MYNDLAND PRIVACY POLICY AND DISCLAIMER

Last Updated: March 19, 2025

1. INTRODUCTION

Welcome to Myndland ("we," "our," or "the Company"). This Privacy Policy and Disclaimer ("Agreement") governs your ("User" or "you") use of our services, applications, and platforms (collectively, the "Service"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

The Company refers to Exebrain, Inc., 10F., No.187, Gangqian Rd., Neihu Dist., Taipei City 114722, Taiwan (R.O.C.).

2. INTERPRETATION AND DEFINITIONS

2.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2.2 Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Application refers to Myndland, the software program provided by the Company.
• Country refers to: Taiwan and the United States
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Application.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

3. DATA COLLECTION AND USE

3.1 Types of Data Collected

We collect the following types of data:

• Biometric data, including but not limited to electroencephalogram (EEG) readings, heart rate, and other metrics accessible from home-use devices such as consumer EEG devices and Apple Watch
• Chat history and interactions with our AI services
• Account information necessary for service provision
• Usage data related to your interaction with our Service
• Email address and other contact information
• Device information including IP address, browser type, operating system, and unique device identifiers
• Photos and camera data with your permission

3.2 Purpose of Data Collection

We collect and process this data for the following purposes:

• Providing and maintaining our Service, including monitoring usage
• Managing your account and providing you access to different functionalities
• Improving and personalizing the user experience
• Developing new features and services
• Research and analysis
• Communicating with you about our Service, including updates and security notifications
• Providing you with news and special offers about our services
• Managing your requests
• For business transfers or transactions
• For data analysis, identifying usage trends, and improving our Service

3.3 Third-Party Sharing

Your data may be shared with third parties, specifically OpenAI, to provide AI services. We may also share your data:

• With Service Providers to monitor and analyze service usage
• As required by law or in response to valid requests by public authorities
• To protect our rights or property
• In connection with a merger, acquisition, or sale of assets
• With our affiliates, subject to this Privacy Policy
• With business partners to offer products or services
• With other users when you interact in public areas of the Service
• With your consent

4. DATA PROTECTION AND SECURITY

4.1 Company Rights

The Company reserves the right to use, store, and delete any data collected while using the Service. While Users may request the deletion of their data, the final decision regarding such deletion remains at the Company's sole discretion.

4.2 Security Measures

We implement reasonable security measures to protect your data, including:

• Data encryption at-rest and in-flight
• Employee training on data security practices
• Regular security assessments

However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

4.3 Data Retention

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

4.4 Transfer of Your Personal Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy.

5. USER RIGHTS

5.1 Access and Correction

Users may email us to request access to their own data and request corrections. However, any changes to the Company's records of such data are subject to the Company's discretion.

5.2 Data Deletion

Users may request deletion of their personal data. The Company will consider such requests but reserves the right to retain data as required for legitimate business purposes or as required by law.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

6. DISCLAIMER

6.1 Not Medical Advice

Our Service is not intended to provide medical services or advice. The Service is not a substitute for professional medical services, diagnosis, or treatment. If you require medical assistance, please consult with qualified healthcare professionals.

6.2 Hardware Limitations

Our Company provides software services only. Users are responsible for the proper use, maintenance, and care of their own hardware devices, including but not limited to EEG devices, smartwatches, and other monitoring equipment. The Company is not liable for any damage to User hardware devices that may occur during the use of our Service.

6.3 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

8. INTELLECTUAL PROPERTY

All content created while using our Service, including but not limited to data insights, analytics, and AI-generated content, is owned by the Company. Users are granted a limited, non-exclusive license to use such content for personal, non-commercial purposes only.

9. AGE RESTRICTION

The Service is only available to individuals who are 18 years of age or older. By using the Service, you represent and warrant that you are at least 18 years old.

We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

10. TERMINATION

10.1 User Termination

Users may stop using the Service at any time for any reason.

10.2 Company Termination

The Company reserves the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the United States and Taiwan, without regard to its conflict of law provisions.

12. LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

13. CHANGES TO THIS AGREEMENT

We reserve the right to modify this Agreement at any time. We will publish any changes on the Company's website. We will let You know via email and/or a prominent notice on Our Service prior to the change becoming effective.

Your continued use of the Service after such modifications constitutes your acknowledgment of the modified Agreement and agreement to abide and be bound by the modified Agreement.

14. CONTACT INFORMATION

If you have any questions or concerns about this Agreement or our practices, please contact us at:

Email: myra@myndland.com

BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.