# Mindsmiths Mindsmiths builds AI for every place a company meets people: its customers, its staff and its managers. One platform, a different voice for each, all built to grow the business. Our clients include national telecom operators, fintechs and an airport, in Europe and the US. Most people rely on a handful of companies: the bank they'd call if their card got stolen, the one airline they'd rebook with, the doctor whose messages they actually open. The rest they tune out, usually without noticing. What sets the few apart isn't how often they get in touch. It's knowing when to show up, when to wait, and when to leave people alone. The best people inside any company learn this over years. It has never been written down, so AI has never learned it. We write it down, train AI on it, and test it with real people. What helps stays. What doesn't gets dropped. Companies run it with their own customers to become one of the few. It matters more every month. People are starting to send their own AI to deal with the companies they tune out. This file is the whole website: who we work with, how our AI works, what happens to the data, how a first project works and what it costs, where we're not a good fit, and how to reach us. It's written so your AI can read all of it, and so can you. ## About ### Who we work with National telecom operators, fintechs and an airport, in Europe and the US. We're publishing case studies that name them, with what changed and how it was measured. They'll appear here first. ### How it started In the spring of 2020, Croatia's healthcare hotlines were getting four times more calls than they could handle. Our founder, Mislav Malenica, had spent 20 years as an AI scientist, building medical diagnostic algorithms used on millions of people. So the team set out to build an AI assistant with the Croatian government to take some of the load. The plan was a diagnostic AI, and it fell apart almost at once. There was no data to train on and no medical guidelines to follow yet. Even the country's best epidemiologists couldn't tell flu from COVID without a test. So the assistant, Andrija, couldn't diagnose anything. What it could do was show up every day: answer what it could, say plainly what it didn't know, and ask how you and your family were doing. More than 50,000 people used it in the first 15 minutes. Within a week, the load on the call centers had dropped by more than 25%. When the team called people to ask why, they kept hearing the same thing: with Andrija, the situation felt serious but under control. Soon after, companies in telecom, healthcare, fintech and higher education asked for the same thing for the people they serve. ## Our AI Which plan fits. What to say to an upset customer. What changed this week, and why. Our AI helps customers, staff and managers with these small decisions, and checks afterwards whether it actually helped. ### How our AI is different Most AI that talks to customers does one of two jobs. Customer service AI answers what people ask. Marketing tools send what the company wants to sell. You keep both. Ours does a third job: it works out what would actually help each person, and when. Sometimes that's a heads-up before something runs out. Sometimes it's weeks of help before any offer. Most days it leaves them alone. That's how the people we rely on work: the mechanic who says the repair can wait, the doctor who says you don't need the scan. You go back to them for everything else. ### What it does Each one is measured on a number you already track. #### For your customers - **Finding you (acquisition).** Visitors get a real answer, with the reasons, before anyone asks for their number. *Moves:* leads from the same traffic, cost per lead. - **Choosing well (conversion).** It recommends what fits and says why, including what they can skip. *Moves:* conversion, returns, early cancellations. - **Getting started (onboarding).** One step at a time, when they need it, until the product works for them. *Moves:* early churn, support calls. - **Staying (retention).** A heads-up before something goes wrong, and quiet the rest of the time, so they still read you when it counts. *Moves:* churn, response rate, usage. - **Coming back (win-back).** For people who went quiet: weeks of something useful first, the offer last. *Moves:* accepted offers, cost per reactivation. #### For your staff - **Daily coaching.** A few minutes a day of practice on the conversations people avoid, not the easy ones. *Moves:* conversion per person, time to ramp, attrition. - **Field sales.** Every morning: where to go, and which accounts are slipping before the quarter shows it. *Moves:* target attainment, accounts lost. #### For your managers - **The weekly picture.** What customers said this week in their own words, including what nobody wants to hear, and an AI to ask the next question. *Moves:* days from a customer signal to a decision. ### How it works 1. **Notices.** It reads what is happening for each person from the systems a company already runs, such as billing, support and usage. 2. **Decides.** It works out whether anything would help right now. Often the answer is to do nothing. 3. **Helps.** It explains, reminds or answers on the channel the person already uses. When a person would be better placed to help, it hands over. 4. **Checks.** It looks at what happened next. What helped is kept, and what didn't is dropped. ### What happens to the data - **It stays put.** Customer conversations and personal details stay in the company's own isolated environment. They are not used to train anything and are never pooled across companies. - **We learn the method.** What improves over time is how to help, learned from working with the company's team, not from its customers' conversations. - **People sign off.** A person approves how the AI behaves before it goes live. Consent and contact limits are enforced by the system. We are ISO 27001 certified and working toward SOC 2 Type II. ### How a first project works - It starts with one audience and one group of people, measured against a control group that doesn't get it. - Your team approves every playbook before it goes live. - How long setup takes depends on what it touches. Some projects run within a few weeks: helping visitors on your website takes one line of code, and short daily lessons for staff are just as quick. Keeping customers longer means connecting to the systems where your customer data lives, so those projects take longer. - We agree the success number before launch, on a number you already track. ### What it costs A first project is a fixed fee, agreed before it starts. After that, one meter: you pay for what the AI actually does, with lower rates for annual commitments. ## Join us Our engineering team is in Zagreb, Croatia. What we build goes live with national telecom operators, fintechs and an airport, in Europe and the US, usually soon after it ships. The hard part isn't getting a model to write a good message. It's deciding, for one person on one day, whether to send anything at all, and checking later whether that was the right call. You own a problem and ship it, end to end. If you'd like a detailed plan handed to you each week, it won't suit you. If you'd like to see your work in front of real customers within weeks, it will. Kebab Monday, Squid Friday and karaoke. ### Open positions - **Software Engineer.** Junior or experienced. Design, build, test and ship with a lot of freedom. We use Python, Java and Vue.js most. Write to [juraj@mindsmiths.com](mailto:juraj@mindsmiths.com). - **Product.** Work close to customers and shape what gets built: UX, product ownership and project management. Write to [juraj@mindsmiths.com](mailto:juraj@mindsmiths.com). ### Before you write - Engineering and product roles are on site in Zagreb, at Zavrtnica 17. - We hire students and full-time employees. Both work full time. - We don't have machine learning or data science roles. - There's no form, and you don't need a CV. ## Contact Write to the person who handles what you need, or to [hello@mindsmiths.com](mailto:hello@mindsmiths.com) and we'll pass it on. - **Sales in the US.** Jordan Yates, VP of Sales. [jordan@mindsmiths.com](mailto:jordan@mindsmiths.com) - **New opportunities and media.** Martina Silov. [martina@mindsmiths.com](mailto:martina@mindsmiths.com) - **Technical.** Juraj Malenica, Head of Engineering. [juraj@mindsmiths.com](mailto:juraj@mindsmiths.com) - **Product.** Majana Havranek, Head of Product. [majana@mindsmiths.com](mailto:majana@mindsmiths.com) - **Your data.** See, correct or delete the data we hold about you. [hello@mindsmiths.com](mailto:hello@mindsmiths.com) Mindsmiths is a US company, with people in San Francisco and Miami. Our engineering team works in Zagreb, Croatia. ## Company details - **Mindsmiths, Inc.** A Delaware corporation. 1000 N West Street, Suite 1200, Wilmington, DE 19801, U.S.A. - **Mindsmiths d.o.o.** Our engineering subsidiary. Zavrtnica 17, HR-10000 Zagreb, Croatia. Company reg. no. 081287362, Commercial Court Zagreb. Director: Mislav Malenica. - **Legal notices.** [hello@mindsmiths.com](mailto:hello@mindsmiths.com) ## Messaging, calls and consent We build and run assistants for the companies we work with, including over SMS and messaging apps. The same rules apply whether a message comes from us or from a company on our platform. - **Opt in first.** We only message people who have agreed to be contacted on that channel. No bought lists. - **Clear sender.** Every conversation says which company it comes from, right at the start. - **Easy to stop.** To stop receiving messages at any time, write to hello@mindsmiths.com and we'll opt you out. - **Only what's useful.** Service updates, account and billing information, onboarding, support, and educational content you've opted into. How often you hear from us depends on your account activity. - **No cost from us.** Message and data rates from your carrier may apply. - **Your number.** Mobile numbers and consent records are used only to deliver this service. We don't sell personal information, and we don't share opt-in data with third parties for their marketing. ## Data protection ### Introduction At Mindsmiths, we prioritize the protection of your data. We are committed to maintaining the highest standards of data security and privacy. This page provides comprehensive information about our data protection practices and the measures we take to safeguard your information. ### Data Protection Measures - Encryption: We employ AES-256 encryption for data at rest and TLS 1.2 and higher for data in transit, ensuring that your data is securely stored and transmitted. - Access Controls: Strict access controls are implemented, ensuring that only authorized personnel with a need-to-know basis can access your data. We also follow the principle of least privilege and use role-based access control (RBAC) to limit access to sensitive information. - Network Security: Our systems are protected by advanced firewalls, intrusion detection systems, and regular security assessments to safeguard against unauthorized access. ### Compliance with Regulations Mindsmiths is committed to ensure the privacy and protection of personal data. We diligently follow the guidelines and principles set forth by the General Data Protection Regulation (GDPR). We prioritize data privacy, transparency, and the rights of individuals when handling personal data, and continuously strive to align our practices with GDPR standards. Our data handling practices align with the principles outlined in these regulations, including data minimization, purpose limitation, and lawful processing ### Data Handling Practices - Data Minimization: We collect and retain only the data necessary to provide our services. We prioritize data minimization to reduce the potential impact in case of a breach. - Purpose Limitation: Your data is processed only for the intended purposes specified at the time of collection, and we do not use it for any other purposes without obtaining your consent. - Anonymization and Pseudonymization: When appropriate, we apply anonymization or pseudonymization techniques to further protect your personal data. ### Access Controls - Authorized Access: Access to your data is granted only to authorized personnel who require it to perform their duties. Access is strictly controlled and monitored to prevent unauthorized use or disclosure. - Monitoring and Logging: We maintain comprehensive access logs and conduct regular monitoring to detect and respond to any unauthorized access attempts or suspicious activities promptly. ### Incident Response In the event of a data breach or security incident, we have robust incident response procedures in place. Our dedicated team follows the NIST incident response process, ensuring swift detection, containment, eradication, recovery, and post-incident analysis to minimize any potential impact. ### User Rights and Transparency - Data Subject Rights: We respect your rights regarding your personal data. You have the right to access, rectify, and delete your data, as well as the right to restrict or object to its processing. - Transparency: Our privacy policy provides clear and transparent information about how we handle your data, including details on the purposes of processing, data retention periods, and your rights as a data subject. ### External Audits and Certifications To validate our commitment to data protection, we undergo regular audits and hold certifications, such as ISO 27001. These external validations assure you that our security controls and practices align with internationally recognized standards. ### Support and Reporting If you have any concerns or questions regarding data protection or wish to report a data-related issue, our dedicated support team is available to assist you. By implementing these comprehensive data protection measures and adhering to regulatory requirements, we strive to provide a secure environment for your data and maintain your trust in our services. ## Secure development ### Introduction At Mindsmiths, secure development is at the core of our practices. We prioritize the implementation of robust security measures throughout the software development lifecycle to ensure the delivery of secure, high-quality solutions. ### Key Practices #### Adherence to SDLC Policy - We strictly follow the Software Development Lifecycle (SDLC) policy, encompassing all phases from requirement analysis to decommissioning, meeting the highest security standards. - Each phase is executed with a focus on incorporating security measures and controls. #### Data Validation and API Integrity - Special emphasis is placed on data validation to ensure the integrity and accuracy of data processed by our applications. - APIs are developed and maintained with strict adherence to OWASP (Open Web Application Security Project) standards, ensuring secure communication and preventing vulnerabilities. #### Sensitive Data Protection - Stringent measures are applied to protect sensitive data throughout its lifecycle. - Rigorous validation procedures are in place to ensure the confidentiality, integrity, and availability of sensitive data. - Controlled access is enforced based on data sensitivity and project needs, limiting access to authorized personnel only. #### Immutable APIs - To ensure seamless interoperability and minimize disruption, all APIs are treated as immutable under normal circumstances. - Changes to open APIs are considered breaking changes, requiring prior notification and confirmation from clients to ensure smooth transitions. ### OWASP - We actively incorporate the OWASP framework into our secure development practices. - OWASP provides industry-accepted best practices and guidelines for web application security. - Our development teams stay updated on the latest OWASP recommendations to address emerging security challenges effectively. ### Compliance and Quality Assurance - We prioritize compliance with industry standards, regulations, and best practices. - Regular reviews, audits, and testing are conducted to ensure ongoing compliance with security requirements and the effectiveness of our secure development processes. ## Terms of Service Last update: November 28, 2024 Mindsmiths is a platform as a service (PaaS) for development of intelligent agents (the “**Platform**”). We provide a development and deployment environment in the cloud for creation of artificial intelligence software that shows these characteristics (i) collects signals from the environment; (ii) can model complex domain expertise to achieve set goals; (iii) autonomously makes decisions and communicates with the user in a personalized and proactive manner; (iv) improves the quality of decisions by learning. We created these Terms of Service (the **“Terms”**) to be as straightforward and easy to understand. We are committed to keeping your data secure and being transparent about our processes. These Terms will be superseded by written agreement between Mindsmiths and you related to the delivery of the Services. Please review the Terms carefully because they govern your use of our services on the Platform, APIs and website located at [www.mindsmiths.com](https://www.mindsmiths.com) and its subdomains (collectively, the **“Services**”). If you do not agree to be bound by these Terms you may not use the Services. Please note that if you have entered into a Platform License Agreement with Mindsmiths, that agreement may supersede these Terms except with respect to your general use of our website. ### 1. Agreement and Changes to Terms #### a. Agreement to Terms These terms are a binding legal commitment between you and Mindsmiths, so please read them carefully. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. If you do not agree to be bound by these terms, you may not use the Services. #### b. Changes to Terms or Services We may modify or update the Terms and Services at any time, in our sole discretion. If we revise these Terms or make changes to the Services that we believe may significantly impact your use of the Services, we’ll let you know via an email to the email address owner of your Account. If you continue to use the Services after we have communicated the modified Terms to you, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. ### 2. Privacy Policy Please refer to our Privacy Policy ([https://mindsmiths.com/privacy-policy](https://mindsmiths.com/privacy-policy)) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. ### 3. Use of the Services #### a. Eligibility You may use the Services only if you are 18 years or older and capable of forming a binding contract with Mindsmitsh and are not barred from using the Services under applicable law. #### b. Services Services are offered on a hosted basis. Mindsmiths will provide you with methodology and the necessary infrastructure resources (storage, compute) required to use the Platform for development and deployment of intelligent agents. Optionally you may use Platform hosted integrated development environment (IDE) or one or more Platform plugins. c. Services License Grant Subject to your compliance with these Terms, Mindsmihs grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Services (including any related written documentation that may be provided to you by Mindsmiths during the term of these Terms (“Documentation”) solely for the following purposes: - to develop your intelligent agents that interface with Platform Services (“Intelligent Agent”), solely for your internal business purposes in accordance with the licencing plan for which you have paid all applicable fees (as further described in Section 5); and - to make the Services available to Authorized Users (as defined below) and end-users via your Intelligent Agent in accordance with the Documentation and these Terms. #### d. License Restrictions You may not allow access to or use of the Services by anyone other than individuals whom you have authorized through the methods permitted by Mindsmiths (e.g., by assigning unique login credentials to each such individual) to use the Services solely on your behalf and for whom all applicable fees have been paid. Such individuals are referred to in these Terms as **“Authorized Users,”** and may include but are not limited to your employees, consultants, contractors, and agents. You may not copy any portion of the Platform. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Platform; (ii) distribute, transfer, sublicense, lease, lend or rent the Platform to any third party; (iii) reverse engineer, decompile or disassemble the Platform; or (iv) make the functionality of the Platform available to anyone other than your Authorized Users except with our express written permission. Mindsmiths reserves all rights in and to the Services not expressly granted to you under these Terms. #### e. Messaging end-users Our Services may allow you to send messages to your end-users using various communication channels (e.g. WhatsApp, email, SMS, Telegram etc.). You represent and warrant that you have all rights and consents, and will obtain all rights and consents, necessary to send any end-user messaging, and are solely responsible for complying with any applicable laws, rules, and regulations with respect to the foregoing. ### 4. Customer Data You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, and use your Customer Data (as defined therein). If you do not agree with our Privacy Policy, then you must stop using the Mindsmiths Services immediately. You instruct us to use and disclose User Content (as defined below) and Customer Data as necessary to (a) provide the Services consistent with the Privacy Policy and this section of the Terms, including detecting, preventing, and investigating security incidents, fraud, spam, or unauthorized use of the Services; (b) respond to any technical problems or queries (by you or your Authorized Users) and ensure the proper working of the Services; (c) to protect ourselves, our other customers, the public from harm or illegal activities, or the Services; (d) to respond to an emergency which we believe in, good faith, requires us to disclose Customer Data or User Content to assist in preventing a death or serious bodily injury; or (e) comply with any applicable Law, regulation, legal process or government request. ### 5. Platform Licensing Fee #### a. Payment Information To the extent any portion of the Services is made available to you for a fee, you will be asked to select a payment plan and provide Mindsmiths with accurate information relevant to the processing of your payments. You agree to promptly update your Account information with any changes in your payment information. #### b. Agreement to Pay You agree to pay Mindsmiths the amount that is specified in the applicable payment plan in accordance with these Terms and any other terms associated with such payment plan. All amounts paid are non-refundable and we reserve the right to change our prices in the future. Mindsmiths may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the specified date or the Services may be terminated. Late payments are subject to a finance charge of 1.5% per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If you dispute any charges, you must notify Mindsmiths within thirty (30) days after the date Mindsmiths invoices you or charges your payment method, as applicable. Mindsmiths reserves the right to terminate Services for any unpaid outstanding amount that is overdue greater than thirty (30) days. #### c. Platform Licensing Pricing Platform Licensing Pricing and payment plan is dependent on the type of infrastructure resources, throughput compute requirements and support level where Mindsmiths will require you to pay monthly licensing fees for your specific use-case scenario. #### d. Price Changes If we do change prices, we will provide notice of the change in an email to you at least 30 days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount. #### e. Free Trials We may offer a free trial during which you may use the Services up to a certain number of accounts without payment for the period of time specified between you and Mindsmiths before the start of using the Service. Unless you cancel your free subscription prior to the end of your free trial we will begin charging you the applicable service plan fee until you cancel your service plan. You will not receive a notice from us that your free trial has ended or that your service plan has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion. ### 6. Acceptable Use Policy Without limiting any other terms of these Terms, you must use the Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. You will keep confidential and not disclose to any third parties any user identifications, or account information. You acknowledge that the Services are not designed, intended or authorized for use in hazardous or mission-critical circumstances or for uses requiring fail-safe performance, or where failure could lead to death, personal injury or environmental damage. You agree not to use the Service for such purposes or under such circumstances. The Service is not intended for use by persons under the age of 18. You must ensure that each of your Authorized Users is aware of and complies with the requirements and restrictions set forth in this paragraph. You are responsible for all activities that occur under your account (or any of your Authorized Users’ accounts), and for Authorized Users’ compliance with these Terms. You agree that these Terms are concluded between you and Mindsmiths, and not between Mindsmiths and your Authorized Users. You agree to (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content (as defined below) and Customer Data that you (or any of your Authorized Users) input into or store using the Services; (b) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and notify Mindsmiths promptly of any such unauthorized access or use; and (c) comply with all applicable local, state and foreign laws in using the Services. ### 7. Feedback We welcome feedback, comments, and suggestions for improvements to the Services (**“Feedback”**). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. ### 8. Content Ownership, Responsibility, and Removal #### a. Definitions For purposes of these Terms: (i) **“Content”** means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services by Mindsmiths; and (ii) **“User Content”** means any Content that users (including you and your Authorized Users) provide to be made available through the Services except for Customer Data. Content includes, without limitation, User Content — but Customer Data (as discussed further in our Privacy Policy) is not included in User Content. Examples of User Content include but are not limited to forum posts on our website and communications made using the Services that are visible to other customers or Authorized Users. #### b. Rights in Customer Data and User Content Granted by You Mindsmiths does not claim any ownership rights in any Customer Data or User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit either. Subject to and without limiting Section 4 above, you hereby grant to Mindsmiths a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative work, publicly display, publicly perform and distribute your Customer Data and User Content , solely as needed to operate and provide the Services to you and with respect to Customer Data as otherwise specified in our Privacy Policy. You are solely responsible for all your User Content and Customer Data. You represent and warrant that you have all rights and consents, and will obtain all rights and consents, with respect to all of your User Content and Customer Data to the extent necessary (i) for you and Mindsmiths to comply with all applicable laws, rules and regulations including, without limitation, all applicable data protection and privacy laws; and (ii) for you to grant us the license rights in your User Content and Customer Data under these Terms. You also represent and warrant that neither your User Content, your Customer Data, nor your use and provision of your User Content or Customer Data to be made available through the Services, nor any use of your User Content or Customer Data by Mindsmiths on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your User Content and Customer Data by specifically deleting it or requesting that Mindsmiths delete it in accordance with our Privacy Policy. #### c. Rights in Content Granted by Mindsmiths Subject to your compliance with these Terms, and except as otherwise licensed to you in accordance with Section 4 above, Mindsmiths grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and download, view, copy, display and print the Content solely for your internal purposes and solely in connection with your permitted use of the Services. ### 9. General Prohibitions and Mindsmiths’ Enforcement Rights Without limiting any other terms of these Terms, you agree not to do any of the following: - Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. - Use, display, mirror or frame the Services or any individual element within the Services, Mindsmiths’ name, any Mindsmiths trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mindsmiths’ express written consent; - Access, tamper with, or use non-public areas of the Services, Mindsmiths’ computer systems, or the technical delivery systems of Mindsmiths’ providers; - Attempt to probe, scan or test the vulnerability of any Mindsmiths system or network or breach any security or authentication measures; - Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mindsmiths or any of Mindsmiths’ providers or any other third party (including another user) to protect the Services or Content; - Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mindsmitsh or other generally available third-party web browsers; - Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; - Use any meta tags or other hidden text or metadata utilizing a Mindsmiths trademark, logo URL or product name without Mindsmiths’ express written consent; - Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; - Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; - Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; - Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; - Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; - Impersonate or misrepresent your affiliation with any person or entity; - Violate any applicable law or regulation; or - Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. ### 10. Warranty Disclaimers THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. ### 11. Termination You may cancel your Account at any time by sending an email to us at hello@mindsmiths.com. Upon any termination, discontinuation or cancellation of Services or your access thereto, the following provisions of these Terms will survive: Licensing fee, Feedback; the first paragraph of Content Ownership, Responsibility and Removal regarding Mindsmiths’ ownership of the Content and Services; Termination; Confidentiality; Warranty Disclaimers; Indemnity; Limitation of Liability and Dispute Resolution. ### 12. Indemnity You will indemnify and hold harmless Mindsmiths and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms. ### 13. Limitation of Liability NEITHER MINDSMITHS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINDSMITHS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL MINDSMITHS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNT YOU HAVE PAID TO MINDSMITSH FOR THE USE OF THEIR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM OR ONE HUNDRED EURO (€100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MINDSMITHS, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MINDSMITHS AND YOU. ### 14. Dispute Resolution and Jurisdiction These Terms shall be governed by the laws of the State of Delaware, excluding its conflict of law provisions. All disputes arising out of or relating to these Terms, including such relating to its breach, termination or invalidity, and any legal consequence thereof must first be addressed through written notification within 30 days, followed by a 30-day good-faith negotiation period, extendable by mutual agreement. If unresolved, mediation will be conducted in Miami, Florida, with a mutually agreed mediator. Should these steps fail within 60 days, Parties may pursue legal remedies under Delaware law while continuing to fulfill their obligations. All dispute resolution discussions are confidential and considered settlement negotiations. ### 15. No Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without Mindsmiths’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Mindsmiths may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. ### 16. Notices Any notices or other communications provided by Mindsmiths under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. ### 17. Waiver of Rights Mindsmiths’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mindsmiths. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. ### 18. Contact Information If you have any questions about these Terms or the Services, please contact Mindsmiths at hello@mindsmiths.com; Mindsmiths Inc. 1000 N West Street, Suite 1200, Wilmington, DE 19801, U.S.A. ## Privacy Policy Last update: November 28, 2024 This Privacy Policy is meant to help you understand how Mindsmiths collects, uses, and shares Customer Data to operate, improve, develop, and protect Mindsmiths’ Services. This Privacy Policy applies to Customer Data processed as a result of access to or use by our developer customers, (**“Developers”**, **“you”**, or **“your”**) of our Platform (**“Platform”**), Mindsmiths APIs, websites (**“Website”**), related tools, and other products or services (collectively, the **“Services”**) provided by Mindsmiths Inc. (**“Mindsmiths”**, **“we”**, **“us”**, or “our”). All capitalized terms not defined in this Privacy Policy will have the meanings set forth in the Mindsmiths’ Terms of Service. ### Introduction At Mindsmiths, we value customer trust above all else. As such, we strive to help our customers, our customer’s end-users, and our Website visitors maintain control of their information. This Privacy Policy explains our information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can exercise choices you may have in Customer Data. Mindsmiths processes two broad categories of personal information (known collectively as (**“Customer Data”**)): - As a developer customer (or potential developer customer) of Mindsmiths, you will need to provide us information to create an account and use the Services – we refer to this as **“Customer Account Data.”** - As a developer customer, you may provide us with personal information of your end-users who use or interact with you intelligent agent(s) that you’ve built on Mindsmiths’ Platform – we refer to this information as **“Customer End-User Data.”** Mindsmiths distinguishes between these categories of Customer Data because the direct relationship we have with you, our customer, is different than the indirect relationship we have with your end-users. If you are located in the European Economic Area, Mindsmiths is the “controller” of your Customer Account Data and a “processor” of Customer End-User Data. ### How Mindsmiths Processes Customer Account Data We, Mindsmiths, collect and process your Customer Account Data: - When you visit a Mindsmiths public-facing Website like mindsmiths.com, sign up for a Mindsmiths event, or make a request to receive information about Mindsmiths or our products, like a Mindsmiths’ white paper or a newsletter; - When you contact Mindsmiths’ Sales Team or customer support team; and - When you sign up for a Mindsmiths’ account and use our products and Services. Broadly speaking, we use Customer Account Data to: - Perform our contract with you; - Pursue our legitimate interests to: - understand who our customers and potential customers are and their interests in Mindsmiths’ products and Services, - manage our relationship with you and other customers, - provide you with marketing materials, - perform research (including marketing research), - carry out core business operations such as accounting and filing taxes, and - help detect, prevent, or investigate security incidents, fraud and other abuse and/or misuse of our products and services; - Comply with any legal obligations we may have; and - Carry out other uses which you have consented to. ### What Customer Account Data Mindsmiths Processes When You Visit Our Website, Sign Up for a Mindsmiths Event, or Make a Request for Information About Mindsmiths and Why When you visit our Website, sign up for a Mindsmiths’ event or request more information about Mindsmiths, we will collect information that you submit to us (e.g., through a web form) and we will also collect information automatically using tracking technologies like cookies. We collect this information to fulfill your request, to learn more about who is interested in our products and services, to advertise to you, and to improve our Services. **Information You Share Directly:** In some places on Mindsmiths’ Websites, you can fill out web forms to ask to be contacted by our Sales Team, sign up for a marketing or a newsletter, register for a Mindsmiths event, or take a survey. The specific personal information requested on these forms will vary based on the purpose of the form. We will ask you for information necessary for us to provide you with what you request through the form (for example, we will ask you for your email address if you want to sign up for an email newsletter and for your phone number if you want a member of our Sales Team to call you). We may also ask you for additional information to help us understand you better as a customer like your Mindsmiths use case, your company name, or your role at your company. If you sign up to receive marketing communications from Mindsmiths, like a newsletter, you can always choose to opt-out of further communications through a preferences page which will be linked from any marketing email you receive from Mindsmiths. You may also contact us at hello@mindsmiths.com to communicate your choice to opt-out. **Information We Collect Automatically:** When you visit Mindsmiths’ Websites, including our web forms, we and service providers acting on our behalf automatically collect certain information using tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how visitors to our Websites are using them, which pages and features of the Websites are most popular, and to tailor and deliver advertisements. This helps us understand how we can improve our Websites and track performance of our advertisements. We may use Google Analytics to collect information regarding visitor behavior and visitor demographics on our Website and Services. For more information about Google Analytics, please visit [www.google.com/policies/privacy/partners/](http://www.google.com/policies/privacy/partners). You can opt out of Google’s collection and processing of data generated by your use of the Services by going to [https://tools.google.com/dlpage/gaoptout](http://tools.google.com/dlpage/gaoptout). ### What Customer Account Data Mindsmiths Processes When You Communicate with Our Sales or Support Teams and Why If you contact our Sales or support teams, those teams keep a record of that communication, including your contact details and other information you share during the course of the communication. We store this information to help us keep track of the inquiries we receive from you and from customers generally so we can improve our products and Services and provide training to team members. This information also helps our teams manage our ongoing relationships with our customers. Because we store a record of these communications, please be thoughtful about what information you share with our Sales and support teams. We will try to take appropriate measures to protect any sensitive information you share with us, but it is best to avoid sharing any personal or other sensitive information in these communications unless it is necessary for these teams to assist you. ### What Customer Account Data Mindsmiths Processes When You Sign Up for and Log into a Mindsmiths Account and Why When you sign up for a Mindsmiths account, we may ask for certain information like your contact details and billing information so we can communicate with you and so you can pay for our products and Services. We also collect some information automatically, like your IP address, when you login to your account or when an intelligent agent built on Mindsmiths makes requests to our Platform. We use this to understand who is using our Services and how, and to detect, prevent and investigate fraud, abuse, or security incidents. **Information You Share Directly:** You can also name your account (or accounts, if you have more than one). We collect this information so we know who you are, we can communicate with you about your account(s), and we can recognize you when you communicate with us through the account portal or otherwise. We also use your email address to send you information about other Mindsmiths products, services or events in which we think you may be interested in. You can opt out of further marketing communications through your marketing preferences page linked from any marketing email you receive from Mindsmiths. You may also contact us at hello@mindsmiths.com to communicate your choice to opt-out. If you upgrade your trial account, we’ll ask you to provide our payment processor with your payment method information like a credit card and/or your billing address. Our payment processor, acting on our behalf, gathers this so we can bill you for your use of our products and Services. Our payment processor will share your billing address with Mindsmiths. Your billing address may also be used by Mindsmiths for tax calculation and audit purposes. ### Information We Generate or Collect Automatically When you sign up for an account with Mindsmiths, we’ll automatically assign each of your Platform intelligent agents unique IDs and we’ll automatically generate API keys for each of your intelligent agents. These are used like a username and password to authenticate end-user accounts onto the Platform**.** You can use these API keys to retrieve an access token for each end-user account. We keep a record of these access tokens so we know it is you making the requests when your intelligent agent makes requests to our API using these credentials. In addition, when you use our Platform, we collect your IP address and other information through tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how customers are using our Platform, who those customers are (if they are a company and the IP address is associated with that company), what country they are logging in from (for analytics and export control purposes), and to help improve the navigation experience. Note that we also collect the IP address of your devices or servers when you make requests to our Platform. When you use our Platform, we also collect and process the information contained in those interactions. All information we collect when you sign up for a Mindsmiths’ account and interact with the Mindsmiths’ products and Services may be used to detect, prevent, or investigate security incidents, fraud, or abuse and misuse of our platform and services. ### Google API Services User Data Policy Mindsmiths’ use and transfer of information received from Google APIs to any other app will adhere to [Google API Services User Data Policy](https://developers.google.com/terms/api-services-user-data-policy), including the Limited Use requirements. ### Other Customer Account Data We Collect and Why We may collect information about you from publicly-available sources so we can understand our customer base better. We may also obtain information about your company from third party providers to help us understand our customer base better, such as your industry, the size of your company, and your company’s website URL. ### How Long We Retain Your Customer Account Data Mindsmiths will retain your Customer Account Data as long as needed to provide you with our Services, to operate our business, and comply with applicable laws. If you ask Mindsmiths to delete specific Customer Account Data we will honor this request unless deleting that information prevents us from carrying out necessary business functions, like billing for our services, calculating taxes, or conducting required audits. ### How to Make Choices About Your Customer Account Data Mindsmiths provides you with various choices regarding your Customer Account Data. If you login to your Mindsmiths’ account, you can use the account portal to access, correct, delete Customer Account Data, and/or update your preferences. Please contact hello@mindsmiths.com for any other requests about your Customer Account Data you cannot make through these self-service tools. ### Closing Your Account and Deletion To request closure or deletion of your Mindsmiths’ account, you can contact us at hello@mindsmiths.com. Within 30 days following your request, Mindsmiths will either delete your Customer Account Data or de-identify it such that it can no longer be used to identify you. You should know that closure and/or deletion of your Mindsmiths’ account will result in you permanently losing access to your account and Customer Data in the account. Please note that certain information associated with your account may nonetheless remain on Mindsmiths’ servers in a de-identified or aggregated form that does not identify you or your end-users. Similarly, Customer Account Data, including personal information, we are required to maintain for legal purposes or for necessary business operations (see “How Long We Retain Your Customer Account Data” section above) will be retained after account closure until no longer needed. ### Promotional Communications You can choose not to receive promotional emails from Mindsmiths by following the unsubscribe/opt-out instructions in those emails. You can also opt-out by contacting hello@mindsmiths.com. Please note that even if you opt out of promotional communications, we may still send you non-promotional messages related to things like updates to our Terms of Service or Privacy Policy, security alerts, and other notices relating to your access to or use of our products and Services. ### Cookies and Tracking Technologies You may stop or restrict the placement of cookies and other similar technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at [www.networkadvertising.org/managing/opt_out.asp](http://www.networkadvertising.org/managing/opt_out.asp), [http://www.youronlinechoices.eu/](http://www.youronlinechoices.eu/), [https://youradchoices.ca/choices/](https://youradchoices.ca/choices/), and [www.aboutads.info/choices/](http://www.aboutads.info/choices/). Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice. Please note you must separately opt out in each browser and on each device. **“Do Not Track”.** Do Not Track (“**DNT**”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. **Other Choices About Your Customer Account Data.** In addition, you can exercise other choices about your Customer Account Data (e.g., accessing it, correcting or amending it, deleting it, restricting or objecting to its use, porting it, or withdrawing consent) by contacting hello@mindsmiths.com. We will process such requests in accordance with applicable laws. To protect your privacy, Mindsmiths will take steps to verify your identity before fulfilling your request. If you are an end-user of an intelligent agent built on Mindsmiths’ Platform and not a direct customer of Mindsmiths, you should direct any requests relating to your personal information to the relevant intelligent agent developer/provider in accordance with the intelligent agent developer/provider’s own privacy policy. ### How Mindsmiths Processes Customer End-User Data For individuals located in the European Economic Area, when Mindsmiths processes Customer End-User Data, it acts as a “processor.” Mindsmiths will only process Customer End-User Data at the instruction of our customers (i.e., the “controller”). As a customer, your end-users’ personal information (“**Customer End-User Data**”) typically shows up on Mindsmiths’ Platform in a few different ways: - While using your intelligent agent, end-users approve access to their data during an authentication process, and Mindsmiths begins to sync data they have approved access to into the Platform on your (our customer’s) behalf**.** - Your end-users’ personal information may also be contained in the content of communications you (or your end-users) send or receive using Mindsmiths’ products and Services. ### What Customer End-User Data Mindsmiths Processes and Why We use Customer End-User Data to provide Services to you and your end-users and to carry out necessary functions of our business as a platform as a service (PaaS) provider for development of intelligent agents. The Customer End-User Data Mindsmiths processes when you, our customer, use our products and Services and the reason Mindsmiths processes it depends on which Mindsmiths products and Services you use and how you use those products and Services. For that reason, the API docs for each of our products and Services are the best place to find information about our processing of Customer End-User Data. Records containing Customer End-User Data may also be used in debugging or troubleshooting or in connection with investigations of security incidents, bugs, as well as for the purposes of detecting and preventing spam or fraudulent activity, and detecting and preventing network exploits and abuse. ### How Long Do We Retain Customer End-User Data Details regarding how long we retain Customer End-User Data and options around Customer End-User Data will depend on which Mindsmiths’ products and Services you are using, how you are using them, the duration for which you use our Services and if we have a separate Data processing agreement signed between you and us. Please note that if you request that we delete your Customer End-User Data, it may take up to 30 days for Customer End-User Data to be completely removed from our systems. In some cases, a copy of those records, including the personal information contained in them, may be retained to carry out necessary functions like billing, invoice reconciliation, troubleshooting, and detecting, preventing, and investigating spam, fraudulent activity, and network exploits and abuse. Sometimes legal matters arise that also require us to preserve records, including those containing personal information. These matters include litigation, law enforcement requests, or government investigations. If we have to do this, we will delete the impacted records when no longer legally obligated to retain them. We may, however, retain Customer End-User Data that has been de-identified or aggregated such that your end-user cannot be identified. ### When and Why We Share Customer Data Below are the different scenarios under which we may share Customer Data with third parties. - **Third-party service providers, Subprocessors, and Consultants.** Mindsmiths engages certain third-party service providers, subprocessors, and consultants to carry out certain data processing functions to provide the Services. These third parties are limited to only accessing or using Customer Data to provide services to us and must provide reasonable assurances they will appropriately safeguard Customer Data. An up-to-date list of our subprocessors is located below. - **Compliance with Legal Obligations.** We may disclose Customer Data to a third party if (i) we reasonably believe that disclosure is compelled by applicable law, regulation, legal process or a government request (including to meet national security or law enforcement requirements), (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing a death or serious bodily injury. If Mindsmiths is required by law to disclose any personal information of you or your end-user, we will notify you of the disclosure requirement, unless prohibited by law. Further, we may object to requests we do not believe to be valid. - **Affiliates.** We may share Customer Data with an affiliate company, like a subsidiary Mindsmiths d.o.o. We and our subsidiaries will only use the information as described in this Privacy Policy. - **Business Transfers.** If we go through a corporate sale, merger, reorganization, dissolution or similar event, Customer Data may be part of the assets transferred or shared in connection with the due diligence for any such transaction. Any acquirer or successor of Mindsmiths may continue to process Customer Data consistent with this Privacy Policy. **Aggregated or De-Identified Data.** Except as necessary to provide the Services, Mindsmiths does not share any de-identified and/or aggregated Customer End-User Data with third parties. However, Mindsmiths may share de-identified and/or aggregated Customer Account Data with third parties for a number of purposes, including research, internal analysis, analytics, and any other legally permissible purposes. **Subprocessors** Mindsmiths uses the following subprocessors to assist in providing the Services: - **Microsoft Azure**: Cloud Infrastructure (USA, EU) **International Data Transfers** All information processed by Mindsmiths may be transferred, processed, and stored anywhere in the world, including but not limited to, the European Union or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws. **Security of Customer Data** We take steps to ensure that Customer Data is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. **Third Party Websites/Applications** The Services may contain links to other websites/applications and other websites/applications may reference or link to our Website or Services. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk. ### Supervisory Authority If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law. ### Changes to Our Privacy Policy We may revise this Privacy Policy from time to time at our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect. ### Contact Us If you have any questions about our privacy practices or this Privacy Policy, please contact us at hello@mindsmiths.com; Mindsmiths Inc. 1000 N West Street, Suite 1200, Wilmington, DE 19801, U.S.A. --- © 2026 Mindsmiths, Inc. · [hello@mindsmiths.com](mailto:hello@mindsmiths.com) · This file is the website. #### References - [Terms of Service](https://mindsmiths.com/terms-of-service) - [Privacy Policy](https://mindsmiths.com/privacy-policy)