Terms of Service

Effective Date: 1st November, 2025
Last Updated: 5th November, 2025

1. Introduction

Welcome to ChatMinder. These Terms of Service (“Terms”) govern your use of the ChatMinder messaging platform, including our mobile applications, website, and related services (collectively, the “Service”).

These Terms are written to be accessible to both adults and young people. If you have questions about any section, please contact us at support@chatminder.app.

Please read these Terms carefully before using ChatMinder. By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.

2. Who We Are

ChatMinder is operated by Sudnik Software Ltd, a company registered in England and Wales:

Company Number: 15922754
Email: support@chatminder.app
Phone: 07347 255677

Throughout these Terms, “ChatMinder,” “we,” “us,” and “our” refer to Sudnik Software Ltd.

3. Accepting These Terms

3.1 Agreement to Terms

By registering for an account, accessing, or using the ChatMinder Service, you confirm that:

You have read, understood, and agree to be bound by these Terms
You have read and understood our Privacy Policy
You meet the eligibility requirements set out in Section 5

3.2 Guardian Acceptance

If you are a parent or guardian creating an account for a child under 18, you confirm that:

You have legal parental responsibility for the child/children
You accept these Terms on behalf of yourself and the child
You agree to supervise and be responsible for the child’s use of the Service

3.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ChatMinder regarding your use of the Service.

4. About Our Service

4.1 Core Purpose

ChatMinder is a supervised messaging platform designed to help children and vulnerable individuals communicate safely with friends and family. Our Service provides:

Supervised Messaging: All messages are subject to parental/guardian supervision and approval before being sent or received, based on the supervision level you choose
Channel-Based Communication: Direct messaging and group chats between approved contacts
AI-Assisted Safety (Optional): Artificial intelligence technology to help identify potentially unsafe content in messages
Guardian Controls: Tools for parents/guardians to manage contacts, approve messages, and monitor communications
Multiple Protection Levels: Configurable supervision levels from fully managed to trusted communication

4.2 Service Features

Our Service includes:

Account creation for guardians and protected users
Direct messaging between approved contacts
Group chat functionality
Message approval workflows
Contact management and approval systems
Real-time notifications
AI content analysis (for Premium subscribers)
Guardian dashboard and supervision tools
Multiple guardian support for shared supervision

4.3 Data Storage and Security

Important: Unlike some messaging services:

Messages are stored on our servers (hosted on Microsoft Azure in the UK) and are encrypted at rest
We do not use end-to-end encryption because message content must be accessible for AI analysis and guardian supervision
All communications use HTTPS encryption during transmission
Server-side storage enables guardian oversight, AI moderation, and message history access across devices
You can delete your data at any time by following the process in our Privacy Policy

4.4 What ChatMinder Is Not

Our Service:

Does NOT provide access to emergency services. You cannot use ChatMinder to contact police, fire, ambulance, or other emergency services. Always use traditional phone services (mobile or landline) for emergencies.
Is NOT a replacement for parental supervision. ChatMinder is a tool to assist guardians, not replace their judgment and involvement.
Is NOT anonymous. All users must register with accurate information, and guardians can view protected users’ communications.

5. Eligibility and Account Requirements

5.1 Age Requirements

For Guardians:

You must be at least 18 years old to create a guardian account
You must have legal parental responsibility for any children you add as protected users

For Protected Users (Children):

Children under 13: May use the Service only with explicit parental consent and guardian account setup
Children aged 13-17: May use the Service only with parental consent
Protected users cannot self-register; accounts must be created by their guardian

For Independent Adult Users:

You must be at least 18 years old to create an independent (non-protected) adult account

5.2 Account Registration

You agree to:

Provide accurate information during registration, including your real name, current email address, and phone number
Keep your information up to date and notify us of any changes
Use a valid mobile phone number to receive verification codes
Verify your email address when required
Not impersonate any person or entity
Create only one account unless explicitly authorized by us

5.3 Account Security

You are responsible for:

Maintaining the confidentiality of your password and account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach
Not sharing your account with anyone else

We are not liable for any loss or damage arising from your failure to comply with these security obligations.

5.4 Guardian Verification

We may require guardians to:

Verify their identity through payment information or other means
Provide proof of parental responsibility if requested
Complete additional verification steps for enhanced features

6. Privacy and Your Data

6.1 Privacy Policy

Our Privacy Policy explains:

What personal data we collect
How we use, store, and protect your information
Your rights regarding your data
How AI processes messages
Data retention periods
How to exercise your privacy rights

The Privacy Policy is incorporated into these Terms by reference. Please review it carefully.

6.2 Data You Provide

By using the Service, you grant ChatMinder permission to:

Store your messages on our servers (encrypted at rest) for the purposes of delivering them, enabling guardian oversight, AI analysis, and maintaining message history
Process message content through AI systems to identify potentially unsafe content (if you enable AI protection)
Share information with guardians as required for supervision purposes
Retain data according to our retention policies detailed in the Privacy Policy

6.3 No End-to-End Encryption

You acknowledge and understand that:

Message content is accessible to ChatMinder systems for processing, AI analysis, and guardian supervision
While we use encryption during transmission (HTTPS) and at rest (database encryption), this is not end-to-end encryption
This design is intentional to enable AI safety analysis and guardian oversight
We maintain strict security and confidentiality measures as described in our Privacy Policy

6.4 Children’s Data

All processing of children’s data is conducted with parental consent and in accordance with GDPR, UK Data Protection Act, and the Children’s Code
Guardians can exercise all privacy rights on behalf of their children
We never use children’s data for marketing, advertising, or commercial profiling

7. Guardian Responsibilities

7.1 Core Responsibilities

As a guardian using ChatMinder, you agree to:

Actively monitor and supervise your child’s use of the Service
Review and respond to message approval requests in a timely manner
Approve or reject contacts based on your judgment of safety and appropriateness
Configure appropriate protection levels for your child’s needs
Educate your child about online safety and appropriate communication
Review AI flags and alerts when using AI protection features
Report concerning content immediately using our reporting tools
Keep your contact information current so we can reach you about safety concerns

7.2 Protection Level Selection

You are responsible for:

Choosing the appropriate protection level (Guardian Fully Managed, Guardian Fully Moderated, or Trusted) based on your child’s age, maturity, and circumstances
Regularly reviewing and adjusting protection settings as your child develops
Understanding the implications of each protection level
Monitoring effectiveness of your chosen settings

7.3 Multiple Guardian Coordination

When multiple guardians supervise the same child:

Coordinate supervision responsibilities with other authorized guardians
Respect decisions made by the primary guardian (designated as “owner”)
Communicate concerns to other guardians through appropriate channels
Maintain consistency in supervision approach where practical

7.4 AI Assistance Does Not Replace Supervision

If you enable AI content moderation:

AI is a tool to assist you, not replace your judgment
Review AI-flagged content and make your own decisions
Provide feedback on false positives/negatives to improve the system
Remain engaged with your child’s communications regardless of AI settings
Understand AI limitations as described in Section 9

7.5 Contact Approval

You agree to:

Exercise reasonable judgment when approving or rejecting contact requests
Consider the safety and appropriateness of each contact
Respect your child’s social needs while maintaining appropriate safeguards
Communicate decisions to your child when appropriate

8. Acceptable Use of Our Service

8.1 General Principles

You agree to use ChatMinder only for lawful, authorized, and acceptable purposes. You must not use the Service in any way that:

Violates any applicable law or regulation
Infringes the rights of ChatMinder, our users, or others
Harms or exploits children
Bypasses or circumvents safety features
Compromises the security or integrity of the Service

8.2 Prohibited Content

You must not create, upload, transmit, distribute, or store any content that:

Is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, or discriminatory
Promotes or depicts violence, self-harm, or endangers children
Contains or promotes child sexual abuse material (CSAM) or child exploitation
Promotes illegal activities, terrorism, or criminal conduct
Infringes intellectual property rights, privacy rights, or other rights of any party
Contains malware, viruses, or harmful code
Impersonates any person or entity
Constitutes spam, bulk messaging, or commercial solicitation (unless authorized)
Promotes or facilitates illegal gambling, drugs, or other controlled substances
Contains false, misleading, or deceptive information

Child Safety: Any content that endangers, exploits, or abuses children will result in immediate account termination and reporting to law enforcement and the National Crime Agency’s Child Exploitation and Online Protection Centre (CEOP).

8.3 Prohibited Activities

You must not:

Circumvent supervision: Attempt to bypass guardian approval systems or protection features
Account abuse: Create multiple accounts, share accounts, or use false information
Unauthorized access: Access accounts, data, or systems you’re not authorized to access
System interference: Disrupt, damage, or interfere with the Service’s operation or security
Scraping or harvesting: Use automated means to collect data from the Service
Reverse engineering: Decompile, disassemble, or reverse engineer our software
Commercial misuse: Use the Service for unauthorized commercial purposes
Spam and abuse: Send unsolicited messages, engage in harassment, or abuse reporting tools
Impersonation: Pretend to be someone else or create misleading accounts
Exploitation: Exploit bugs, vulnerabilities, or unintended features for gain

8.4 Reporting Violations

If you become aware of content or conduct that violates these Terms:

Use our in-app reporting tools to flag concerning content
Contact our safety team at support@chatminder.app
For immediate child safety emergencies: Contact local authorities first (police, NSPCC: 0808 800 5000)

We will investigate all reports and take appropriate action, which may include content removal, warnings, account suspension, or reporting to authorities.

9. AI Content Moderation

9.1 AI Features (Premium Subscription)

For Premium subscribers, ChatMinder offers optional AI-powered content moderation to help identify potentially unsafe content, including:

Inappropriate or explicit material
Potential grooming behaviors or predatory language
Bullying, threats, or harassment indicators
Self-harm or suicide-related content
Age-inappropriate material
Other evolving safety risks

9.2 How AI Moderation Works

Processing:

Messages are analyzed through Azure AI Content Safety services
Analysis occurs server-side before or after message delivery (depending on settings)
Content is assigned a safety severity level (Safe, Low, Medium, High)
Guardian-configured actions are applied based on severity levels

Service Provider:

AI processing is provided by Microsoft Azure AI
Messages shared with Azure AI are processed but not retained by Microsoft after analysis
Azure AI does not use your messages to train their models
Processing occurs under strict data processing agreements compliant with GDPR

9.3 AI Limitations

You acknowledge that AI moderation:

Is not perfect and may produce false positives (incorrectly flagging safe content) or false negatives (missing unsafe content)
Cannot replace human judgment or parental supervision
May not detect all harmful content or emerging threats
Requires contextual understanding that only guardians can provide
Depends on model training and may reflect biases or limitations in training data
Cannot understand sarcasm, cultural nuances, or personal relationships perfectly

9.4 Human Oversight

Guardians remain in control of all final decisions about message delivery
Review AI flags and provide feedback to improve accuracy
Trained safety personnel may review highly concerning content under strict confidentiality
You can disable AI moderation at any time while maintaining manual approval workflows

9.5 Your Feedback Improves the System

Report false positives/negatives to help improve AI accuracy
Feedback is voluntary but helps protect all users
Your feedback is aggregated and anonymized for system improvement

10. Subscription Plans and Payments

10.1 Free and Premium Plans

ChatMinder offers:

Free Plan: Basic supervised messaging with manual approval workflows for up to 8 protected users
Premium Plan: Enhanced features including AI message protection for 1-8 protected users, with configurable AI severity thresholds and actions

Full pricing and feature details are available at https://chatminder.app/pricing/.

10.2 Payment Processing

Web Payments: Processed through Stripe
iOS Payments: Processed through Apple’s App Store (via RevenueCat)
Android Payments: Processed through Google Play Store (via RevenueCat)

You agree to be bound by the applicable payment processor’s terms and conditions. ChatMinder does not store your payment card details.

10.3 Subscription Terms

Billing:

Subscriptions are billed in advance on a monthly or annual basis (your choice)
Automatic renewal: Unless you cancel before the renewal date, your subscription will automatically renew
Price changes: We’ll notify you at least 30 days before any price increase
Payment failures: If payment fails, we’ll notify you and may suspend premium features

Cancellation:

You may cancel your subscription at any time
Cancellation takes effect at the end of the current billing period
No refunds for partial billing periods unless required by law
After cancellation, you revert to the Free plan

10.4 Refund Policy

Cooling-off period: UK/EU users have a 14-day cooling-off period for new subscriptions
Service issues: Refunds may be provided if we cannot deliver the Service as described
Discretionary refunds: We may provide refunds in other circumstances at our discretion
App Store/Play Store purchases: Refund requests must be made through Apple or Google, subject to their policies

10.5 Promotional Offers

We may offer promotional pricing or trial periods from time to time
Promotional offers are subject to specific terms communicated at the time
We reserve the right to modify or discontinue promotions at any time

10.6 Taxes

You are responsible for all applicable taxes. Prices displayed may exclude VAT or other taxes depending on your location.

11. Intellectual Property and Licenses

11.1 ChatMinder’s Intellectual Property

ChatMinder and our Service, including all content, features, software, designs, graphics, logos, trademarks, and other intellectual property, are owned by Sudnik Software Ltd or our licensors and are protected by copyright, trademark, and other laws.

You must not:

Use our trademarks, logos, or branding without written permission
Copy, modify, distribute, or create derivative works of our software or content
Remove or alter any copyright, trademark, or proprietary notices
Use our intellectual property in a way that suggests endorsement or affiliation without permission

11.2 Your License to Use ChatMinder

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the ChatMinder Service for its intended purpose, subject to these Terms.

This license does not allow you to:

Use the Service for commercial purposes without authorization
Access or use the Service after termination
Transfer, sublicense, or share your license with others

11.3 Your Content License to ChatMinder

By uploading, submitting, storing, sending, or receiving content through the Service (including messages, profile information, and media), you grant ChatMinder a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, store, distribute, transmit, display, and process your content solely for the purposes of:

Operating and providing the Service to you
Delivering messages to intended recipients
Enabling guardian oversight and supervision
Performing AI content analysis (if enabled)
Storing message history and backups
Complying with legal obligations
Improving the Service using anonymized, aggregated data
Enforcing these Terms and our policies

We do not claim ownership of your content. This license exists only to enable us to provide the Service.

Important: Messages may be retained on our servers for up to 30 days to ensure reliable delivery and are retained in your message history according to our retention policy.

11.4 Your Representations

By submitting content through the Service, you represent and warrant that:

You have the right to share the content and grant the licenses in these Terms
The content does not violate these Terms or any applicable law
The content does not infringe any third-party rights

11.5 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about ChatMinder (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Service without any obligation to compensate you.

11.6 Copyright and Trademark Infringement

If you believe your copyright or trademark has been infringed:

Email us at support@chatminder.app with:
- Your contact information
- Description of the copyrighted work or trademark
- Location of the alleged infringement
- Statement of good faith belief
- Statement of accuracy and authority to act

We will investigate legitimate claims and take appropriate action, which may include removing content or terminating repeat infringers’ accounts.

12. Third-Party Services

12.1 Third-Party Integrations

Our Service may integrate with or link to third-party services, including:

Apple App Store and iCloud
Google Play Store and Google Drive
Payment processors (Stripe, Apple, Google)
Cloud hosting services (Microsoft Azure)
AI services (Azure AI Content Safety)
Firebase for push notifications
Social login providers (Google OAuth)

12.2 Third-Party Terms

When you use third-party services through ChatMinder:

Their terms govern your use of their services
Their privacy policies govern their data practices
ChatMinder is not responsible for third-party services, content, or practices
Review their terms and policies before using their services

12.3 No Endorsement

Links to or integration with third-party services do not constitute endorsement. We make no representations or warranties about third-party services.

13. iOS Licensed Application End User License Agreement

This section applies only to users who download and use the ChatMinder mobile application through Apple’s App Store (“Licensed Application”).

13.1 Acknowledgement

You acknowledge that these Terms are concluded between you and ChatMinder (Sudnik Software Ltd) only, and not with Apple Inc. (“Apple”). ChatMinder, not Apple, is solely responsible for the Licensed Application and the content thereof. These Terms may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions.

13.2 Scope of License

The license granted to you for the Licensed Application under Section 11.2 is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

13.3 Maintenance and Support

ChatMinder is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

13.4 Warranty

ChatMinder is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in Section 16. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be ChatMinder’s sole responsibility.

13.5 Product Claims

You and ChatMinder acknowledge that ChatMinder, not Apple, is responsible for addressing any claims you have or any third party has relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to:

Product liability claims
Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
Claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks (if applicable)

13.6 Intellectual Property Rights

You and ChatMinder acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, ChatMinder, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

13.7 Legal Compliance

You represent and warrant that:

You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country
You are not listed on any U.S. Government list of prohibited or restricted parties

13.8 Third-Party Terms of Agreement

When using the Licensed Application, you must comply with applicable third-party terms of agreement. For example, if the Licensed Application includes VoIP functionality, you must not be in violation of your wireless data service agreement when using such features.

13.9 Third-Party Beneficiary

You and ChatMinder acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the Licensed Application. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof with respect to your use of the Licensed Application.

14. Service Availability and Changes

14.1 Service Availability

We strive to provide reliable Service, but we do not guarantee that:

The Service will be uninterrupted, error-free, or always available
Defects will be corrected immediately
The Service will meet your specific requirements
Results obtained from the Service will be accurate or reliable

Service interruptions may occur due to:

Scheduled maintenance and upgrades
Emergency repairs or security updates
Technical difficulties or equipment failures
Third-party service provider issues
Network or internet connectivity problems
Force majeure events (natural disasters, pandemics, etc.)

14.2 Planned Maintenance

We will provide reasonable notice (typically 24-48 hours) for planned maintenance
Emergency maintenance may occur without advance notice
We’ll minimize disruption where reasonably possible

14.3 Service Modifications

We reserve the right to:

Add, modify, or remove features and functionality
Update, upgrade, or change the Service
Discontinue support for certain devices, platforms, or operating systems
Improve security, performance, or user experience

We’ll provide 30 days’ notice before removing significant features or functionality, except in urgent situations (security threats, legal compliance, abuse prevention).

14.4 Service Discontinuation

If we decide to discontinue ChatMinder entirely:

We’ll provide at least 90 days’ advance notice
You’ll have the opportunity to export your data
Prepaid subscriptions will be refunded on a pro-rata basis
We’ll provide reasonable assistance to help you transition

15. Termination

15.1 Your Right to Terminate

You can stop using ChatMinder at any time for any reason by:

Navigating to Account Settings
Selecting “Delete Account”
Confirming deletion
Following the deletion confirmation process

Effect of termination:

Your account will be permanently deleted
Your data will be deleted according to our retention policy
Subscriptions will be cancelled (no refund for current billing period unless required by law)
You cannot recover your account after deletion

15.2 Our Right to Terminate

We may suspend or terminate your account if:

Immediate termination (no warning):

You violate laws, particularly child safety laws
You post child sexual abuse material or content that endangers children
You engage in illegal activity through the Service
You pose an immediate safety risk to others
You commit fraud or payment violations
You repeatedly violate these Terms after warnings

Termination with warning:

You violate these Terms or our policies in a manner that may be correctable
You abuse reporting systems or harass other users
You engage in spam or commercial misuse
Your account remains inactive for an extended period (typically 24 months)
You fail to pay subscription fees after notice

Process:

We’ll notify you of suspension or termination via email (except where prohibited by law)
You may appeal termination decisions by contacting support@chatminder.app
We’ll provide reasoning for termination unless doing so would compromise security or investigations
For child safety violations, we may report to authorities without notice to you

15.3 Effect of Termination

Upon termination of your account:

Your access to the Service ends immediately
Your data will be deleted according to our Privacy Policy retention schedule
Outstanding payments become due immediately
These Terms end, except provisions that survive termination (see below)

15.4 Survival

The following provisions survive termination of these Terms:

Section 6 (Privacy and Your Data) – retention provisions
Section 8 (Acceptable Use) – consequences of violations
Section 11 (Intellectual Property and Licenses) – license grants
Section 16 (Disclaimers)
Section 17 (Limitation of Liability)
Section 18 (Indemnification)
Section 19 (Dispute Resolution)
Section 21 (General Provisions)

16. Disclaimers

16.1 “As Is” Service

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by law, ChatMinder disclaims all warranties, including but not limited to:

Merchantability: We don’t warrant that the Service is suitable for any particular purpose
Fitness for a purpose: We don’t guarantee the Service meets your specific needs
Non-infringement: We make no representations about third-party rights
Accuracy: We don’t warrant that information provided is accurate, complete, or current
Reliability: We don’t guarantee error-free, uninterrupted, or secure operation
Quality: We don’t warrant any specific level of quality or performance

16.2 AI Disclaimer

AI CONTENT MODERATION IS NOT PERFECT. You acknowledge that:

AI may produce false positives and false negatives
AI cannot replace human judgment or parental supervision
AI models have inherent limitations and biases
AI cannot detect all harmful content or emerging threats
We make no warranties about AI accuracy, reliability, or effectiveness

16.3 Safety Disclaimer

CHATMINDER IS A TOOL TO ASSIST GUARDIANS, NOT REPLACE SUPERVISION.

We cannot guarantee your child’s safety online
Guardians must remain actively involved in supervision
No system can eliminate all risks
Determined users may find ways to circumvent safeguards
Online communication always carries inherent risks

16.4 No Emergency Services

THE SERVICE DOES NOT PROVIDE ACCESS TO EMERGENCY SERVICES.

You cannot use ChatMinder to contact police, fire, ambulance, or other emergency services. Always use traditional phone services for emergencies.

16.5 Third-Party Disclaimer

We are not responsible for:

Third-party services, websites, or content
Actions or content of other users
Device compatibility or performance issues
Internet connectivity or carrier service issues

16.6 Regional Variations

Some jurisdictions do not allow certain warranty disclaimers. If these laws apply to you, some of the above disclaimers may not apply, and you may have additional rights.

17. Limitation of Liability

17.1 Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, CHATMINDER’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

£100 (one hundred pounds sterling), or
The total amount you paid to ChatMinder in the 12 months before the claim arose

17.2 Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, CHATMINDER SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, consequential, or exemplary damages, including:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Loss of goodwill or reputation
- Emotional distress or psychological harm
- Costs of substitute services or products
Damages arising from:
- Your use or inability to use the Service
- Unauthorized access to your account or data
- Actions or content of other users
- Third-party services or content
- Service interruptions, errors, or bugs
- AI moderation errors or limitations
- Deletion or loss of content or data
- Any security breach not caused by our gross negligence

17.3 Professional Diligence

ChatMinder will exercise professional diligence in providing the Service. Provided we have acted with professional diligence, we are not liable for:

Losses not caused by our breach of these Terms
Losses that were not reasonably foreseeable by both parties when you agreed to these Terms
Events beyond our reasonable control (force majeure)

17.4 Legal Requirements

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Breach of statutory rights you have as a consumer that cannot be excluded
Any other liability that cannot be excluded under applicable law

17.5 Regional Variations

If you are in the UK or EU:

You have statutory rights as a consumer that cannot be excluded or limited by these Terms
These limitations of liability do not affect your statutory rights
If we breach these Terms, we may be liable for reasonably foreseeable losses caused by the breach

17.6 Basis of the Bargain

You acknowledge that these liability limitations are a fundamental element of the agreement between us. The fees you pay (if any) reflect these limitations. Without these limitations, we could not provide the Service at current pricing.

18. Indemnification

18.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless ChatMinder, Sudnik Software Ltd, and our officers, directors, employees, agents, affiliates, and service providers (collectively, “ChatMinder Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Service
Your content or any content you submit, post, or transmit through the Service
Your violation of these Terms or any applicable law or regulation
Your violation of any rights of another person or entity
Your negligence or willful misconduct
Content or actions of protected users under your supervision
Unauthorized use of your account that results from your failure to maintain account security

18.2 Defense and Settlement

If we seek indemnification from you:

We’ll notify you of the claim
You’ll cooperate with us in defending the claim
We retain the right to participate in defense with our own counsel at our expense
You may not settle any claim without our prior written consent

18.3 Regional Variations

This indemnification provision applies to the fullest extent permitted by applicable law. Some jurisdictions may limit indemnification obligations.

19. Dispute Resolution

19.1 Governing Law

If you reside in the United Kingdom:

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

If you reside in the European Union:

These Terms are governed by the laws of your country of residence, in accordance with EU consumer protection regulations.

19.2 Jurisdiction

For UK Consumers:

You may bring legal proceedings in the courts of England and Wales, or in the courts of the UK country in which you reside
We may bring proceedings against you in the courts of the UK country in which you reside

For EU Consumers:

You may bring proceedings in the courts of your country of residence
We may bring proceedings in the courts of your country of residence

For Business Accounts:

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales

19.3 Informal Resolution

Before filing any legal claim, you agree to:

Contact us at support@chatminder.app describing the issue
Provide reasonable information to help us understand and address your concern
Attempt to resolve the dispute informally through good faith negotiations
Allow 30 days for us to attempt to resolve the issue

Many disputes can be resolved quickly and satisfactorily through this process.

19.4 Alternative Dispute Resolution

For UK Consumers:

If we cannot resolve your dispute informally, you may have the right to use alternative dispute resolution (ADR)
Information about ADR providers is available from Citizens Advice or the UK European Consumer Centre

For EU Consumers:

EU consumers can access the European Commission’s Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr
You have the right to use ADR in your country of residence

19.5 Small Claims Court

Nothing in these Terms prevents you from bringing a claim in small claims court if your claim qualifies for that venue.

19.6 Class Action Waiver

To the extent permitted by law, you agree that:

Disputes will be resolved on an individual basis
You waive the right to participate in class actions, class arbitrations, or representative actions
You may only seek relief (including monetary, injunctive, or declaratory relief) on an individual basis

This waiver may not apply if prohibited by law in your jurisdiction.

19.7 Time Limitation

Any claim or cause of action arising from or related to these Terms or the Service must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred to the extent permitted by law.

20. Changes to These Terms

20.1 Our Right to Modify Terms

We may modify these Terms from time to time to:

Reflect changes to the Service or new features
Comply with legal or regulatory requirements
Address security, safety, or operational issues
Improve clarity or correct errors
Adjust our business practices

20.2 Notice of Changes

When we make material changes to these Terms:

We’ll notify you at least 30 days in advance via:
- Email to your registered address
- In-app notification
- Notice on our website at chatminder.app/terms-of-service/
We’ll update the “Last Updated” date at the top of these Terms
The updated Terms become effective 30 days after notice (or longer if specified)

20.3 Urgent Changes

We may implement changes immediately without 30 days’ notice if required to:

Comply with legal or regulatory requirements
Address security vulnerabilities or safety issues
Prevent abuse or fraud
Respond to emergencies

In such cases, we’ll notify you as soon as reasonably practicable.

20.4 Minor Changes

We may make non-material changes (such as correcting typos or improving clarity) without notice. Such changes take effect when posted.

20.5 Your Acceptance

Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

If you do not agree with the updated Terms:

You must stop using the Service
You must delete your account before the changes take effect
If you have a paid subscription, you may be entitled to a pro-rata refund for the remainder of your billing period

20.6 Version History

Previous versions of these Terms are archived and available at https://chatminder.app/terms-of-service/archive (when available).

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any supplemental terms you’ve agreed to, constitute the entire agreement between you and ChatMinder regarding the Service and supersede any prior agreements or understandings.

21.2 Supplemental Terms

Certain features or services may be subject to additional or supplemental terms. If there’s a conflict between these Terms and supplemental terms, the supplemental terms govern for that specific feature or service.

21.3 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent.

We may assign or transfer these Terms and our rights and obligations to:

Any affiliated company
A successor in connection with a merger, acquisition, reorganization, or sale of assets
Any third-party by operation of law

If we assign these Terms, we’ll notify you and ensure the assignee honors these Terms. You may terminate your account if you object to such assignment.

21.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by ChatMinder.

21.5 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable:

That provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable
If it cannot be made valid and enforceable, it shall be severed from these Terms
The remaining provisions shall remain in full force and effect

21.6 Force Majeure

ChatMinder is not liable for any failure or delay in performance due to events beyond our reasonable control, including:

Natural disasters (floods, earthquakes, fires, storms)
War, terrorism, riots, or civil unrest
Pandemics or epidemics
Government actions or regulations
Labor disputes or strikes
Internet failures, cyber-attacks, or telecommunications failures
Failures of third-party service providers

21.7 No Third-Party Beneficiaries

These Terms are for your and our benefit only. They do not create any third-party beneficiary rights, except:

The “ChatMinder Parties” in Section 18 may enforce the indemnification provision
Apple Inc. and Apple’s subsidiaries are third-party beneficiaries with respect to the Licensed Application as described in Section 13.9 (iOS users only)

21.8 Export Control

You agree to comply with all applicable export and import control laws, including UK, EU, and international export regulations. You represent that you:

Are not located in a country subject to trade embargo
Are not listed on any government restricted parties list
Will not use the Service for any prohibited purpose under export laws

21.9 Relationship

These Terms do not create any partnership, joint venture, employment, agency, or franchise relationship between you and ChatMinder.

21.10 Language

These Terms are written in English. If we provide a translation, the English version governs in case of conflict.

21.11 Consumer Rights Notice

UK and EU Consumers: Nothing in these Terms affects your statutory consumer rights that cannot be excluded or limited by contract. This includes your rights under the Consumer Rights Act 2015 (UK) or equivalent consumer protection laws in your jurisdiction.

21.12 Data Protection Rights

Nothing in these Terms limits your data protection rights under GDPR, UK Data Protection Act, or other applicable privacy laws. See our Privacy Policy for details.

22. Contact Us

If you have questions, concerns, or complaints about these Terms or the Service:

General Inquiries:

Email: support@chatminder.app
Phone: 07347 255677

Child Safety Concerns:

Email: support@chatminder.app
For emergencies: Contact local police or emergency services immediately

Privacy Questions:

Email: support@chatminder.app
Privacy Policy: https://chatminder.app/privacy-policy/

Legal Notices:

Email: support@chatminder.app
Company: Sudnik Software Ltd, Company Number 15922754

External Resources (Not Affiliated with ChatMinder):

NSPCC (UK): 0808 800 5000
Childline (UK): 0800 1111
CEOP (Report online child abuse): https://www.ceop.police.uk/

Thank you for using ChatMinder. We’re committed to helping families communicate safely online.

By using ChatMinder, you acknowledge that you have read, understood, and agree to be bound by these Terms.