Terms of Service

Last updated: 9/2/2025

1. Acceptance of Terms

By accessing or using PastMinds ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. These Terms apply to all users of the Service, including visitors, registered users, and paying customers.

2. Description of Service

PastMinds is an AI-powered platform that allows users to engage in conversations with historically accurate representations of famous figures from history. The Service uses advanced artificial intelligence to simulate conversations based on historical knowledge and documented personalities.

3. Eligibility

  • You must be at least 13 years old to use the Service
  • If you are under 18, you must have parental consent to use the Service
  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account credentials

4. User Accounts and Registration

To access certain features, you must create an account by providing:

  • A valid email address
  • A secure password
  • Optional profile information

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

5. Payment Terms

Message Packages

  • The Service operates on a message-based credit system
  • Payment is required in advance for message packages
  • Prices are clearly displayed at the time of purchase
  • All payments are processed securely through Stripe

Billing

  • All fees are non-refundable unless otherwise stated in our Refund Policy
  • Message credits do not expire
  • Taxes may apply based on your location
  • We reserve the right to change pricing with 30 days' notice

6. Acceptable Use Policy

You agree NOT to:

  • Use the Service for any illegal or unauthorized purpose
  • Attempt to harm, harass, or impersonate others
  • Share inappropriate, offensive, or harmful content
  • Attempt to reverse engineer, hack, or compromise the Service
  • Use automated systems to access the Service without permission
  • Violate any applicable laws or regulations
  • Share your account credentials with others
  • Use the Service to generate content for commercial purposes without permission

Content Guidelines

  • Conversations should be respectful and educational
  • No requests for harmful, illegal, or inappropriate content
  • Historical discussions should maintain appropriate context
  • We reserve the right to monitor conversations for safety and compliance

7. Intellectual Property

Our Content

The Service, including all AI models, historical personalities, text, graphics, user interfaces, and software, is owned by PastMinds and protected by intellectual property laws.

Your Content

You retain ownership of your conversation inputs. By using the Service, you grant us a license to use your inputs to provide and improve the Service. We may use anonymized conversation data to enhance our AI models.

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.

9. AI Content Disclaimer

Important Notice:

  • All conversations are AI-generated and not actual communications with historical figures
  • AI responses are based on historical knowledge but may contain inaccuracies
  • Content is for entertainment and educational purposes only
  • Do not rely on AI responses for factual historical research
  • We do not guarantee the accuracy of historical information provided

10. Service Availability

  • We strive to maintain high service availability but cannot guarantee 100% uptime
  • We may temporarily suspend the Service for maintenance or updates
  • We reserve the right to modify or discontinue features with notice
  • We are not liable for any interruption of service

11. Warranties and Disclaimers

Disclaimer of Warranties

Service Provided "As Is":

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASTMINDS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenues, data, use, goodwill, or other intangible losses
  • Damage resulting from unauthorized access to or alteration of your data
  • Interruption or cessation of transmission to or from the Service
  • Bugs, viruses, or similar harmful components transmitted through the Service
  • Errors or omissions in any content or information available through the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless PastMinds from any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or violation of these Terms.

13. Termination

Your Right to Terminate

  • You may terminate your account at any time through your account settings
  • You may request immediate account deletion by contacting support
  • Upon voluntary termination, unused message credits will be retained for 90 days for potential reactivation
  • After 90 days of voluntary termination, all data will be permanently deleted

Our Right to Terminate

  • We may suspend your account immediately for violation of these Terms
  • We may terminate your account with 30 days' notice for any reason
  • We may terminate immediately for: illegal activity, harassment, fraud, or security violations
  • Upon termination for cause, unused message credits may be forfeited

Effects of Termination

  • Your right to use the Service will cease immediately
  • Your conversation history will be preserved for 30 days for data export requests
  • Payment obligations for services already provided remain in effect
  • Sections regarding liability, indemnification, and dispute resolution survive termination

14. Dispute Resolution

Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@pastminds.chatto seek an informal resolution. We will work in good faith to resolve any concerns within 30 days.

Binding Arbitration

Important Arbitration Notice:

Any dispute that cannot be resolved informally will be settled through binding arbitration rather than in court, except as noted below.

You have the right to opt out of arbitration by emailing us within 30 days of first accepting these Terms.

Arbitration Rules

  • Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the dispute resolution service
  • The arbitration will take place in New Zealand or via video conference
  • Each party will bear their own costs unless the arbitrator decides otherwise
  • The arbitrator's decision will be final and binding
  • Class action lawsuits and class-wide arbitrations are not permitted

Exceptions to Arbitration

  • Disputes related to intellectual property rights
  • Small claims court disputes under the jurisdictional limit
  • Emergency injunctive relief

Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles. For any disputes not subject to arbitration, the courts of New Zealand shall have exclusive jurisdiction.

15. Changes to Terms

Modification Process

  • We may modify these Terms to reflect changes in law, business practices, or Service features
  • Material changes will be communicated via email and prominent notice on the Service
  • You will have 30 days to review changes before they take effect
  • If you disagree with changes, you may terminate your account before the effective date

Acceptance of Changes

Continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

16. Additional Provisions

Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and PastMinds regarding the Service.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Contact Information

If you have any questions about these Terms, please contact us:

Email: legal@pastminds.chat

Website: Contact Form

Business Hours: Monday-Friday, 9 AM - 5 PM NZST

18. Severability

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