MINDX 360 – FULL LEGAL TERMS

1. Introductory Provisions

1.1 These Terms of Use (“Terms”) govern the rights and obligations between:

MindX, s. r. o.
registered office: Potočná 169/85, 909 01 Skalica
Company Registration No.: 57 359 016
registered in the Commercial Register of the District Court Trnava
(hereinafter referred to as “Service Provider”)

and the User of the application MindX 360 (“Application”), and shall apply to all services and products of the Service Provider.

1.2 By using the Application, the User confirms their acceptance of these Terms.

2. Nature of the Service

MindX 360 is a digital platform designed for:

the optimisation of athletic performance;
the development of mental resilience;
neuro-analysis and personalised recommendations.

2.2 The Application is not a medical device and does not provide healthcare or medical diagnosis.

3. Specific Status When Accessed via a Club (MindX 360 Core)

Where the User accesses the Application through a club:

the Club is the controller of personal data;
MindX acts as a processor;
the User shall exercise their rights against the Club.

3.2 These Terms shall apply mutatis mutandis to this relationship.

4. Registration and Account

The User:

is required to provide accurate information;
is responsible for the security of their account;
may delete their account at any time.

The Service Provider may suspend the account in the event of a breach of these Terms.

5. Scope of Services Provided

The services include in particular:

processing of performance and HRV data;
AI analysis and generation of recommendations;
communication with coaches;
creation of reports and dashboards.

The User acknowledges that:

outputs serve as a basis for decision-making only;
a human element (trainer/coach) must always be involved.

6. Artificial Intelligence and Profiling

The User agrees that:

the Application utilises AI models (LLM, Azure);
profiling of mental state and performance takes place;
results are statistical and predictive in nature.

The User acknowledges that the AI:

does not make automated decisions with legal effect;
serves as a supporting tool.

6.3 The User has the right to object to profiling and to request human review of the outputs.

7. Personal Data and Privacy

7.1 The processing of personal data is governed by the document:

Privacy Policy MindX 360

The User acknowledges that:

sensitive data may also be processed (health data, HRV);
processing may take place in the cloud (MS Azure);
transfers to third countries may occur (transfers to third countries are carried out on the basis of Standard Contractual Clauses (SCCs) or other mechanisms in accordance with the GDPR).

7.3 The processing of special categories of personal data (health data) takes place exclusively on the basis of the User’s explicit consent.

8. Consents and Sensitive Data

The User acknowledges that:

they provide sensitive data voluntarily;
they may withdraw their consent at any time;
without such data, the functionality of the Application may be limited.

9. Payments and Subscriptions

The User acknowledges that:

services may be subject to fees (Core, Premium, Elite);
payments within the mobile application are made exclusively through Apple In-App Purchases;
subscriptions may renew automatically (a subscription will automatically renew unless cancelled at least 24 hours before the end of the current period).

10. Use of the Application

The User undertakes:

not to use the Application in contravention of applicable law;
not to interfere with the system;
not to provide false or inaccurate information.

11. Minor Users

Persons under the age of 16 may only use the Application with the consent of their legal guardian, who shall grant consent to the processing of their data.

The Service Provider may require verification of the legal guardian’s consent by appropriate means.

12. Intellectual Property

12.1 All rights in and to the Application are vested in the Service Provider.

The following are prohibited:

copying;
reverse engineering;
commercial use without the prior written consent of the Service Provider.

13. Liability

The Service Provider shall not be liable for:

decisions made by the User or their trainer;
misuse of the outputs;
outages or failures of third-party services.

13.2 Liability is limited to the extent permitted by the applicable law of the EU and the Slovak Republic.

14. Termination of Use

14.1 The User may:

cease using the Application at any time;
delete their account.

14.2 The Service Provider may terminate the account upon breach of these Terms.

15. Complaints and Consumer Rights

15.1 The User shall have rights pursuant to:

EU law on digital services;
Slovak consumer protection law.

16. Dispute Resolution

All legal disputes shall be governed by the law of the Slovak Republic.

16.2 The User may have recourse to:

the courts of the Slovak Republic;
ADR;
the EU platform: https://consumer-redress.ec.europa.eu/index_en.

17. Amendments to the Terms

17.1 The Service Provider may amend these Terms at any time.

17.2 The User shall be notified of any amendment within the Application.

17.3 The User has the right to reject any amendment and to discontinue use of the Application.

18. Contact Details

18.1 Correspondence address for contacting the responsible person:

MindX, s. r. o., registered office: Potočná 169/85, 909 01 Skalica

e-mail address: adam@mindx360.eu

19. Licence Terms (EULA)

The User is granted a limited licence to use the MindX 360 Application on the following terms:

19.1 Scope of Licence

The Service Provider grants to the User a non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Application solely for personal and non-commercial purposes.

19.2 Restrictions

The User shall not:

copy, modify or distribute the Application;
carry out reverse engineering;
circumvent any security features;
use the Application for any unlawful purpose.

19.3 Proprietary Rights

The Application, including its software, AI models, databases and content, is the exclusive property of the Service Provider or its partners.

19.4 Termination of Licence

The licence shall terminate upon:

deletion of the Application;
breach of these Terms;
discontinuation of the service by the Service Provider.

19.5 Third Parties – Apple

The User acknowledges that:

the Application is distributed through Apple Inc.;
Apple is not a party to these Terms;
Apple bears no liability for:
- the content of the Application;
- its maintenance;
- support.

Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and shall have the right to enforce these Terms against the User.

19.6 Device Compliance

The User is permitted to use the Application only on devices that they own or control and in accordance with the App Store rules.

20. Disclaimer of Medical and Professional Liability

20.1 Non-Medical Nature of the Service

MindX 360:

is not a medical device;
does not provide healthcare;
does not replace medical diagnosis or treatment.

This is fully consistent with the declarations set out in the Privacy Policy.

20.2 Nature of Recommendations

All outputs of the Application:

are informational and advisory in nature;
are based on algorithmic processing of data;
are not binding in nature.

20.3 AI and Accuracy Limitations

The User acknowledges that:

AI models may be inaccurate or incomplete;
results are probabilistic in nature;
they may not reflect the User’s current state of health.

20.4 Responsibility for Decisions

Sole responsibility for training decisions, athletic load or health-related decisions rests with the User, their trainer or a relevant specialist.

20.5 Recommendation to Seek Advice

The User is advised to:

consult the results with a qualified specialist;
not rely on the Application as the sole basis for any decision.

21. Service Availability (SLA)

21.1 Availability Target

The Service Provider shall endeavour to ensure service availability of 99% per month (best effort basis). This availability target represents a best effort service level and is not legally binding.

21.2 Scheduled Maintenance

The Service Provider is entitled to carry out:

maintenance;
updates;
security interventions.

The User shall be notified by appropriate means.

21.3 Exclusions from Availability

The following shall not be counted towards the SLA:

internet outages on the part of the User;
outages of cloud services (e.g. Microsoft Azure);
events of force majeure;
third-party attacks (e.g. DDoS attacks).

21.4 Technical Support

The Service Provider provides support:

by e-mail: support@mindx360.eu
within a reasonable period having regard to the severity of the issue.

21.5 No Guarantee of Continuous Availability

The Service Provider does not guarantee continuous availability and shall not be liable for any damages arising from outages.

22. Limitation of Liability

22.1 Liability shall be limited to the total amount paid by the User in the preceding 12 months.

22.2 The Service Provider shall not be liable for:

indirect or consequential damages;
loss of profit;
decisions made by the User or their trainer;
outages or failures caused by third parties.

22.3 This clause shall apply to the extent permitted by applicable law and shall not affect any statutory consumer rights.

23. B2B Provisions for Clubs

23.1 Where the customer is a Club:

the controller of personal data is the Club;
MindX acts as a processor;
the contractual relationship shall be governed by a separate SaaS/DPA agreement;
the Club shall bear responsibility for the lawfulness of data processing.

23.2 The User undertakes to indemnify and hold harmless the Service Provider against any and all claims, damages, losses, fines or costs (including legal costs) arising out of:

the User’s breach of these Terms;
misuse of the Application;
infringement of third-party rights.

24. AI Act Readiness

The Service Provider undertakes to ensure compliance with the emerging AI regulation of the European Union.

The AI systems within the Application are designed to:

be transparent;
not make automated decisions with legal effect;
enable human oversight.

24.3 The User has the right to receive an explanation of how the AI functions.