1 · Master Terms of Service / User Agreement
Effective Date: 30 July 2025 Last Updated: 30 July 2025
These Terms of Service (the “Terms”) constitute a legally binding agreement between Minds Journal Private Limited, a company incorporated under the Companies Act 2013 with its registered office at [Module 18, Floor 14, Bengal Eco Intelligent Park, EM 3, Sector 5, Salt Lake City, Kolkata 700091, India] (“Minds Journal,” “we,” “our,” or “us”), and any person who accesses or uses the Services (“User,” “you,” or “your”).
The “Services” encompass our public website(s), sub‑domains, community forums, private and public groups, Android mobile application (and future iOS application), e‑mail newsletters, push notifications, leaderboards, points, and any other product or feature we operate.
By creating an account, uploading content, or otherwise using any part of the Services you affirm that you have read, understood, and agree to be bound by these Terms and our Privacy & Data‑Protection Policy. If you do not agree, do not access or use the Services.
Important Notice for Parents/Guardians: The Services are not directed to children under 13 years of age. Where local law requires parental consent for Users under 16 (e.g., many EU Member States), such consent must be provided via our parental‑consent workflow before access is granted.
0. Definitions
- “Account” means the individual profile created by a User.
- “Content” means any text, photo, video, audio, graphic, file, code, or other material posted, uploaded, or transmitted via the Services.
- “Points/Badges/Leaderboards (Rewards)” mean virtual recognitions without monetary value granted for certain activities.
- “Paid Services” means digital goods, premium memberships, in‑app purchases, or subscriptions offered for a fee.
1. Eligibility & Account Registration
1.1 Minimum Age & Capacity. You certify that you are at least 13 years old and legally competent to enter into contracts in your country of residence.
1.2 Single Account. Each individual may create one (1) Account. Corporate or bot Accounts are prohibited unless expressly authorised.
1.3 Information Accuracy. You must provide true, current, and complete information and keep it updated.
1.4 Credential Security. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your Account. Notify us immediately at [email protected] of unauthorised use.
1.5 Refusal or Termination. We reserve the right to refuse registration or to suspend/terminate Accounts in accordance with Section 11.
2. Acceptable Use
2.1 Permitted Activities. The Services are provided for lawful, personal, non‑commercial use, including posting content, commenting, participating in forums/groups, earning Rewards, and engaging with other Users.
2.2 Prohibited Conduct. You agree not to: a. Violate any applicable law, regulation, or court order.
b. Upload or disseminate content that is illegal, defamatory, obscene, hateful, harassing, exploitative of minors, invasive of privacy, or otherwise objectionable.
c. Transmit viruses, malware, or any code designed to disrupt, damage, or limit functionality.
d. Send spam, phishing, or unsolicited promotions.
e. Impersonate any person or entity or misrepresent your affiliation.
f. Scrape, data‑mine, or mass‑harvest information without our prior written consent.
g. Circumvent access controls, geo‑blocking, rate‑limits, or export‑control restrictions (e.g., OFAC‑sanctioned regions).
h. Encourage or facilitate any of the above.
3. User‑Generated Content & Licensing
3.1 Submission and Ownership
• You retain initial copyright in all content you upload or submit (“User Content”).
• If your submission is featured or published on our main editorial site, official social‑media channels, mobile‑app home feed, newsletters, or any branded anthology (collectively, “Featured Content”), you automatically assign to Minds Journal all worldwide copyrights and related rights in the Featured Content, including the exclusive right to monetise, adapt, translate, and sublicense, without any obligation to pay royalties or share revenue.
• For all non‑featured User Content, you grant Minds Journal a perpetual, worldwide, irrevocable, royalty‑free, sublicensable licence to host, display, reproduce, adapt, distribute, and promote the content in connection with the Services.
3.2 Revenue & Attribution
• Minds Journal may monetise Featured Content through advertising, sponsorships, licensing, print anthologies, or any other commercial method at its sole discretion. No revenue share or other compensation is owed to you unless a separate written contract expressly provides otherwise.
• Where practicable, we will credit you as the original author; however, you waive any requirement that such credit appear in every use.
3.3 Moral‑Rights Waiver
To the fullest extent permitted by law, you waive all moral rights (including rights of attribution and integrity) in both Featured and non‑featured User Content.
3.4 Warranties & Indemnity
You represent and warrant that:
(a) the User Content is your original work or you have obtained all necessary rights and licences;
(b) the User Content does not infringe or violate any copyright, trademark, privacy, publicity, or other third‑party right;
(c) the User Content complies with these Terms, Community Guidelines, and applicable law.
You agree to indemnify and hold harmless Minds Journal from any loss, liability, or expense (including reasonable legal fees) arising out of or related to a breach of these warranties.
3.5 Platform Liability
Minds Journal acts as an intermediary under Section 79 of India’s Information Technology Act 2000 and analogous safe‑harbour provisions worldwide. We are not liable for User Content posted by you. We will promptly remove infringing material upon receipt of a valid notice in accordance with our DMCA Policy.
3.6 Withdrawal & Deletion
• You may delete non‑featured User Content at any time, which terminates the licence after a reasonable cache‑clearing period (up to 90 days).
• Featured Content assignments are irrevocable and survive account deletion.
4. Feedback
By sending ideas, suggestions, or other feedback (“Feedback”) you grant Minds Journal a perpetual, irrevocable, worldwide, royalty‑free licence to use and exploit such Feedback without restriction or compensation to you.
5. Service Changes & Availability
5.1 We may add, modify, or discontinue features at any time without liability. Wherever feasible, we will provide reasonable notice.
5.2 Planned downtime or emergency maintenance may render the Services unavailable; Minds Journal will endeavour to minimise disruption.
6. Rewards (Points, Badges, Leaderboards)
6.1 Rewards are virtual recognitions only: they hold no cash or property value, are not redeemable, and are non‑transferable.
6.2 We may alter qualification criteria, adjust or remove Rewards, or reset scores at any time.
6.3 Usernames and scores may be displayed publicly. Users may opt‑out via privacy settings.
7. Third‑Party Services, Links & Advertising
7.1 The Services integrate third‑party platforms (e.g., Google Analytics, ad networks, payment processors). Your use of such third‑party services is governed by their respective terms, and Minds Journal is not responsible for their content or practices.
7.2 Sponsored content, brand partnerships, or affiliate links will be clearly identified in accordance with applicable law.
7.3 External links are provided for convenience. Minds Journal does not endorse, and is not liable for, external sites.
8. Paid Services & In‑App Purchases
8.1 Pricing & Taxes. Prices are stated in Indian Rupees (INR) unless otherwise indicated and include applicable taxes where required.
8.2 App‑Store Terms. Purchases made through Google Play or the Apple App Store are processed by those third parties; their payment terms and refund policies apply.
8.3 Consumer Rights. Where local law provides a mandatory “cooling‑off” or withdrawal period (e.g., EU 14‑day digital‑content rule) you may cancel within that period unless you expressly waive it and the digital content has been fully delivered.
8.4 Subscriptions. Subscriptions auto‑renew by default. You can cancel at any time before the next billing cycle in your app‑store settings.
9. Minds Journal Intellectual Property
Except for Your Content, all materials comprising the Services—including text, graphics, interfaces, logos, software, and trademarks—are owned by or licensed to Minds Journal and protected by applicable intellectual‑property laws. You receive a limited, revocable licence to access and use the Services for personal, non‑commercial purposes. No other rights are granted.
10. Termination & Suspension
10.1 By You. You may terminate this agreement at any time by deleting your Account.
10.2 By Minds Journal. We may suspend or terminate Accounts or remove Content immediately if: (a) you breach these Terms, Community Guidelines, or law; (b) needed to protect the Services or other Users; or (c) required by law or court order.
10.3 Effect of Termination. Upon termination: (a) all licences granted to you cease; (b) Sections 3.2–3.4, 4, 9, 12–15, 17–24 survive.
11. Disclaimers
11.1 No Professional Advice. All Content is provided for general information only and does not constitute medical, psychological, legal, financial, or other professional advice. Consult qualified professionals.
11.2 Service “As‑Is.” The Services are provided “as‑is” and “as‑available,” without warranties of any kind, express or implied, including fitness for a particular purpose, non‑infringement, or availability.
12. Limitation of Liability
To the maximum extent permitted by law, Minds Journal shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, goodwill, data, or other intangible losses, even if advised of the possibility. Our aggregate liability under any theory of liability shall not exceed INR 10,000 or the amount you paid for Paid Services in the preceding twelve (12) months, whichever is greater. Some jurisdictions do not allow limitation of liability; in such cases, liability is limited to the smallest amount permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Minds Journal, its affiliates, officers, directors, employees, and agents from any claim, demand, damages, or expenses (including reasonable attorneys’ fees) arising from Your Content, your use of the Services, or your violation of these Terms or any law.
14. Governing Law & Dispute Resolution
14.1 Governing Law. These Terms shall be governed by the laws of India, without regard to conflict‑of‑law principles.
14.2 Informal Resolution. You agree to first attempt to resolve any dispute informally by contacting us at [email protected]. If the dispute is not resolved within thirty (30) days, either party may commence arbitration.
14.3 Arbitration. All disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act 1996. The tribunal shall consist of a sole arbitrator appointed by mutual agreement. The seat of arbitration shall be Kolkata, India. The language shall be English.
14.4 Class‑Action Waiver. You and Minds Journal agree that any proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
14.5 Non‑Arbitrable Regions. If arbitration is unenforceable in your jurisdiction, disputes shall be submitted to the courts of competent jurisdiction in Kolkata, India.
15. Additional Rights for California Residents
Under California Civil Code § 1789.3, Users located in California may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1‑800‑952‑5210.
16. Export & Sanctions Compliance
You may not use the Services if you are located in, or a resident of, any country subject to Indian or U.S. trade sanctions, or if you are on any sanctions list. You agree to comply with all applicable export‑control laws.
17. Apple App Store & Google Play Terms
Where you access the Services via the Apple App Store or Google Play:
- The licence granted is limited to a non‑transferable licence to use the application on devices you own/control.
- Apple and Google are third‑party beneficiaries of these Terms and may enforce them.
- You must also comply with the Apple Media Services Terms or Google Play Terms of Service, as applicable.
18. Copyright Infringement — DMCA Notice & Takedown
If you believe Your Content has been copied in a way that constitutes copyright infringement, please notify our designated DMCA Agent (details in Section 25) with a written notice that meets the requirements of 17 U.S.C. § 512(c)(3). We will respond in accordance with the DMCA.
19. Force Majeure
Minds Journal shall not be liable for any failure or delay resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labour disputes, government actions, or internet failures.
20. Assignment
Minds Journal may assign or transfer these Terms, in whole or in part, without restriction. You may not assign your rights or obligations without our prior written consent.
21. Severability & Waiver
If any provision of these Terms is held unenforceable, that provision will be severed and the remainder will remain in full force. Our failure to enforce any right or provision is not a waiver of future enforcement.
22. Entire Agreement
These Terms, together with the Privacy & Data‑Protection Policy and any supplemental terms incorporated by reference, constitute the entire agreement between you and Minds Journal and supersede all prior agreements.
23. Survival
Sections 3.2–3.4, 4, 9, 11–15, 16–24 shall survive termination of these Terms.
24. EU Digital Services Act (DSA) Contact Point
For Users in the European Union, our single point of contact for authorities under Article 11 DSA is: [email protected] (English language only).
25. Notices & Contact Information
Minds Journal Private Limited
Registered Office: Module 18, Floor 14, Bengal Eco Intelligent Park, EM 3, Sector 5, Salt Lake City, Kolkata 700091, India
Grievance Officer / Data‑Protection Officer: Module 18, Floor 14, Bengal Eco Intelligent Park, EM 3, Sector 5, Salt Lake City, Kolkata 700091, India
E‑mail: [email protected]
DMCA Agent (for U.S. copyright matters): [agent name, address, e‑mail]
Telephone: +919748003434
General Disclaimer & Liability Limitation
Effective Date: 30 July 2025 Last Updated: 30 July 2025
This General Disclaimer supplements the Terms of Service and clarifies the limits of Minds Journal Private Limited’s (“Minds Journal,” “we,” “our”) responsibility for user‑generated content, professional advice, third‑party links, and platform availability across our websites and mobile apps.
A. No Professional Advice
- Medical / Mental‑Health Content: All articles, posts, videos, and discussions are for informational purposes only and do not constitute medical, psychiatric, legal, or financial advice. Consult a qualified professional for personalised guidance.
- Emergency Situations: If you or someone you know is in crisis, contact local emergency services or the nearest suicide‑prevention helpline immediately. Helplines are listed at /help‑resources.
B. User‑Generated Content (UGC)
- Opinions expressed in UGC are those of the individual authors and do not reflect Minds Journal’s views. We do not routinely verify factual claims in UGC.
- While we moderate for policy violations, we are not liable for damages arising from reliance on UGC, per safe‑harbour laws (IT Act § 79, DMCA § 512, EU DSA Art 6).
C. Third‑Party Links & Advertisements
- Our platforms may contain links to external websites or ads served by independent networks. We do not endorse and are not responsible for the content, accuracy, or privacy practices of third‑party sites.
- Transactions with third‑party advertisers are solely between you and the advertiser.
D. Platform Availability
- Service may be interrupted for maintenance, updates, or network issues. While we aim for 99.9 % uptime, Minds Journal is not liable for losses due to downtime, data loss, or service disruption beyond our reasonable control.
E. Limitation of Liability
To the maximum extent permitted by applicable law, Minds Journal shall not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill. Our aggregate liability for claims arising from the Services shall not exceed INR 10,000 or the amount you paid for Paid Services in the preceding 12 months, whichever is greater.
F. Governing Law
This Disclaimer is governed by the laws of India. Disputes are subject to the arbitration clause in the Terms of Service.
G. Contact
Questions? Email [email protected].