Last updated: March 9, 2025
These Terms of Use, along with all other legal documents incorporated by reference (collectively, the "Terms") set out the legal contract between PokaMind AB ("PokaMind", "Company", "we" or "us") and each end user (the "User", "you" or "your") with respect to access to and use of our associated Internet properties as linked and offered by us, our subsidiaries and affiliated companies (all of these collectively, the "Site"). Unless otherwise specified, all references to the Site or Application also include the use of our online platform, materials, proprietary content, tools, software, and services available through the Site (collectively all of these and the Site are called the "Service").
Please read these terms and conditions ("Terms") carefully before using our Service.
Capitalized terms are defined within these Terms.
For these Terms:
By accessing or using the Service, you are bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR, IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY.
PokaMind provides a leadership development platform designed for corporate training environments. Our Service utilizes scenario-based interactions with conversational agents to analyze "Communication Styles" and provide leadership development training for employees of Client Organizations. The platform is intended to be used as a training and development tool in professional settings.
PokaMind, developed by PokaMind AB, uses innovative technology for detecting basic facial expressions, gestures, and movements to analyze communication styles. It is crucial to understand that PokaMind does not identify or infer individuals' internal emotional states or intentions. Instead, it provides observations based on visible facial expressions, such as frowns or smiles, and gestures like movements of hands, arms, or head.
Our technology focuses on describing communication styles rather than emotions. For example, instead of labeling an expression as "angry", PokaMind might describe it as "assertive communication". This approach recognizes that similar expressions can have different meanings in various contexts and cultures.
Key differences between our focus on communication styles and emotion recognition:
PokaMind provides a graphical timeline of a person's facial expressions and associated communication styles. It does not provide psychological diagnoses, infer emotions, or score individuals. The technology serves solely as a reference for observed expressions and communication styles, not as a tool for inferring internal emotional states or intentions.
In compliance with the EU AI Act, PokaMind adheres strictly to ethical standards and legal requirements for basic facial expression detection. We emphasize user consent, data protection, and transparency as key principles in our operation. We are committed to maintaining the privacy and dignity of our users while providing a valuable service that can aid in understanding and describing facial expressions and communication styles in professional development contexts.
You affirm that you are over the age of 18. By using the Service, you represent and warrant that you are 18 years old or older. If you are under 18, you cannot use the Service.
Your use of our Service is also subject to our Privacy Policy reachable on our website at www.pokamind.com, which covers how we process your personal information. Our Privacy Policy is compliant with the General Data Protection Regulation (GDPR) and outlines our commitment to protecting your data.
The Service may contain links to other services not owned or controlled by us, for which we are not responsible. PokaMind does not endorse any third-party services and assumes no responsibility for the content, privacy policies, or practices of any third-party services.
The Service is primarily designed for use by Client Organizations for the purpose of leadership development training. Client Organizations are responsible for ensuring their employees (Participants) comply with these Terms when using the Service.
Client Organizations acknowledge that:
We may terminate or suspend your access to our Service if you breach these Terms without notice or liability. Client Organizations may terminate their agreement with PokaMind according to the terms outlined in their service contract.
Our liability is limited to the maximum extent permitted by law, often to the amount you paid to us or $100 for users who have made no purchase.
The Company's liability related to the information provided through the Service is limited. We do not guarantee the accuracy, completeness, efficacy, or timeliness of any user-generated responses or analytical advice derived from the use of third-party APIs, and we are not liable for any harm that may result from the use of such information.
To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless PokaMind and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto PokaMind's servers, and/or from any and all use of your Account.
The Service provides leadership and communication style-related information generated through the use of third-party APIs. This information is designed for professional development and educational purposes only and does not constitute professional coaching, management consulting, or other professional services. All advice and feedback are intended to be supplementary to your organization's existing leadership development programs.
You acknowledge and agree that the content provided through the Service, including all text, graphics, images, and other material, is not intended to be definitive management advice and should not be relied upon as the sole basis for making personnel or management decisions. The effectiveness of the provided information may differ between individuals and organizational contexts.
Client Organizations will honor their payment obligations for services purchased on the Site. For corporate subscriptions and purchases, you agree that third parties working on our behalf may store payment information to process such payments. Your transaction will be processed by our partners, depending on your location.
PokaMind may alter the price of its services at any time at its discretion. You understand that additional fees and taxes may apply to your purchases. PokaMind does not guarantee refunds. PokaMind may offer different pricing structures and package offers depending on organization size, usage requirements, and other factors.
Corporate subscription plans will be detailed in the service agreement between PokaMind and the Client Organization. Cancellation policies and procedures will also be outlined in that agreement.
You may not use, copy, reproduce, republish, upload, sell, resell, display, post, transmit, distribute, scrape, reverse engineer or license any content or intellectual property, copyrights and trademarks on the Service without PokaMind's authorization.
All materials provided through the Service, including training scenarios, conversational agent interactions, analysis frameworks, and reporting tools are the intellectual property of PokaMind unless otherwise stated. Client Organizations are granted a limited license to use these materials internally for training and development purposes only.
Your User Content can only be completely deleted from public view by deleting your Account. When you request that your public User Content be deleted, your documents will no longer be visible to other users within the Service, but if your User Content, including your information, was previously accessed, stored and/or copied by others, we are unable to delete the information from their systems. When you deactivate your Account or ask us to delete your User Content, we will retain logs and non-personally identifiable information about you, along with an archival copy of your information, which is not accessible to you or third parties within the Service, but which might be used for recordkeeping and internal legitimate business purposes.
PokaMind does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation or advice expressed therein, and PokaMind expressly disclaims any and all liability in connection with User Content. PokaMind does not permit copyright infringing activities and infringements of intellectual property rights on the Service, and PokaMind will remove User Content if properly notified that such User Content infringes on another person's intellectual property rights. PokaMind reserves the right to remove User Content without prior notice.
PokaMind takes data protection seriously and is committed to GDPR compliance. As a processor of personal data on behalf of Client Organizations, we implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Client Organizations, as data controllers, are responsible for:
PokaMind will assist Client Organizations in meeting their GDPR obligations regarding data subject rights, data security, and breach notification.
We require that you do not send emails or submit to or publish through forums available on the Service, otherwise make available on the Service any content, or act in a way, that in our opinion:
Without limitation, you agree not to:
The Service is provided without warranties of any kind, "as is" and "as available". PokaMind makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service.
These Terms are governed by the laws of Sweden without regard to conflict of law provisions. These Terms contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights. Please note, that depending on your country of residence, under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the country in which you reside.
We may update these Terms at our discretion. If we do, we will provide at least 30 days' notice before new terms apply. Continued use of the Service after any such changes have been posted will indicate your acknowledgement of the changes and satisfaction with the Service as modified.
You acknowledge that you have read these Terms and agree to all its provisions. By using the Service you agree to be bound by these Terms.
If you have any questions about these Terms, please contact us at team@pokamind.com.