Effective date: 03-01-2021
Owner: Mind-O-Gram (“MOG,” “we,” “us,” “our”)
Contact: info@mindogram.org • legal@mindogram.org

1) Acceptance of Terms

By accessing or using any MOG websites, content, or services (collectively, the “Services”), you agree to these Terms & Conditions (the “Terms”). If you do not agree, do not use the Services. We may update the Terms at any time by posting a revised version; continued use means you accept the changes.

2) Who May Use the Services

You must be at least 16 years old (or the age required by your local law) to use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3) R&D Status • No Medical Advice • Not a Diagnostic Device

• R&D stage: MOG is currently under research and development and may be offered in limited pilots or research collaborations.
• Decision support only: MOG may provide decision-support and monitoring outputs; it is not a diagnostic device.
• No medical advice: The Services do not provide medical advice and are not a substitute for professional medical judgment. Always seek the advice of a qualified clinician. Only licensed clinicians make clinical diagnoses and treatment decisions.
• Emergencies: Do not use the Services for emergencies. In the U.S., call 911 (or your local emergency number).

If you participate in a pilot or research study, your use may be governed by a separate consent, protocol, Business Associate Agreement (BAA), Data Processing Agreement (DPA), or other contract. Where there is a conflict, the study/contract terms control.

4) Availability & Changes

We may change, suspend, or discontinue any part of the Services at any time, including beta or pre-release features. We are not liable for any unavailability.

5) Your Responsibilities & Prohibited Conduct

You agree to use the Services lawfully and responsibly. You will not:

• Attempt to reverse-engineer, copy, or misuse the Services or any related intellectual property.
• Interfere with security, performance, or integrity of the Services.
• Upload or transmit malware or harmful code.
• Use the Services to collect or process protected health information except as permitted under an approved pilot/research agreement and applicable privacy laws.
• Misrepresent your identity or affiliation.

6) Accounts & Security (if applicable)

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of unauthorized use. 

7) Intellectual Property

All content, software, logos, trade names, and documentation in the Services are owned by MOG or its licensors and are protected by intellectual-property laws. Except as expressly allowed in writing, you may not reproduce, modify, distribute, or create derivative works from the Services or their content.

8) Feedback & Submissions

If you send ideas, suggestions, or other content (“Feedback”), you grant MOG a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use and exploit the Feedback without restriction or obligation to you.

9) Third-Party Links & Services

The Services may link to third-party websites or services we do not control. We are not responsible for their content, policies, or practices. Review their terms and privacy policies.

10) Privacy

Your use of the Services is subject to the MOG Privacy Statement, which explains how we collect, use, and share information. For pilots/research, the applicable consent and study/contract documents govern data handling. (See: [link to your Privacy Statement].)

11) Disclaimers

The services are provided “as is” and “as available.” To the maximum extent permitted by law, mog disclaims all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability. We do not warrant that the services will be uninterrupted, secure, or error-free, or that defects will be corrected.

12) Limitation of Liability

to the maximum extent permitted by law, mog and its directors, officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, profits, goodwill, or business opportunity, arising out of or relating to the services or these terms, even if advised of the possibility. to the extent any liability arises, mog’s total aggregate liability shall not exceed usd $100 or the amount you paid (if any) in the twelve (12) months before the claim, whichever is greater. some jurisdictions do not allow certain limitations; some limits may not apply to you.

13) Indemnification

You agree to defend, indemnify, and hold harmless MOG and its personnel from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; or (c) your violation of any law or third-party rights.

14) Compliance • Export • Sanctions

You agree to comply with all applicable laws, including export control and sanctions laws. You may not use the Services if you are located in, or are a resident of, a country or region subject to comprehensive sanctions, or if you are a prohibited party. 

15) Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws rules. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California, for all disputes that are not subject to arbitration.
 Optional (add if desired): “At MOG’s election, certain disputes may be resolved by confidential, binding arbitration under the JAMS Rules in Orange County, California.”

16) Termination

We may suspend or terminate access to the Services at any time and for any reason, including violations of these Terms. Sections that by their nature should survive (e.g., IP, Disclaimers, Limitation, Indemnification, Governing Law) will survive termination.

17) Electronic Communications; Notices

By using the Services, you consent to receive electronic communications from us. Legal notices to MOG must be sent to legal@mindogram.org (email) and to [Physical Address], Attn: Legal (hard copy).

18) Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and MOG regarding the Services. If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable; the remainder remains in effect. MOG’s failure to enforce any provision is not a waiver.

19) Contact

Questions about these Terms?
Email: legal@mindogram.org • info@mindogram.org