Terms of Service

Terms of Service

MINDFlexer - Cognitive Performance Platform

Last Updated: January 2025

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Acceptance of Terms

By accessing and using MINDFlexer ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

Agreement: Your use of the Service constitutes acceptance of these Terms of Service and our Privacy Policy.

Service Description

What MINDFlexer Provides

  • Cognitive Testing Platform: Six different cognitive performance games measuring various mental abilities
  • Performance Analytics: Detailed metrics, progress tracking, and performance insights
  • Data Management: Local storage with optional cloud synchronization
  • Customization: Multiple themes, languages, and personalization options
  • Educational Content: Information about cognitive performance and improvement

What MINDFlexer Is NOT

  • Medical Device: Not intended for medical diagnosis or treatment
  • Professional Assessment: Not a substitute for professional cognitive evaluation
  • Therapeutic Tool: Not intended to treat any medical condition
  • Educational Credential: Results do not constitute official cognitive assessments

User Accounts and Registration

Account Creation

  • You may use the Service without creating an account (local storage only)
  • Account creation is optional and enables cloud synchronization features
  • We use third-party authentication providers (Google, GitHub, etc.) for secure login
  • You must be at least 13 years old to create an account

Account Responsibilities

  • You are responsible for maintaining the security of your account
  • You must provide accurate information when creating an account
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account

Account Termination

  • You may delete your account at any time through the platform settings
  • We may suspend or terminate accounts that violate these terms
  • Upon termination, your data will be deleted according to our Privacy Policy

Acceptable Use Policy

You agree to use MINDFlexer only for lawful purposes and in accordance with these Terms. Acceptable use includes:

  • Personal Use: Using the platform for personal cognitive performance testing
  • Educational Purposes: Learning about cognitive performance and improvement
  • Research: Academic or personal research (with appropriate data handling)
  • Skill Development: Practicing and improving cognitive abilities
Fair Use: The Service is intended for individual use. Commercial use requires prior written permission.

Prohibited Conduct

You agree NOT to:

  • Reverse Engineer: Attempt to reverse engineer, decompile, or disassemble the Service
  • Automated Access: Use bots, scripts, or automated tools to access the Service
  • Data Mining: Extract data from the Service for commercial purposes
  • Security Violations: Attempt to gain unauthorized access to our systems
  • Interference: Interfere with or disrupt the Service or servers
  • Misrepresentation: Misrepresent your identity or affiliation
  • Illegal Activities: Use the Service for any illegal or unauthorized purpose
  • Medical Claims: Use results for medical diagnosis or professional assessment
  • Score Manipulation: Attempt to manipulate, cheat, or artificially inflate game scores or leaderboard rankings
  • Anti-Cheat Bypass: Attempt to circumvent or disable our anti-cheat and score validation systems
  • Browser Manipulation: Use browser zoom, extensions, or modifications to gain unfair advantages in games (Note: We detect and log browser zoom levels and other device characteristics for fair competition)
  • Device Spoofing: Attempt to falsify device information, browser data, or technical specifications to circumvent performance analysis or fair play measures
Enforcement: Violation of these terms may result in immediate account suspension or termination.

Intellectual Property Rights

Our Rights

  • MINDFlexer and all related content are protected by intellectual property laws
  • We retain all rights to the Service, including software, design, and content
  • You may not copy, modify, or distribute our intellectual property

Your Rights

  • You retain ownership of your personal data and performance results
  • You have the right to export and delete your data
  • You grant us a limited license to process your data to provide the Service

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data We Collect

  • Performance Data: Game scores, reaction times, accuracy metrics, and raw trial data for score validation
  • Comprehensive Device Metadata: Detailed device information including screen resolution, browser type and version, operating system, device type (desktop/mobile/tablet), orientation, touch capabilities, browser zoom level, PWA usage status, display mode, language settings, timezone, and session context for performance optimization and analytics
  • Technical Data: Monitor refresh rate, device characteristics, and performance metrics for fair competition
  • AI Interactions: Chat logs with our AI mentor system to maintain conversation history
  • Usage Analytics: How you interact with games, blog content, and platform features
  • Security Data: Enhanced device fingerprinting including comprehensive device metadata to prevent score manipulation and ensure platform integrity

Your Data Rights

  • We do not sell or rent your personal information
  • Data is primarily stored locally on your device
  • Cloud synchronization is optional and secure
  • You can export or delete your data at any time
  • You can request deletion of AI chat history and analytics data

Read our full Privacy Policy

Disclaimers and Medical Notice

IMPORTANT MEDICAL DISCLAIMER
  • Not Medical Advice: MINDFlexer is not intended to provide medical advice, diagnosis, or treatment
  • Not a Medical Device: This platform is not a medical device and should not be used for medical purposes
  • Consult Professionals: Always consult qualified healthcare professionals for medical concerns
  • Educational Only: Results are for educational and entertainment purposes only
  • No Guarantees: We make no claims about the accuracy or reliability of cognitive assessments

Service Disclaimers

  • The Service is provided "as is" without warranties of any kind
  • We do not guarantee uninterrupted or error-free operation
  • Results may vary and are not scientifically validated assessments
  • We are not responsible for decisions made based on platform results

Limitation of Liability

To the maximum extent permitted by applicable law, MINDFlexer and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from your use or inability to use the Service
  • Damages resulting from any unauthorized access to or use of our servers
  • Damages resulting from any interruption or cessation of transmission
  • Damages resulting from the conduct of any third party
California Law: Under California law, our total liability shall not exceed $100 or the amount you paid for the Service, whichever is greater.

Indemnification

You agree to defend, indemnify, and hold harmless MINDFlexer and its operators from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

  • Your use and access of the Service
  • Your violation of any term of these Terms of Service
  • Your violation of any third-party right, including intellectual property rights
  • Any claim that your use of the Service caused damage to a third party

Governing Law and Jurisdiction

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, United States
  • Jurisdiction: Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of California
  • Venue: You agree that any legal action or proceeding shall be brought exclusively in California
  • Waiver: You waive any objection to venue or inconvenient forum

Dispute Resolution

Before filing any legal action, we encourage you to contact us to resolve disputes informally.

Severability and Entire Agreement

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and MINDFlexer regarding the use of the Service.

Changes to Terms of Service

We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last Updated" date
  • Providing notice through the platform (for significant changes)

Your continued use of the Service after any changes constitutes acceptance of the new Terms of Service.

Contact Information

If you have any questions about these Terms of Service, please contact us through the platform's support features or account settings.

Legal Notices: For legal matters, please use the contact information provided in your account settings.