Last update: October 5, 2025

These terms of service apply to the use of the mobile application “Prism” (hereinafter: “the App”), offered by Mindloom, based in Rhenen, registered at the Chamber of Commerce under number 97426628 (hereinafter: “we” or “us”). These terms are also shown during registration in the app. By installing or using the App, you agree to these terms.

1. Acceptance of Terms

By downloading, installing, opening, or using the App, you agree to these terms of service. If you do not agree to these terms, you should not install or use the App.

2. Use of the App

You receive a personal, limited, revocable, non-exclusive, and non-transferable right to use the App for your own business purposes as a coach. Any other use is not permitted without our prior written consent.

3. AI Output and Usage Rights

The App enables you to make audio recordings of coaching sessions, transcribe them, and make them searchable via integrated AI functionality. The AI-generated insights and answers (hereinafter: “AI output”) may be used internally by you and shared with the coachees involved in the relevant sessions.

You receive a personal, non-exclusive, non-transferable usage right for this. Reuse, reproduction, or commercial exploitation of AI output outside your own coaching practice is not permitted without our prior written consent.

4. No Medical or Diagnostic Use

The App is intended solely as a tool for personal reflection and professional support. It is not a medical, psychological, or diagnostic instrument.

It is expressly prohibited to use the App or AI output as the sole or decisive basis for decisions regarding:

• Recruitment
• Assessment
• Promotion
• Termination of employment
• Other work-related decisions

Use for such purposes always requires additional human oversight and professional assessment. As a user, you are fully responsible for how you interpret and apply AI output.

5. Liability and Use at Own Risk

We strive to make the App function correctly, including features that use artificial intelligence (AI). As a user, you acknowledge that AI systems can make errors or generate incorrect, misleading, or irrelevant information (so-called ‘hallucinations’). The generated output is automatically created and may be incomplete or incorrect.

Your Responsibility

As a user, you are always personally responsible for critically assessing and verifying the insights generated by the App before they are used or shared with third parties, including coachees. The AI output is intended to support professional decision-making but never replaces your own professional judgment.

We accept no liability for damage resulting from the use of AI output, unless there is intent or gross negligence on our part.

6. Processing of Personal Data

Insofar as Mindloom processes personal data on behalf of you as a user, for example when recording, transcribing, and analyzing coaching sessions, Mindloom acts as a processor within the meaning of the General Data Protection Regulation (GDPR). In such cases, you as a user are the data controller. By agreeing to these terms of service, you agree to the processor agreement as included in Appendix 2.

Valid Legal Basis Required

You declare that you have a valid legal basis for processing personal data in recorded sessions. If this data concerns special personal data, such as information about:

• Health
• Religion
• Life philosophy
• Sexual orientation

explicit consent from the coachee is required under Article 9(2)(a) GDPR. Without such prior consent, the App may not be used for processing such data. Mindloom accepts no responsibility for the absence of a valid legal basis or consent in this regard.

AI Regulation

As a user, you acknowledge that the App is not designed or intended for high-risk applications within the meaning of the European AI Regulation (AI Act). Mindloom accepts no liability for use that contravenes these limitations.

7. User Content

You are responsible for the content of the audio recordings and data you upload. You declare that you have consent from the relevant coachees to make recordings and process them via the App. You indemnify us against all claims from third parties who claim that your use of the App is unlawful or infringes their rights.

Data Use and Privacy

You are responsible for complying with privacy legislation regarding coachees. Mindloom accepts no responsibility for the lawfulness of processing personal data in recorded sessions.

Session data and AI output are NOT used for:

• Analysis
• Optimization
• Model training

without prior explicit consent from you as a user.

If data is used for improvement purposes, this is done exclusively based on complete anonymization.

8. Termination and Data Deletion

You can terminate your account at any time. In that case, your personal data, audio recordings, transcriptions, and AI output will be deleted, unless legal retention obligations require otherwise.

9. Prohibited Use

You may not:

• Resell, rent, or sublicense the App
• Make it available to third parties in any other way
• Apply reverse engineering or attempt to discover the source code
• Use it for unlawful purposes
• Use it in a way that could harm other users

10. Intellectual Property

All rights, including but not limited to copyrights and database rights, to the App and underlying technology belong to us or our licensors. Nothing in these terms implies transfer of intellectual property rights.

11. Modification of These Terms

We may modify these terms of service. The modified terms take effect when they are made available within the App or via our website. By continuing to use the App after modification, you accept the amended terms.

12. Applicable Law and Disputes

These terms are governed by Dutch law. Any disputes will be submitted to the competent court in Arnhem.

13. Contact

For questions about these terms, you can contact us at [email protected].

Appendix 1 — Sub-processor List

Last update: October 5, 2025

In the context of our services, we use carefully selected third parties (sub-processors) for processing personal data. Below is an overview of these parties, their role, and location.

We evaluate these parties periodically and ensure they take appropriate technical and organizational measures, in accordance with Article 28 GDPR.

Appendix 2 — Processor Agreement

This processor agreement (hereinafter: “Agreement”) applies to the processing of personal data by Mindloom, based in Rhenen, registered at the Chamber of Commerce under number 97426628 on behalf of you as a user of the App (hereinafter: “Data Controller”).

1. Subject and Duration

This Agreement applies as long as Mindloom processes personal data on behalf of the Data Controller through the use of the Prism app.

2. Purposes of Processing

Mindloom processes personal data on behalf of Data Controller exclusively for:

• Recording coaching sessions
• Transcription of audio files
• Analysis and answering questions based on session data (AI)
• Hosting and provision of output

Special Personal Data

If special personal data is processed, such as health data, the parties declare that this only happens based on explicit consent from the data subject, to be obtained by the Data Controller (the coach), in accordance with Article 9(2)(a) GDPR.

Note: Processor will only process personal data on behalf of Data Controller and will not use this data for training algorithms or AI models, unless this has been agreed in writing and separately and is based on specific, voluntary consent from the relevant user.

3. Categories of Data and Data Subjects

Data:

• Audio recordings
• Transcriptions
• Generated text

Data subjects:

• Coachees of the Data Controller

4. Sub-processors

See Appendix 1 for a current overview. Mindloom concludes processor agreements with these parties or uses standard contractual clauses where necessary.

5. Security

Mindloom takes appropriate technical and organizational measures to secure personal data against loss or unlawful processing, including:

• Data encryption
• Access control
• Logging

6. Data Subject Requests

If a data subject (such as a coachee) directs a request to Mindloom, Mindloom will forward this request to Data Controller without undue delay.

7. Data Breach Notification Obligation

Mindloom notifies the Data Controller immediately of a data breach, stating:

• Nature
• Scope
• Expected impact

Data Controller is responsible for notification to the supervisory authority or data subject.

8. Retention Period and Deletion

Upon termination of the relationship, Mindloom deletes all session data, unless legally required otherwise.

9. Confidentiality

Mindloom guarantees that its employees are bound to confidentiality regarding the processed data.

10. Audit

At the request of Data Controller, Mindloom provides information about its security measures and compliance with this agreement or facilitates an audit in consultation, if legally required.

11. Other Provisions

This Agreement forms an integral part of Mindloom’s terms of service.