These Terms of Use ("Terms") govern your use of the Mindly iOS application ("the App"), provided by Tell Spike ("we," "our," or "us"). By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App.
Mindly is a voice-first AI companion for iPhone. The App runs on your device and, when you choose, routes conversations to cloud AI providers with personally identifiable information removed before transmission. A small cactus named Spike serves as the interface.
Mindly is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue the App or any feature at any time.
You must be at least 13 years old to use the App. If you are under 18, you must have permission from a parent or legal guardian. The App is not designed for children under 13 and does not knowingly collect information from them. See our Privacy Policy.
Mindly offers an optional auto-renewable subscription called Spike Premium. Premium unlocks access to cutting-edge cloud AI models with on-device entity stripping applied to your messages before transmission. Premium includes 1,000 cloud turns per month. Additional turns can be purchased as credit packs (consumable in-app purchases). The free tier remains fully functional on-device without a subscription.
Prices in other currencies are listed at purchase time and may vary by region. Credit packs are consumable in-app purchases and are non-refundable once used.
Your Spike Premium subscription automatically renews at the end of each billing period (monthly or annual) unless you cancel at least 24 hours before the current period ends. Your iTunes Account will be charged for renewal within 24 hours prior to the end of the current period at the price shown at signup. You can manage or cancel your subscription in your Apple ID account settings after purchase.
To cancel Spike Premium:
Cancellation takes effect at the end of the current billing period. You retain access to Premium features until that date. Deleting the App does not cancel your subscription.
Refunds for subscription purchases are handled by Apple in accordance with the Apple Media Services Terms of Service. To request a refund, visit reportaproblem.apple.com. We do not process refunds directly.
We may change the price or features of Spike Premium. If we do, we will notify you in the App before the change takes effect, and you may cancel if you do not wish to continue at the new price. Continued use after a price change constitutes acceptance.
You agree to use Mindly lawfully and responsibly. You agree not to:
Responses from Spike are generated by artificial intelligence. They may be inaccurate, incomplete, or inappropriate in context. You are responsible for evaluating AI output before acting on it. AI responses are not professional advice of any kind.
Mindly is not a substitute for professional medical, mental health, legal, or financial services. If you are experiencing a crisis, please contact emergency services or a crisis hotline such as the 988 Suicide and Crisis Lifeline (call or text 988 in the US).
You retain ownership of anything you say or type into Mindly. In the free (on-device) tier, your content never leaves your iPhone. In Spike Premium, your content is processed on-device first to strip personally identifiable information, then the redacted version is sent to the selected cloud AI provider to generate a response. We do not claim ownership of your content, and we do not use it to train AI models.
The App, the Spike character, and all associated designs, illustrations, text, and code are owned by Tell Spike and its licensors and are protected by copyright, trademark, and other intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF AI-GENERATED CONTENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELL SPIKE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $50 USD, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.
Our collection and handling of information is governed by our Privacy Policy. By using the App, you agree to the Privacy Policy.
Spike Premium may route redacted messages to third-party cloud AI providers (such as Anthropic or OpenAI). These providers have their own terms and privacy policies that govern their handling of the redacted data they receive. We are not responsible for the practices of third-party providers.
You may stop using the App at any time by deleting it from your device. Deleting the App does not cancel an active subscription (see Section 3.4). We may suspend or terminate your access to the App if you violate these Terms.
These Terms are governed by the laws of the State of California, USA, without regard to its conflict of laws principles. Any disputes will be resolved in the state or federal courts located in San Francisco County, California, except where prohibited by law.
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top and notify you within the App. Continued use of the App after changes constitutes acceptance of the updated Terms.
The following provisions apply when you access the App via Apple's App Store:
Questions about these Terms: