Skip to content
Start Free TrialBook a Demo

Terms of Service

Version
2026-10-30.1
Effective
2026-10-30
Trust center

Version 2026-10-30.1. Effective 2026-10-30.

These Terms govern access to the Mindstamp interactive video service, application, website, players, embed functionality, help materials, and related services. "Mindstamp", "we", and "us" mean AECH CO. "Customer" means the person or organisation that accepts these Terms for an account. "You" means the Customer or person using the relevant service, as the context requires.

"Customer Content" means videos, media, text, questions, responses, files, data, and other materials that a Customer or its users or viewers supplies through the service. "Mindstamp Content" means our software, documentation, website materials, designs, and other content, excluding Customer Content. "Services" means the Mindstamp services made available under the account or an agreed order.

You accept these Terms through the approved account registration, order, or online acceptance process. If you accept for an organisation, you confirm that you have authority to bind that organisation. An ordinary viewer's interaction with a video does not appoint Mindstamp as that organisation's processor or give that viewer authority to bind it.

The Data Processing Agreement forms part of these Terms where we process personal data for the Customer. The applicable transfer schedule forms part of that agreement. The accepted versions are identified in the acceptance record. No separate individual signature is required where the approved online process makes the agreement binding on both parties.

A separately executed agreement applies to the extent it expressly overrides these Terms. These Terms do not change an existing signed agreement through publication alone.

Mandatory transfer clauses take priority over conflicting provisions. Subject to that priority, the Data Processing Agreement takes priority over these Terms for the customer personal data processing it covers. A separately agreed order or contract has the priority stated in that document, subject to mandatory law and transfer clauses.

Our Privacy Policy explains our data handling. It does not replace the Data Processing Agreement, a required transfer instrument, or consent required for a specific processing activity. No provision removes a statutory right or duty that the parties cannot lawfully exclude.

Account registrants must be at least 18 years old and have authority to use the service. Accounts are not transferable without our agreement. You must provide accurate account and billing information and keep it current.

You are responsible for your authorised users and their account activity. Keep authentication credentials confidential, use appropriate access controls, and notify us promptly of suspected unauthorised access or a security incident. We remain responsible for our own security and data protection duties.

Viewer use in training or education is subject to the Customer's lawful authority and required protections. The adult account registration rule does not by itself prohibit a lawful, customer-managed educational video for younger viewers.

We grant the Customer a nonexclusive, nontransferable, revocable right to access and use the Services within its plan and these Terms. The Customer may create and deliver interactive videos to its audience using the supported sharing and embedding functions.

You may not resell or commercially repackage the service as a separate service without our written permission. You may not copy or exploit our software or materials except as these Terms permit or applicable law allows.

You retain your rights in Customer Content. You grant Mindstamp and its authorised service providers the rights to host, store, reproduce, transmit, display, format, and process that content only as needed to provide the Services, carry out your lawful instructions, and meet applicable legal duties. Translation, transcription, and AI processing are included only within the documented service instructions and applicable feature or workflow. An automatic workflow must be described and within those instructions before it processes Customer Personal Data.

After processing ends, those rights continue only as needed for return, deletion, or required legal retention. They do not grant a right to use customer personal data for new purposes.

You determine the purposes of your viewer data processing and the features, identity fields, questions, personalised links, and integrations you use. You must have authority to provide the data and appoint Mindstamp as processor or subprocessor.

You must establish a lawful basis, give required privacy information, obtain required permissions, and comply with applicable data protection, marketing, and device storage rules. If you act for another controller, you must obtain its required authorisation and ensure that your instructions to Mindstamp are within that authority.

Use only the personal data needed for your purpose. For special category data, criminal offence data, or other regulated sensitive information, you must establish any additional conditions required by law and ensure that the processing has suitable protections. If those protections require a change to the agreed processing or service, document and agree that change before the affected processing begins. You must assess and address risks arising from children, sensitive data, or automated decisions in your use case.

Unless Mindstamp has approved the relevant use and processing profile in writing, the Customer must not instruct processing of special category personal data, criminal offence data, or personal data for decisions that have legal or similarly significant effects on an individual. Approval must identify the categories, purpose, enabled features and required protections. Mindstamp may restrict affected processing if a use is outside the agreed profile or required protections are absent. The Customer remains responsible for its lawful authority and instructions, and Mindstamp remains responsible for its own duties.

Mindstamp remains responsible for its duties under the Data Processing Agreement and applicable law. Your responsibilities do not release us from those duties.

Self serve plans use our standard Terms and Data Processing Agreement. We do not sign customer-supplied agreements or negotiate these standard terms on self serve plans. Any custom agreement must be agreed separately in writing by authorised representatives.

The Customer instructs processing through this DPA, the agreed processing profile, and its use of the supported Services. Mindstamp's assistance concerns its own processing and the information available to it. The Customer remains responsible for assessing its purposes, lawful bases, notices and configured uses. Mindstamp does not undertake a routine review of individual customer videos or prepare the Customer's complete compliance assessment. Further instructions that change the agreed processing or require additional services require agreement on scope and any permitted charges. This does not remove required assistance or Mindstamp's duty to identify an instruction that it considers unlawful.

Service support follows the plan or order. Required data protection assistance, information, and audit rights remain governed by the Data Processing Agreement and applicable transfer clauses. A plan price or general support restriction does not remove those duties.

You must comply with applicable laws and third party rights. You must not use the service to:

  • Upload or distribute unlawful content or content that infringes intellectual property, privacy, or other rights.
  • Threaten, defame, unlawfully discriminate, promote violence, or harass others.
  • Disclose another person's private information without a lawful basis or authority.
  • Send spam, unauthorised solicitations, malicious code, or material intended to compromise systems or extract data without authority.
  • Interfere with the service, other users, access controls, or security measures.
  • Reverse engineer or decompile the service, or use our protected materials to create competing products, except where applicable law permits the activity.

We can investigate suspected misuse and remove or restrict content that violates these Terms. We can request correction or removal of reported content. Under these Terms, failure to comply with a removal request within 24 hours can result in restriction or termination. We can act sooner where needed to address unlawful activity or an immediate security risk. Disclosures of personal data remain subject to the Data Processing Agreement, Privacy Policy, applicable transfer clauses, and law.

9 Intellectual property and third party content

Mindstamp and its licensors retain rights in the service, software, documentation, designs, and marks. These Terms do not grant ownership of those materials or permission to use our trademarks beyond permitted service use.

Customers and other contributors are responsible for their content. We do not guarantee the accuracy, legality, or suitability of third party content. We may act on infringement notices and terminate accounts of repeat infringers as required by applicable law.

Third party video hosts, integrations, merchants, and external websites have their own terms. We do not control their services or endorse them through a link or integration. A third party merchant remains responsible for its transactions, fulfilment, billing, and customer service. Our responsibility for Mindstamp-appointed subprocessors is governed by the Data Processing Agreement.

You may link to our website and use supported embed codes. You must not falsely imply endorsement, unlawfully frame our website, or obscure its content or ownership. You must comply with a lawful request to stop an unauthorised link.

AI features and connected agents

AI functions can send Customer Content, transcripts, prompts, voice recordings and related context to the provider appointed for the function. The Provider and Subprocessor Directory identifies Mindstamp-appointed providers. Customer-connected external agents can also receive data through the permissions and tools the Customer authorises; the Customer must review that agent provider's terms. Mindstamp remains responsible for its own access controls, processing and applicable transfer duties.

Controls differ by feature. The organisation AI control applies to Mindstamp MCP. Transcription and other AI functions can have separate triggers, including automatic transcription of eligible trial uploads. A feature or workflow must operate within the documented processing profile and required notices; acceptance of these Terms does not supply every required permission or consent.

The Customer must review AI-generated questions, transcripts, translations, voice and other outputs before relying on or publishing them. Outputs can be inaccurate or unsuitable. Do not use the service for a restricted sensitive or significant automated-decision use without the written approval and protections required by section 6. These responsibilities do not remove Mindstamp's own duties.

No content licence in these Terms grants an unrestricted right to train models on Customer Personal Data. Provider appointments, permitted purposes, account sharing controls, retention and deletion remain subject to the Data Processing Agreement and the agreed processing profile. The AI governance page supplies information; it does not amend an accepted agreement through publication alone.

The applicable plan, checkout, or order states the subscription fees, billing period, limits, and included features. Recurring subscriptions renew as disclosed in that process unless cancelled through the supported billing process. Cancellation takes effect at the end of the paid period unless a separate agreement or applicable law requires another result. A supported pause follows the terms displayed for that option.

You must provide accurate payment information, authorise the applicable charges, and pay fees and applicable taxes. If a payment is dishonoured, you remain responsible for the amount due and any lawful, disclosed charge arising from it. A separately agreed order controls its own payment terms.

The following refund terms apply subject to rights that applicable law does not permit us to exclude.

For an initial monthly subscription, we may, at our discretion, refund 50% of that month's subscription cost if the Customer is not satisfied within the first 7 days. For a subsequent monthly renewal, the corresponding period is the first 3 days of the renewal month.

For an annual subscription, we may refund 75% of the subscription price within the first 30 days, or 50% within the first 90 days. We can refuse a discretionary refund based on usage, intent, and other relevant factors.

If a refund ends the service, the Data Processing Agreement governs return and deletion of customer personal data. A refund does not automatically cause immediate deletion of all records or backups.

We can maintain, update, or change the service and its features. Unless an order states otherwise, these Terms do not provide a service level guarantee. If you disagree with a service change, you can stop using the service, subject to your payment obligations and applicable rights.

Service changes do not authorise processing contrary to the Data Processing Agreement or remove required notices about subprocessors or material processing changes. We remain responsible for the obligations that survive a change or interruption.

Your account continues until terminated under the applicable subscription or agreement. We can suspend or terminate access for a violation of these Terms, unlawful use, or an applicable payment failure. We will comply with any notice and other duties required by law or an overriding agreement.

After termination, stop using the service and do not represent that you have an active account or right to use our materials. This does not require destruction of Customer Content, authorised exports, evidence of the agreement, or records that law permits or requires you to keep.

The Data Processing Agreement governs personal data that remains to be returned, deleted, or lawfully retained. Suspension or termination does not remove its protections or applicable transfer obligations. Provisions concerning intellectual property, accrued payment, confidentiality, data handling, liability, disputes, and other provisions intended to survive remain in effect as applicable.

To the extent permitted by law, the Services and Mindstamp Content are provided "as is" and "as available". We disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We do not promise error-free or uninterrupted service, a particular business result, or that third party content is accurate or suitable.

Service materials do not constitute legal, financial, investment, or other professional advice. You are responsible for your decisions and for checking outputs, including AI outputs, before relying on them.

No disclaimer excludes an express duty in the Data Processing Agreement or mandatory transfer clauses, or a duty that applicable law does not permit us to exclude.

To the extent permitted by law, Mindstamp and its directors, owners, employees, and agents are not liable for indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or lost data arising from use of the Services, even if advised of the possibility.

Subject to mandatory law and mandatory transfer clauses, Mindstamp's total aggregate liability to the Customer arising from the Agreement, including the DPA, or the Services is limited to the subscription fees paid for the affected Services for the one-month period immediately before the first event giving rise to a claim. This is one aggregate limit for all claims, regardless of their legal basis. Related events are treated as one event at the date of the first event. Fees paid annually or for another prepaid period are allocated proportionately over the service period they cover to calculate the one-month amount.

These provisions do not limit a data subject's rights under mandatory law or transfer clauses, a regulator's powers, or liability that cannot lawfully be limited. Mindstamp's required duties, including its responsibility for subprocessors, continue. Preserving a duty does not itself create an additional indemnity or unlimited liability for ordinary contractual damages where a limitation is legally permitted.

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Mindstamp and its partners, officers, directors, employees, agents, subcontractors, successors, assigns, and service providers against third party claims, losses, liabilities, and reasonable legal expenses arising from your violation of these Terms or unlawful use of the Services. This provision does not transfer Mindstamp's own non-excludable data protection duties to you or limit mandatory data subject rights.

Except for mandatory data protection rights and overriding transfer clauses, a controversy or claim arising from these Terms or the Services is subject to binding arbitration under the commercial arbitration rules of the American Arbitration Association. The exception for our action to collect or recover damages for, or obtain an injunction concerning, website operations or intellectual property remains. Arbitration is on an individual basis and is not consolidated with another party's arbitration. It takes place in San Francisco, California. Each party bears half the arbitration fees and costs, subject to applicable law. A competent court can enter judgment on the award.

Either party can seek interim or preliminary relief from a competent court in San Francisco, California to protect its rights pending arbitration. Subject to mandatory law and transfer clauses, California law governs these Terms without regard to conflict of law rules, and the parties submit to the relevant courts in San Francisco.

Subject to mandatory law, the contractual limitation period requires a Customer's cause of action concerning the website or Services to be brought within one year after it arises. This limitation and the arbitration provision do not restrict mandatory data protection remedies, regulator complaints, or the law and courts required by transfer clauses.

The parties are independent contractors. These Terms do not create an agency, partnership, joint venture, employment, or franchise relationship.

If a provision is unenforceable, it is limited to the extent needed for enforceability, and the remaining provisions continue. Failure to enforce a provision is not a waiver. The contract documents identified in sections 2 and 3 are the agreement for their subject matter, subject to any overriding signed agreement.

Customers can keep copies of these Terms and related legal documents for records, legal advice, audits, complaints, and legal proceedings. No restriction on copying Mindstamp materials prevents those uses or a statutory right.

We identify the version and effective date of an approved release. We give required notice of changes and obtain further acceptance where required to make an amendment binding. We do not treat publication alone as acceptance of a new processor or transfer agreement by an existing Customer.

No unilateral amendment retrospectively changes agreed dispute terms for a pending dispute. Amendments cannot reduce mandatory transfer protections except as the applicable clauses permit. If you do not accept a required amendment, the parties address continued service, termination, and data handling under the existing agreement and applicable law.

AECH CO trading as Mindstamp, 550 Teakwood Ave, Satellite Beach, FL 32937, United States. Email [email protected].