Terms and Conditions

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Montivory Co., Ltd. ("Company," "we," "us," or "our"), a company registered in Thailand, located at 87 Unit 6, 22nd Floor, All Seasons Place, Witthayu Road, Lumphini, Pathum Wan, Bangkok 10330, regarding your access to and use of Mind ("Platform," "Service," or "Mind").

By registering for, accessing, or using Mind, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must not access or use the Service.

2. Description of Service

Mind is a social listening and trend monitoring platform designed for users in Thailand. The Service allows users to:

• Monitor publicly available trends and topic signals aggregated from third-party platforms including Instagram, Facebook, LinkedIn, TikTok, YouTube, X (formerly Twitter), and public websites

• Create custom topic trackers based on user-defined keywords and interests

• Access AI-generated summaries, sentiment rankings, keyword analysis, share of voice metrics, key influencer highlights, and competitor analysis via a personal dashboard

• Receive trend spike alerts within user-defined durations

The Service is offered in two tiers: Starter (Free) and Mind Pro (THB 599/month), with feature differences as specified on the Platform's Plan & Payment page at the time of subscription.

3. Eligibility

To use Mind, you must:

• Be at least 18 years of age

• Have the legal capacity to enter into a binding agreement under Thai law

• Not be prohibited from using the Service under any applicable Thai law or regulation

By using the Service, you represent and warrant that you meet all eligibility requirements above.

4. Account Registration

4.1 You must register an account to access the Service. You agree to provide accurate, current, and complete information during registration, including your name, email address, and areas of interest.

4.2 You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.3 You must promptly notify us at support.mind@montivory.com if you suspect any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain account security.

4.4 We reserve the right to suspend or terminate your account if any information provided is found to be inaccurate, misleading, or incomplete.

5. Subscription Plans and Payment

5.1 Plan Tiers

Mind offers:

• Starter (Free): Access to trend watching, up to 3 topic trackers, AI-based topic summary, and Chat with AI

• Mind Pro (THB 599/month): All Starter features, plus unlimited topic trackers, topic management, AI assistance, prompt library, competitor analysis, and shareable dashboard

5.2 Billing

Mind Pro is billed on a monthly subscription basis. Payments are processed securely through Omise, our third-party payment gateway. By subscribing to Mind Pro, you authorize us to charge your designated payment method on a recurring monthly basis.

5.3 Auto-Renewal

Your Mind Pro subscription will automatically renew on a monthly basis on the same calendar date each month unless you cancel before the upcoming renewal date through your account settings. You are responsible for ensuring your payment method remains valid and up to date. Auto-renewal stops only when you cancel; cancellation will stop future renewals but will not result in a refund for the current billing period.

5.4 No Refund Policy

All payments are final and non-refundable. Once a billing cycle has been charged, no refunds, credits, or pro-rated amounts will be issued for that period, including in cases of partial use, unused features, or early cancellation, unless otherwise required by applicable Thai law.

5.5 Cancellation

You may cancel your Mind Pro subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to Mind Pro features until the end of the paid billing cycle. After cancellation, your account will revert to the Starter (Free) tier.

5.6 Plan Downgrade and Data Consequences

Upon downgrade from Mind Pro to the Starter (Free) plan, whether by cancellation, non-payment, or voluntary change, your account will be limited to the 3 most recently active topic trackers. Any topic trackers exceeding this limit will be immediately frozen --- they will no longer receive updates, generate new data, or be accessible. Frozen topics and their associated data may be permanently deleted at any time after the downgrade takes effect. We are not liable for any loss of data or functionality resulting from a plan downgrade. If you wish to retain specific topics, you are responsible for exporting or reorganizing your data before the downgrade takes effect.

5.7 Price Changes

We reserve the right to change subscription pricing with at least 30 days' advance written notice to your registered email address. Continued use of the Service after the price change takes effect constitutes your acceptance of the new pricing.

5.8 Taxes

All prices are stated in Thai Baht (THB). You are responsible for any applicable taxes, including VAT, unless otherwise specified.

6. Acceptable Use Policy

6.1 You agree to use Mind solely for lawful purposes and in accordance with these Terms.

6.2 Prohibited Content. When creating topics, entering keywords, or otherwise using any input feature of the Platform, you must not submit, upload, or introduce content that:

• Contains profanity, obscene language, or vulgarity ("คำหยาบ") as generally understood under Thai social and legal norms

• References, targets, or concerns any member of the Thai Royal Family in any manner that may violate Thailand's Lèse-Majesté laws under Section 112 of the Criminal Code of Thailand

• Violates Thailand's Computer Crime Act B.E. 2550 (2007) as amended, including but not limited to false or distorted information, content endangering national security, or content inciting public panic

• Is defamatory, harassing, threatening, fraudulent, or invasive of another's privacy or personal data rights

• Infringes upon any third party's intellectual property rights, including trademarks, copyrights, or trade secrets

• Is otherwise unlawful, harmful, or objectionable under applicable Thai law

6.3 We reserve the right, but not the obligation, to review, remove, or disable access to any content or topic that we determine, at our sole discretion, violates these Terms or applicable law, without prior notice to you.

6.4 You are solely responsible for all keywords, topic configurations, and inputs you submit to the Platform. We are not liable for any consequences, legal or otherwise, arising from content you introduce to the Platform.

6.5 Prohibited Technical Actions. You must not:

• Attempt to reverse engineer, decompile, or access the underlying infrastructure of the Platform

• Use automated tools, bots, or scripts to access the Platform in a manner that places excessive load on our systems

• Attempt to access other users' accounts or data

• Circumvent any access controls, security features, or subscription tier restrictions

7. Data Sources and Third-Party Platform Disclaimer

7.1 Mind aggregates and displays data sourced from publicly available content on third-party platforms, including Instagram, Facebook, LinkedIn, TikTok, YouTube, X (formerly Twitter), and public websites.

7.2 We do not guarantee the accuracy, completeness, timeliness, or reliability of data sourced from these third parties. Data availability is subject to changes in third-party platforms' APIs, access policies, terms of service, or technical availability, all of which are entirely outside our control.

7.3 Interruption of Third-Party Data Access. We do not guarantee continuous or uninterrupted access to any third-party data source. If a third-party platform restricts, suspends, or terminates our access to their data --- whether through API changes, legal enforcement, policy updates, or technical measures --- certain features of Mind may be reduced, limited, or entirely unavailable without prior notice. We are not liable for any loss, inconvenience, or commercial damage resulting from such interruptions, and such events shall not entitle you to a refund.

7.4 Your use of the Platform does not grant you any rights over third-party platforms' content or data. You remain subject to the respective terms of service of any third-party platform whose content appears on Mind.

7.5 We make no representation that our data aggregation methods are endorsed or approved by any third-party platform.

8. AI-Generated Content Disclaimer

8.1 Mind uses artificial intelligence to generate summaries, insights, sentiment analysis, keyword rankings, share of voice data, key influencer identification, and competitor analysis ("AI-Generated Content").

8.2 AI-Generated Content is provided for informational and general reference purposes only. It does not constitute professional advice of any kind, including but not limited to financial, legal, marketing, investment, public relations, or business strategy advice. You should not rely solely on AI-Generated Content for any decision-making.

8.3 AI-Generated Content may contain errors, omissions, biases, or inaccuracies. The Company makes no warranties regarding the completeness, accuracy, or fitness for any particular purpose of AI-Generated Content.

8.4 We expressly disclaim all liability for any decisions made, actions taken, or losses incurred based on AI-Generated Content provided by the Platform.

9. Data Ownership and Post-Termination Data Handling

9.1 User Input Data. You retain ownership of the keywords, topic configurations, and other inputs you submit to the Platform ("User Input Data").

9.2 Derived and Aggregated Data. All AI-generated content, analytics outputs, processed data, aggregated insights, and any data derived from the Platform's analysis of User Input Data and third-party sources are owned exclusively by Montivory Co., Ltd. You are granted a limited, non-exclusive license to view and use such outputs solely within the Platform during the term of your active subscription.

9.3 Data Retention After Termination. Upon account termination, whether by you or by us, we will retain your personal data only for as long as required under applicable Thai law, including the PDPA, or for legitimate business purposes as described in our Privacy Policy. Topic configurations, dashboard data, and AI-generated outputs associated with your account may be permanently deleted within 30 days of account termination.

9.4 Data Export. If you wish to export your data before account termination or plan downgrade, you are responsible for doing so before the termination or downgrade takes effect. We do not guarantee data recovery after deletion.

10. Intellectual Property

10.1 All intellectual property rights in Mind, including but not limited to software, design, trademarks, trade names, logos, text, graphics, AI models, and platform architecture, are owned by or licensed to Montivory Co., Ltd. All rights reserved.

10.2 You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes only, subject to these Terms.

10.3 You must not copy, reproduce, distribute, reverse engineer, decompile, disassemble, modify, sublicense, or create derivative works of any part of the Platform without our prior written consent.

10.4 Any feedback, suggestions, or ideas you voluntarily submit to us regarding the Service may be used by us freely and without any obligation, compensation, or attribution to you.

11. Personal Data and Privacy

11.1 We collect personal data including your name, email address, profile photo (where applicable), areas of interest, and keywords in connection with your use of the Service.

11.2 Your personal data is collected, stored, and processed in accordance with our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy governs all matters relating to personal data in compliance with Thailand's Personal Data Protection Act B.E. 2562 (PDPA).

11.3 Payment information is processed directly and securely by Omise. We do not store your full payment card details on our systems. Omise's own privacy and security terms apply to all payment data handled by Omise.

12. Indemnification

You agree to defend, indemnify, and hold harmless Montivory Co., Ltd. and its officers, directors, shareholders, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your access to or use of the Service

• Your violation of any provision of these Terms

• Any content, keywords, or topic configurations you submit through the Platform

• Your violation of any applicable law or regulation, including but not limited to the Computer Crime Act or PDPA

• Your violation of any third-party rights, including intellectual property rights, privacy rights, or defamation claims

This indemnification obligation will survive the termination of your account and these Terms.

13. Limitation of Liability

13.1 To the maximum extent permitted by applicable Thai law, Montivory Co., Ltd., its directors, employees, agents, and affiliates shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages

• Loss of profits, revenue, data, goodwill, or business opportunities

• Damages arising from reliance on AI-Generated Content or third-party data

• Service interruptions, downtime, or technical failures, including those caused by third-party platform API changes or data access restrictions

• Unauthorized access to or alteration of your data

13.2 Our total aggregate liability to you for any claim arising from your use of the Service shall not exceed the total subscription fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim. For free-tier (Starter) users, our total aggregate liability shall not exceed THB 500.

14. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. We do not warrant that:

• The Service will be uninterrupted, error-free, or secure at all times

• The data or AI-Generated Content will be accurate, complete, or current

• The Service will meet your specific requirements, business objectives, or expectations

• Any defects or errors in the Service will be corrected within any specific timeframe

15. Force Majeure

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

• Acts of God, natural disasters, flood, fire, or earthquake

• Government orders, regulations, sanctions, or actions by competent Thai or international authorities

• Changes to or termination of third-party platform APIs or data access policies (including but not limited to Meta, TikTok, X, LinkedIn, and YouTube)

• Cyberattacks, distributed denial-of-service attacks, or other malicious technical acts

• Internet or telecommunications infrastructure failures

• Pandemics, public health emergencies, or national security events

In the event of a force majeure, we will use commercially reasonable efforts to notify you and resume the Service as soon as practicable. Force majeure events do not entitle you to a refund of subscription fees already paid.

16. Termination

16.1 You may terminate your account at any time by contacting us at support.mind@montivory.com or through your account settings.

16.2 We reserve the right to suspend or terminate your account immediately and without prior notice if:

• You breach any provision of these Terms

• Your use of the Service poses a legal, regulatory, or reputational risk to the Company

• You provide false or fraudulent registration information

• Required by applicable Thai law or a competent authority

16.3 Upon termination, your right to access the Service ceases immediately. Subscription fees already paid will not be refunded. Data retention following termination is governed by Section 9.3 of these Terms and our Privacy Policy.

17. Modifications to the Service and Terms

17.1 We reserve the right to modify, suspend, or discontinue any part of the Service at any time, including feature availability and limits across subscription tiers. Where reasonably practicable, we will provide advance notice of material changes to the Service.

17.2 We may update these Terms from time to time. When material changes are made, we will notify you via email to your registered address or via an in-platform notice at least 14 days before the changes take effect.

17.3 Continued use of the Service after the effective date of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the effective date.

18. Governing Law, Jurisdiction, and Language

18.1 These Terms and any disputes arising from or in connection with them shall be governed by and construed exclusively in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law provisions.

18.2 Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, breach, or termination, shall be submitted to the exclusive jurisdiction of the competent courts in Bangkok, Thailand.

18.3 These Terms are written in English. If they are translated into any other language, the English version shall prevail in the event of any inconsistency.

19. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

20. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Montivory Co., Ltd. to be effective.

21. Entire Agreement

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Montivory Co., Ltd. with respect to the Service and supersede all prior agreements, representations, or understandings, whether written or oral, relating to the same subject matter.

22. Contact Us

Montivory Co., Ltd.
87 Unit 6, 22nd Floor, All Seasons Place, Witthayu Road
Lumphini, Pathum Wan, Bangkok 10330, Thailand
Email: support.mind@montivory.com