Terms of Service

This Terms of Service ("Terms","Agreement") is entered into between MindPower (HONGKONG) Limited ("MindPower","We","Our"), a Hong Kong incorporated entity, and the individual or entity accepting these Terms ("Customer", "User", "You", "Your"), whereby Customer's access to and use of MindPower's hardware, software solutions (including the product KnowmeType), and related digital interfaces (collectively, "Services") constitutes:

(i) express consent to be bound by these Terms; and

(ii) acknowledgment of MindPower's Privacy Policy (available at Privacy Policy) detailing data collection, processing, and sharing practices.

To access the Services, you must be: At least 13 years old if residing in the United States; At least 16 years old if residing outside the United States. If you are under 18 years old, applicable law in certain jurisdictions may require:

(i) Your parent or legal guardian to consent to these Terms; and/or

(ii) These Terms to be executed by your parent or guardian on your behalf.

1. Account Obligations

To access the Services, you must establish an account and warrant that all provided information ("Registration Data") is and will remain accurate, complete, and current during the Agreement term. MindPower reserves the right to utilize Registration Data for lawful business purposes, including service communications and compliance verification. You bear sole liability for: (i) maintaining credential confidentiality; (ii) implementing commercially reasonable safeguards against unauthorized access (e.g., device security and NIST-compliant password policies); and (iii) immediately notifying MindPower via registered mail or secure portal upon actual or constructive knowledge of account compromise. You strictly covenant not to disclose credentials or permit third-party account access, except under a separate written agreement executed by MindPower.

2. Your Content

A. Content. You retain all ownership rights in your content submitted to the Services ("User Content"). To enable MindPower's provision of the Services, you hereby grant to MindPower and its third-party service providers a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable license to:

(i) reproduce, modify, distribute, transmit, display, store, and export User Content; and

(ii) perform all acts reasonably necessary and incidental to providing, improving, and protecting the Services.

You represent and warrant that:

(i) such licensed use will not infringe any third-party rights (including but not limited to copyrights, trademarks, privacy/publicity rights, contractual rights, or trade secrets); and

(ii) such use complies with all applicable laws (including Digital Millennium Copyright Act and GDPR Articles 6/9 where applicable).

B. AI Inputs and Outputs. Your submission of audio, text, graphics, photos, videos, or other materials ("Input") to MindPower's large language models (LLMs) or artificial intelligence features ("AI Features") generates corresponding outputs ("Output"; collectively "Customer Content"). As between you and MindPower, you retain all ownership rights in Input and own all Output to the extent permitted by applicable law, with MindPower hereby assigning to you all right, title, and interest in Output. You grant MindPower a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to access, reproduce, modify, distribute, transmit, export, display, and store Customer Content solely for purposes reasonably necessary and incidental to:

(i) Providing, maintaining, and securing the Services;

(ii) Improving service functionality excluding model training; and

(iii) Complying with legal obligations under Digital Millennium Copyright Act and GDPR Articles 6/9 where applicable.

Notwithstanding the foregoing, your control over model training usage is governed by an opt-in mechanism within the Services' settings. You represent and warrant that Customer Content's licensed use will not infringe any third-party rights (including copyrights, trademarks, or privacy rights) or violate applicable laws.

C. DISCLAIMER OF OUTPUT ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDPOWER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OUTPUTS GENERATED BY THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(i) Outputs may contain material inaccuracies irrespective of their apparent detail or specificity;

(ii) Outputs do not constitute correct, current, or complete information;

(iii) You shall independently verify the accuracy of Outputs prior to any reliance; and

(iv) No legal liability shall attach to MindPower for any loss or damage arising from reliance on Outputs.

D. Third-party outputs & intellectual property disclaimer. You expressly acknowledge that:

(i) Due to the inherent nature of generative AI models, Outputs may lack uniqueness and may resemble or be identical to derivative works generated from third-party inputs ("Third-Party Outputs");

(ii) Third-Party Outputs do not constitute your Outputs under this Agreement; and

(iii) You waive any claim to right, title, or interest in Third-Party Outputs, including copyright, trademark, or trade secret claims arising from similarity.

E. Compliance review & content disclaimer. MindPower reserves the right, but not the obligation, to review your conduct and content ("User Content") for compliance with these Terms. You expressly acknowledge and agree that:

(i) MindPower acts solely as a neutral intermediary for User Content transmission;

(ii) MindPower disclaims all liability for User Content accuracy, legality, or non-infringement; and

(iii) You bear sole responsibility for ensuring User Content complies with all laws and third-party rights.

3. Restrictions

A. General. Your use of the Services shall strictly comply with all applicable laws, including export controls. You expressly covenant not to engage in the following prohibited acts:

(i) System Integrity Violations: Breaching security measures; reverse engineering source code or algorithms; accessing non-public system areas; or network vulnerability probing absent authorized bug bounty programs;

(ii) Service Disruption: Interfering with services via viruses, overload attacks, or spam; creating unauthorized accounts via scraping/bulk methods; circumventing storage limits;

(iii) Illicit Content & Fraud: Disseminating child exploitation materials, extremist violence, or protected-class hate speech; committing payment fraud (e.g., illegitimate chargebacks); recording speech without consent under applicable wiretap laws;

(iv) Rights Infringement: Publishing fraudulent, defamatory, or IP-infringing material; falsifying source identifiers (spoofing/phishing); reselling Services without authorization .

B. Special Restrictions on Use of AI Features. You will not and will not permit anyone else to:

use the AI Features or any Output to infringe any third-party rights; use the AI Features or any Output to develop, train or improve any AI or machine learning models; represent any Output as being approved or vetted by MindPower; represent any Output as being an original work or a wholly human-generated work; use the AI Features for automated decision-making that has legal or similarly significant effects on individuals, unless it does so with adequate human review and in compliance with applicable laws; or use the AI Features for purposes or with effects that are discriminatory, harassing, harmful, or unethical.

You covenant not to (and shall ensure no third party will):

(i) Use AI Features or Outputs to infringe third-party rights, including copyrights and publicity rights;

(ii) Develop, train, or improve AI/ML models using AI Features or Outputs, except for fine-tuning solely for internal use without redistribution;

(iii) Represent Outputs as approved or vetted by MindPower, which may constitute false endorsement;

(iv) Misrepresent Outputs as wholly human-generated works, as such claims violate FTC "Human Origin" labeling rules and may trigger the Digital Millennium Copyright Act liability;

(v) Deploy AI Features for automated decision-making with legal/significant individual impacts absent: (a) Human review meeting GDPR Article 22 standards; and (b) Algorithmic impact assessments under proposed U.S. Algorithmic Accountability Act;

(vi) Utilize AI Features for discriminatory, harassing, or unethical purposes, including protected-class discrimination prohibited by 42 U.S. Code§2000e.

C. Violations. MindPower reserves the exclusive right, in its sole discretion, to impose immediate remedial measures for policy violations, including but not limited to:

(i) Removal or disabling access to infringing content;

(ii) Temporary suspension of user access pending investigation compliance with due process requirements;

(iii) Termination of accounts for material breaches;

(iv) Permanent service bans for repeat violations.

4. Our Services

Subject to and conditioned upon your ongoing compliance with all payment obligations and terms herein, MindPower hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license (the "License") to access and use the Services solely for internal purposes pursuant to these Terms. You may download client software ("Software") as part of the Services, provided that:

(i) Your use of the Software is strictly ancillary to accessing the Services and complies with UCC §2-606 acceptance protocols ;

(ii) Any open-source components within the Software are governed by their applicable license terms, which shall expressly supersede conflicting terms herein under Jacobsen v. Katzer (535 F.3d 1373); and automatic updates do not expand the License scope beyond the original grant under Specht v. Netscape (306 F.3d 17).

5. Beta testing provision

MindPower may release designated products or features in pre-release evaluation status (collectively, "Beta Materials"), identified by "beta," "preview," or comparable labels. Beta Materials:

(i) Are provided "AS IS" without warranties of any kind;

(ii) Require user participation in feedback mechanisms including interviews/surveys;

(iii) May bear "Confidential" designations until public launch, triggering Defend Trade Secrets Act protections against disclosure;

(iv) Grant MindPower sole discretion to modify/terminate access, with material breach of confidentiality constituting irreparable harm justifying injunctive relief.

6. Third-Party Services Integration

MindPower may integrate application programming interfaces ("APIs") or other services operated by third parties ("Third-Party Services"), including but not limited to integrations with Large Language Models (e.g., DeepSeek, OpenAI, Qwen, Siliconflow) for output generation ("Outputs"). User acknowledges that:

(i) Third-Party Services operate under their own terms and privacy policies, with providers contractually obligated to delete user data within 30 days per MindPower's Data Usage Policy ;

(ii) MindPower does not make any representations or warranties with respect to Third-Party Services. MindPower irrevocably disclaims all warranties regarding Third-Party Services under UCC§2-316, including fitness for purpose and continuous availability ;

(iii) MindPower is not responsible for the operation of any Third-Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third-Party Services. Any failure of Third-Party Services shall not constitute a breach by MindPower, with user waiving claims for service disruption under Specht v. Netscape (306 F.3d 17) .

(iv) Notwithstanding any contrary terms herein, MindPower reserves the right to immediately suspend or terminate Services upon thirty (30) days' prior written notice if third-party cost increases (including but not limited to API fees, data licensing charges, or infrastructure expenses) materially impact service delivery economics. In such event: (a) Users may accept adjusted pricing via written consent, triggering binding fee amendments under UCC§2-209; or (ii) MindPower may substitute functionally equivalent alternatives to maintain service continuity, provided such alternatives comply with Jacobsen v. Katzer (535 F.3d 1373) open-source license compatibility requirements. User's continued use after notice constitutes irrevocable acceptance of new terms under Specht v. Netscape (306 F.3d 17).

7. MindPower's Intellectual Property

MindPower exclusively owns all rights, title, and interest in the Services, including copyrights, trademarks, trade secrets, and other intellectual property under U.S. and foreign laws. These Terms grant you no license, right, or claim to MindPower's IP or third-party content within the Services. You expressly covenant:

(i) Not to modify, translate, reverse engineer, or create derivative works of the Services;

(ii) To waive all moral rights in Feedback under Gilliam v. ABC (538 F.2d 14), granting MindPower a perpetual, royalty-free, and irrevocable license to use Feedback without attribution or compensation;

(iii) To acknowledge that Feedback utilization survives termination and is exempt from confidentiality obligations per DTSA§1836(3)(B).

8. Unilateral Rights Reservation

MindPower may exercise the following rights at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law):

(i) Modify or replace Service functionality, change parts or all of the Services and their functionality;

(ii) Suspend or discontinue parts or all of the Services;

(iii) Terminate, suspend, restrict or disable your access to or use of parts or all of the Services;

(iv) Terminate, suspend, restrict or disable access to your accounts or parts or all of your content;

(v) Change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Services in that jurisdiction);

(vi) Implement changes effective immediately upon posted notice.

9. Privacy

By using the Services, you confirm that you have read and understood our Privacy Policy, which describes how we handle your personal information. (available at Privacy Policy)

10.EU GDPR Compliance Addendum

MindPower shall fully comply with Regulation (EU) 2016/679 by:

(i) Enabling EEA users to exercise data subject rights under Articles 15-21, including access/portability of machine-readable data, rectification/erasure ("right to be forgotten"), processing restriction/objection to automated decisions, and consent withdrawal without impairing prior lawful processing;

(ii) Processing EEA personal data only upon explicit legal grounds per Article 6 (contract performance, legitimate interests with DPIA under Art. 35, or explicit consent for sensitive data), while providing transparency notices detailing third-country transfers;

(iii) Ensuring cross-border transfers to third countries implement EU-U.S.

(iv) Maintaining operational compliance through DPO appointment (Art. 37), 72-hour breach notifications to authorities and affected users (Arts. 33-34), and GDPR-compliant data processing agreements (Art. 28) with third-party processors.

11. Paid Services

A. Payment. Certain parts of the Services are paid or premium services. You can add paid features to your account ("Paid Services"). MindPower will automatically bill you from the date you sign up for a Paid Service, and on each periodic renewal until cancellation. Access to Paid Services triggers automatic recurring billing from subscription commencement until cancellation. Subscriptions require advance renewal notice via account-registered email. User bears all applicable taxes, with MindPower collecting where legally mandated. If you are on a Paid Services, MindPower may send you a notice email or an APP notice reminding you that your subscription plan is about to renew within a reasonable period of time prior to the renewal date.

B. Cancellation. You may cancel your Paid Services at any time. Refunds are only issued if required by law. Paid Services will remain in effect until canceled or terminated under these Terms. If you do not pay for your Paid Services in a timely manner, we reserve the right to suspend such Paid Services. Non-payment entitles MindPower to suspend access without liability.

C. Payment Processor. We use third party payment processors (each, a "Payment Processor") to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms and you consents to payment data sharing.

D. Fee Adjustments. MindPower reserves unilateral rights to modify fees upon 30-day written notice. Continued use post-notice constitutes acceptance; rejection requires pre-effective-date cancellation per UCC§2-209.

12. Termination

A. Termination: You may cease using Services at any time. MindPower reserve rights to suspend or terminate access upon reasonable notice for: (i) Material breaches of these Terms; (ii) Risk of harm to MindPower or users; or (iii) Twelve (12) months of inactivity or unpaid accounts. MindPower may discontinue Services due to: (i) Force Majeure events per UCC§2-615; (ii) Legal compliance requirements; or (iii) Business discontinuance decisions.

Notice will be provided where feasible. Prepaid fees for unused service periods will be pro-rata refunded within forty-five (45) days, except where prohibited by state law.

B. Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. WARRANTY DISCLAIMERS

A. NO WARRANTIES. AS-IS BASIS. TO THE MAXIMUM EXTENT PERMITTED BY THE UNIFORM COMMERCIAL CODE (UCC) AND APPLICABLE STATE LAWS (INCLUDING CALIFORNIA CIVIL CODE§1792), MINDPOWER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

(i) IMPLIED WARRANTIES OF MERCHANTABILITY (UCC§2-314);

(ii) FITNESS FOR A PARTICULAR PURPOSE (UCC§2-315);

(iii) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; AND

(iv) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF PERFORMANCE, ACCURACY, OR UNINTERRUPTED OPERATION. SPECIFICALLY, MINDPOWER MAKES NO REPRESENTATION THAT THE SERVICES OR OUTPUTS WILL: (A) COMPLY WITH USER REQUIREMENTS OR ACHIEVE INTENDED RESULTS; (B) OPERATE WITHOUT INTERRUPTION, ERROR, OR VULNERABILITY TO MALICIOUS CODE; OR (C) BE FREE FROM HARMFUL COMPONENTS. THIS DISCLAIMER SUPERSEDES ALL PRIOR ORAL/WRITTEN REPRESENTATIONS AND CONSTITUTES THE EXCLUSIVE REMEDY FOR WARRANTY CLAIMS, SUBJECT ONLY TO MANDATORY CONSUMER PROTECTION LAWS.

B. Exceptions. Under certain circumstances, some jurisdictions do not permit the disclaimers in this Section, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in these Terms affects your statutory rights or rights under mandatory laws.

14. LIMITATION OF LIABILITY

A. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ENFORCEABLE UNDER GOVERNING LAW (INCLUDING UCC§2-719 AND STATE CONSUMER STATUTES), MINDPOWER EXPRESSLY DISCLAIMS LIABILITY FOR: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES; (ii) LOST PROFITS, REVENUES, DATA, USE, GOODWILL, OR INTANGIBLE LOSSES; ARISING FROM: (A) ACCESS/USE INABILITY OF SERVICES OR OUTPUTS; (B) THIRD-PARTY CONDUCT OR CONTENT; (C) CONTENT/OUTPUTS OBTAINED FROM SERVICES; OR (D) UNAUTHORIZED ACCESS/ALTERATION OF TRANSMISSIONS. MINDPOWER ASSUMES NO LIABILITY FOR: (1) ERRORS, INACCURACIES, OR OMISSIONS IN CONTENT/OUTPUTS; (2) UNAUTHORIZED ACCESS, SERVICE INTERRUPTIONS, OR MALWARE TRANSMISSIONS; (3) LOSSES RESULTING FROM CONTENT MADE AVAILABLE VIA SERVICES. FURTHER, MINDPOWER EXERCISES NO CONTROL OVER THIRD-PARTY SERVICES INTEGRATED WITH THE SERVICES, AND DISCLAIMS RESPONSIBILITY FOR THEIR CONTENT, PRIVACY POLICIES, OR PRACTICES. THIS LIMITATION APPLIES TO ALL CLAIMS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, BUT SHALL NOT LIMIT LIABILITY FOR: (A) BODILY INJURY; (B) FRAUD OR WILLFUL MISCONDUCT; (C) GROSS NEGLIGENCE UNDER RESTATEMENT (SECOND) OF TORTS §500; OR (D) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

B.EU USERS. IF YOU ARE AN EU USER, MINDPOWER IS LIABLE UNDER STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE BY MINDPOWER, OUR LEGAL REPRESENTATIVES, DIRECTORS OR OTHER VICARIOUS AGENTS. AN "EU USER" MEANS A NATURAL PERSON ACTING FOR PURPOSES OUTSIDE THEIR TRADE, BUSINESS, CRAFT OR PROFESSION (AS OPPOSED TO A USER FOR BUSINESS OR COMMERCIAL PURPOSES) HABITUALLY RESIDING IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM.

15. Indemnification

Indemnification. To the maximum extent enforceable under governing law, you shall defend, indemnify, and hold harmless MindPower, its officers, directors, employees, and agents from and against all losses, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms; (b) your Content, including Customer Content; or (c) your violation of applicable laws or regulations relating to these Terms or the Services; provided, however, that your obligations shall not apply to the extent solely attributable to MindPower's material breach of these Terms or, for EU users, to the extent such consequences were not reasonably foreseeable under objective standards at the time of the triggering event. This indemnity survives termination of these Terms and covers third-party claims except where expressly prohibited by mandatory consumer protection laws.

16. Dispute Resolution

A. Informal Resolution. Before initiating any claim against MindPower, you agree to initiate good faith negotiations by providing written notice of the dispute (including claim details and proof of relationship) to support@mindpowerhk.com. Both parties shall engage in settlement discussions via email, phone, or other mutually agreed methods for 60 days from receipt of such notice. Formal proceedings may only commence if unresolved after this period.

B. Judicial Forum. Subject to mandatory arbitration provisions below, any judicial proceedings relating to these Terms or the Services shall be brought exclusively in the federal or state courts of San Francisco County, California. Both parties irrevocably consent to venue and personal jurisdiction therein; provided, however, this clause does not supersede statutory rights of consumers to bring disputes in their local courts under applicable consumer protection laws .

C. Mandatory Arbitration Provisions. You and MindPower agree to resolve any claims relating to or arising from these Terms or the Services through dispositive individual arbitration by a single arbitrator, except as expressly stated in the "Exceptions to Agreement to Arbitrate" section. This encompasses disputes regarding the interpretation, scope, enforceability, revocability, or validity of this arbitration provision. The arbitrator may award relief only to the extent necessary to redress your individualized claims, and shall not award relief on behalf of others or the general public (collective/class actions barred). Right to Opt-Out: You may decline this arbitration agreement by notifying MindPower at support@mindpowerhk.com within 30 days of initial account registration or acceptance of these Terms, specifying "Arbitration Opt-Out" in the subject line. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, and conducted in the U.S. county where you reside, San Francisco (CA), or any mutually agreed location. Arbitration fees and costs shall be allocated under JAMS Rules, including sanctions for frivolous claims under Rule 24(e).

D. Exceptions to Agreement to Arbitrate. Notwithstanding the foregoing arbitration provisions: (i) Small Claims Actions: Either party may pursue claims within the jurisdictional limits of the small claims court in San Francisco, California, or any U.S. county where you reside or work. (ii) Equitable Relief: Either party may seek injunctive relief in court to prevent: (a) unauthorized use or abuse of the Services; or (b) infringement of intellectual property rights (including trademark, trade secret, copyright, or patent), without first engaging in arbitration or informal dispute resolution. (iii) Exclusive Jurisdiction: If arbitration is deemed unenforceable for your claim, you irrevocably consent to the exclusive jurisdiction of state and federal courts in San Francisco, California for resolution.

E. NO CLASS OR REPRESENTATIVE ACTIONS. TO THE MAXIMUM EXTENT ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT AND APPLICABLE STATE LAW: (1) YOU MAY RESOLVE DISPUTES WITH MINDPOWER ONLY ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION; (2) CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS OR PROCEEDINGS ARE EXPRESSLY PROHIBITED; AND (3) NO ARBITRATOR OR COURT SHALL HAVE AUTHORITY TO CONDUCT ANY ARBITRATION OR LITIGATION ON A CLASS, REPRESENTATIVE, OR CONSOLIDATED BASIS. THIS PROHIBITION SURVIVES TERMINATION OF THE AGREEMENT AND APPLIES TO ALL CLAIMS, WHETHER BASED ON CONTRACT, STATUTE, REGULATION, OR TORT.

F. Severability A. General. If any portion of this Arbitration Section is held invalid or unenforceable, the remainder shall remain in full force and effect; provided, however, that if such partial invalidity would permit class or representative arbitration, the entire Arbitration Section shall be void​ (subject to the blue-pencil test under Restatement (Second) of Contracts §184). B. Non-Waivable Rights Exception. If a court determines that you possess a non-waivable statutory right to bring a claim or seek relief (including public injunctive relief) that the arbitrator lacks authority to redress under this Section, such claim or relief may be pursued in court. All other claims shall proceed in arbitration, and litigation of the excepted claim/relief shall be ​stayed pending resolution of the arbitrated claims.

17. Modifications

A. General Severability. If any portion of this Arbitration Section is invalidated, the remainder remains enforceable; provided, however, if such invalidity would permit class or representative arbitration, the entire Arbitration Section is void.

B. Non-Waivable Rights: For claims or relief requiring judicial redress, litigation may proceed solely for that claim. All other claims shall be arbitrated, and court proceedings for the excepted claim shall be stayed pending arbitration resolution.

18. Controlling Law

These Terms will be governed by California law except for its conflicts of laws principles. However, some countries or regions, including those in the EU, P.R. China, Hong Kong SAR, have laws that require agreements to be governed by the local laws of the user's country. This paragraph does not override those laws.

19. Copyright

MindPower respects third-party intellectual property rights. We will respond to valid DMCA notices submitted through our designated Copyright Report Form. Upon confirming a notice's compliance with 17 U.S.C.§512(c)(3), we may expeditiously remove or disable access to allegedly infringing content. We reserve the right to terminate accounts of users who engage in actual, apparent, or repeat infringement, without refunds, consistent with DMCA§512(i)(1)(A) and our enforcement discretion.

20.Authorized Users

Users represent that all Authorized Users possess full legal capacity to be bound by this Agreement under applicable law.

A. Liability Attribution. You assume direct liability for all acts and omissions of Authorized Users. Any breach of these Terms by an Authorized User constitutes your breach.

B. Compliance Obligation. You shall implement reasonable control measures to:

 (i) ensure Authorized Users are aware of these Terms; and

 (ii) enforce their compliance with all applicable provisions.

C. Definition. "Authorized User" means any individual (employee, consultant, contractor, or agent) directly associated with your organization and authorized to use the Services solely for your benefit under this Agreement.

21.General Provisions

A.Entire Agreement. These Terms constitute the complete and exclusive statement of the agreement between you and MindPower regarding the subject matter hereof, superseding all prior agreements, whether oral or written. B. No Waiver. MindPower's failure to enforce any right or provision does not waive such right or provision. C. Severability. If any provision is held void or unenforceable:  (i) It shall be replaced with a valid provision reflecting the parties' original intent as closely as possible;  (ii) All other provisions remain fully effective. D.Assignment.  (i) You may not assign any rights hereunder without consent; any attempted assignment is void ab initio.  (ii) MindPower may assign its rights to any Affiliate, successor-in-interest, or entity acquiring substantially all assets related to the Services.