Terms of Service

1. DEFINITIONS AND SCOPE

1.1 Definitions

In these Terms of Service, the following terms mean:

• Administrator - Gabinet Psychologiczny i Psychoterapii Jakub Litwin, Tax ID (NIP): 8172038116, ul. Jarosława Dąbrowskiego 14, 35-036 Rzeszów, Poland
• Application or App - Mind Flash mobile application available on AppStore and Google Play
• User - an individual using the Application
• Patient - a person whose data is entered into the Application by the User
• Note - a text or voice recording created by the User
• Supervision - a summary created from multiple notes
• Subscription - a paid plan for access to extended Application features

1.2 Scope of Application

These Terms of Service define the rules for using the Mind Flash Application, the rights and obligations of Users and the Administrator. Using the Application means acceptance of all provisions of these Terms.

2. ACCEPTANCE OF TERMS

2.1 Conditions of Acceptance

Before using the Application, the User must:

• Read these Terms of Service
• Read the Privacy Policy
• Agree to the terms by checking the appropriate checkbox

2.2 No Acceptance

Failure to accept the Terms prevents use of the Application.

3. MEDICAL DATA DELEGATION - KEY PROVISIONS

• Processing of their own personal data in accordance with the Privacy Policy
• DELEGATING THEIR PATIENTS' DATA for processing by the Application for service provision purposes

3.2 User Responsibility

The User represents and warrants that they:

• Possess all legally required authorizations to delegate patient data
• Have obtained all necessary consents from patients (if required by local law)
• Comply with professional confidentiality and psychotherapy ethics
• Bear full responsibility for compliance with local legal regulations

3.3 Security Recommendations

The Administrator recommends:

• Using anonymization of patient data (e.g., using initials instead of full names)
• Regular export of important data
• Compliance with local medical data protection regulations
• Exercising special caution when entering sensitive data

3.4 Administrator's Disclaimer

The Administrator:

• Does not analyze the content of patient data
• Bears no responsibility for breach of professional confidentiality by the User
• Does not verify User's authorization to process patient data
• Is not responsible for User's compliance with local regulations

4. PAYMENT TERMS AND SUBSCRIPTIONS

4.1 Pricing Model

• Free account: Limited number of notes, supervisions, and patients per month
• Paid subscription: Unlimited access to all features
• Plans: Monthly or annual (with discount)
• Prices: Current prices available at mind-flash.com

4.2 Payments

• Payment processing through RevenueCat
• Currencies: PLN and EUR
• Automatic subscription renewal
• Cancellation possible at any time

4.3 Refund Policy

• Right of withdrawal: 14 days from purchase (according to EU law)
• No other refunds except as required by law
• Subscription cancellation does not result in refund for unused period

5. USER RIGHTS AND OBLIGATIONS

5.1 User Rights

The User has the right to:

• Full control over their data (create, read, update, delete)
• Export their notes
• Delete their account at any time
• Cancel subscription
• Contact the Administrator regarding technical issues

5.2 User Obligations

The User agrees to:

• Use the Application in accordance with the law
• Not share their account with third parties
• Maintain confidentiality of patient data
• Comply with professional ethics
• Not attempt unauthorized access to the system

6. APPLICATION FEATURES AND LIMITATIONS

6.1 Available Features

• Patient profile management
• Creation of text and voice notes
• Automatic transcription of recordings
• Creation of supervisions
• Data export
• Note search and organization

6.2 Free Account Limitations

Detailed limits regarding:

• Number of notes per month
• Number of supervisions per month
• Number of patients

Current limits available at mind-flash.com

6.3 Service Availability

The Administrator will make efforts to ensure uninterrupted access to the Application, but does not guarantee:

• Continuous operation
• Error-free performance
• Availability of all features at all times

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Application Ownership

The Mind Flash Application, its code, design, and content are the property of the Administrator and are protected by copyright law.

7.2 User Data

All data entered by the User remains their property. The Administrator obtains only a limited license to process this data for service provision purposes.

7.3 Use of Name and Logo

Users may refer to the Mind Flash Application for informational purposes without restrictions.

8. LIABILITY AND WARRANTY DISCLAIMERS

8.1 Limitation of Liability

The Administrator is not liable for:

• Indirect or consequential damages
• Data loss caused by User actions
• Violation of local regulations by the User
• Errors in voice recording transcriptions
• Interruptions in Application access

8.2 Maximum Liability

The Administrator's total liability is limited to the amount of subscription fees paid by the User in the 12 months preceding the event.

8.3 No Medical Warranties

The Application is an organizational tool and does not constitute:

• Medical advice
• A diagnostic system
• A replacement for professional supervision

9. PERSONAL DATA PROTECTION

9.1 Privacy Policy

Detailed rules for processing personal data are defined in the Privacy Policy available in the Application and at mind-flash.com.

9.2 Data Security

The Administrator applies appropriate technical and organizational measures to protect data, however the User understands that no system is 100% secure.

9.3 Data Deletion

Account deletion results in permanent and irreversible deletion of all User data, including notes, recordings, and patient data.

10. CHANGES TO TERMS

10.1 Change Procedure

• The Administrator may change the Terms for valid reasons
• Users will be notified of changes 30 days in advance
• Notification will occur through the Application or email

10.2 Acceptance of Changes

Continued use of the Application after changes take effect means acceptance of the new Terms. Users may discontinue service before changes take effect.

11. DISPUTE RESOLUTION AND GOVERNING LAW

11.1 Governing Law

These Terms are governed by Polish law.

11.2 Dispute Resolution

• Parties seek amicable resolution of disputes
• In case of no agreement, disputes will be resolved by courts competent for the Administrator's registered office in Rzeszów, Poland

11.3 Severability Clause

If any provision of these Terms proves invalid, the remaining provisions remain in force.

12. FINAL PROVISIONS

12.1 Contact

All correspondence should be directed to:

• Email: office@mind-flash.com
• Address: Gabinet Psychologiczny i Psychoterapii Jakub Litwin, ul. Jarosława Dąbrowskiego 14, 35-036 Rzeszów, Poland

12.2 Entire Agreement

These Terms together with the Privacy Policy constitute the entire agreement between the User and the Administrator.

12.3 Language of Terms

In case of discrepancies between language versions, the Polish version is binding.

12.4 Effective Date

These Terms take effect on January 1, 2025.

Terms Version: 1.0

Last Updated: January 1, 2025