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These Terms of Use ("Terms") govern the access to and use of the mental wellness service provided by Tebahsoft Inc. (the "Company") through its digital platform, MindDiary (the "Service").

The purpose of these Terms is to protect the rights and interests of users, ensure safe and ethical use of the Service, and clarify the responsibilities and limitations of both the Company and the Users, in accordance with applicable U.S. laws, including the Children's Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA).

By accessing, registering for, or using the Service, users agree to be bound by these Terms. If you do not agree to these Terms, you must not use or access the Service.

For the purposes of these Terms, the following definitions apply:

1. "Service": Refers to MindDiary, the mental health journaling platform developed by Tebahsoft Inc., accessible via web, mobile apps, or other platforms.

2. "User": Refers to any of the following:

• a child under the age of 13 who uses the Service with verified parental or school consent,
• a parent or legal guardian who manages a child's account,
• an authorized educator (e.g., teacher, counselor, school official) managing student accounts for educational use.
• The Service does not permit registration or use by general users who are not in one of these roles.

3. "Parent or Legal Guardian": An individual with legal authority over a minor, who must provide verifiable consent before the minor can create an account or use the Service.

4. "Account": A user profile created to access and use the Service, containing personal information, usage data, and emotional insights.

5. "School Official": A teacher, counselor, or administrator with authorized access to student data for educational purposes, in accordance with FERPA.

6. "Personal Information": Any data that can identify an individual, including name, email, school affiliation, emotion logs, LBTI results, or other behavioral data, as defined by applicable privacy laws.

7. "Agreement": Refers to this Terms of Use document, which constitutes a legally binding contract between the User (or their legal representative) and the Company.

8. "Content Sharing": A feature that allows Users to share selected writings or emotional entries with peers or teachers. This is strictly opt-in and requires explicit user action.

1. Only parents/legal guardians and authorized educators may register to use the Service. Children may only access the Service through accounts created and managed by a parent or educator with proper consent as required by COPPA and FERPA.

2. The Service Agreement becomes effective only upon the Company's verification of such consent and issuance of account credentials for the child.

3. The Company generally recommends that student accounts be created and distributed by authorized educators or school administrators ("Group Leaders") for classroom use. In such cases, parental consent is deemed to be managed by the school in accordance with applicable laws such as COPPA and FERPA.

4. Paid services, if any, are subject to additional terms and conditions, including payment obligations, which must be explicitly agreed to by the user (or guardian, where applicable).

1. The Company shall generally approve applications to use the Service unless technical, operational, or legal grounds prevent it.

2. However, the Company may reject or delay approval of applications in the following circumstances:

• The applicant has previously had their account suspended or terminated for violations of these Terms.
• The application includes false, incomplete, or misleading information.
• The applicant is not a verified parent, legal guardian, or authorized educator, or attempts to register as a general user not permitted by these Terms.
• The use of the Service would violate any applicable law or regulation.

3. The Company reserves the right to verify the authenticity of the application and consent when necessary.

1. Users retain ownership of the content they create within the Service, such as journal entries, emotional logs, and LBTI results.

2. The Company shall manage user information in accordance with its Privacy Policy, ensuring compliance with COPPA (for minors) and FERPA (for school-affiliated users).

3. For school groups, designated Group Leaders (e.g., teachers or administrators) may be granted access to student data solely for educational or counseling purposes under FERPA guidelines. Parents and legal guardians, on behalf of the child, retain ownership.

4. All personal and emotional data is encrypted and stored securely. Data access is limited to authorized personnel as defined by the Company's data protection protocol.

1. Users are solely responsible for maintaining the confidentiality and security of their account credentials (ID and password).

2. The Company shall not be held liable for any loss, damage, or unauthorized access arising from a user's failure to safeguard their credentials.

3. If a user becomes aware of any unauthorized access or suspected breach of their account, they must notify the Company immediately.

1. A user may request termination of their account at any time via the Service's account settings or by contacting customer support.

2. Upon receipt of a termination request, the Company shall process the account deactivation promptly, except in the following cases:

• There is an ongoing legal investigation or dispute involving the account.
• The user has unpaid obligations (e.g., unpaid subscription fees, if applicable).

3. Termination will result in the deletion or anonymization of the user's personal data, subject to retention policies and applicable legal obligations (e.g., educational record keeping requirements under FERPA).

4. For minors, a parent or legal guardian may also request account termination and deletion of data at any time.

1. The Company provides the Service through web and mobile platforms. The content and functionality of the Service may evolve over time to improve user experience or comply with legal and technical requirements.

2. The Company will notify users in advance, through appropriate means (e.g., in-app notices, email, or website announcements), when significant changes are made to the Service.

3. In cases of maintenance, emergency, or unforeseen system failures, the Service may be temporarily suspended. The Company shall make reasonable efforts to notify users in advance or as soon as possible.

1. The Service is designed primarily for children under 13 and requires account creation and consent by a verified parent or authorized educator.

2. When the Service is used in an educational setting, student accounts may be created and managed by authorized educators. In such cases, school consent is accepted as a substitute for parental consent, under the "School Consent" provision of COPPA.

3. The Company does not require children to provide more personal information than is reasonably necessary to participate in activities or use the Service.

1. The Service may be used by schools and educators to support student mental wellness and journaling activities. When used in such contexts, the Company shall comply with the Family Educational Rights and Privacy Act (FERPA).

2. All student data accessible to school officials through the Service shall be treated as Educational Records, and access is limited to authorized teachers or school administrators for legitimate educational purposes.

3. The Company will not use or disclose such data for advertising, profiling, or other commercial purposes.

4. Upon written request from the school or a parent, the Company shall allow access to, correction of, or deletion of student records as required by FERPA.

1. For California-based users and institutions, the Company complies with the California Student Privacy Certification (CSPC) guidelines.

2. The Company does not sell student information, create student profiles for non-educational purposes, or use student data for targeted advertising.

3. The Company implements reasonable security procedures and practices to protect student data from unauthorized access, destruction, use, modification, or disclosure.

4. Schools and parents may request data access logs and receive reports on how student data has been handled or shared.

1. The Service provides digital self-care tools designed to support emotional awareness and personal reflection. These include AI-powered journaling, emotional tagging, Life Balance Time Indicator (LBTI) assessments, and motivational feedback messages.

2. These features are intended solely for general wellness and educational support. They do not constitute medical or psychological diagnoses, treatment, or crisis counseling.

3. Users under the age of 13 who are not using the Service through a school-managed account are advised to do so only with the supervision and consent of a parent or legal guardian. When used in a school context, teacher supervision is assumed and required.

1. The Service utilizes artificial intelligence models to analyze user-generated content (e.g., diaries, journal entries) and identify emotional states and trends.

2. Feedback generated by the system is personalized and algorithmic. It may include reflective prompts, encouragement, or emotion summaries, but shall never include clinical advice.

3. Emotional analysis is based on linguistic patterns and emotional dictionaries developed for educational purposes, and may not be accurate in all contexts.

4. Users and authorized educators may view analysis results, but these outputs are to be interpreted as informative only, not therapeutic.

1. Emotional and psychological data collected through self-care features is considered sensitive personal information and will be stored securely.

2. The Company shall not sell, profile, or use self-care data for advertising or commercial purposes, in full compliance with COPPA, FERPA, and California Student Privacy Certification (CSPC) regulations.

3. Access to such data is limited:

• For school-based accounts, only authorized educators may access student data for educational purposes.
• For individually registered minors under 13, data access is restricted to the child and their legal guardian.

4. Upon request by the user, parent, or school, the Company shall allow correction or deletion of emotional data in accordance with applicable laws.

1. The Company may introduce new features or modify existing services as part of ongoing development to improve user experience, adapt to legal changes, or enhance system performance.

2. In the event of major service modifications, the Company will notify users in advance via in-app alerts, email, or other reasonable channels.

3. If certain self-care features are discontinued, users will be provided a reasonable period to download or export their emotional history, when feasible.

4. The Company shall ensure that changes do not result in unexpected loss of user-generated content or analytical feedback, except when such changes are mandated by law or system risk.

1. Users may post or submit written content, such as journal entries, reflective writings, comments, feedback, or other data (collectively, "User Content") through the Service.

2. The Company does not pre-screen or edit User Content, but reserves the right to review, monitor, remove, or restrict access to any content that:

• Violates applicable laws or these Terms of Use,
• Infringes upon the rights of others,
• Includes personal attacks, hate speech, or harmful psychological triggers, or
• Disrupts the educational or wellness purpose of the Service.

3. The Company may temporarily or permanently disable accounts that repeatedly or egregiously violate content policies.

4. The Company will comply with all applicable intellectual property and privacy laws, including the Digital Millennium Copyright Act (DMCA), when handling reports of content misuse or copyright infringement.

1. Users retain full copyright and intellectual property rights in any content they create and submit through the Service.

2. By submitting content to the Service, the user grants the Company a limited, non-exclusive, royalty-free, worldwide license to use, host, store, reproduce, and display such content solely for the purpose of providing, improving, or maintaining the Service, including emotional analysis, class trend summaries, and user experience enhancements.

3. The Company will not publicly display, publish, or share any User Content without the user's explicit consent, unless such content is anonymized and aggregated for educational or research purposes.

4. In school-managed environments, teachers may access students' posts only when such access is authorized by the school and aligned with educational use under FERPA.

5. If a user deletes their account, their content will be permanently deleted unless it is:

• Already anonymized and included in aggregated reports,
• Required to be retained under applicable law or school contract.

6. Users shall not upload content that they do not have rights to, and they shall indemnify the Company for any damages or legal consequences resulting from copyright violations.

1. The Service may provide a point system ("Points") designed to support educational motivation, emotional engagement, and healthy usage behavior. Points are not legal currency and have no cash value unless explicitly stated.

2. Points may be accumulated by users in the following ways:

• Automatically by the Service based on participation (e.g., journaling, mood tracking, reflection activities),
• Assigned by authorized teachers or school administrators within an educational setting,
• Granted by a parent or legal guardian through a verified transaction (for users under 18),
• Points may only be granted by verified parents or legal guardians. Direct purchases by children are not permitted.

3. For users under the age of 13, any point purchases or parental grants must be preceded by verifiable parental consent, as required by the Children's Online Privacy Protection Act (COPPA).

4. Points may be redeemed only within the Service for educational or wellness-related items or features (e.g., custom avatars, motivational badges). They may not be exchanged for real-world goods, money, or external services.

5. The transfer of points between users is not permitted, unless explicitly allowed in a classroom setting and monitored by an authorized educator. Gifting between accounts must comply with applicable privacy rules and may be restricted for minors.

6. Points earned or used by students as part of a school program may be visible to their teachers for educational feedback purposes, in accordance with FERPA. The Company will not share point data with third parties for advertising, marketing, or profiling.

7. The Company reserves the right to revoke, adjust, or limit the use of Points in cases of misuse, system error, or policy violation. Points may also expire after a defined period of inactivity, as described in supplemental point terms.

1. The Company reserves the right to suspend or revoke a user's membership and access to the Service, in whole or in part, under the following circumstances:

• Violation of these Terms of Use or applicable laws;
• Repeated submission of harmful, abusive, or offensive content;
• Fraudulent activity, identity misrepresentation, or unauthorized access attempts;
• Interference with the normal operation of the Service or other users' experience.

2. Prior to revocation, the Company will notify the user of the alleged violation, provide a reasonable opportunity to respond, and conduct a fair review process.

3. Immediate suspension without prior notice may occur in cases of severe violations that threaten the security, legality, or integrity of the Service or user safety, particularly for minor users.

4. Upon revocation, any personal data and point balances associated with the account will be processed in accordance with the Company's Privacy Policy and applicable retention regulations.

1. The Service and all related content are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

2. The Company shall not be held liable for any damages or losses resulting from:

• System interruptions, delays, or errors due to external causes beyond its control (e.g., natural disasters, network failures);
• Unauthorized access or use of user data due to user negligence;
• User reliance on emotional feedback or analysis for medical or psychological decisions.

3. All users are under the age of 13. Therefore, all use of the Service must be supervised by a verified parent or legal guardian. The Company disclaims any liability arising from unsupervised use of the Service by minor users.

1. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, excluding its conflict of laws principles. However, if mandatory local laws or education-related regulations in the country or region where the user resides or accesses the Service require otherwise, such local laws shall prevail.

2. Any disputes arising in connection with the Service shall first be resolved through good-faith discussions and mutual consultation between the parties.

3. If a dispute cannot be resolved through such consultation, it shall be handled in accordance with the applicable laws of the relevant country or region, and submitted to the competent court or appropriate mediation authority having jurisdiction under those laws. Where a specific jurisdiction is required by local legislation, such requirement shall take precedence.

4. The parties agree to waive any right to a jury trial or participation in a class action with respect to any dispute arising out of or relating to the Service. However, this waiver shall not apply where prohibited by local law.

1. The Service may contain links to third-party websites, platforms, or services that are not operated or controlled by the Company.

2. The Company does not endorse or assume responsibility for the content, privacy practices, or policies of any third-party sites.

3. Users access third-party services at their own risk and should review their terms of use and privacy policies independently.

1. The Company implements administrative, technical, and physical safeguards designed to protect student data from unauthorized access, disclosure, alteration, or destruction.

2. These safeguards include but are not limited to:

• End-to-end encryption of sensitive data during transmission and at rest,
• Role-based access control to restrict access to educational data,
• Multi-factor authentication for educator accounts.

3. System security is regularly audited, and vulnerabilities are patched in accordance with industry standards.

1. The Company maintains system access logs that record who has accessed student data, when, and for what purpose.

2. Schools and parents may request a summary report of such access logs by submitting a written request to the Company's designated privacy officer.

3. In case of any data breach or unauthorized access, the Company shall promptly notify the affected school and/or parent in accordance with state and federal law.

1. Student data will not be used to create a personal profile of the student except in furtherance of K-12 school purposes as permitted by the school.

2. The Company shall not use or disclose student data for:

• Targeted advertising,
• Selling to third parties,
• Behavioral profiling unrelated to education or wellness purposes.

3. All uses of student data shall comply with the principle of data minimization and shall be limited to the educational functions required by the school or the Service.