Terms of Service

Terms of Service

of the company Transformind s.r.o., reg. No.: 21149496, registered office: Podvinný mlýn 2126/1, 190 00 Prague 9, Czech Republic, file No.: C 397413 administered by the Municipal Court in Prague

1. Introduction

Welcome to Transformind.eu (“Transformind”)! 

These Terms of Service (“Terms”) govern your use of the Transformind website (“Website”) and the provision of our services consisting mainly in creation of AI-assisted transformation recordings (“Services”), including all information, tools and features available to you. All terms, conditions, policies, rules and notices contained or referenced herein are an integral part of these Terms.

1.1 Understanding the Agreement

Your visit to and use of our Website, including use of the Services, is subject to your acceptance of these Terms without any reservations. By accepting the Terms, you become a user (“User”). User means any user of the Website, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or contributors of content. Therefore, please read these Terms carefully before accessing or using our Website and Services. 

By accessing or using the Website or any part thereof, you acknowledge that you have read these Terms and agree to be bound by them. If you do not agree to the Terms without any reservations, you may not access or use the Website and Services.

We reserve the right to refuse our Services to anyone for any reason at any time.

2. Accounts and Memberships

2.1 Account Creation and Registration

To access our Services, the User shall purchase one of the available pricing plans and create an account on the Transformind platform (“Platform”). To create such account (“Account”), the User must provide a valid email address and choose a unique username. The email address and username will be used for all subsequent communications and access to our Services.

The User warrants that all information provided by the User upon registration and contained in the Platform is true, complete and accurate and that the User will promptly notify us of any changes to such information by updating the information in the User’s Account. We are under no obligation to verify the accuracy, precision, timeliness or truthfulness of any information provided by the User.

2.1.1 Account Security

The User is responsible for maintaining the confidentiality of their Account information, including their password. We encourage each User to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) for their Account. The User agrees to accept responsibility for all activities that occur under their Account or password. If the User suspects any unauthorized use of their Account, they should notify us immediately.

We do our best to always deliver great user experience to each Platform User, however, please note that we cannot be responsible for the following conditions which are out of our control: 

1. the availability of your internet connection (including a backup internet connection) with sufficient capacity to run the Platform; 
2. the proper functioning of internet connection between your device and the data centre from which the Platform is operated; and
3. the proper functioning of your software and hardware used in connection with the Platform.

2.1.2 Platform Updates

Because we need to be able to deliver the best experience to each User, we reserve the right to change, modify, update or otherwise upgrade the Platform without notice from time to time or ask the User to install additional updates to the Platform. Updates may change the Platform’s terms, conditions, features, items, mechanics, or any other element of the Platform. 

The User is not entitled to receive any new releases of the Platform, or any updates, upgrades or similar products under these Terms, but we may in our sole discretion, but we are not obligated to, offer any or all of the foregoing to the User. We may provide new releases or otherwise enhance the Platform at any time, in our sole discretion, without any obligation to the User. The User acknowledges and agrees that any new release, update or other enhancement of the Platform may change the Platform’s terms, conditions, features, items, mechanics, or any other element of the Platform. We will not be responsible in any way for the User’s inability to use the Platform as a result of new release, update, upgrade or similar.

2.1.3 User’s Obligations

We provide the Platform and our Services to you and the other Users to enable you improve your well-being. In return, we require that you to comply with the following obligations:

1. use the Platform and the Account only in accordance with the purpose designated by us;
2. create only one Account and refrain from creating multiple Accounts on the Platform;
3. use the Platform and the Account, including all Services, in accordance with these Terms and applicable laws;
4. secure the Account as required and/or as appropriate and implement and maintain standard security processes to protect all Account access data and prevent unauthorized use or unauthorized access to the Account;
5. secure your device against any third party, and thus you accept sole responsibility for all activities that occur under your Account on the device; 
6. maintain the confidentiality of the information necessary to access the Account so that you do not allow the use of the Account by third parties;
7. refrain from intentionally exploiting any bug in the Platform;
8. inform us of any unauthorized use or unauthorized access to the Account and ensure timely revocation / replacement of potentially or actually compromised access data.

Because we have invested a lot of effort into the development of the Platform, you agree that without our express prior written consent, you shall not, and you shall not allow any third party, to: 

1. decompile, disassemble or reverse engineer the Platform, including any Services provided; 
2. remove, modify or obscure any copyright or proprietary notices contained in the Platform or the Services; 
3. use the Platform, including any Services provided, to create a similar or competitive product or service; 
4. gain unauthorized access to the Platform (e.g., through another system or tool); 
5. use the Platform, including any Services provided, in a manner that violates applicable law or violates any third-party privacy or intellectual property rights; 
6. publish, post, upload or otherwise transmit through the Platform or the Services any data that contains viruses, Trojans, worms, time bombs, corrupted files or other computer programs or procedures that are capable of being harmed, harmed, invisibly captured or appropriate any systems, data, personal information or property of someone else; 
7. transmit spam, chain messages or other unsolicited communications through the Platform or the Services; 
8. violate the integrity or security of the Platform, including any Services provided; or 
9. take any action that may or may impose a disproportionate or disproportionate burden on our infrastructure.

2.2 Membership Plans and Payment

We offer the User several membership plans, each available for a one-time payment. These plans provide access to our Services for a specific period of time, with each plan offering a different set of features and access periods.

3. Use of Service

3.1 Adherence to Guidelines

Each User is obliged to strictly follow the guidelines and instructions outlined in our Guide Book. This book contains essential information on how to effectively use our Services, ensuring a safe and beneficial experience. The User is responsible for familiarizing themselves with these guidelines and following them diligently.

3.2 Personal Use Only

The Services are intended solely for personal use. The User is not permitted to use the Services for commercial purposes or redistribute the content provided by us to third parties. The recordings and other materials provided as part of the Services are for the User’s personal development and should not be shared or used in a way that infringes our rights or violates these Terms.

4. Intellectual Property

4.1 User Ownership of Generated Content

The content generated through the use of the Platform by the User, particularly the transformation recordings, is owned by that User. Upon creation of these recordings, full ownership rights are transferred to the User, granting them the freedom to use these recordings for their personal purposes as they see fit.

4.2 No Storage of Recordings

To ensure maximum privacy and anonymity of our users, we do not store any recordings on our servers. The recordings are generated and transmitted directly to the User without any form of storage on our side. This practice is a cornerstone of our commitment to maintaining the confidentiality and privacy of User data.

4.3 Sharing Restrictions

While users are encouraged to share information about our Website and Services, they are prohibited from redistributing or sharing the actual recordings they generate. The recordings are intended for personal use only and should remain private.

5. Disclaimers

5.1 Limitation of Liability

The Platform and the Services are provided to the User as–is, i.e., in the way in which they have been designed and operated. The User expressly agrees that use of the Platform and the Services is at the User’s sole risk. Neither we, nor our employees, affiliates, agents or the like, warrant that the Platform and the Services will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information or service contained in or provided through the Platform and the Services. 

Under no circumstances, including negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Platform and the Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services.

The User is solely responsible for using the Platform in a safe environment and undertakes to always check their surroundings to avoid any accidents or leakages. To the maximum extent permitted by applicable law, we shall in no event be liable to the User for any harm or damage (in particular, but not limited to mental or physical harm) incurred by the User or any third party while using the Platform. 

Except as expressly set forth in these Terms, we make no warranties, express, implied or statutory, relating to anything within the scope of the contract between the User and us. We specifically disclaim and exclude all warranties, whether express or implied, whether by statute, common law, custom or usage or otherwise. Without limiting the foregoing, we make no warranty of any kind that the Platform or Services will meet the User’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software, systems, or other services, or be secure, accurate, complete, free of harmful code or error free or that any errors or defects can or will be corrected. 

To the maximum extent permitted by applicable law, we shall in no event be liable to the User for any loss, injury or damage, regardless of the form of action or theory of liability and regardless of whether the first named party knew or had reason to know of the possibility of the loss, injury or damage in question.

In any event, our maximum liability to the User under these Terms or otherwise for any cause whatsoever (whether in the form of the additional cost of remedial services or otherwise) will be for direct costs and damages only due to our provable breach of our obligations under these Terms and will be in aggregate limited to the sum actually paid by the User to us in connection with the Platform.

5.2 Effectiveness of Recordings

While the recordings provided by us are freely inspired by the Rapid Transformation Therapy (RTT) method and are created with the intent to be effective, it is important to acknowledge that individual results may vary. Users may experience different levels of effectiveness depending on a variety of factors, including their personal circumstances, the consistency of use, and individual receptiveness to the method.

5.3 Not a Substitute for Professional Medical Advice

The recordings and any associated content or advice provided by us are not a substitute for professional medical advice, diagnosis or treatment or any form of psychotherapy. Users with pre-existing mental health conditions or those undergoing psychiatric or psychological treatment should consult with their healthcare provider before using these recordings and Services. The Services are designed to support User’s well-being, but should never be used as the only solution for mental health issues. If you are not feeling well, please contact your healthcare provider immediately.

6. Payment Terms

6.1 Subscription Payment Structure

Our pricing plans are based on subscriptions, offering the User access to our Services on a monthly or yearly basis. Each subscription is automatically renewed at the end of the respective period unless the User cancels the subscription plan. Users can manage or cancel their subscriptions at any time through their account settings.

6.2 Plan Upgrades and Downgrades

Users have the flexibility to upgrade or downgrade their subscription plans. Any changes will be effective from the next billing cycle. Users seeking additional features or extended access should select the appropriate subscription plan that meets their new requirements.

6.3 Payment Methods and Security

We accept various forms of payment, as specified on the Website. All transactions are secured and processed through reputable payment gateways. The User is responsible for ensuring the accuracy of their payment information.

6.4 Changes in Pricing Plans

We reserve the right to modify, introduce new, or cancel existing pricing plans. Any changes to prices or plan structures will be published on the Website and will take effect at the beginning of the next subscription period.

6.5 Timely Payments

The User is responsible for timely payment for Services rendered. Failure to comply with payment terms may result in suspension or termination of access to the Platform and Services.

6.6 14-Day Money-Back Guarantee

We offer a 14-day money-back guarantee for all new subscriptions. If the User is not satisfied with the Services for any reason, they may request a full refund within 14 days of the initial subscription purchase. This guarantee applies only to the initial subscription period and does not renew with subsequent subscription periods.

7. Termination

7.1 Refund Policy

We guarantee the User the right to a full refund if the User terminates the contract between the User and us under these Terms (“Contract”) within 14 days of its conclusion on the grounds that the Services do not meet the User’s expectations or requirements. The refund request must be in writing, justified (so that we can improve our Services), and must be delivered to us within the stated 14-day period via email sent to info@transformind.eu.

Upon receipt of this refund request, we will process it promptly and, upon verification and approval, refund the relevant amount via the original payment method within 30 days of receipt of the request at the latest. This guarantee applies only to the initial subscription period and does not renew with subsequent subscription periods.

7.2 Cancellation Policy

We guarantee the User the right to terminate the Contract at any time, for any reason or no reason. Termination notice must be in writing and must be delivered to us via email sent to info@transformind.eu. In such a case, the Contract will terminate at the end of the current subscription period. For avoidance of doubt, if such termination is given after the expiry of the 14-day period following the conclusion of the Contract, the User shall not be entitled to a refund for the remaining period of the subscription.

7.3 Surviving Provisions

All provisions of these Terms relating to disclaimers or warranties, limitations of liability, remedies or damages, intellectual property and proprietary rights, and applicable law and jurisdiction shall survive the termination.

8. Privacy and Data Protection

8.1 Privacy Policy

The User acknowledges and agrees that the processing of personal data by us is governed by Privacy Policy which is hereby considered as an integral part of these Terms.

8.2 Data Usage in Transformation Recordings

Any personal data or preferences provided by the User to create transformation recordings are stored on our servers only during the processing phase. Once the processing is complete and the recording is made available to the User, the input data and recordings are destroyed and removed from our servers to ensure the privacy and anonymity of the User.

The information provided for transformation recordings is used solely for the purpose of generating the personalized audio content. This data is not used for any other purpose nor shared with any third parties.

8.3 Handling of Recordings

The User can access their personalized recordings during their active session on the Website or via a link sent to their registered email address. The User is responsible for downloading and saving their recording during this time. To maintain the highest standards of privacy and data protection, we do not archive or store any User recordings beyond the session in which they were created.

8.4 Data Transfer

User acknowledges and agrees that their content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. Dispute Resolution

9.1 Amicable Resolution Process

In the event of a dispute arising from or related to these Terms or the Services, the parties agree to attempt in a good faith to resolve the dispute amicably. This includes open communication and negotiation to reach a mutually satisfactory resolution.

The parties shall endeavour to resolve disputes amicably within a reasonable period, not exceeding 30 days from the date of notification of the dispute.

These Terms, as well as provision of our Services, shall be governed and construed in line with the laws of the Czech Republic and any and all disputes between us shall be resolved by the courts the Czech Republic.

10. Use of Artificial Intelligence in Transformation Recordings

10.1 Overview

This section of the Terms outlines the usage of Artificial Intelligence (AI) technologies in the creation of transformation recordings provided by us. It is important for the User to understand and acknowledge that these recordings incorporate AI-generated voices and scripts.

10.2 AI-Generated Voice

The voice used in our transformation recordings is not that of a real human but is generated through advanced AI technology. This technology synthesizes speech to create a human-like voice. While we strive to make the voice as natural and pleasant as possible, users should be aware of its artificial nature.

10.3 AI-Created Scripts

The script for each transformation recording is uniquely generated using AI technology. This script is crafted based on inputs provided by the user. The AI analyses these inputs and creates a personalized script designed to cater to the specific needs and preferences of the User.

10.4 Purpose and Limitation

The use of AI in our transformation recordings is intended to provide a personalized and adaptive experience to the User. However, the User should recognize the limitations of AI technology. The AI-generated content may not always perfectly align with individual expectations or preferences. It is also not a substitute for professional medical, psychological, or therapeutic advice.

10.5 User Consent and Responsibility

By using our Services, the User consents to the use of AI in creating transformation recordings. The User is responsible for the information they provide, which influences the AI-generated script. We encourage each User to provide accurate and relevant information to ensure the effectiveness of their personalized recordings.

10.6 Intellectual Property

All AI-generated content, including voices and scripts, is the intellectual property of the User. 

10.7 Updates and Changes to AI Technology

We reserve the right to update or change the AI technology used in the creation of transformation recordings. These changes will be aimed at enhancing user experience and improving the quality of the Services.

10.8 Feedback and Concerns

We value user feedback regarding our AI-generated content. Each User is encouraged to share their experiences and any concerns they may have about the AI aspects of our service. This feedback is crucial for us to continually improve and tailor our Services to better meet User needs.

11. Changes to Terms 

We reserve the right to amend or update these Terms at any time and at our sole discretion by publishing the amended or updated Terms via the Platform, on our Website and/or by otherwise communicating such changes to the User. Any and all amendments or updates of these Terms shall apply and become effective from the date of their publication. If any such future changes to these Terms are unacceptable to the User or cause the User to no longer be in compliance with these Terms, the User may terminate these Terms in accordance with the clause 7 (Termination). By log-in and using the Platform, as well as using any of the Services, the User agrees with the current wording of our Terms, and undertakes to follow them. Similarly, User’s installations and use of any updates or modifications to the Platform or User’s continued use of the Platform following notice of changes to these Terms will constitute User’s acceptance of any and all such changes to the Terms.

12. Contact Information

For any inquiries, support, feedback, or concerns related to our Services or the Terms, the User may contact us at info@transformind.eu. Alternatively, the User may use the Contact page available on the Website for communication.

The Czech Trade Inspection Authority (Česká obchodní inspekce) is the supervisory authority for compliance with the obligations set out for the protection of a User who is a consumer.

13. Compliance and Regulatory Considerations

The User is responsible for ensuring that their use of the Website and Services complies with applicable local laws and regulations.

14. Use Restrictions

Our Platform and Services are not intended for, and we do not direct them to, anyone who is under the age of 15. Children under this age may not access and use the Platform and Services. If you are at least 15 but under 18 years of age, you need parental or guardian consent to access and use the Platform and any activities in the Platform must be under the legal responsibility of your parents. Any registration by, use of or access to the Platform by anyone under 15, or by anyone who is under 18 acting without parental or guardian consent, is unauthorized, unlicensed and in violation of these Terms.

Any User with serious mental health issues is advised to consult with healthcare professionals before using our recordings. Our Service is not intended as a substitute for professional mental health treatment.

15. Entire Agreement 

These Terms constitute the entire agreement between us and the User with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. We may unlimitedly assign our rights under these Terms to third parties. The User may not assign any rights or obligations towards us to any third party without our prior written consent.

These Terms of Service enter into force and become effective as of 01-Feb-2024.