Terms of Service

Last Updated: September 19, 2024
Effective Date: September 19, 2024

1. ACCEPTANCE OF TERMS

WELCOME TO XMIND (HEREINAFTER REFERRED TO AS "WE," "OUR," "XMIND"). THESE TERMS OF SERVICE (HEREINAFTER REFERRED TO AS "TERMS") CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND XMIND. THESE TERMS APPLY TO ALL PRODUCTS AND SERVICES OFFERED BY XMIND (HEREINAFTER REFERRED TO AS THE "SERVICES"). YOUR USE OF THE SERVICE IN ANY MANNER INDICATES THAT YOU AGREE WITH THE ENTIRETY OF THESE TERMS, AND THESE TERMS REMAIN IN EFFECT THROUGHOUT YOUR USE OF OUR SERVICES. IF YOU REPRESENT A COMPANY, AN ORGANIZATION, OR ANOTHER ENTITY WHILE USING THIS SERVICE, YOU AFFIRM AND WARRANT THAT YOU HAVE THE RIGHT TO REPRESENT AND BIND THAT COMPANY, ORGANIZATION, OR OTHER ENTITIES TO THESE TERMS. IN THIS CASE, THE WORDS "YOU" AND "YOUR" SHALL REFER TO THAT COMPANY, ORGANIZATION, OR OTHER ENTITY.

BY ACCESSING OR USING ANY PART OF OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DISAGREE WITH THE BINDINGS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE ANY PART OF OUR SERVICES.

We may decide, at our discretion, to modify and update our terms at any time. If updates are made, we will post the updated terms on the website or other announcements. If you continue to use the service, it indicates you accept and agree to the updated terms. If you do not accept the updated terms, you shall not continue to access or use the services.

2. USER ACCOUNTS

You must create an Xmind account to fully access our features and services, and this account is for your personal use only. You may create an Xmind account directly through registration, or by registering and logging in with a third-party account (such as an Apple ID or Google account). Regardless of the method, your Xmind account will be used for subsequent logins and access. The use of another person’s account without permission is prohibited, and it is not allowed to use another person’s account to access paid products and services for which you have not paid.

When creating an account, you should ensure to submit true, accurate, and complete information that reflects the current situation. If you register with a third-party account, you must also ensure that the relevant information of the third-party account is accurate, and you will bear any consequences arising from inaccurate information.

You are entirely responsible for any and all activities that occur under your account. If you find any breach of security or unauthorized use of your account, you must notify us immediately. Although we are not responsible for any loss resulting from unauthorized use of your account, you may be liable for the loss to us or other parties caused by such unauthorized use.

Users who register and log in with a third-party account must ensure the security of that third-party account and promptly address any issues that may affect the security of the Xmind account. If the third-party account is disabled or becomes inaccessible for any reason, you may not be able to continue using your Xmind account to access our services.

3. LICENSE

Subject to your adherence to the terms and conditions of this agreement, including the payment of all applicable fees, we grant you a personal, non-licensable, non-exclusive, non-transferable limited license to use our services during the subscription term or trial period, according to your subscription plan, allowing and limiting you to use our services within the permitted user seats and/or other applicable usage limitations.

1. Under this license, you may access, install, and use us on computers or devices you own and/or control.
2. Despite the free trial we offer for some features, this does not indicate you acquire ownership of our services. All content you use and related intellectual property rights always remain in our ownership.
3. During the trial period, you may only use the services and any resulting output files or materials for personal evaluation purposes. Commercial use is prohibited unless the account is upgraded to a paid and active status. If needed for commercial purposes, the account must be in a paid and active state.
4. You agree that we can change the limitation method of trial services and stop support for trial services and any output files created during the trial at any time, and we shall not bear any responsibility for such changes. The risk regarding access to and usage of output files created through trial services is entirely yours.
5. You agree that we can change the types of applications included in the services (such as related components, versions, platforms, languages, etc.) at any time, without bearing any responsibility for such changes.
6. During either the trial period or subscription term, you must comply with all applicable laws, regulations, and provisions, and not use our services for illegal, threatening, harassing, or infringing activities.

4. PAYMENTS AND FEES

1. Fees. In order to use our complete services, you must pay all due amounts, based on effective rates or payables for the service, by providing accurate and up-to-date payment information to us and/or any of our third-party payment service providers. Different subscription plans and payment methods may apply to different products, services, or platforms. Please refer to the pricing details provided by the specific service you are using for exact costs.
2. Payment Method. Your method of payment is governed by your agreement with the payment providers (such as Stripe or PayPal). We and/or our third-party payment service providers will issue invoices directly for all payable amounts under these Terms without additional notice or consent. We reserve the right to change our prices and billing methods at any time, but we will not charge you fees that exceed a set price without informing you of fee changes. When you make purchase subscriptions or other transactions, you explicitly authorize us (or our third-party payment processor) to charge the necessary fees and may need to provide payment information including credit card info and billing address to complete the transaction. If you cannot provide accurate payment information, or we are unable to receive payment from your payment provider, it will be considered a serious breach of Terms. Unless otherwise explicitly indicated in this agreement, all service fees are non-refundable.
3. Subscriptions. In addition to some services that require a one-time payment, we also offer monthly, quarterly and yearly subscription plans to access all feature services. If you purchase a subscription, we and/or our payment provider will automatically charge you monthly, quarterly or yearly based on your subscription start date, until you manually cancel the subscription. Upon renewing your subscription, if we do not receive your payment, you agree that we can terminate or suspend your subscription and corresponding services, and continue to attempt to charge you through the payment service provider until payment is received. Upon receipt of payment, your subscription and corresponding services will automatically be activated. The date payment is received will be the new start date of your subscription.
4. Cancellations. You can cancel your subscription at any time. To avoid automatic renewal charges for the next cycle, please cancel at least 2 days (48 hours) before the current subscription expires. Cancelling your subscription does not mean that already paid fees will be refunded; it only stops the next automatic renewal. Your access to the service will continue until the end of the subscription period.
5. Taxes. All fees provided by us do not include any nature of taxes. The tax rate is calculated based on the payment information you provide and the applicable tax rate when the subscription fee is charged.

5. USER CONTENT

Any content that you post, upload, share, store, or otherwise provide through the Service or third-party services is your "User Content." We do not claim any ownership over your User Content. You affirm and warrant that you hold ownership rights of your User Content to access, use, and distribute your User Content in accordance with these terms.

1. Data Storage. This Service only permits the uploading and storage of Xmind files. You warrant not to disguise other formats as Xmind files and sync them with this service. When you upload or save your content to our servers, or download content via our services, you authorize us a global license to host and store these files. We also allow you to access and delete your content uploaded to Xmind. Ensure that the content you upload or save on our servers is entirely legal, including but not limited to the text, images, attachments contained in a mind map. Otherwise, we reserve the right, at our sole discretion, to delete any illegal files, revoke access and editing rights, or take other necessary actions.
2. User Feedback. We highly appreciate your feedback and look forward to knowing your opinions about our service. However, you are not obligated to provide us with suggestions or feedbacks. When you give feedback, you consent to our right to use, copy, modify, and distribute these feedbacks without further requiring your permission. This may include implementing your feedback to improve our service and develop new features and functions. Also, ensure that your feedback does not contain confidential and copyrighted information of yours or a third party.
3. User Submissions. Understand that irrespective of whether your submitted content is displayed or otherwise visible, we do not guarantee the confidentiality or security of any submitted content. You are responsible for your user content submissions, their postings, and the consequences post-publication. You affirm and warrant that you own or have the necessary permissions, rights, consents, and privileges to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any Content you submit per this Terms of Services; and you have written consent, waiver, and/or permission from each identifiable individual person in the User Content to use the name or likeness of each such identifiable individual person.
4. Content Deletion. You can actively delete your User Content. However, note that in some cases, some content may not be completely deletable. For instance, in collaborative editing, your submitted content has already merged with other users' content or shared with others. These might leave a lingering copy within the service. We do not assume any responsibility for any User Content removal or failure to remove, or failure to delete.
5. User Responsibility. We can't review all the content posted to our services, hence you bear full responsibility for your content, including but not limited to the content's accuracy, completeness, legality, applicability, others' rights to use and acquire it, as well as the use and impact of the content. Providing you services does not suggest or imply our endorsement of the content you publish, or that we consider such content accurate, helpful, or harmless. We bear no responsibility for any damage caused by your use of this service, or downloading or copying content posted therein. It's your responsibility to take necessary precautions, protecting yourself and your device/system from being violated by viruses and other harmful or destructive content.

6. CONTENT RESTRICTIONS

To ensure the security and legality of the services, and to maintain a positive experience for all users, you must adhere to the following content restrictions when using the services. Any violation of these rules may result in the removal of your content, suspension or termination of your account, and potential legal consequences:

1. You may not upload, post, or transmit any illegal content, including but not limited to infringing, harassing, threatening, abusive, defamatory, false, misleading, obscene, pornographic, violent, or otherwise inappropriate content.
2. You may not upload, post, or transmit any content that may infringe upon the intellectual property rights (including but not limited to copyrights, trademarks, patents), privacy rights, or other legal rights of others.
3. You may not upload, post, or transmit any content that contains viruses, malicious code, malware, or other materials that could harm the services, platform, or other users.
4. You may not upload, post, or transmit false or misleading content, including false statements or fraudulent activities.
5. You may not upload, post, or transmit any content that could constitute a criminal offense, give rise to civil liability, or violate any applicable laws or regulations.

7. BETA VERSION

From time to time, we may choose to offer new and/or updated features of our services ("Beta Features") as part of a beta-testing project ("Project"), intended for feedback on the quality and usability of service features. Please note that beta features may vary across different platforms and may present different issues and risks. You understand and agree that your participation in the Project is voluntary, does not establish any legal partnership, agency, or employment relationship between you and us, and we have no obligation to provide you with any Beta Features. We may provide such Beta Features to Project participants through online registration, offering downloads, or via solicitation.

Beta Features may contain errors or inaccuracies that could cause malfunctions of your files or devices, page crashes, or loss of file content. You expressly acknowledge and agree that you assume the risks of using the Beta Features.

We do not guarantee to provide you with technical and/or other support for the Beta Features. We reserve the right to modify the terms, conditions, or policies of the Project (including discontinuing the Project) at any time, with or without prior notice, and we may revoke your participation in the Project at any time.

You acknowledge that we are under no obligation to provide a commercial version of the Beta Features. As part of the Project, we will provide opportunities for you to provide comments, suggestions, or other feedback regarding the use of the Beta Features. You agree that, without signing a separate written agreement to the contrary, we may use any feedback you provide for any purpose at our discretion.

8. THIRD-PARTY SERVICES

1. Our services may provide integration with third-party services, applications, links, artificial intelligence, machine learning, or other technologies and content (collectively referred to as "Third-Party Services"). You may interact, access, or use these Third-Party Services through our platform.
2. These Third-Party Services may have their own terms of use, conditions, and privacy policies. When you use these Third-Party Services, you are governed by their applicable terms. These Third-party services may function differently or have limitations on different platforms. You should be aware of the terms and conditions associated with the third-party services when using them. You understand and agree that we shall bear no responsibility for any dysfunction, compatibility issues, errors, or loopholes in the services, whether it's whole or in part, resulting from these Third-Party Services, any updates, or upgrades.
3. We reserve the right to suspend or terminate your access to and use of Third-Party Services at any time, at our sole discretion, including suspending access or terminating your account, without providing further notice.
4. In the process of using all AI-driven services provided by us and/or Third-Party Services, including but not limited to mind map generation, automatic layout optimization, text recognition and translation, and other related functions, we reserve the right to update the following terms from time to time without prior notice.
1. In terms of all content that you input within our services, including questions, commands or data, you are responsible for ensuring its truthfulness and legality. We are not accountable for the accuracy or completeness of the information you provide. We will respect your rights and assure the privacy of all content that you input.
2. The content generated by AI does not represent our views. You acknowledge that due to the nature of machine learning, as well as the technology supported by Third-Party Services, we cannot guarantee the uniqueness, accuracy, completeness, or reliability of the generated information. You should validate this information on your own. We do not bear any responsibility for any losses or damages arising from the utilization of information produced by our AI services.
3. Regarding the ownership of AI-generated content, all types of AI-generated content exported by this product shall remain under the ownership of this product, and within the scope permitted by law, may be utilized by our product to improve our services.
4. To ensure and improve the quality of AI services, we may leverage APIs from various third-party service providers. You acknowledge and accept that we reserve the right to change or adjust the Third-Party Services we rely on, without bearing any responsibility or the need to provide further notice.
5. At present, our AI services utilize the API interface provided by OpenAI. Your usage of our AI services is also subject to the terms and policies of OpenAI, including but not limited to its usage policy, privacy policy, sharing and publication policy, among others.

9. DISCLAIMER

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE AND OUR SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE OUR SERVICES ARE FREE FROM ERRORS, OR THAT YOUR ACCESS TO AND USE OF THE SERVICES WILL BE STEADY AND UNINTERRUPTED. YOU SHOULD UNDERSTAND AND ASSUME ALL RISKS THAT COULD POTENTIALLY ARISE FROM DOWNLOADING OR OBTAINING ANY CONTENT OR SERVICES FROM OUR PLATFORM. AS THE USE OF OUR SERVICES INEVITABLY INVOLVES TRANSMISSION OF USER DATA OVER THE INTERNET, WE ARE NOT RESPONSIBLE FOR THE LOSS, ALTERATION, INTERCEPTION, OR STORAGE OF SUCH DATA. ALSO, WE BEAR NO RESPONSIBILITY FOR ANY DELAYS, INTERRUPTIONS, FAILURES, OR OTHER ISSUES THAT MIGHT BE CAUSED BY USING THE INTERNET, ELECTRONIC COMMUNICATIONS, OR SYSTEM DEVICES.

10. RIGHT AND LIMITATION

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE OR ANY SUPPLIER INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL NOT BE RESPONSIBLE FOR ANY OF THE FOLLOWING LIABILITIES THAT ARE CAUSED BY ANY REASON: LOSS OF PROFITS, REVENUES, OR DATA IN ANY FORM; ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR ANY DAMAGE OR COST RESULTING FROM WEAR AND TEAR PRODUCTION, BUSINESS INTERRUPTION, OR THE SEARCH AND PURCHASE OF ALTERNATIVE PRODUCTS OR SERVICES. IN ANY CIRCUMSTANCE, OUR CUMULATIVE LIABILITY TOWARDS YOU SHALL NOT EXCEED THE SUBSCRIPTION FEES YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT OR SERIES OF EVENTS CAUSING SUCH LIABILITY; OR 100 DOLLARS, WHICHEVER IS GREATER. WE BEAR NO LIABILITY FOR ANY RELATED FAILURES CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL. THE ABOVE DAMAGE COMPENSATION LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE TRANSACTION BETWEEN US AND YOU.

11. TERM AND TERMINATION

1. Term. These terms become effective when you first use this service and remain fully in effect while you use our services, up until your Xmind account is deleted or terminated.
2. Termination. We reserve the right to immediately suspend or terminate any services provided to you in response to unforeseen circumstances, events beyond our control, or to comply with local laws and regulations. When your Xmind account is terminated, your access to all Xmind-related services will be terminated simultaneously. If such occurs, we will try to notify you in advance so that you can export your content from our services. You agree that all decisions of termination are at our sole discretion, and we bear no responsibility for the termination of your service. You may also terminate the services we provide by deleting your Xmind account on your own.
3. Effect of Termination. Upon termination of the service, you must cease using this service immediately. You understand that following the termination of the service, we may promptly delete your account, password, and all related or internal information, including your user content, from our databases. Upon termination, your account and all related content may be deleted. We shall bear no responsibility for any resulting consequences. If your use of our services is terminated due to a violation of any part of the user terms or for any other reason, you may not attempt to re-register or access any of our services through email or any other methods on any Xmind platform.

12. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless us, our parent companies, managers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) arising from the following reasons, including but not limited to:

1. Your use or access to this service;
2. Your violation of any provision of these service terms;
3. Your infringement of any third-party rights, including, but not limited to, copyright, property rights, or privacy rights; or any claim of damages to a third party caused by your content.
4. This obligation of defense and indemnification will remain effective during and following the duration of these service terms and your use of this service.

13. ACKNOWLEDGEMENT OF TERMS

You acknowledge that you are a user over the age of 18, or a minor with the capacity to act independently, or have obtained the consent of your parent or guardian. You affirm that you are fully capable to agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these service terms, and to abide by and comply with these service terms.

14. OTHERS

1. Retention of Rights. We and/or our licensors should have all the rights, ownership, and interests in the service, including all associated intellectual property rights. You acknowledge that the service is protected by national/regional copyrights, trademarks, and other laws. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notice included in or accompanied by the service.
2. Force Majeure. We bear no responsibility for any delays, interruptions, failures, or other issues with the service caused by force majeure events. Such events include, but are not limited to, natural disasters (such as fires, floods, earthquakes, storms, and pandemics), wars, acts of terrorism, civil unrest, changes in government, government actions, strikes and labor disputes, or any other public health crises, among others.
3. Assignment. Without our prior written consent, you are prohibited from assigning these terms, or any rights under these terms. Any assignment in violation of these terms shall be deemed invalid. We reserve the right to assign or transfer any or all of our rights and obligations under these terms at any time, without further notice.
4. Severability. If, for any reason, any provision of our terms is adjudged to be invalid, illegal or unenforceable by a court or any other legal body with jurisdiction, then said provision will be eliminated or limited to the minimum necessary extent required to conform to applicable law, thus enabling the remaining provisions of our terms to remain in full effect.
5. Waiver. Any explicit waiver or failure to exercise any of the listed terms by us shall not be construed to be a waiver of any other terms or a waiver of such terms under any other circumstances.
6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China. You and Xmind Ltd. shall try to settle the dispute that relates to or arises in connection with this Agreement or in the execution thereof amicably through negotiation. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.