ACCEPTANCE OF TERMS
By accessing or using the MindMaking platform (“Service”), you (“Customer,” “you,” “your”) agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.


IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
1. SERVICE DESCRIPTION
MindMaking Inc. provides a cloud-based conversation intelligence platform that processes audio recordings and emails using artificial intelligence to generate transcripts, sentiment analysis, conversation summaries, speaker identification, and analytics.


Data Processor Role: MindMaking acts as a data processor. You (the Customer) are the data controller for all communications you submit to the Service.
2. SERVICE AVAILABILITY
We strive to provide reliable, continuous access to the Service. However, we do not currently guarantee specific uptime percentages or performance metrics. We may perform scheduled maintenance with advance notice and may modify the Service’s functionality as we develop and improve our platform.
3. CUSTOMER COMPLIANCE OBLIGATIONS


YOU ARE SOLELY RESPONSIBLE FOR:


Obtaining Consent:
You must obtain explicit, informed consent from all parties before submitting their communications:
Verbal consent before recording phone calls
Written consent for email processing
Specific consent for AI analysis
Explicit consent for processing biometric data (voice recordings)


Two-Party Consent States:
In California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington, you must obtain consent from ALL parties to a communication.


GDPR Compliance:
If processing EU data, you must:
Establish valid legal basis under GDPR Article 6
Obtain explicit consent for special category data (Article 9)
Provide privacy notices to data subjects
Respond to data subject requests within 30 days


Prohibited Uses:
You may not:
Record without proper consent
Submit communications of minors without parental consent
Process communications for illegal purposes
Violate wiretapping or privacy laws


Failure to comply with these obligations constitutes a material breach of these Terms.
4. INDEMNIFICATION


YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MindMaking Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:


Your failure to obtain proper consent from individuals
Your violation of any recording, wiretapping, or privacy laws
Your failure to comply with Customer Compliance Obligations
Claims by your end users regarding processing of their data
Regulatory fines or penalties imposed on you
5. DATA OWNERSHIP
You retain all ownership rights to data you submit. You own all AI-generated outputs. MindMaking will not use your data for our own purposes, share it with third parties (except necessary sub-processors), or use it to train AI models without separate consent.
6. DATA PROCESSING AGREEMENT
MindMaking acts as a data processor and you are the data controller. We process data only per your instructions, implement appropriate security measures, assist with data subject requests, notify you of breaches within 72 hours, and delete data within 30 days of termination.
7. DATA RETENTION
Data retained while account is active. Automatic deletion within 30 days of termination. Customer-initiated deletion available anytime.
8. FEES AND PAYMENT


Pricing: Available at mindmaking.com/pricing


Billing Terms:
Monthly or annual billing
Automatic renewal unless canceled
30 days notice for price changes


Payment Methods:
Credit card, ACH, or invoice (for qualified customers)


Late Payments:
1.5% monthly late fee on past due amounts
Suspension after 30 days past due


Refunds:
No refunds for unused time except as required by law
9. TERMINATION
You may terminate anytime. Termination effective at end of current billing period.


We may terminate immediately for:
Material breach of Customer Compliance Obligations
Failure to pay fees (after 30 days past due)
Violation of applicable laws


Upon termination: Access ends, data deleted within 30 days, no refunds for unused time.
10. WARRANTIES AND DISCLAIMERS


SERVICE PROVIDED “AS IS” – MindMaking disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.


AI Limitations:
AI-generated outputs may contain errors, biases, or inaccuracies. You are responsible for reviewing all AI outputs before relying on them. Do not use AI as sole basis for significant decisions.
11. LIMITATION OF LIABILITY


MINDMAKING’S TOTAL LIABILITY is capped at the greater of $5,000 or the amount you paid in the 12 months before the claim.


NOT LIABLE FOR:
Indirect, consequential, or punitive damages
Lost profits, revenue, or business interruption
Damages from your failure to obtain proper consents
Claims by your end users for privacy violations
Regulatory fines or penalties imposed on you
12. CONFIDENTIALITY
Each party maintains confidentiality of the other party’s confidential information using reasonable care. Obligations survive 3 years after termination.
13. GENERAL PROVISIONS
13.1 Governing Law
Maryland, United States
13.2 Dispute Resolution and Arbitration


PLEASE READ CAREFULLY. THIS AFFECTS YOUR RIGHTS.


Informal Resolution Required First:
60-day good faith negotiation before any arbitration or lawsuit


Binding Arbitration:
All disputes resolved by binding arbitration, not court litigation
JAMS or AAA as arbitration provider
Location: Remote (video) or Frederick County, Maryland
MindMaking pays fees for disputes under $10,000


Class Action Waiver:
IMPORTANT: Disputes must be brought individually, not as class actions. You may opt out of this waiver within 30 days by emailing legal@mindmaking.com.


Exceptions to Arbitration:
Emergency injunctive relief
Intellectual property claims
Small claims court actions
13.3 Modification
30 days notice for material changes. Continued use constitutes acceptance.
13.4 Contact Information
MindMaking Inc.
6304 Briarcliff Way
Frederick, MD 21701

Legal: legal@mindmaking.com
Support: support@mindmaking.com
Privacy: privacy@mindmaking.com
Sales: sales@mindmaking.com
14. CUSTOMER COMPLIANCE CHECKLIST
Before submitting any data to the Service, confirm:


☐ Consent obtained from all parties
☐ Two-party consent state compliance (if applicable)
☐ GDPR compliance established (if applicable)
☐ Privacy notices provided to end users
☐ Legal authority to submit data
☐ No prohibited content
☐ Consent documentation maintained




ACCEPTANCE
By using the Service, you acknowledge that you:


1. Have read and understood these Terms
2. Agree to binding arbitration and class action waiver
3. Will comply with all Customer Compliance Obligations
4. Understand warranties, disclaimers, and limitations
5. Have authority to bind your organization (if applicable)




Last Updated: February 1, 2026
Version: 1.0 (Commercial with Arbitration)


Complete Terms available at: https://www.mindmaking.com/terms