Terms of Service

Last updated: December 27, 2025

Welcome to Mindgarden! These Terms of Service ("Terms") govern your access to and use of Mindgarden, a memory training application that helps you improve your memory through flashcards, games, and detailed statistics.

Please read these Terms carefully before using our service. By accessing or using Mindgarden, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our service.

Eligibility

To use Mindgarden, you must:

  • Be at least 13 years of age
  • Have the legal capacity to enter into a binding agreement
  • Provide accurate and complete information when creating your account
  • Maintain the security of your account credentials

If you are under 18, you represent that you have your parent's or guardian's permission to use Mindgarden and that they have agreed to these Terms on your behalf.

We reserve the right to refuse service, terminate accounts, or limit access to our service at our sole discretion, including for violation of these Terms or any applicable laws.

User Accounts

When you create an account with Mindgarden:

  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must immediately notify us of any unauthorized use of your account
  • You must provide accurate, current, and complete information during registration
  • You must update your information to keep it accurate, current, and complete

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

Service Description

Account Suspension and Termination

We may suspend or terminate your account for the following specific reasons:

  • Material violation of these Terms of Service
  • Violation of any applicable laws or regulations
  • Fraudulent, abusive, or illegal activity
  • Actions that pose a security risk to our service or other users
  • Repeated misuse of the service after receiving a warning

Notice and Proportionality: Except in cases of illegal activity or immediate security threats, we will provide you with at least 7 days' notice before terminating your account. Where possible, we will first issue a warning and give you the opportunity to remedy the violation before termination.

Effect of Termination: Upon termination, your right to use Mindgarden will cease. We may delete your account and data after 30 days, though we may retain certain information as required by law or for legitimate business purposes. If you you have made a payment, you may be entitled to a pro-rata refund for unused time in accordance with our Terms of Service.

Your Right to Terminate: You may terminate your account at any time through your account settings or by contacting us at support@mindgarden.ing.

User Content

You retain ownership of all content you create, upload, or submit to Mindgarden, including flashcards, blog posts, and other user-generated content ("User Content").

By submitting User Content to Mindgarden, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User Content solely for the purpose of operating and providing our service.

You are solely responsible for your User Content and represent that:

  • You own or have the right to use and license your User Content
  • Your User Content does not violate any third-party rights
  • Your User Content does not contain illegal, harmful, or offensive material
  • Your User Content complies with all applicable laws and regulations

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice.

Intellectual Property

The Mindgarden service, including its design, features, functionality, and content (excluding User Content), is owned by Mindgarden and protected by copyright, trademark, and other intellectual property laws.

The "Mindgarden" name, logo, and related marks are trademarks of Mindgarden. You may not use our trademarks without our prior written permission.

You may not copy, modify, distribute, sell, or lease any part of our service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Limitation of Liability

To the maximum extent permitted by law:

  • Mindgarden is provided "as is" and "as available" without warranties of any kind, either express or implied
  • We do not guarantee that our service will be uninterrupted, secure, or error-free
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our service
  • We are not liable for any loss of data, profits, or other intangible losses
  • Our total liability for any claims arising from your use of our service shall not exceed the amount you paid us in the 12 months preceding the claim

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Nothing in these Terms excludes or limits our liability for fraud, gross negligence, or any liability that cannot be excluded by law.

Digital Content Conformity

In accordance with EU Directive 2019/770 on digital content and services, we commit to providing Mindgarden in conformity with these Terms. The digital content will:

  • Match the description provided in these Terms and our service pages
  • Be fit for the purposes for which digital content of the same type would normally be used
  • Be delivered with all accessories and instructions as reasonably expected
  • Be updated as necessary to maintain conformity

Your Rights if Content is Non-Conforming: If Mindgarden does not conform to these standards, you have the right to have the digital content brought into conformity free of charge. If we cannot bring the content into conformity within a reasonable time, or without significant inconvenience to you, you may be entitled to a proportionate reduction in price or termination of the contract with a refund.

Time Limits: You may exercise these rights for any lack of conformity that becomes apparent within 2 years from the date of supply of the digital content.

Service Availability

We strive to maintain high availability of Mindgarden. While we do not guarantee 100% uptime, we aim to provide:

  • Reasonable efforts to maintain service availability during normal operating hours
  • Advance notice of scheduled maintenance when possible (via in-app notification or email)
  • Prompt efforts to restore service in case of unexpected outages

Planned Maintenance: We may perform scheduled maintenance that temporarily affects service availability. We will endeavor to perform such maintenance during low-usage periods and provide advance notice when feasible.

Extended Outages: If a service outage significantly impacts your use of paid features for more than 7 consecutive days due to issues within our control, you may be entitled to a pro-rata credit or refund for the affected period.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters, acts of God, or severe weather events
  • War, terrorism, civil unrest, or government actions
  • Pandemics or public health emergencies
  • Failures of third-party services (hosting providers, payment processors)
  • Widespread internet outages or cyberattacks affecting infrastructure
  • Power outages or telecommunications failures

In such events, our obligations will be suspended for the duration of the event. If the event continues for more than 30 days, either party may terminate the service with a pro-rata refund for any unused paid period.

Complaint Handling

We are committed to resolving any complaints or issues you may have with our service.

How to Submit a Complaint:

  • Email us at support@mindgarden.ing
  • Include your account email and a clear description of the issue
  • Provide any relevant screenshots or details

Response Times:

  • We will acknowledge your complaint within 3 business days
  • We aim to provide a substantive response within 14 business days
  • Complex issues may require additional time; we will keep you informed of progress

EU Online Dispute Resolution: If you are a consumer in the European Union and are not satisfied with our response, you may use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr

Consumer Rights (EU)

If you are a consumer in the European Union, you have certain statutory rights that cannot be waived or limited by these Terms:

  • Right of Withdrawal: You normally have a 14-day right to withdraw from digital content purchases. However, by subscribing and requesting immediate access, you consent to waive this right. Full details are in our Refund Policy.
  • Right to Conforming Digital Content: As described in the Digital Content Conformity section above.
  • Right to Clear Information: We provide clear information about our service and your rights.

Nothing in these Terms affects your statutory rights as a consumer under applicable EU and national law.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Hungary, without regard to its conflict of law provisions.

If you are a consumer residing in the European Union, you also benefit from any mandatory provisions of the law of your country of residence. Any disputes arising from these Terms or your use of Mindgarden shall be subject to the exclusive jurisdiction of the courts of Hungary, except where EU consumer protection laws require otherwise.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of Mindgarden after such changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using our service and may cancel your account.

Contact Us

If you have any questions about these Terms of Service, please contact us: