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Terms of Service

Last updated: October 1, 2026

These Terms of Service (“Terms”) govern your access to and use of BriteMind’s websites, mobile applications, artificial-intelligence features, conversational services, voice features, messaging services, Family Mode, integrations, tools, content, subscription services, and related consumer products and services (collectively, the “Service”).

The Service is operated by BriteMind, Inc., an Idaho corporation (“BriteMind,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN IMPORTANT PROVISIONS REGARDING BINDING INDIVIDUAL ARBITRATION, A CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER, A JURY-TRIAL WAIVER, LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS ON THE TIME IN WHICH CERTAIN CLAIMS MAY BE BROUGHT.

By creating an account, purchasing or using a subscription, clicking or otherwise affirmatively indicating your acceptance of these Terms, or accessing or using the Service after being presented with these Terms, you agree to be bound by these Terms and any Policies properly incorporated into them.

If you do not agree, do not use the Service.

1. Contracting Party

Your consumer agreement is with BriteMind, Inc., an Idaho corporation.

For purposes of provisions that expressly protect them, the term “BriteMind Parties” means:

A person or entity is not a BriteMind Party merely because that person or entity owns an economic interest in BriteMind or an affiliated entity.

Certain authorized advisors, endorsers, spokespersons, ambassadors, referral sources, consultants, professional advisors, and their contracting entities may receive the protections expressly described in Sections 6 and 53, but only to the extent a claim arises from conduct undertaken within the authorized scope of their BriteMind-related relationship.

BriteMind, Inc. remains the provider of the consumer Service unless expressly stated otherwise.

BriteMind Pro, enterprise, API, healthcare-provider, employer-sponsored, educational, public-sector, institutional, professional, or other non-consumer services may be governed by separate or supplemental terms.

2. Policies Incorporated Into These Terms

BriteMind may maintain policies or supplemental terms addressing particular aspects of the Service, including:

A Policy is incorporated into these Terms only if it is published, accessible, and expressly linked or otherwise presented to you as applicable to your use of the Service.

BriteMind will not treat an unpublished or inaccessible policy as contractually binding on you merely because it is listed in this Section.

If there is a conflict among applicable documents:

  1. product-specific supplemental terms control solely for the product or feature to which they expressly apply;
  2. the Privacy Policy controls with respect to processing of personal information;
  3. these Terms control generally; and
  4. other incorporated Policies control within their respective subject matter.

Nothing in any Policy eliminates or restricts rights that applicable law makes nonwaivable.

3. Eligibility and Age Requirements

You must be at least 13 years old, or the minimum age required by applicable law in your jurisdiction if higher, to use the consumer Service.

If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian where required by law.

A parent or legal guardian who authorizes a minor’s use represents that the parent or guardian:

BriteMind may:

BriteMind does not knowingly permit children under 13 to maintain independent consumer accounts except through a service that BriteMind expressly identifies as intended for such users and operates in accordance with applicable law.

4. What BriteMind Is

BriteMind provides AI-assisted conversational, emotional-wellness, reflection, personal-development, coaching, productivity, relationship, parenting, faith, journaling, business, leadership, and related support tools.

Depending on features available to you, BriteMind may help users:

BriteMind is software.

BriteMind is not a human being and does not possess consciousness, emotions, intentions, independent judgment, or professional licensure.

5. Not Medical Care, Therapy, or Professional Advice

BRITEMIND IS NOT A MEDICAL PROVIDER, MENTAL-HEALTH TREATMENT PROVIDER, PSYCHOTHERAPIST, PSYCHIATRIST, PSYCHOLOGIST, PHYSICIAN, OR OTHER LICENSED HEALTHCARE PROFESSIONAL.

Unless expressly provided through a separate regulated service governed by separate written terms, BriteMind does not provide:

Use of the consumer Service does not create a physician-patient, therapist-patient, psychologist-patient, attorney-client, fiduciary, financial-adviser, clinical, or other professional relationship.

Information and Output generated through BriteMind are intended for general information, reflection, coaching, support, personal-development, and wellness purposes.

They are not substitutes for advice, diagnosis, treatment, or judgment from an appropriately qualified professional.

You remain responsible for your own decisions and actions.

6. Doctors, Therapists, Advisors, Endorsers, and Other Third Parties

BriteMind may have relationships with physicians, therapists, psychologists, coaches, researchers, advisors, investors, endorsers, spokespersons, ambassadors, referral sources, employers, schools, healthcare organizations, integration partners, or other third parties.

Their relationship with BriteMind does not, by itself, mean that they:

Investment in BriteMind or ownership of an economic interest in BriteMind, its parent, an affiliate, or an entity holding an interest in BriteMind does not, by itself, create a professional, clinical, fiduciary, partnership, joint-venture, or agency relationship with any user.

Therapists, coaches, employers, schools, Family administrators, referral sources, integration providers, healthcare professionals, and similar third parties are not BriteMind’s agents, employees, fiduciaries, or professional representatives merely because they are referenced by, interact with, integrate with, invest in, endorse, promote, or provide services relating to the Service.

No third party has authority to make legally binding commitments on behalf of BriteMind unless BriteMind expressly grants such authority in writing.

To the fullest extent permitted by law, an authorized advisor, endorser, ambassador, spokesperson, consultant, referral source, or similar service provider, including an entity through which that person contracts with BriteMind, may receive the protections of Sections 31 through 33 and Sections 35 through 47 solely with respect to a claim arising from conduct undertaken within the authorized scope of that party’s BriteMind-related services.

7. Crisis, Emergency, and Safety Limitations

BRITEMIND IS NOT AN EMERGENCY OR CRISIS SERVICE. DO NOT RELY ON BRITEMIND FOR EMERGENCY OR CRISIS RESPONSE. If you or another person may be in immediate danger, may harm yourself or another person, may be experiencing a medical or psychiatric emergency, or otherwise requires immediate intervention, contact appropriate emergency services immediately. In the United States, call 911 for emergencies. You may also call or text 988 to reach the Suicide & Crisis Lifeline.

BriteMind cannot guarantee that it will:

You remain responsible for seeking appropriate real-world emergency, medical, mental-health, or professional assistance.

Do not delay seeking such assistance because of anything communicated through BriteMind.

8. No General Duty to Monitor or Intervene

Except to the extent required by applicable law or expressly agreed by BriteMind in a separate written agreement signed by an authorized representative, BriteMind has no general duty to review, monitor, investigate, respond to, escalate, report, contact emergency services regarding, or otherwise take action concerning any user communication, conversation, condition, conduct, or circumstance.

BriteMind may voluntarily use:

The voluntary use of any such measure does not, by itself, create a continuing duty to monitor, detect, review, intervene, contact emergency services, prevent harm, or take similar action in the future, except to the extent such a duty is imposed by applicable law or expressly undertaken in a separate written agreement.

BriteMind may, but is not obligated to, take action it reasonably considers appropriate for safety, legal compliance, abuse prevention, fraud prevention, Policy enforcement, or protection of users, third parties, BriteMind, or the public.

Taking action in one circumstance does not create a continuing or general duty to monitor or intervene in another circumstance.

No safety feature guarantees human monitoring, emergency intervention, detection of harm, or prevention of harm.

9. Artificial Intelligence; Output May Be Wrong

BriteMind uses artificial intelligence and may rely upon third-party models, software systems, information sources, technologies, and service providers.

Artificial intelligence is probabilistic.

Output may be incorrect, incomplete, inconsistent, misleading, outdated, inappropriate, biased, fabricated, offensive, or unsuitable for your circumstances.

BriteMind may misunderstand facts, timing, identity, intent, emotional state, tone, relationships, symptoms, or context.

You acknowledge that:

  1. AI Output may contain errors.
  2. Output should not be relied upon as the sole source of truth.
  3. Output should not replace qualified professional judgment where professional judgment is appropriate.
  4. You are responsible for evaluating Output before relying upon, publishing, communicating, or acting upon it.
  5. You remain responsible for decisions and actions based upon Output.
  6. Similar or identical Output may be provided to other users.
  7. Output may not be unique.
  8. Output may contain information subject to third-party rights.
  9. BriteMind does not guarantee the accuracy, completeness, originality, suitability, legality, or reliability of Output.

10. High-Impact Uses and Professional Use

You may not use the Service or Output as the sole or determinative basis for a decision, assessment, recommendation, classification, ranking, or action that produces significant legal, medical, safety, financial, or similarly consequential effects on another person.

This includes decisions relating to:

You may not use BriteMind to independently diagnose, prescribe for, clinically triage, clinically monitor, or determine treatment for another person.

Appropriate human review and independent professional judgment must be used where appropriate or legally required.

Use of consumer BriteMind or consumer Output within a professional, clinical, therapeutic, employment, educational, governmental, insurance, legal, financial, institutional, or other regulated workflow is undertaken at the user’s own risk and does not convert the consumer Service into a professional or regulated service.

Such use may constitute a prohibited use, may require use of BriteMind Pro or another separately contracted service, and may give rise to indemnification obligations under Section 33 where applicable.

11. Personal and Emotional Reliance

BriteMind may communicate in a supportive, conversational, empathetic, personalized, or companion-like manner.

These characteristics are generated by software.

BriteMind is not a human companion.

You should not interpret BriteMind’s conversational style as evidence that the Service:

BriteMind does not guarantee continuity of a particular AI personality, model, voice, communication style, memory, recommendation, feature, or relationship-like experience.

These may change, reset, become unavailable, or behave differently over time.

The conversational, personalized, empathetic, supportive, or companion-like characteristics of the Service do not create a special relationship, fiduciary relationship, professional relationship, custodial responsibility, duty of care, or contractual obligation to monitor, protect, advise, intervene, or act on your behalf beyond duties expressly imposed by applicable law or expressly undertaken by BriteMind in a separate written agreement.

12. Family Mode and Minors

Family Mode may permit a subscription administrator to invite or manage other family participants.

A Family administrator represents and warrants that the administrator:

Family-administrator status does not, by itself:

What a Family administrator may view, manage, control, receive notifications about, export, delete, or restrict will depend on functionality expressly disclosed through Family Mode and applicable law.

BriteMind may provide minors with different:

Where legally required, BriteMind may obtain verifiable parental or guardian consent.

You may not use Family Mode to:

Except to the extent required by applicable law or expressly described in the Service, BriteMind does not undertake a general duty to supervise, investigate, verify, or police a Family administrator’s relationship with another participant or the administrator’s use of information or controls made available through Family Mode.

Parents and guardians remain responsible for appropriate supervision.

BriteMind is not a substitute for parental supervision, school counseling, professional therapy, medical care, or other professional support appropriate for a minor.

No Family Mode feature guarantees that BriteMind will identify, report, or prevent every safety concern involving a minor.

13. Accounts and Security

You agree to provide accurate and complete account information.

You are responsible for protecting account credentials, securing your devices and communications accounts, activity occurring through your account, preventing unauthorized use, and promptly notifying BriteMind of suspected unauthorized access.

Do not share account credentials except where expressly authorized.

Where the Service provides separate participant accounts, each person should use their own account identity.

BriteMind may require verification of identity, age, payment information, account ownership, or security information.

14. User Content

“User Content” means content you provide through the Service, including prompts, messages, journal entries, voice inputs, audio, recordings, documents, images, uploads, feedback, instructions, connected-service information, and other information submitted through the Service.

You retain any ownership rights you have in User Content.

You represent that you have the legal right to provide User Content, that your User Content complies with applicable law and does not violate another person’s rights, and that you have obtained any permissions or consents required by law.

You grant BriteMind a worldwide, non-exclusive license to host, process, reproduce, transmit, modify, display, analyze, and otherwise use User Content as reasonably necessary for purposes described in these Terms and applicable privacy disclosures.

Those purposes may include:

15. Data Categories, AI Training, and Human Review

BriteMind may distinguish among different categories of information, including:

Private Conversation Content. Private chats, journals, prompts, voice transcripts, and similar private interactions.

Account and Security Data. Information necessary to operate, authenticate, secure, and administer accounts.

Service Telemetry. Technical information concerning product operation, performance, devices, feature usage, security, and reliability.

Safety-Review Content. Content processed or reviewed for safety, abuse prevention, incident investigation, legal compliance, Policy enforcement, or protection of users or third parties.

Feedback. Content intentionally provided as feedback, ratings, suggestions, evaluations, bug reports, or similar communications.

De-identified or Aggregated Information. Information processed so that it does not reasonably identify an individual, subject to applicable law.

Model-Training Content. Content specifically used to train or fine-tune machine-learning models.

BriteMind may process these categories as described in its then-current Privacy Policy and, if published and applicable, its AI Training and Human Review Notice.

BriteMind will not use Private Conversation Content to train general-purpose AI models except where that practice is expressly disclosed and any consent required by applicable law has been obtained.

BriteMind may use appropriately protected information for security, safety, abuse detection, incident response, quality evaluation, troubleshooting, BriteMind-specific service improvement, legal compliance, and other disclosed purposes.

Where human review may occur, BriteMind will disclose such access to the extent required by applicable law and will implement reasonable access controls.

16. Health, Biometric, and Sensitive Information

Certain features may process information that could constitute:

Such information will be processed as described in applicable privacy and feature disclosures.

Do not assume information submitted to the consumer Service is protected by the U.S. Health Insurance Portability and Accountability Act (“HIPAA”).

HIPAA applies only where applicable law makes it applicable and, where necessary, where BriteMind has entered into an appropriate written agreement.

BriteMind Pro or healthcare-specific offerings may be governed by separate contractual and regulatory requirements.

17. Voice, Recordings, Likeness, and Communications

Voice features may involve audio capture, transcription, storage, analysis, synthesis, processing by third-party providers, and synthetic voice Output.

Synthetic voice Output is generated by software and should not be understood as a human person speaking.

Before submitting, recording, uploading, transmitting, analyzing, synthesizing, or otherwise processing another person’s voice, likeness, communications, health information, personal information, biometric information, or other protected information, you represent that you have obtained all notices, permissions, and consents required by applicable law.

You may not use BriteMind for:

BriteMind may restrict voice features in particular jurisdictions where necessary for legal, technical, or safety reasons.

18. SMS and Telecommunications

If you provide a telephone number and consent to communications, you authorize BriteMind and its service providers to send messages consistent with that consent and applicable law.

Marketing communications will be sent only where appropriate consent has been obtained.

Consent to marketing messages is not a condition of purchase.

Message and data rates may apply. Message frequency may vary.

Where applicable, reply STOP to unsubscribe and HELP for assistance.

Carriers are not responsible for delayed or undelivered messages.

BriteMind may use automated technologies where disclosed and legally permitted.

19. Output Ownership and Use

As between you and BriteMind, and to the extent BriteMind owns rights in Output specifically generated for you, BriteMind assigns those rights to you, subject to applicable law, third-party rights, these Terms, and the fact that similar Output may be provided to others.

Output may not be unique.

BriteMind does not represent that Output is copyrightable or free of third-party rights.

You are responsible for reviewing Output, determining its suitability, complying with applicable law and third-party rights, and deciding how to use or distribute it.

You may not use Output in unlawful, prohibited, deceptive, or prohibited high-impact contexts.

20. BriteMind Intellectual Property

BriteMind and its licensors retain all rights in the Service, software, interfaces, trademarks, logos, designs, systems, proprietary prompts, workflows, models, configurations, databases, technology, documentation, and other proprietary materials.

Except as expressly granted, no rights are transferred to you.

You receive a limited, personal, revocable, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

21. Competitive Use, Scraping, and Model Extraction

Except where applicable law expressly provides otherwise, you may not:

Nothing in this Section prohibits activity expressly protected by applicable law.

22. Feedback

If you voluntarily provide suggestions, recommendations, evaluations, ratings, bug reports, ideas, or other feedback, you grant BriteMind the right to use such feedback without compensation or restriction, subject to applicable law and applicable privacy disclosures.

23. Acceptable Use

You may not use the Service unlawfully or to:

BriteMind may investigate suspected misuse and restrict or terminate access where appropriate.

24. Export Controls and Sanctions

You may not access or use the Service in violation of U.S. export-control laws, sanctions, embargoes, restricted-party rules, or other applicable international trade requirements.

You represent that you are not:

25. Copyright and DMCA

BriteMind respects intellectual-property rights.

If you believe content made available through the Service infringes your copyright, you may submit a copyright notice containing the information required by applicable law.

BriteMind may:

Copyright notices and counter-notices may be submitted to:

BriteMind, Inc.
Attn: Copyright Agent
1550 West Horizon Ridge Parkway, R592
Henderson, Nevada 89012
United States

Email: legal@britemind.ai

Additional procedures may be described in any Copyright and DMCA Policy published and linked by BriteMind.

26. Subscriptions and Automatic Renewal

Certain features require payment.

By purchasing a recurring subscription, you authorize BriteMind or its payment processor to charge your selected payment method at the disclosed price and frequency, plus applicable taxes, until canceled.

Subscriptions automatically renew unless canceled in accordance with the applicable cancellation process.

Before purchase, BriteMind will provide subscription disclosures required by applicable law.

You may cancel using the cancellation mechanism available through your account or another method required by law.

Cancellation generally prevents future renewal charges but does not retroactively refund charges already incurred except where:

BriteMind may change subscription prices.

Where required by law, BriteMind will provide appropriate advance notice before increased pricing applies.

Nothing in these Terms limits nonwaivable rights concerning cancellation, renewal notices, refunds, automatic renewal, free trials, or subscription disclosures.

27. Third-Party Services and Integrations

The Service may interact with third-party products and services, including:

Third-party products are governed by their own agreements and privacy practices.

A third party is not BriteMind’s agent, employee, fiduciary, professional representative, partner, or joint venturer merely because the third party integrates with BriteMind, receives a referral, provides information, appears within the Service, or otherwise interacts with BriteMind.

BriteMind does not control and is not responsible for third-party availability, performance, security, accuracy, conduct, professional judgment, content, policies, or acts or omissions.

Third-party model, hosting, communications, infrastructure, and other service providers may be subject to their own contractual limitations, service restrictions, availability constraints, and technical limitations.

To the fullest extent permitted by applicable law, BriteMind is not responsible for failures, interruptions, errors, omissions, or limitations attributable to third-party systems or providers beyond BriteMind’s reasonable control.

28. Mobile Application Stores

If you obtain BriteMind through Apple’s App Store, Google Play, or another application marketplace, additional marketplace terms may apply.

To the extent required by applicable marketplace rules:

29. No Guaranteed Results

Testimonials, examples, demonstrations, case studies, product descriptions, educational materials, and marketing communications illustrate potential uses and experiences.

Individual results vary.

BriteMind does not guarantee:

30. Non-Reliance on Extracontractual Statements

Except to the extent applicable law provides otherwise, you acknowledge that you are not entering into these Terms in reliance upon any:

that is not expressly incorporated into these Terms or an applicable written agreement authorized by BriteMind.

No person other than an authorized BriteMind representative acting within written authority may alter these Terms on BriteMind’s behalf.

Nothing in this Section:

31. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, OUTPUT, CONTENT, FEATURES, AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BRITEMIND PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

BriteMind does not warrant that:

Some jurisdictions do not permit certain warranty exclusions.

These exclusions apply only to the fullest extent permitted by applicable law.

32. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BRITEMIND PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, MULTIPLE, OR PUNITIVE DAMAGES.

Excluded damages include, to the fullest extent permitted by law, damages arising from or relating to:

These limitations apply regardless of whether a claim is characterized as arising under contract, warranty, statute, negligence, tort, strict liability, misrepresentation, or another legal theory, and even if a BriteMind Party was advised that damages were possible.

32.1 Direct Damages

To the fullest extent permitted by applicable law, any damages recoverable from any BriteMind Party are limited to proven direct damages actually incurred and are subject in all cases to the aggregate liability cap below.

Nothing in this Section limits any remedy that applicable law does not permit BriteMind to limit, including any nonwaivable statutory, equitable, restitutionary, fee-shifting, or other remedy where applicable.

32.2 Aggregate Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL BRITEMIND PARTIES COLLECTIVELY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR THE SAME OR SUBSTANTIALLY RELATED COURSE OF CONDUCT WILL NOT EXCEED THE GREATER OF:

(A) ONE HUNDRED U.S. DOLLARS ($100); OR

(B) THE AMOUNT YOU PAID DIRECTLY TO BRITEMIND FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

32.3 Related Claims Are Aggregated

The liability cap applies collectively and only once to all related claims, causes of action, alleged injuries, events, transactions, occurrences, communications, Outputs, omissions, theories of liability, defendants, and demands arising out of or relating to the same or substantially related acts, omissions, transactions, occurrences, course of conduct, or use of the Service.

For clarity, all claims arising from a common product feature, product update, service interruption, alleged security incident, data practice, model behavior, series of related communications, or common alleged course of conduct will be treated as substantially related to the maximum extent permitted by applicable law.

The liability cap may not be multiplied merely because:

The foregoing limitations apply even if a limited remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability that applicable law prohibits BriteMind from excluding or limiting.

33. Consumer Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the BriteMind Parties from third-party claims, losses, liabilities, judgments, damages, costs, and reasonable attorneys’ fees arising from or relating to:

  1. your unlawful or unauthorized use of the Service;
  2. User Content provided by you;
  3. infringement or violation of another person’s rights by you;
  4. your material violation of these Terms or applicable Policies;
  5. your unauthorized recording, surveillance, impersonation, or processing of another person’s information; or
  6. your use of BriteMind Output in connection with professional, commercial, regulated, or advisory services you provide to another person.

The same protection may apply to an authorized advisor, endorser, ambassador, spokesperson, consultant, referral source, or contracting entity described in Section 6, but only to the extent the third-party claim against that person or entity arises from conduct undertaken within the authorized scope of its relationship with BriteMind and from conduct attributable to you that is described in this Section.

BriteMind will provide reasonably prompt notice of an indemnified claim where practicable.

Failure to provide prompt notice does not eliminate an indemnification obligation except to the extent the delay materially prejudices the defense.

To the extent permitted by applicable law:

Nothing in this Section requires a consumer to indemnify a BriteMind Party for that party’s own conduct where such indemnification is prohibited by law.

This Section survives termination.

34. Informal Dispute Resolution

Before initiating arbitration or litigation, you and BriteMind agree to attempt in good faith to resolve disputes informally.

A written Notice of Dispute must include:

Send notices to legal@britemind.ai or:

BriteMind, Inc.
Attn: Legal Department
1550 West Horizon Ridge Parkway, R592
Henderson, Nevada 89012
United States

The parties will have 60 days after receipt of a substantially complete Notice of Dispute to attempt resolution.

Either party may request a telephone or video settlement conference.

Reasonable accommodations and written alternatives will be available where required by law or reasonably necessary.

Applicable limitation periods will be tolled during this mandatory informal-resolution process to the extent permitted by law.

Except where immediate relief is legally appropriate, neither party may initiate arbitration until this process is completed.

35. Specific Authorization of Arbitration

THIS SECTION REQUIRES SEPARATE OR OTHERWISE SPECIFIC AFFIRMATIVE AGREEMENT WHERE REQUIRED BY APPLICABLE LAW.

If you affirmatively accept the arbitration provision presented to you during account creation, subscription purchase, or another contract-acceptance process, you agree that, except for the limited exceptions stated below, disputes between you and BriteMind will be resolved through binding individual arbitration rather than in court.

You acknowledge that arbitration generally means that there will be no judge or jury and that class, collective, consolidated, and representative proceedings are limited as described below.

Where applicable law requires specific or separate authorization, BriteMind will rely on arbitration only if the required authorization has been obtained.

Failure to provide legally required arbitration authorization does not invalidate the remainder of these Terms.

36. Binding Individual Arbitration

Except for disputes expressly excluded below, you and BriteMind agree that disputes arising out of or relating to:

will be resolved through final and binding individual arbitration rather than litigation before a judge or jury.

The parties acknowledge that the Service involves interstate commerce.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

37. Arbitration Administrator and Procedures

Unless applicable law requires otherwise, arbitration will be administered by National Arbitration and Mediation (“NAM”) under its applicable consumer, comprehensive, supplemental, and mass-arbitration rules.

If NAM is unable or unwilling to administer a dispute, the parties will attempt to agree upon another nationally recognized arbitration administrator.

If they cannot agree, a court of competent jurisdiction may appoint one.

Arbitration should ordinarily proceed by:

If applicable law requires an in-person consumer hearing, the hearing will occur at a legally permissible location reasonably convenient to the consumer or another agreed location.

38. Arbitration Fees

Filing, administration, and arbitrator fees will be allocated according to applicable law, applicable arbitration rules, and these Terms.

Where applicable consumer law requires BriteMind to pay arbitration fees beyond the amount a consumer would ordinarily pay to commence an equivalent court proceeding, BriteMind will do so.

Each party ordinarily bears its own attorneys’ fees unless applicable law authorizes fee shifting, the arbitrator awards fees under applicable law, or another valid agreement provides otherwise.

39. Authority of the Arbitrator

Except for matters that applicable law or these Terms expressly reserve for a court, the arbitrator will determine disputes concerning:

A court, rather than an arbitrator, will decide matters that applicable law requires a court to decide, including, where applicable:

40. Class, Collective, Consolidated, and Representative-Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BRITEMIND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

Neither party may participate as a claimant, plaintiff, or class member in a purported:

except where applicable law makes such a waiver unenforceable.

An arbitrator may award relief only to the individual claimant and only to the extent necessary to resolve that person’s individual claim, unless applicable law requires otherwise.

41. Jury-Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BRITEMIND EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

This waiver applies to disputes subject to arbitration and, to the extent legally enforceable, disputes that proceed in court.

42. Mass Arbitration

If 25 or more substantially similar arbitration demands are submitted against BriteMind within a reasonably close period and are coordinated by the same or coordinated counsel, organizations, or funding sources, they constitute a “Mass Arbitration.”

Mass Arbitrations will be administered pursuant to applicable arbitration-provider mass-arbitration procedures.

To the extent permitted by applicable law and administrator rules, substantially similar cases may proceed through staged batches.

Unless another procedure is required by the administrator, representative bellwether cases may initially proceed in batches of up to 50 individual claims.

Remaining claims may be held in abeyance during initial bellwether proceedings.

Any applicable limitation period for claims held in abeyance will be tolled during an administrator-approved stay.

The parties will participate in good faith in mediation or settlement discussions between stages where reasonably appropriate.

Nothing in this Section authorizes class arbitration, representative arbitration, or consolidated merits determinations unless required by applicable law.

43. Exceptions to Arbitration

Either party may:

  1. bring an eligible individual claim in small-claims court;
  2. seek temporary or preliminary equitable relief reasonably necessary to prevent unauthorized access, intellectual-property infringement, misappropriation, or comparable immediate harm;
  3. pursue a claim that applicable law expressly prohibits from being arbitrated; or
  4. seek judicial determination of a matter expressly reserved for courts.

Nothing deprives a consumer of small-claims, venue, or other rights that cannot lawfully be waived.

44. Arbitration Opt-Out

You may opt out of Sections 35 through 42 by providing written notice within 30 days after first accepting the version of these Terms containing the arbitration agreement.

The notice must include:

Send notices to legal@britemind.ai.

Opting out does not affect any other provision of these Terms.

Where applicable law requires a new opt-out opportunity following a material modification, BriteMind will provide one.

45. Governing Law

Except to the extent applicable law requires otherwise, these Terms and disputes arising out of or relating to them or the Service are governed by the laws of the State of Nevada, without regard to conflict-of-law principles.

The Federal Arbitration Act governs the arbitration provisions.

Nothing in this Section deprives a consumer of substantive rights, choice-of-law protections, venue protections, or other rights that cannot legally be waived.

Where mandatory law requires another jurisdiction’s substantive law to govern a particular claim, that law controls to that extent.

46. Venue for Non-Arbitrable Claims

For disputes not subject to arbitration, and where contractual venue selection is permitted, you and BriteMind consent to personal jurisdiction and venue in the state and federal courts located in Clark County, Nevada.

Where applicable law requires proceedings elsewhere, mandatory law controls.

47. Time Limit for Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES.

If applicable law prohibits shortening a statutory limitation period, a claim involves rights for which limitation periods cannot lawfully be shortened, special rules apply to minors, privacy, or particular statutory claims, or another mandatory rule applies, the legally required period controls.

If a one-year contractual period is unenforceable but a longer contractual period is permissible, the shortest legally enforceable contractual period will apply.

Applicable contractual limitation periods will be tolled during the mandatory informal-dispute-resolution process.

48. Termination and Suspension

You may stop using the Service and close your account at any time, subject to applicable subscription obligations.

BriteMind may restrict, suspend, or terminate access where reasonably necessary because:

Where required by law, BriteMind will provide appropriate notice or refunds.

Provisions that by their nature should survive termination will survive, including intellectual-property provisions, disclaimers, liability limitations, indemnification, dispute resolution, governing law, payment obligations, and rights arising before termination.

49. Changes to the Service

BriteMind continuously develops the Service.

We may:

BriteMind does not guarantee permanent availability of a particular feature, AI model, personality, memory, voice, integration, interface, or functionality.

50. Changes to These Terms

BriteMind may update these Terms from time to time.

For material changes, BriteMind will provide notice appropriate to the nature of the change and as required by applicable law.

Where affirmative consent is legally required, continued use alone will not substitute for the required consent.

Material changes involving arbitration, data-use rights, minors, subscriptions, billing, sensitive-data use, or other significant consumer rights may receive additional notice or require affirmative consent where applicable.

The “Last Updated” date identifies the current version.

If you do not agree with revised Terms, discontinue use of the Service.

51. Electronic Acceptance and Records

You agree that electronic acceptance may create a legally binding agreement and that electronic records may satisfy applicable writing requirements.

BriteMind may retain records regarding:

You may retain or download a copy of these Terms.

52. Assignment

You may not assign these Terms without BriteMind’s prior written consent.

BriteMind may assign or transfer these Terms in connection with a merger, financing, acquisition, reorganization, change of control, sale of assets, corporate restructuring, transfer to an affiliate, or similar transaction, to the extent permitted by applicable law.

53. Third-Party Beneficiaries

The BriteMind Parties are intended third-party beneficiaries of provisions that expressly protect them.

Applicable BriteMind Parties may enforce provisions concerning:

In addition, an authorized advisor, endorser, ambassador, spokesperson, consultant, referral source, or other authorized third-party service provider described in Section 6, including an entity through which such person provides services, may enforce those provisions only to the extent a claim against that person or entity arises directly from authorized BriteMind-related conduct and from the claimant’s use of or relationship with the Service.

Passive ownership or investment alone does not create third-party-beneficiary rights unless the person or entity independently qualifies as a BriteMind Party under Section 1.

Except as expressly provided, these Terms create no other third-party-beneficiary rights.

54. Force Majeure

To the fullest extent permitted by law, BriteMind will not be responsible for failure or delay caused by circumstances reasonably beyond its control, including:

55. U.S. Government Users

If the Service is acquired or used by or on behalf of the United States Government, the Service and related documentation are commercial items and commercial computer software developed at private expense.

Government use is subject to applicable commercial license rights, restrictions, contracts, and law.

Public-sector, law-enforcement, corrections, healthcare, or other institutional deployments may require separate written terms.

56. BriteMind Pro, Business, API, Healthcare, and Institutional Use

These consumer Terms do not by themselves authorize an organization to deploy consumer BriteMind accounts for:

BriteMind Pro, enterprise, API, healthcare, employer, educational, public-sector, and institutional deployments may require:

An organization may not rely solely upon these consumer Terms as authorization for deployment in a regulated workflow.

Use of consumer BriteMind or consumer Output within any professional, clinical, employment, educational, governmental, insurance, financial, legal, healthcare, or institutional workflow is at the user’s own risk, may violate these Terms, and does not create any representation by BriteMind that the consumer Service is suitable, licensed, compliant, validated, or approved for that workflow.

57. No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

A waiver is effective only if expressly made in writing by an authorized BriteMind representative.

58. Severability

Except as specifically provided for dispute resolution, if a provision of these Terms is found invalid or unenforceable, it will be modified or enforced to the maximum extent legally permissible, and the remaining provisions will remain effective.

If a final judicial decision determines that part of the arbitration agreement cannot lawfully be enforced for a particular claim, only the affected portion will be unenforceable unless applicable law requires otherwise.

If invalidation of a class, collective, consolidated, or representative-action waiver would require arbitration to proceed on a class or representative basis to which the parties did not agree, the affected class or representative claim will proceed in court rather than class arbitration, to the extent permitted by applicable law.

Individual arbitrable claims remain subject to individual arbitration to the maximum extent permitted by applicable law.

59. Entire Agreement

These Terms, together with applicable and properly incorporated Policies, subscription terms, product-specific supplemental terms, and any separate written agreement expressly incorporated into your relationship with BriteMind, constitute the entire agreement between you and BriteMind concerning the applicable consumer Service.

They supersede prior or contemporaneous understandings regarding that subject matter.

60. Interpretation

Headings are for convenience only.

“Including” means “including without limitation.”

The singular includes the plural where appropriate.

References to applicable law include applicable statutes, regulations, rules, and binding legal requirements.

These Terms will not be interpreted against either party merely because one party drafted them.

61. Contact Information

Questions regarding these Terms may be directed to:

BriteMind, Inc.
1550 West Horizon Ridge Parkway, R592
Henderson, Nevada 89012
United States

62. Important Reminder

BriteMind is an AI-powered mental-wellness, reflection, personal-support, and coaching platform.

BriteMind is not a substitute for professional medical or mental-health care.

BriteMind is not an emergency service.

If you are experiencing an emergency or believe you may harm yourself or another person, contact appropriate emergency services immediately.

© 2026 BriteMind, Inc. All rights reserved.