Terms

‍Terms and Conditions

Effective Date: 26th February 2026

ENGAGEMENT
1. Mynd App Pty Ltd (ACN 671 978 751) (mynd) agrees to provide you (an End User) with the Software Licence granted in clause 3 to use the App in accordance with these Terms and Conditions.
2. You accept these Terms and Conditions by selecting “I agree”, ticking a box, or similar, on the App.
TERM
1. These Terms and Conditions apply:
  1. If you are accessing the App as an Individual; for as long as you hold an active End User Account;
  2. If you are accessing the App as a Corporate User; for the duration of the Corporate Agreement, unless terminated earlier in accordance with these Terms and Conditions

(Term)

USE OF THE APP
1. The App is provided in good faith and is intended to provide mental health and wellbeing education and tools. You may use the App to view information and material and participate in mental wellness activities and programs.
2. If you are under the age of eighteen (18) years, you must have a parent's or legal guardian's permission to use the App and to accept these Terms and Conditions. Your parent or legal guardian agrees to be bound by and abide by these Terms and Conditions on your behalf.
3. You may only use the App: (i) for personal use; or (ii) as part of a program provided by mynd under a Corporate Agreement.
4. You may access the App at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades, for which we will provide you with reasonable notice if practicable. Your ability to access the App may otherwise depend on factors outside of our control and we do not guarantee that the App will be available at all times.
5. The App is currently available on mobile devices running Android OS and Apple iOS. If we decide to extend the availability of the App to other operating systems, platforms or browsers, you may need to download or perform updates if you would like to continue to use the App.
6. Where you download the App via an Appstore (such as the Apple Appstore or the Google Play Store), you acknowledge that you will be subject to additional terms and conditions pursuant to the relevant Appstore terms and conditions (Appstore Terms).
7. When you download and install the App on your mobile device, you may be prompted to allow alerts, badges, banners and sounds from the Application (Push Notifications).
8. If you enable Push Notifications, the App may send notifications to your mobile device, including promotional content relating to mynd and our services, and you acknowledge and consent to receiving them.
9. You may disable Push Notifications at any time through your device or App settings.
10. You acknowledge and agree that:
  1. you are responsible for your use of the App in accordance with these Terms and Conditions;
  2. you must first create an End User Account, and only use the App in compliance with, these Terms and Conditions and all applicable laws;
  3. you must immediately notify mynd if you suspect or become aware of any actual, suspected or potential misuse of the App, breach of these Terms and Conditions, breach of any applicable laws, or anything that a person may do to cause you to be in breach of these Terms and Conditions;
  4. immediately upon receipt of any notice given under clause 3.7(c), mynd may in its sole discretion disable or suspend your End User Account;
  5. you will not harm, harass, abuse, make threats or violate the privacy of any person in connection with your use of the App;
  6. you will not use the App in a manner that may adversely impact the reputation of mynd; and
  7. you indemnify mynd for and against any acts or omissions by you in respect of your use, misuse or abuse of the App.
SUBSCRIPTION
1. To access the App, in addition to creating an End User Account, you may be required to enter into a Paid Subscription.
2. mynd may, from time to time, offer a free trial period, during which you may access a Paid Subscription without paying the Subscription Fee (Free Trial Period). During any Free Trial Period these Terms and Conditions will apply as if you have entered into a Paid Subscription, whereby payment of the Subscription Fee is deferred until the end of the Free Trial Period.
3. If you are subscribing to the App as an Individual, then:
  1. your Subscription Fees must be paid via the relevant Appstore (ie, the Apple Appstore or the Google Play Store) from which you have downloaded the App;
  2. The advertised price of the Subscription Fees will be current at the time of display on the Appstore but may be changed by mynd at any time;
  3. Your Paid Subscription is for either one month or one year as chosen by you via the App (Subscription Term), and will be automatically renewed for further, consecutive periods of the same duration (Renewal Terms) unless terminated earlier in accordance with clause 8;
  4. You will be notified of the renewal price at or prior to the time at which you renew your Paid Subscription in accordance with the relevant Appstore Terms;
  5. Any changes to the Subscription Fees will be effective from the date published and will apply to all new subscriptions or renewals of subscriptions for the relevant Paid Subscription; and
  6. All prices are advertised in Australian dollars and are inclusive of GST.
4. If your use of the App is as a Corporate User, the Subscription Fees will be paid by the Principal on the terms of the Corporate Agreement, but other than the obligation to pay the Subscription Fee you acknowledge and agree that you are bound by, and must abide by, these Terms and Conditions as the End User.
FEATURES
1. No Guarantee of Feature Continuity
  1. The App includes a range of mental health and wellbeing tools designed to support your personal wellness journey. mynd may add, remove, modify, suspend or update any features, functionality or content of the App at any time, without notice and without liability. You acknowledge that:
    1. access to specific features is not guaranteed; and
    2. some features may depend on external providers or technology outside mynd’s control.
2. Wellbeing Check‑Ins and Suggested Activities
  1. The App provides optional check‑in questions designed to help you reflect on your current mental health and wellbeing.
  2. Based on your responses, the App may suggest activities such as journaling, mindfulness exercises, mood tracking, meditation, grounding techniques or similar wellbeing practices. These activities are educational and supportive only and are not medical advice or a substitute for professional mental health care.
3. Reminder Functionality
  1. The App includes an optional reminder feature that allows you to set general reminders, including reminders to take medication or complete suggested wellbeing activities.
  2. The reminder feature is a basic scheduling and notification tool only.
  3. mynd does not monitor or manage your medication, treatment, adherence, or health needs.
  4. You remain solely responsible for managing your medications, treatment plans and any medical requirements.
  5. You must consult your doctor or qualified health professional for advice relating to medication or treatment.
4. Booking Psychologist Appointments
  1. The App may provide functionality enabling you to book appointments with third‑party psychologists or other mental health professionals (Clinical Provider).
  2. This booking functionality is provided for convenience only.
  3. mynd does not provide clinical services and is not responsible for the acts, omissions, advice, guidance or treatment provided by any Clinical Partner.
  4. All health services arranged through the App are the responsibility of the relevant Clinical Provider, and you must review their own terms, policies and qualifications before engaging their services.
YOUR OBLIGATIONS
1. You must:
  1. provide any documentation, information, or material requested by mynd;
  2. install and keep installed any plug-ins or applications on its computer system that are required in order to access and the App;
  3. create an account to access and use the App (End User Account);
  4. use reasonable security measures to prevent unauthorised access to or use of the App;
  5. cooperate with any investigations by mynd relating to outages, security problems, unauthorised use of the App or suspected breaches of these Terms and Conditions or applicable law;
  6. promptly notify mynd of any known or suspected unauthorised use of the End User Account or any other security breach;
  7. comply with all reasonable directions of mynd in connection with the App, including by providing any information or data reasonably requested by mynd;
  8. not use the App for unlawful, obscene, offensive or fraudulent content, or activity or to benefit a third party; and
  9. comply with all applicable laws, including Privacy Laws, in connection with your use of the App and End User Account.
2. mynd makes no warranties that the App is error free or will be accessible on your systems or that your access will be uninterrupted.
3. mynd is under no obligation to make enquiries into, investigate or verify your authorisation to access the App and End User Account on behalf of the Principal.
4. You indemnify mynd and its Affiliates for any loss, cost, damage, claim, or expense suffered or incurred by mynd or its Affiliates as a result of your breach of this clause 6.
INTELLECTUAL PROPERTY
1. Subject to the payment of the Subscription Fees (by yourself or your Principal, as applicable), your compliance with these Terms and Conditions and in relation to Corporate Users, the Principal’s compliance with the Corporate Agreement, mynd grants you a non-exclusive, non-transferable, revocable licence to use the App during the Term for the sole purpose of accessing and using the App in accordance with these Terms and Conditions (Software Licence).
2. You acknowledge and agree that mynd owns all the Intellectual Property Rights in the App and these Terms and Conditions do not transfer or assign ownership of any Intellectual Property Rights in the App to you or any other person.
3. You must not reproduce, copy, distribute, modify, sell, rent, lease, license, sublicense, resell, reverse engineer, decompile, attempt to obtain the source code or algorithms or transfer any part of the App or the content available on the App.
4. You indemnify mynd for any loss, cost, damage, claim, or expense suffered or incurred by mynd in relation to any use of mynd’s Intellectual Property Rights, including the breach of any relevant Software Licence or any further conditions provided by mynd in connection with your use of the App.
5. Subject to these Terms and Conditions, you grant mynd a non-exclusive licence to store, reproduce, use, and deal with Data during the Term in order for mynd to provide the functionality of the App, including:
  1. to provide the Services;
  2. to provide updates or improve the App;
  3. for mynd’s internal business purposes;
  4. as required by law;
  5. to prevent or address any service, security, technical or support issues.
SUSPENSION & TERMINATION
1. If you are a Corporate End User, your Principal may suspend or terminate your Paid Subscription or End User Account at any time at its discretion.
2. mynd may immediately terminate or suspend your Software Licence, Paid Subscription or End User Account by notice if, as determined by mynd in its sole discretion:
  1. For Individuals, if you have failed to pay the Subscription Fees, and for a Corporate Users, if the Principal has failed to pay the Subscription Fees;
  2. mynd believes that you have breached these Terms and Conditions, or have used the App, or End User Account otherwise than for the purposes of, and in compliance with, these Terms and Conditions;
  3. any unauthorised users use the App or access End User Account; or
  4. such action is otherwise required by law or an order of a court or relevant authority, without incurring any liability in respect of that termination or suspension.
3. Individuals may terminate or cancel their Paid Subscription within the App or within their device settings, before the end of the Subscription Term or before the end of the then current Renewal Term.
4. End User Accounts and Paid Subscriptions held by Corporate End Users will automatically terminate following the termination or expiry of the Corporate Agreement.
CONSEQUENCES OF TERMINATION
1. Upon termination of these Terms and Conditions:
  1. your End User Account will be cancelled;
  2. the Software Licence will be terminated;
  3. any licence, access or consent, granted to you ceases immediately;
  4. you must return to mynd any Confidential Information, property and or materials obtained in the course of these Terms and Conditions; and
  5. if terminated by mynd under clause8.2, you must pay mynd any additional costs incurred from or in connection with early termination.
PRIVACY
1. You acknowledge that:
  1. you have read and accepted mynd’s Privacy Policy
  2. it is your responsibility to implement sufficient procedures to ensure the accuracy of Data input and output;
  3. although mynd will take reasonable steps to secure the App, you acknowledge that you access and use the App at your own risk; and
  4. to the best of your knowledge ensure that whatever you input into the App is free of viruses.
LIABILITY & INDEMNITY
1. You indemnify mynd, its Affiliates, and its Personnel from and against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which is suffered or incurred by mynd, its Affiliates, or its Personnel as a result of:
  1. your breach of these Terms and Conditions;
  2. injury, death, or property damage;
  3. fraud, wilful misconduct, or gross negligence; or
  4. any third-party action, claim, demand or proceedings instituted against mynd as a result of your use of the App.
2. To the maximum extent permitted by law, mynd will not be liable for any loss, cost, damage, expense, or claim, suffered or incurred by you in connection with these Terms and Conditions or the App.
3. mynd’s liability to you for any loss or damage however caused that you suffer or incur in connection with these Terms and Conditions is limited to the total Subscription Fees paid to mynd in relation to your End User Account in the 12 months preceding the date of the loss or damage giving rise to a claim.
4. Neither party will be liable to the other party (whether in contract, tort, negligence, breach of statutory duty or otherwise) for any Consequential Loss suffered or incurred by the other party in connection with these Terms and Conditions.
5. Any of these Terms and Conditions which limit or exclude any term, condition or warranty, express or implied, or the liability of mynd will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of these Terms and Conditions where such exclusion, qualification or limitation would be prohibited by legislation.
DISPUTE RESOLUTION
1. A party must not commence court proceedings in relation to a dispute arising under these Terms and Conditions until it has exhausted alternative dispute resolution procedures as set out in this clause, unless the party seeks urgent or injunctive relief.
2. If a dispute arises between the parties arising out of or in connection with these Terms and Conditions, either party may give notice of the dispute to the other party (Dispute Notice). If a Dispute Notice is given:
  1. the parties must negotiate in good faith as soon as possible in an attempt to resolve the dispute;
  2. if the dispute is not resolved within 7 days of the Dispute Notice being issued, the parties’ representatives the parties must meet to resolve the dispute within 14 days; and
  3. if the dispute is not resolved within 21 days of the Dispute Notice being issued, the parties must agree to appoint an independent third party mediator to attempt to resolve the dispute by mediation and the parties must participate in the mediation in good faith. The costs of the mediation will be shared equally between the parties.
3. All communications concerning negotiations made by the disputants in connection with this clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
GENERAL
1. Entire agreement: These Terms and Conditions encompasses the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions and supersedes all prior discussions or agreements.
2. Governing Law & Jurisdiction: These Terms and Conditions is governed by the laws of Victoria, Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria, Australia, and its courts of appeal.
3. Assignment & Novation: You must not assign or novate your rights or obligations under these Terms and Conditions without the prior written consent of mynd. mynd may assign or novate its rights or obligations under these Terms and Conditions on notice.
4. Severability: Each provision of these Terms and Conditions is to be read and construed as a separate and severable provision or part of these Terms and Conditions and if any provision is void or unenforceable then that provision will be severed, and the remainder will be read and construed as though the severable provision does not exist or apply.
5. Subcontracting: You acknowledge and agree that mynd may subcontract the performance of all or any part of its obligations under these Terms and Conditions.
6. Force Majeure: If mynd is unable to comply with its obligations under these Terms and Conditions to a Force Majeure Event, then such obligations shall be suspended while the Force Majeure Event continues and mynd shall not be liable for any loss the End User or Principal suffers, or costs the End User or Principal incurs, as a consequence of the Force Majeure Event.
7. Variation: We may amend, modify or update these Terms and Conditions at any time. Where a change is likely to benefit you or have a neutral or minor adverse impact, we may implement the change immediately by publishing the updated Terms and Conditions without notice. Where a change is likely to have a materially adverse impact on your rights or obligation, we will provide reasonable notice to you prior to publication with an option to terminate your End User Account. Your continued use of the App after any amendment becomes effective constitutes your acceptance of the updated Terms and Conditions.
8. Survival: Any indemnity or obligation of confidence or any other term by its nature intended to survive termination under these Terms and Conditions continues after termination or expiry of these Terms and Conditions.

DEFINITIONS & INTERPRETATION
1. Definitions:

Affiliates means directors, officers, employees, contractors, successors, and related entities and related body corporate, as defined in the Corporations Act 2001 (Cth).

Consequential Loss means any indirect, special or consequential loss (being a loss that does not arise naturally, that is, according to the ordinary course of things, whether or not the parties were aware of the possibility of such loss), or any loss of revenues, loss of reputation, loss of profits, loss of bargain, loss of actual or anticipated savings, theft, loss or corruption of data, cyber security attacks or breaches, loss arising out of any business decisions made as a consequence of using the App or lost opportunities (including opportunities to enter into arrangements with third parties).

Corporate Agreement means the agreement entered into between the Principal and mynd, which allows Corporate Users to access the App.

Corporate User means those End Users that access the App under a Corporate Agreement.

Data means all information, content, data which is transmitted or integrated between mynd and the End User on the App (including information inputted by the End User).

Force Majeure Event means an event that is outside the reasonable control of the affected party and could not have been prevented or avoided by that party taking all reasonable steps including an act of God, natural disaster or extreme weather event including earthquake, cyclone, fire, flood, landslide, lightning, storm, drought; war (declared or undeclared), invasion, act of a foreign enemy, act of terrorism, hostilities between nations, civil insurrection or militarily usurped power, act of public enemy, sabotage, malicious damage, terrorism or civil unrest, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government or government authority or industrial action, disruption or unavailability of the internet, strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party’s subcontractors, failure of any systems or mynd’s third party service provider to provide services, including hosting services but excluding a state of emergency declaration made by a Government, an act of Governmental Authority, an epidemic; or a global or national pandemic.

GST means as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Individual means an individual person that has created an End User Account to use the App in their personal capacity.

Intellectual Property Rights means all present and future rights, whether registered or unregistered or recorded or unrecorded, in or in relation to any copyright; design, patent, trademark, semiconductor, or circuit layout rights (whether or not continued, registered, abandoned or withdrawn); trade, business, company or domain name; and know-how, inventions, processes, confidential information (whether in writing or recorded in any form), database rights or software, and any other proprietary, licence or personal rights arising from intellectual activity in the business, industrial, scientific or artistic fields.

Paid Subscription means the payment of the Subscription Fee to us for registration of your End User Account and access to the App.

Personal Information has the meaning given to it in the Privacy Act.

Personnel means employees, directors, officers, contractors or agents of a party.

App means the application and website which is owned, controlled, managed and maintained and/or hosted by mynd.

Principal means the relevant corporate head customer, who has entered into the Corporate Agreement with mynd.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Laws means any and all applicable Australian State and Commonwealth laws and international laws, regulations, principles, policies and industry codes in relation to data and privacy protection, including but is not limited to the Privacy Act and the Australian Privacy Principles.

Subscription Fees means the subscription fees for access and use of the App plan paid by the Individual (in the case of an Individual End User), or the Principal (in the case of a Corporate User).

Interpretation:

In these Terms and Conditions:

a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
references to a person includes an individual, partnership, joint venture, association, firm or a body, whether incorporated or unincorporated;
a reference to a party includes a reference to the party’s executors, administrators, successors and assigns;
headings are for convenience only and will not affect interpretation of these Terms and Conditions;
where a word or phrase is given a particular definition, other parts of speech and grammatical forms of that word or phrase in these Terms and Conditions will have a corresponding meaning;
a reference to dollars or $ is a reference to Australian dollars;
the singular includes the plural, and vice versa;
“includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.

‍