Terms and Conditions
Last updated 08.07.2025
Welcome to CappyMind!
The mobile application CappyMind ('the App') and the websites capymind.com and cappymind.com ('the Website') are operated by "Jöch David u Mitges" ('we', 'us', 'Mindvoll'). By downloading the App or using the Website you are accessing and using products and services provided by us ('the Product').
These legal terms ('the Terms') constitute a legally binding agreement between "Jöch David u Mitges" and you, whether personally or on behalf of an entity ('you', 'User'), concerning your access and use of the Product via any platform or device.
You must be the age of majority where you live or older to use the Product. If you are under the age of majority applicable in the country where you live, you may only use the Product if your parent or guardian agrees to our Terms. Please read these Terms with them. If you are a parent or legal guardian of a user under the age of majority where you live, you are subject to these Terms and responsible for your child’s activity in regard to the Product.
By using the Product, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Legal Terms and to fully perform all of your obligations hereunder. If you do not agree to these Legal Terms, please do not use our Product.
In order to ensure the best functioning of the Product, we collect certain type of personal data. We take protection of your personal data very seriously and describe our practices in our Privacy Policy. You hereby acknowledge and agree that your use of the Product is also subject to our Privacy Policy.
If you have any questions regarding these Legal Terms, you can contact us via e-mail hello@cappymind.com.
Changes to these Legal Terms
We reserve the right to make changes to these Legal Terms anytime and at our own discretion. The "Last updated" section at the top of this page serves as an indication of any such change to these Legal Terms. We highly advise you to periodically review these Legal Terms to stay informed, as each time you access and use the Product, you will be subject to, and will be deemed to have been made aware of and to have accepted the most recently updated Legal Terms.
CappyMind is an AI-powered journaling app that provides daily writing suggestions and insights. The Product is accessible through the App and the Website and includes, without limitation, verbal and graphic materials for writing inspiration and self-reflection.
To use the Product you must create a user account using your email or login with your Google or Apple account details respectively. By creating a user account you warrant that you are authorized to provide such personal information and will maintain it to remain truthful, accurate and up-to-date. If any registration data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the Product.
We retain all right, title and interest in and to the Product and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks, service marks, trade secrets and other intellectual property rights, any derivative work or future versions of the Product. All materials, including but not limited to source code, text, graphics, files and other content contained in the Product are exclusively owned and copyrighted by Mindvoll and are protected worldwide, unless indicated otherwise. Subject to the limited license rights granted under these Terms, you may not acquire any ownership rights in or to such materials. Any rights not expressly granted herein are reserved by us.
By using the Product, you agree to not infringe the ownership of and rights in respect to the Product through copying, reproducing, distributing, selling, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the Product or its materials, in whole or in part, except as expressly authorized in these Terms.
You hereby acknowledge that any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Product and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Product.
Limited license
All content and other materials of the Product are provided solely for your personal, non-commercial use.
Subject to and for the duration of these Terms we grant you a limited, non-exclusive, non-transferable, and revocable personal license to use the Product. This license gives you rights to: 1) download and use a copy of the App, as well as access the Website on your devices; 2) view and interact with the content and other materials provided through the App and Website; 3) use verbal prompts and ideas provided through the App and Website for journaling and writing inspiration.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, sell or otherwise exploit any of the content created by us or our users and provided through the Product.
The Users may create and save written content in a form of journaling sessions when using the Product (‘User Content’).
Except for the license you grant below, we do not claim any ownership rights in any User Content created through the use of the Product. Your User Content may be protected by intellectual property rights. Nothing in these Terms will be deemed to restrict any mandatory rights that you may have to use and exploit your User Content, as between you and us.
License You Grant to Mindvoll. By making any User Content available to us, you hereby grant Mindvoll a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Product. We hereby guarantee that your User Content will only be stored, processed and used for the purposes of providing you with the best possible functionality of the Product. Examples of such use include optimizing user-specific writing suggestions, displaying past journaling sessions, providing up-to-date statistics and a summarized overview of the User Content.
This license lasts for the duration of these Legal Terms as long as your User Content is protected by intellectual property rights. When you post or otherwise share your User Content on third-party platforms and services you understand that your User Content and any associated information may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
You represent and warrant that you own or otherwise control the rights to your User Content. You will not post or submit any User Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. We make no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. You agree to indemnify Mindvoll for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
For more information of how your User Content is being handled by us please refer to our Privacy Policy.
Apart from User Content created through the Product you may send us any inquiries, feedback, suggestions, ideas and other information to hello@cappymind.com or using our official social media accounts. By making this information available to us you understand that is not considered to be confidential. You agree not to submit any information to us in which you have any expectation of privacy.
The main functionality of the Product provided through the App and the Website is accessible on the basis of payment. Below we describe what kinds of paid packages we offer and how payments are handled.
Subscription and Fees
In order to use the Product you are required to purchase a recurring subscription plan with a trial period. You may choose between monthly and yearly payment plans.
If you choose to purchase one of these subscription plans, you may test the Product free of charge during a trial period, after which you will be continuously charged for the duration of the subscription period you select. Such subscription will automatically renew for another subscription period until canceled.
Payment terms
Your use of the Product may require you to pay fees. We reserve a right to determine the pricing of the Product and offer promotional offers to any of the users at our sole discretion. These promotional offers, unless made to you, will not apply to your offer or these Legal Terms. We will make a reasonable effort to keep pricing information in the App and on the Website up-to-date.
Before you are charged, you will have an opportunity to review and accept the applicable fees. You authorize us and our third party payment processors to charge all sums for the orders that you make and any version of the Product you select as described in these Legal Terms, including all applicable taxes.
When activating a subscription model, you authorize us and our third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the subscription or your account, all accrued sums on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when your free trial expires, after you purchase your first subscription to the Product ('Subscription Billing Date'), as applicable, and on each recurring billing date thereafter.
Payment methods
You may purchase an upgraded plan through a third party, such as the Apple App Store or Google Play, depending on your device. Unless otherwise specified, purchases done via Apple App Store and Google Play Store are also subject to respective third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms. You must therefore read such terms and conditions of sale carefully and accept them.
Unless otherwise indicated, you are required to provide a credit card or other payment method that the third party through which you purchased the Product, accepts, to pay the applicable fee for your purchase. Such third party will charge the payment method you’ve chosen a fee with all applicable taxes respectively.
Cancellation & Refunds
You must cancel your subscription before it renews in order to avoid billing for the next subscription period.
For subscriptions purchased through App Store you can cancel the auto-renewal by viewing your Apple ID in iTunes or the App Store and then selecting the “Subscriptions” option. For subscriptions purchased through Google Play Store you can find the cancellation option in your Google Play Store account.
If you have any questions about cancelling your subscription feel free to contact us at hello@cappymind.com
Refunds. For purchases made via the Apple App Store or Google Play, their respective refund policies apply. For purchases made on our website, you have a 7-day right of withdrawal—please contact us at hello@cappymind.com to request a refund.
Disclaimer of Warranties
WE TAKE REASONABLE EFFORTS TO IMPROVE THE QUALITY OF THE PRODUCT, HOWEVER, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE PRODUCT AND ITS CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS." WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THE PRODUCT, ITS MATERIALS AND ANY RELATED USER CONTENT. WE DO NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE OR SECURE.
YOU ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY AND RISKS ASSOCIATED WITH YOUR USE OF THE PRODUCT, INCLUDING BUT NOT LIMITED TO LOSS OF SAVED DATA AND CONTENT. WE DO NOT HAVE ANY CONTROL OVER YOUR USE OF THE PRODUCT AND DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF THE PRODUCT DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES.
APPLICABLE LAW IN SOME JURISDICTIONS MAY IMPLY WARRANTIES, CONDITIONS, OR GUARANTEES OR IMPOSE OBLIGATIONS WHICH PROVIDE YOU WITH CERTAIN CONSUMER RIGHTS. THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND MINDVOLL DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT MINDVOLL IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDVOLL AND ITS PARTIES INCLUDING BUT NOT LIMITED TO ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES AND SPONSORS ('MINDVOLL PARTIES') SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS, USE OF OR INABILITY TO USE THE PRODUCT. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED AS A RESULT OF DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THRID PARTIES, UNAUTHORISED ACCESS TO AND MISUSE OF YOUR USER CONTENT. THE LIMITATIONS OF LIABILITY AS COVERED IN THESE TERMS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MINDVOLL AND THEIR PARTIES HAVE BEEN INFORMED OF A POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO THE USER IS LIMITED TO THE RE-PERFORMANCE OF THE SERVICES AND THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
Indemnification
You agree to defend, indemnify and hold Mindvoll Parties harmless from and against any and all judgements, claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, legal fees and expenses) incurred in, arising from or in any way relating to: (1) your access and use of the Product, its content and functionality; (2) any User Content you create and make available through the Product; (3) User's breach of representations and warranties or any violation of third-party rights set forth in these Legal Terms, (4) User's breach of any statutory law, rule or regulation.
Third party services
Through the Product users may have access to external resources provided by third parties. You acknowledge and accept that Mindvoll has no control over such third-party resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
No Waiver
Our delay or failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Force Majeure
Mindvoll and its parties shall not be liable to you for any lack of performance, or the unavailability or failure, of the Product, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
Governing Law & Venue
Austrian law applies to these General Terms and Conditions, with the exception of its reference standards and the UN Convention on Contracts for the International Sale of Goods. The competent courts in Vienna have jurisdiction over all disputes arising from or in connection with these Legal Terms.
Severabillity
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
