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Terms and Conditions

GreatMinds App Terms & Conditions

  1. Introduction:

    1. Welcome to GreatMinds, your brainstorming partner. These terms and conditions ("Terms") outline the rules and regulations governing your use of the GreatMinds App, a platform designed to boost your creativity.

  2. Acceptance of Terms:

    1. By ticking accept when signing up to use GreatMinds, you indicate your acknowledgment and acceptance of these Terms. If you do not agree with all these Terms, you must not use the App.

  3. Account & Security:

    1. Registration: Users may need to register for an account to access certain features of the App.

    2. Confidentiality: Users are responsible for maintaining the confidentiality of any account information, and are fully responsible for all activities that occur under their account.

    3. Notification: You must notify us immediately of any unauthorized use of your account or any other security breach.

  4. Usage Restrictions:

    1. You may not misuse the App by knowingly introducing viruses, trojans, or other malicious material.

    2. Unauthorized access to the App, the server, or any connected database is prohibited.

    3. You may not extract, or attempt to extract, any of the App's source code.

    4. Restricted use as noted above may result in account suspension or legal action.

  5. Subscription:

    1. Pricing: Subscription pricing details are provided within the App and may change over time.

    2. Payment: All payments, once made, are non-refundable.

    3. Cancellation: Users can cancel their subscription at any time through the mechanisms of their respective app stores used to purchase the subscription.

  6. Intellectual Property:

    1. Ownership: GreatMinds and its original content, features, and functionality are the exclusive property of Otter and Scout Limited and are protected by international copyright, trademark, patent, and other intellectual property laws.

    2. Restrictions: Republishing, redistributing, or commercial exploitation of the App’s content is not allowed without express permission.

  7. Limitation of Liability:

    1. Under no circumstance shall Otter and Scout Limited be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or related to the use or inability to use GreatMinds.

    2. The app is provided "as-is" and no guarantees or warranties (expressed or implied) about its continuous, uninterrupted access or accuracy are made.

  8. Indemnification:

    1. You agree to indemnify, defend, and hold harmless Otter and Scout Limited, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the GreatMinds App, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Otter and Scout Limited reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Otter and Scout Limited in asserting any available defenses.

  9. Termination:

    1. We reserve the right to terminate or suspend any user's access to the App without notice for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

  10. Feedback and User-Generated Improvements:

    1. User Feedback: We welcome and encourage feedback from our users regarding our App. If you provide feedback or suggestions about our App, regardless of the form or medium, you agree that such feedback and suggestions become the intellectual property of Otter and Scout Limited and can be used, modified, and shared by us without any compensation to you.

    2. User-Generated Content: If the App allows for user-generated content or improvements, you retain any copyright and other proprietary rights you hold in the content that you post to the App. However, by submitting or uploading content to our App, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the content in connection with the App and Otter and Scout Limited's business operations.

    3. No Obligation: While we appreciate all feedback and user-generated improvements, we're under no obligation to implement them or compensate users for them. We reserve the right to determine the manner in which such suggestions or feedback will be used and implemented, if at all.

    4. Content Responsibility: Users are entirely responsible for the content they generate, including its legality, reliability, and appropriateness. Users must ensure that their content does not violate any third-party rights, including intellectual property rights, or any applicable laws and regulations.

    5. Reporting Violations: If you believe that any user-generated content or feedback violates your rights or is inappropriate or offensive, please contact us and we'll investigate and address your concerns as appropriate.

  11. Privacy:

    1. Our Privacy Policy, available at https://www.otterandscout.com/privacynotice, explains how we collect, use, and disclose information about you when you use the App.

  12. Data Sharing with Third Parties:

    1. OpenAI Interaction: To provide our service, we send data inputs to OpenAI for processing. We do not transmit personally identifiable information to OpenAI, but users should be aware that their queries are processed externally.

    2. Anonymized Data: We may share anonymized and aggregated data with third parties for analysis and improvements.

  13. User Content:

    1. By submitting queries or any other content through GreatMinds, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, and transmit such content in connection with providing our services.

    2. While we strive for accuracy and reliability, the content generated by OpenAI is not guaranteed to be correct, complete, or up-to-date, and users rely on it at their own risk.

    3. Users are responsible for the content they submit and that such content should not violate third-party rights, be defamatory, harmful, or contain personally identifiable information. Users are strongly advised not to include any personal, sensitive, or confidential information in their prompts. This includes, but is not limited to, names, addresses, phone numbers, social security numbers, financial details, or health information. Any content submitted is done so at the user's own risk, and GreatMinds does not take responsibility for any personal data inadvertently included in the prompts.

    4. Users must not use the app in a way that violates any applicable local, state, national, or international laws or regulations.

  14. Third-Party Platforms:

    1. Availability: While we strive to offer our app on major platforms like Apple's App Store and Google Play Store, we cannot guarantee its continuous availability on these platforms.

    2. Platform Terms: By downloading the app from these platforms, you also agree to comply with any terms and conditions required by these third-party platforms. In the case of a conflict between our Terms and those of the third-party platforms, the latter will prevail regarding the issue in conflict.

    3. In-App Purchases: Any in-app purchases made through the Apple App Store or Google Play Store will be subject to the respective store's payment terms and conditions.

  15. Service Interruptions:

    1. OpenAI or Other Third-party Dependencies: GreatMinds relies on third-party services, including but not limited to OpenAI, to provide its features. We shall not be held liable for any disruptions, inaccuracies, errors, or delays that result from problems with these third-party services.

    2. Our Servers: While we strive to maintain the availability of GreatMinds, interruptions may occur due to maintenance, updates, or other unforeseen issues. We are not obligated to provide any refunds or credits for such interruptions, but we will make reasonable efforts to notify users of extended service disruptions.

  16. Refund Policy for Service Interruptions:

    1. Extended Downtime: If GreatMinds experiences a service disruption lasting more than 10 continuous days, subscribers may be eligible for a prorated refund or credit for the downtime, at our sole discretion.

    2. Refund Request Process: To request a refund, users must contact our support within 10 days of the service disruption. Refund eligibility will be determined on a case-by-case basis, and will typically be limited to the period subject to any service disruption.

  17. Backup and Data Loss:

    1. Otter and Scout Limited takes reasonable measures to safeguard and backup user data. However, users acknowledge and agree that it is their responsibility to maintain copies of their submitted content and any other personal data, information, or files uploaded to the GreatMinds App. In no event shall Otter and Scout Limited be liable for any loss of data, or for direct, indirect, special, incidental, consequential damages, including lost profits, arising out of the use or performance of the App

  18. Security & Data Breach:

    1. Otter and Scout Limited employs reasonable security measures to protect user data and maintain the integrity of the GreatMinds App. In the unfortunate event of a security breach that compromises user data, Otter and Scout Limited will take timely action to rectify the situation, notify affected users, and comply with any applicable laws and regulations regarding such breaches. Despite our best efforts, no security measures are impenetrable, and users acknowledge and agree that Otter and Scout Limited cannot guarantee absolute security of user data. We shall not be held liable for any unauthorized access, hacking, or other security intrusions, except where mandated by law.

  19. Data Retention and Deletion:

    1. Retention Period: Otter and Scout Limited retains your personal data only for as long as is necessary for the purposes set out in our Privacy Policy, unless a longer retention period is required or permitted by law. This includes the duration of your use of the GreatMinds App and for a reasonable period thereafter, where we can provide you with any post-subscription services or where necessary for operational requirements, such as accounting for tax purposes.

    2. Account Deletion Requests: If you request to delete your account, all your personal data associated with the account, including your name and email address, will be deleted from our servers within 30 days of your request, unless there is a legitimate legal or operational reason to retain some or all of that data. Please note that any content or information you shared with others or that others have copied might still be visible even after you delete your account.

    3. Expired Subscriptions: For users whose subscriptions lapse or are not renewed, Otter and Scout Limited will retain your account and associated personal data for a period of up to 365 days post-expiration. If the subscription is not renewed within this period, your account and all associated data will be scheduled for deletion. This is to allow users a grace period for subscription renewal without loss of account data.

    4. Backup Systems: Please be aware that due to the nature of backup systems, your personal data might remain in our backup systems for a period even after deletion. However, such data will not be retrievable in the ordinary course of operations and will be overwritten in due time.

    5. Anonymized Data: While your identifiable data is deleted, we may retain and use anonymous, aggregated data for analytical, research, and other business purposes.

  20. Modification of Services:

    1. We reserve the right to modify, amend, or change the services and features provided by GreatMinds at any time without prior notice. While we aim to ensure continuity and compatibility, certain features may be deprecated or replaced as the app evolves. We are not liable for any losses or inconveniences that may arise due to these changes.

  21. Discontinuation & Termination:

    1. Withdrawal of the App: We reserve the right to modify, suspend, or discontinue the GreatMinds service at any point in time. Should the service be permanently discontinued, we will provide users with a notice in advance.

    2. Subscription Cancellation in Case of Discontinuation: In the event that GreatMinds is permanently discontinued, all active subscriptions will be terminated. Subscribers may receive prorated refunds for the unused portion of their subscription, at our sole discretion.

  22. Dispute Resolution:

    1. In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the App, or our services, both parties agree to negotiate in good faith to reach a mutually satisfactory solution. If the parties are unable to resolve the dispute within 30 days of initiating such negotiations, either party may propose to resolve the matter through arbitration.

    2. The specifics of the arbitration, including the venue, rules, and the appointing authority, will be mutually agreed upon by both parties at the time of the dispute. Both parties commit to participating in the arbitration in good faith.

    3. Nothing in this clause shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.

  23. Force Majeure:

    1. Neither party will be held liable for any failure or delay in fulfilling its obligations under these Terms where such failure or delay has been caused by acts of nature, pandemics, wars, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, technological failures, blackouts, and cyberattacks, or any other cause beyond the party's reasonable control (collectively referred to as "Force Majeure"). If such a Force Majeure event continues for more than 30 days, either party may choose to terminate the agreement upon written notice to the other party.

  24. Severability:

    1. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

  25. Entire Agreement:

    1. These Terms, together with any documents or policies expressly referred to herein or expressly incorporated by reference, constitute the entire agreement between you and Otter and Scout Limited regarding your use of the GreatMinds App. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Otter and Scout Limited with respect to the GreatMinds App.

  26. Governing Law & Jurisdiction:

    1. These Terms are governed by and construed in accordance with the laws of the UK, without regard to its conflict of law principles.

  27. Amendments:

    1. We reserve the right to modify or replace these Terms at any time. We will strive to provide at least 30 days' notice via email prior to any new terms taking effect.

  28. Contact Us:

For questions, comments, or concerns about these Terms, please contact info@otterandscout.com

Otter and Scout Ltd

86-90 Paul Street, London

EC2A 4NE, United Kingdom

info@otterandscout.com

©2023 by Otter and Scout Ltd

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