly and in compliance with applicable data protection laws.

    7.4. We use third-party service providers to support the Service. These vendors are contractually obligated to meet privacy and security obligations. A list of subprocessors is available upon request.

8. Disclaimers

8.1. The Service is provided "as is" and "as available" without warranty of any kind.

8.2. We disclaim all warranties, express or implied, including fitness for a particular purpose, accuracy of insights, or continuous availability.

8.3. Use of the Service is at your own risk. We are not responsible for decisions made based on emotional insights or visualizations.

9. Limitation of Liability

To the maximum extent permitted by law:

9.1. We are not liable for any indirect, incidental, special, consequential, or punitive damages;

9.2. Our total liability arising out of these Terms shall not exceed the amount paid by you to use the Service in the preceding 12 months;

9.3. We are not responsible for third-party content or services.

10. Indemnification

You agree to indemnify and hold harmless Oh Hey Mind, its employees, affiliates, and service providers from any claims, losses, or liabilities arising out of:

  • Your use or misuse of the Service;
  • Your violation of these Terms;
  • Your infringement of any third-party rights.

11. Changes to Terms

11.1. We may modify these Terms at any time. Material changes will be communicated via email or in-app notification.

11.2. Continued use of the Service after changes constitutes your acceptance of the revised Terms.

11.3. The most current version of the Terms will be accessible in the app and on our website.

12. Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of laws principles.

13. Contact Information

If you have questions or concerns regarding these Terms, please visit our Contact page for support options.