MyNDA Protect™ Terms of Use

By using MyNDA Protect (the “Service”), you agree to these Terms. MyNDA LLC (“MyNDA,” “we”) operates the Service. The verification technology is provided by DeviceBound™, also a product of MyNDA LLC. The DeviceBound platform Terms and Conditions also apply; where they differ, these Terms govern MyNDA Protect.

1. What the Service is

MyNDA Protect lets two people (or entities) create a mutual confidentiality agreement (a “Protected Agreement”) and verify, in real time, that both agreed. Each party confirms using the screen lock or biometric feature of their own device. We record who agreed and when.

MyNDA is not a law firm and does not give legal advice. Using the Service does not create an attorney-client relationship.

2. Eligibility

You must be at least 18 years old and legally able to enter a binding agreement. By starting or accepting a Protected Agreement, you confirm that you meet these requirements and that every other party you invite is an adult who is participating voluntarily. Minors may not use the Service for any purpose.

3. The Protected Agreement

3.1 Purpose and scope. A Protected Agreement is a mutual confidentiality agreement. Both parties agree to keep information exchanged during the agreement confidential and not to record or distribute any shared content without the other party's consent. Content a party created entirely on their own, or that is already lawfully public, is not covered.

3.2 Term. The person who starts the agreement chooses its duration from the options shown in the Service: 1 year, 3 years, 5 years, 7 years, or indefinite. The term begins when all parties have accepted and lasts for the chosen duration. An indefinite agreement has no end date and remains in effect unless the parties end it by mutual written agreement or as required by applicable law.

3.3 Verification status. “Green” means that all parties completed verification and the agreement is in effect. “Red” or any other state means the agreement is not in effect. A green status is a record of agreement to confidentiality. It is not a record of consent to any activity (see Section 6).

4. What the Service does not do

• It does not prevent a person from breaking the agreement. It records the agreement and provides evidence of it.
• It does not guarantee that the agreement is enforceable in every state or country. Enforceability depends on the law that applies to you.
• It does not provide legal advice, and it does not replace advice from a licensed attorney.

5. Limits on what any agreement can restrict

A Protected Agreement does not apply to, and nothing in it prevents:

1. Illegal activity. The agreement does not protect conduct that is unlawful, and it is not a promise to conceal a crime.
2. Lawful reports. Reporting a suspected crime or safety concern to law enforcement, a regulator, or another government agency.
3. Legal process. Responding to a subpoena, court order, or other legally required disclosure, or testifying truthfully.
4. Seeking help. Speaking in confidence with an attorney, a medical or mental health professional, a counselor, or a crisis or victim-support service.
5. Anything else the law does not allow a private agreement to restrict.

If a disclosure is made under this Section, the disclosing party should limit it to what is necessary.

6. Consent, recording, and intimate content

6.1 Privacy only. A Protected Agreement covers confidentiality. It is not consent to any physical or personal activity. Any person may stop any activity at any time, whatever the agreement says or the screen shows.

6.2 Recording consent. Many places require every party to consent before a private communication or activity is recorded. Using the Service does not make a recording lawful on its own. Each party is responsible for knowing and following the recording laws that apply to them. Parties should record only what all of them have knowingly agreed to record.

6.3 Withdrawing consent to future recording. Any party may withdraw consent to being recorded or photographed going forward at any time, and the other parties must then stop. This does not end the confidentiality agreement, which continues under Section 3.

6.4 Intimate content. Sharing intimate images or videos of another person without that person's consent is unlawful in California and in many other jurisdictions, whether or not an agreement exists. The Service gives a private, verified record of agreement. It does not authorize distribution, and it does not limit any right a person has under those laws.

6.5 Storage. The Service stores the agreement record (acceptance status, timestamps, the chosen duration, the plan, and the email of the person who started it). It is not a place to upload or store photos, videos, or recordings.

7. Verification technology and privacy

Accepting a Protected Agreement requires a verification check on your device, using the device's own Face ID, fingerprint, or screen lock. Depending on your device and settings, that check may be completed with a biometric or with your device PIN, pattern, or password. Authentication happens on your device. We do not receive or store your biometric data. Verification confirms that the person using the device completed that check at the time shown. It does not confirm legal identity, age, or capacity. Our Privacy Policy explains what we collect and how we use it.

8. Your responsibilities

You agree to give accurate information, keep control of your device, use the Service lawfully, and not interfere with its security. Do not use the Service to pressure, trick, or coerce anyone into agreeing. An agreement made under pressure or deception may be invalid, and we may suspend access.

9. Messages

We send transactional emails about your agreements, such as links, reminders, and confirmations. We do not share your contact information with third parties or affiliates for marketing.

10. Payments

Pricing is shown when you start an agreement. As of this version:

• Single agreement, one time, no renewal: 1 year $9.95, 3 years $19.95, 5 years $29.95, 7 years $39.95, indefinite $59.95.
• Monthly plan: $9.95 per month, includes up to 4 Protected Agreements per year. Renews monthly until canceled.

Payments are processed by Stripe. To ask about a refund, contact support@devicebound.us. A refund does not end an agreement that the parties have already accepted.

When a monthly plan ends, no new agreements can be created with it. Agreements already created remain in effect for their chosen term. Unused agreements from the yearly allowance do not carry over, and a new subscription starts a new allowance.

11. Records

We keep agreement records for as long as needed to provide the Service, meet legal obligations, resolve disputes, and maintain audit records. Records are encrypted in transit and at rest.

12. Acceptable use

You may not attempt unauthorized access, reverse engineer the Service, circumvent security features, upload malicious software, use the Service for any unlawful purpose, or use it with anyone who is under 18.

13. Disclaimers

The Service is provided “as is.” We do not guarantee that an agreement is enforceable, that a party will comply, or that the Service will be uninterrupted or error-free.

14. Limitation of liability

To the fullest extent permitted by law, MyNDA is not liable for indirect, incidental, consequential, or punitive damages, or for a party's breach of a Protected Agreement.

15. Suspension

We may suspend or end access for fraud, abuse, coercion, security threats, illegal activity, involvement of a minor, or violation of these Terms.

16. Governing law

These Terms are governed by the laws of the State of California.

17. Changes

We may update these Terms. We will post the new effective date, and material changes will be communicated before they apply to an agreement already in effect. Changes do not alter the terms of a Protected Agreement the parties have already accepted.

18. Contact

MyNDA LLC
support@devicebound.us