Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the MindClay website, applications, and related services (collectively, the “Platform”), operated by MindClay, Inc. (“MindClay,” “we,” “us,” or “our”).

By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1. Nature of the Platform

MindClay provides a digital platform offering creative, reflective, and expressive activities, including (but not limited to) visual art, writing, music, and movement-based experiences.

MindClay does not provide medical, mental health, physical therapy, or clinical services, and does not diagnose, treat, or prevent any medical or psychological condition. The Platform is intended as an adjunct tool that may be used independently or at the discretion of a licensed provider as part of their own professional services.

2. No Medical or Clinical Advice

Content and activities on the Platform are provided for informational and experiential purposes only and are not a substitute for professional judgment, medical advice, diagnosis, or treatment.

If you are a provider, you retain full responsibility for:

• determining whether MindClay is appropriate for a given client,
• selecting and assigning activities,
• providing any necessary instructions, modifications, or safeguards,
• obtaining informed consent consistent with your professional obligations.

If you are an end user, you are responsible for deciding whether and how to engage with any activity and for seeking professional advice when appropriate.

3. Movement and Physical Activities

Some MindClay activities may involve physical movement, body awareness, or somatic engagement.

By using the Platform, you acknowledge and agree that:

• you participate in any movement-based activity voluntarily and at your own discretion,
• you are responsible for acting within your physical limits and comfort level,
• you will stop any activity that causes pain, dizziness, discomfort, or concern.

MindClay does not provide physical instruction, supervision, or safety guarantees and makes no representations regarding the suitability of any activity for any individual.

4. Assumption of Risk

You understand and agree that use of the Platform, including participation in creative or movement-based activities, involves inherent risks. To the fullest extent permitted by law, you assume all risks arising from your use of the Platform.

5. User Accounts

Some features require account registration. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You agree to provide accurate information and to use the Platform in compliance with all applicable laws and professional standards.

6. Acceptable Use

You agree not to:

• use the Platform for unlawful purposes,
• interfere with or disrupt the Platform,
• misrepresent your professional credentials,
• attempt to access data or accounts not authorized to you.

MindClay reserves the right to suspend or terminate access for violations of these Terms.

7. Privacy

Your use of the Platform is subject to our Privacy Policy, which describes how we collect, use, and protect personal information. The Privacy Policy is incorporated into these Terms by reference.

8. Data and HIPAA Disclaimer

MindClay is designed to support privacy-conscious use and may be used by providers in a manner consistent with applicable regulations. MindClay does not represent or warrant that the Platform itself constitutes HIPAA-compliant services, nor does it act as a covered entity or business associate unless expressly agreed in writing.

Providers are responsible for ensuring their own regulatory compliance.

9. Intellectual Property

All content, software, and materials on the Platform are owned by or licensed to MindClay and are protected by intellectual property laws. You may not copy, distribute, or create derivative works without permission, except as expressly permitted through normal use of the Platform.

10. Disclaimer of Warranties

The Platform is provided “as is” and “as available.”

MindClay disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free, or suitable for any specific outcome.

11. Limitation of Liability

To the maximum extent permitted by law, MindClay shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including personal injury, arising out of or related to use of the Platform.

MindClay’s total liability for any claim shall not exceed the amount paid by you to MindClay in the twelve (12) months preceding the claim, or USD $100 if no fees were paid.

Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless MindClay and its officers, directors, employees, and affiliates from any claims arising out of your use of the Platform, your violation of these Terms, or your professional services provided to others.

13. International Users

MindClay is based in the United States. If you access the Platform from outside the U.S., you do so at your own initiative and are responsible for compliance with local laws.

14. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be brought exclusively in the state or federal courts located in California.

15. Changes to These Terms

We may update these Terms from time to time. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms, contact:

MindClay, Inc.
[email protected]