TERMS OF SERVICE

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Obsydian LLC, operating as Mind11 ("Mind11," "we," "us," or "our"). By accessing or using the Mind11 platform, website (www.mind11.ai), and related services (collectively, the "Service"), you agree to be bound by these Terms.

If you are accessing the Service on behalf of a government agency, department, or organization ("Agency"), you represent that you have the authority to bind that Agency to these Terms. In such cases, "you" refers to the Agency.

If you do not agree to these Terms, do not access or use the Service.

2. Description of Service

Mind11 is an operational load intelligence platform designed for first responder agencies. The Service provides:

• Operational load scoring (MLSI — Multi-Layered Scoring Index) based on CAD/RMS data and voluntary self-assessments
• Role-partitioned portals for responders, wellness representatives, agency administrators, and platform administrators
• Peer-driven outreach and case management tools
• Aggregate reporting and trend analytics (no individual data exposed to command staff)
• SMS-based notifications, MFA verification, and emergency MAYDAY signaling

Mind11 is not a medical device, clinical tool, or diagnostic system. It does not provide medical advice, diagnoses, or treatment recommendations. The MLSI score is an operational readiness indicator, not a clinical assessment.

3. Account Registration & Access

Access to the Service is provisioned by Agency administrators. Individual users do not self-register. By creating accounts for personnel, the Agency agrees to:

• Provide accurate and current information for all user accounts
• Ensure all users are authorized personnel of the Agency
• Maintain the confidentiality of account credentials
• Promptly deactivate accounts for personnel who leave the Agency or no longer require access
• Notify Mind11 immediately of any unauthorized access or security breach

4. Data Ownership & Licensing

Agency data belongs to the Agency. Mind11 does not claim ownership of any data uploaded to or generated within the Service by the Agency or its personnel, including CAD/RMS records, survey responses, MLSI scores, and case management records.

The Agency grants Mind11 a limited, non-exclusive license to process, store, and display Agency data solely for the purpose of providing the Service. This license terminates upon termination of the Agency's subscription.

Mind11 may use anonymized, aggregated data (from which no individual or Agency can be identified) for the purpose of improving the Service, conducting research, and generating industry benchmarks. No individually identifiable data will be used for these purposes without explicit written consent.

5. Acceptable Use

You agree not to:

• Use the Service for any purpose other than its intended operational load intelligence function
• Attempt to access data belonging to other Agencies or users outside your authorized role
• Use individual MLSI scores or operational load data for punitive personnel actions, disciplinary proceedings, or fitness-for-duty determinations
• Reverse engineer, decompile, or disassemble any part of the Service
• Upload malicious code, viruses, or any content designed to disrupt the Service
• Share account credentials or allow unauthorized individuals to access the Service
• Use the Service in violation of any applicable law or regulation

Important: Mind11 is designed to support first responder wellness through confidential, non-punitive operational load tracking. Any use of the platform for surveillance, disciplinary action, or fitness-for-duty evaluations is a material breach of these Terms.

6. Confidentiality

Mind11 treats all Agency data as confidential. We will not disclose Agency data to third parties except as described in our Privacy Policy, as required by law, or with the Agency's prior written consent.

The Agency agrees to maintain the confidentiality of individual responder data accessed through the Service and to use such data only for the purposes described in these Terms.

7. Service Availability

Mind11 strives to maintain high availability of the Service. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable advance notice)
• Emergency security patches
• Circumstances beyond our reasonable control (force majeure)

Agencies requiring a specific uptime commitment (e.g., 99.9% SLA) may request a separate Service Level Agreement. Contact [email protected] for details.

8. Fees & Payment

Service fees are established in the subscription agreement between Mind11 and the Agency. Unless otherwise specified:

• Fees are billed annually in advance
• All fees are non-refundable except as required by law or as specified in the subscription agreement
• Mind11 reserves the right to adjust pricing with 60 days' written notice before the next renewal period
• Government agencies with purchase order or net-30/60/90 payment requirements will be accommodated

9. Termination & Data Return

Either party may terminate the Service:

• By the Agency: At any time with 30 days' written notice to [email protected]
• By Mind11: With 60 days' written notice, or immediately upon material breach of these Terms

Upon termination:

• Data export: The Agency may request a complete export of its data in a standard machine-readable format (CSV/JSON) within 30 days of termination
• Data deletion: All Agency data will be permanently deleted from our systems within 30 days of termination, unless a longer retention period is required by law
• Backup purge: Deleted data will be purged from backup systems within 90 days

10. Intellectual Property

The Service, including its software, algorithms (including the MLSI scoring engine), user interface, documentation, and branding, is the intellectual property of Mind11 and is protected by copyright, trademark, and other intellectual property laws.

Nothing in these Terms grants the Agency any right, title, or interest in Mind11's intellectual property beyond the limited right to use the Service during the subscription period.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Mind11's total liability for any claims arising from or related to the Service shall not exceed the fees paid by the Agency in the 12 months preceding the claim.
• Mind11 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or business opportunities.
• Mind11 is not liable for any decisions made by Agency personnel based on MLSI scores or other information provided by the Service. The Service is an informational tool, not a substitute for professional judgment.

Note for government agencies: We acknowledge that certain limitation of liability provisions may not apply to government entities under applicable law. We are willing to negotiate these provisions as part of a formal procurement agreement.

12. Indemnification

Mind11 agrees to indemnify and hold harmless the Agency from any third-party claims arising from Mind11's breach of these Terms, violation of applicable law, or negligent handling of Agency data.

The Agency agrees to indemnify and hold harmless Mind11 from any claims arising from the Agency's misuse of the Service, violation of these Terms, or use of MLSI data for purposes prohibited under Section 5 (Acceptable Use).

13. Compliance & Security

Mind11 is committed to maintaining security practices appropriate for handling first responder operational data:

• Privacy-first architecture with zero individual data exposure to command staff
• Encryption in transit (TLS 1.2+) and at rest (AES-256)
• Role-based access controls enforced at the application layer
• Audit logging of all sensitive operations
• Multi-factor authentication available for administrative portals
• Regular security assessments and vulnerability monitoring

Agencies requiring specific compliance certifications (SOC 2, CJIS Security Policy, etc.) should contact [email protected] to discuss supplemental security agreements.

14. Governing Law & Dispute Resolution

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

Any dispute arising from these Terms shall first be addressed through good-faith negotiation between the parties. If negotiation fails, disputes shall be resolved through binding arbitration administered by JAMS in Maricopa County, Arizona, unless the Agency is a government entity that is prohibited from agreeing to arbitration, in which case disputes shall be resolved in the courts of competent jurisdiction in Maricopa County, Arizona.

15. Modifications to Terms

Mind11 may modify these Terms at any time. We will provide at least 30 days' notice of material changes by updating the "Last Updated" date and notifying Agency administrators via email. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

For Agencies with active subscription agreements, any modifications that materially reduce the Agency's rights will not take effect until the next renewal period, unless the Agency consents in writing.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and Mind11 regarding the Service. These Terms supersede any prior agreements or understandings, whether written or oral.

18. Contact Us

For questions about these Terms of Service: