Second Mind Terms of Service

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies, and obligations.

The Service

The following terms and conditions (“Terms”) govern all use of the Second Mind website, mobile application (“Mobile Application”), and all content and services available at or through the website and mobile application (the “Service”). By accessing or using any part of the Service, you agree to become bound by the Terms. These Terms govern your access to and use of the Service and constitute a binding legal agreement between you and Second Mind. The Service is owned and operated by Second Mind Labs Inc., however we will refer to our company and service as “Second Mind” to keep it simple.

The Service constitutes a technology platform that enables users to receive real-time relevant information and intelligence during phone calls. The Service provides users with an artificial intelligence engine that intelligently maps data from public data sources such as Wikipedia, Yelp or Foursquare as well as any personal data sources you voluntarily connect with Second Mind.

The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Second Mind’s Privacy Policy) and procedures that may be published from time to time by Second Mind (collectively, the “Agreement”). If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Service. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties. If you do not agree to all the Terms, then you may not access the Service or use any services. The Service is available only to individuals who are at least 18 years old.

Second Mind may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Second Mind may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Second Mind reserves the right, at its discretion, to modify these Terms at any time by posting a notice within the Service. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service following such notification constitutes your acceptance of the terms and conditions of these Terms as modified.

Payment

You will be asked allow the App Store to charge a monthly payment through their App Store subscription or to provide customary billing information your such as name, billing address and credit card information to Second Mind.

You understand that use of the Service may result in charges to you after a one-month free trial. Charges paid by you are final and non-refundable, unless otherwise determined by Second Mind. Also Second Mind will work with third party vendors that offer enhanced intelligence for specific industries, and may charge an additional fee for their data. If you voluntarily accept data for the enhanced third party data sources, you agree to allow Second Mind to charge your account for their fees as well.

All Charges are due immediately and payment will be facilitated by Second Mind using the payment method designated in your Account, after which Second Mind will send you an email notification. You hereby authorize the collection of such amounts via Apple App Store or by charging the credit card provided as part of the Service, either directly by Second Mind or indirectly, via a third party online payment processor or by one of the payment methods described on the Service.

Automated Phone Intelligence Agent

Second Mind will deliver a best-efforts to match relevant information to your phone calls in an automated manner to save you time from searching for data or flipping between applications. This information can include restaurant information, documents, emails, your calendar, images, financial market data, and much more. You will have the option which data sources to connect to Second Mind and understand that our Service will search any connected source in real-time to find the best match to the conversation. Only you will be able to see this data and no other user will have access to such data.

Note-Taking Functionality

Second Mind will also offer the option of automated note creation for each call, which users can see at the end of the call. This feature will not be accessible to all users immediately but once available you have the option of saving the notes or deleting them. We also plan to offer to sync notes to CRM systems such as Salesforce, and which we would be able to write to in order to save you time from maintaining call notes. You will have the option to edit any notes before they are saved.

History Functionality

Second Mind will maintain a history of all your calls as well as events / actions identified during the call. Only you will be able to view this history within the app.

Copyright

All Content, including, without limitation, text, graphics, logos, icons, images, and video clips, is the exclusive property of Second Mind or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is the exclusive property of Second Mind and is also protected by U.S. and international copyright laws. The Content may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited.

Account Registration

In order to access certain features of the Service, you must register to create an account (“Second Mind Account”). You may register to join the Services directly via the Mobile Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, LinkedIn); each such account, a “Third Party Account”, via our Mobile Application, as described below. As part of the functionality of the Service, you may link your Second Mind Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Second Mind through the Service; or (ii) allowing Second Mind to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Second Mind and/or grant Second Mind access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Second Mind to pay any fees or making Second Mind subject to any usage limitations imposed by such third party service providers. By granting Second Mind access to any Third Party Accounts, you understand that Second Mind will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Service via your Second Mind account and Second Mind profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be member content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Second Mind account Service. Please note that if a Third Party Account or associated service becomes unavailable or Second Mind’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. Please note your relationship with the third party service providers associated with your Third Party Accounts is governed solely by your agreement(s) with such third party service providers. Second Mind makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Second Mind is not responsible for any SNS Content.

We will create your Second Mind Account for your use of the Service based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Second Mind Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Second Mind reserves the right to suspend or terminate your Second Mind Account and your access to the Service if you create more than one (1) Second Mind Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You will immediately notify Second Mind of any unauthorized use of your Second Mind Account.

Terminating Your Account

You may close your account at any time by contacting us. We may permanently or temporarily terminate or suspend your user account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of these Terms or for no reason.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SecondMind.ai links, and that link to SecondMind.ai. Second Mind does not have any control over those non-Second Mind websites and webpages, and is not responsible for their contents or their use. By linking to a non-Second Mind website or webpage, Second Mind does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Second Mind disclaims any responsibility for any harm resulting from your use of non-Second Mind websites and webpages.

User Conduct for Content Posted on Service

By submitting content to this Service by electronic mail, postings on this Service or otherwise, including any ratings, reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Second Mind a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Second Mind may choose to provide attribution of your comments or reviews at our discretion. You further grant Second Mind the right to pursue at law any person or entity that violates your or Second Mind’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Second Mind;
  5. Unsolicited or unauthorized spam, promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic; or
  9. Content or links to content that, in the sole judgment of Second Mind, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Service, or (d) which may expose Second Mind or its users to any harm or liability of any type.

Second Mind takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Second Mind liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of services, Second Mind is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other Interactive Area. Although Second Mind has no obligation to screen, edit or monitor any of the content posted on the Service, Second Mind reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.

If it is determined that you retain moral rights in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Second Mind or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Second Mind, and its licensees, successors and assigns, from any claims that you could otherwise assert against Second Mind by virtue of any such moral rights.

Mobile Applications

  1. Our Mobile Software. We make available the Mobile Application to access the Service via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the Mobile Service. Second Mind does not warrant that the Mobile Application will be compatible with your mobile device. Second Mind grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Application for one Second Mind account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Second Mind may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Application is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Second Mind or its third party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of the Mobile Software.
  2. Accessing and Downloading the Mobile Application from iTunes. The following also applies to any Mobile Application you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these terms are solely between you and Second Mind, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and any law applicable to Second Mind as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Second Mind as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Second Mind, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Second Mind acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

Intellectual Property

This Agreement does not transfer from Second Mind to you any Second Mind or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Second Mind. Second Mind, SecondMind.ai, the Second Mind logo, and all other trademarks, service marks, graphics and logos used in connection with Second Mind.com, or the Service are trademarks or registered trademarks of Second Mind or Second Mind’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Second Mind or third-party trademarks.

Changes

Second Mind reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Second Mind may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Restrictions

You are responsible for all of your activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to use the Service. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Second Mind user. Use of the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.

General Disclaimer

You acknowledge that Second Mind has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you accesses via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you take as a result of having been exposed to the Content. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Second Mind makes no representations concerning any content contained in or accessed through the Service, and Second Mind will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

Disclaimer of Warranties

THIS SERVICE IS PROVIDED BY SECOND MIND ON AN “AS IS” BASIS. SECOND MIND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Second Mind DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHR Second Mind NOR ITS SUPPLIERS AND LICENSORS MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS AND UNINTERRUPTED.

Limitation of Liability

In no event will Second Mind, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Second Mind shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) all information supplied by you on this Service is true, accurate, current and complete, (ii) your use of the Service will be in strict accordance with the Second Mind Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside), and (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Second Mind, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Second Mind and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Second Mind, or by the posting by Second Mind of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Second Mind may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Contact

If you have any questions about these Terms or any App Store Sourced Application, please contact Second Mind at feedback@SecondMind.ai.