Mindara's Terms of Service

1- Introduction

Acceptance of Terms: By accessing, registering for, or using the chatbot platform of Mindara (the "Service") located at mindara.ai, you agree to be bound by these Terms of Service ("Terms"). These Terms govern your access to and use of the Service and form a binding legal agreement between you and Mindara. Eligibility: To use the Service, you must be at least the age of majority in your jurisdiction. By accessing or using the Service, you represent and warrant that you meet this requirement. If you do not meet this requirement, you must not access or use the Service. Entire Agreement: These Terms, together with any other documents or policies referenced herein, constitute the entire agreement between you and Mindara and supersede any prior understandings or agreements regarding the Service. Updates: Mindara may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Service thereafter. Your continued use of the Service after such changes will signify your acceptance of those changes.

2- Usage

Permitted Use: You agree to use the Service solely for lawful purposes and in a manner consistent with all applicable local, state, national, and international laws and regulations. Unauthorized use of the Service is strictly prohibited. Prohibited Actions: You may not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Service; (ii) use the Service for any activity which infringes the rights of others, including intellectual property rights, or which is unlawful or in violation of these Terms; (iii) exploit any part of the Service for commercial purposes without our express consent; or (iv) use the Service in any way that could damage, disable, overburden, or impair it or interfere with any other party's use of the Service. User Responsibilities: You are responsible for any activity that occurs in or through your account and you agree you will not sell, transfer, license, or assign your account, username, or any account rights. You also agree that all the information you provide to Mindara upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy. Security: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. Mindara cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. Interactions with Others: Mindara is not responsible for your interactions with any other users of the Service or any other individuals with whom you communicate or interact as a result of your use of the Service.

3- User Content

Definition: "User Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials generated, provided, or otherwise made accessible by users on or through the Service. Responsibility: All User Content, whether publicly posted or privately transmitted, remains the sole responsibility of the user who originated that User Content. You represent and warrant that you own or have the necessary permissions to use and authorize the use of your User Content as described herein. Rights Granted to Mindara: By submitting, posting, or displaying User Content on or through the Service, you grant Mindara a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, publish, transmit, perform, display, distribute, and make derivative works of such User Content in connection with the Service and Mindara's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Content Review: While Mindara is under no obligation to monitor User Content, we reserve the right (but have no obligation) to review, screen, delete, edit, or move any User Content that comes to our attention that we consider, in our sole discretion, to be in violation of these Terms or otherwise inappropriate. No Endorsement: You understand that by using the Service, you may be exposed to User Content that you may find offensive, indecent, or objectionable. Opinions expressed in User Content do not necessarily reflect the opinions of Mindara, and we do not endorse or guarantee the accuracy of any User Content. Backup: You are responsible for backing up any User Content that you post or store on the Service. Mindara will not be responsible for any loss or corruption of your User Content, or for any costs or expenses associated with backing up or restoring any of your User Content.

4- Privacy

Commitment to Privacy: At Mindara, we prioritize the privacy of our users and are committed to maintaining the confidentiality and security of your personal information. By using the Service, you consent to our collection, storage, and usage of your information as described in our Privacy Policy and these Terms. Data Collection: We may collect various types of information about you, both personal, such as your name and email address, and non-personal, such as your device type or IP address, as you interact with our Service. Usage of Data: Mindara uses the data collected primarily to provide and enhance the Service. This may include, but is not limited to, troubleshooting, improving user experience, research, and analytical purposes. Data Sharing: Unless specified in our Privacy Policy, Mindara will not sell, rent, or lease your personal data to third parties without your explicit consent. We may, however, share anonymized and aggregated data for business, research, or analytical purposes. Cookies and Tracking: Our Service may use "cookies" and other tracking mechanisms to enhance user experience, analyze website traffic, and for advertising purposes. You can choose to disable cookies through your browser settings, although this may affect your experience on our website. User Rights: Depending on your jurisdiction, you may have rights to access, rectify, or delete your personal data stored by us. Any requests related to your rights should be addressed as specified in our Privacy Policy. Data Security: We implement a variety of security measures designed to maintain the safety of your personal information. However, the transmission of information via the internet is not completely secure, and while we do our best to protect your personal information, we cannot guarantee the security of the data transmitted to our site; any transmission is at your own risk. Changes to Privacy Practices: Any changes to our privacy practices will be communicated through updates to our Privacy Policy. It is your responsibility to review the Privacy Policy periodically to stay informed about our practices.

5- Intellectual Property

Ownership: Unless otherwise indicated, the Service, and all content, features, and functionality thereof, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Mindara, its licensors, or other providers of such material. These are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Trademarks: The Mindara name, the Mindara logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mindara or its affiliates or licensors. You must not use such marks without the prior written permission of Mindara. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners. License Limitations: These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as generally and ordinarily permitted through the Service according to these Terms. No Transfer of Rights: No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Mindara. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Reporting Violations: If you believe that any content on our Service violates your intellectual property rights or other rights, please contact us with detailed information so that we may take appropriate steps to address any alleged infringement.

6. Termination and Suspension

User Violations: Mindara reserves the right to terminate or suspend your account, and your access to the Service, without prior notice, if we believe, in our sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms. Safety and Security: We may also terminate or suspend your access to the Service if we believe, in our sole discretion, that your actions could harm, endanger, or negatively affect other users, third parties, or Mindara itself. Inactive Accounts: Mindara may choose to terminate or deactivate accounts that have been inactive for an extended period of time. We will make reasonable attempts to notify you before taking such action. Content Loss: Upon termination, all licenses and other rights granted to you in these Terms will immediately cease, and you may lose access to any User Content, data, or other materials associated with your account. Mindara is not responsible for any loss or harm related to your inability to access or use our Service or your loss of any content. User's Right to Terminate: You may terminate your account and these Terms at any time by contacting Mindara and following the specific instructions for account termination. Survival: All sections of these Terms which, by their nature, should survive termination, will continue in force even after your account is terminated or these Terms are otherwise terminated. This includes, but is not limited to, the sections on Intellectual Property, Limitation of Liability, and Dispute Resolution. Notifications: If we suspend or terminate your account or this agreement, we will try to notify you beforehand when appropriate. However, there might be cases (for example, flagrantly violating these terms) where we suspend immediately.

7- Limitation of Liability

No Warranty: The Service is provided "as is" and "as available" without any warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Service Operation: Mindara does not warrant that the Service will operate error-free, that defects will be corrected, or that the Service or its servers are free of harmful components, including viruses. Mindara does not warrant that the information presented by the Service will be accurate, available, or reliable at all times. Use at Your Own Risk: You expressly agree that your use of the Service is at your sole risk. Mindara, its officers, directors, employees, and agents assume no responsibility for any harm, loss, or damage that might arise from your use of the Service, including but not limited to direct, indirect, incidental, special, punitive, or consequential damages. Third-Party Actions: Mindara is not responsible for the actions, content, or information of third parties. You release us from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against such third parties. Maximum Liability: To the fullest extent permitted by law, in no event shall Mindara's aggregate liability exceed the greater of one hundred U.S. dollars (U.S. $100) or the amount you have paid Mindara in the past twelve months. Jurisdictional Restrictions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above limitations and disclaimers may not apply to you. To the extent Mindara may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Mindara's liability shall be the minimum permitted under such applicable law.

8- Dispute Resolution

Good Faith Efforts: Before filing a claim against Mindara, you agree to make a good faith effort to resolve the dispute informally by contacting us. We'll attempt to resolve the dispute informally by contacting you via email or other methods. Binding Arbitration: If the parties fail to resolve the dispute within 30 days from the time informal dispute resolution is pursued, the parties agree to resolve any claim, dispute, or controversy through binding arbitration. The arbitration will be conducted in the jurisdiction where Mindara is located. Exceptions to Arbitration: Notwithstanding the foregoing, either party may bring a lawsuit in the appropriate court to protect its intellectual property rights or to seek injunctive or other equitable relief. In such cases, the parties consent to the jurisdiction and venue of such court. No Class Actions: You agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Governing Law: These Terms and any related disputes will be governed by and construed in accordance with the laws of the jurisdiction where Mindara is located, without regard to its conflicts of laws rules. Judicial Forum: In the event that the agreement to arbitrate is found not to apply to a dispute, the parties agree that any judicial proceeding will be brought in the federal or state courts located in the jurisdiction where Mindara is based. Both parties consent to venue and personal jurisdiction there. Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or related to these terms must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

9- Changes to These Terms

Notification of Changes: Mindara reserves the right to update, alter, or modify these Terms at any time. When changes are made, we will notify our users by updating the "Last Modified" date at the top of this document, sending an email to our registered users, or presenting a notification upon login to the Service, or any combination of these methods. Review Period: It's your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use our Service. Continued Use Constitutes Acceptance: Your continued use of the Service after any such changes will indicate your acceptance of and agreement to be bound by the revised terms. If you disagree with any changes to these Terms, your sole remedy is to cease using the Service. Archived Versions: We may archive prior versions of these Terms for reference. If you wish to review any previous version of these Terms, please contact us, and we'll make the necessary arrangements. Material Changes: For any material changes to these Terms, we will make a reasonable effort to provide more prominent notice or obtain your consent as required by law. User Feedback: We value our users' feedback and comments regarding our terms. If you have suggestions on how we might improve them, please feel free to contact us. However, please note that by doing so, you grant us the right to use your feedback without any compensation or obligation to you.

10- Privacy and Data Protection

Commitment to Privacy: Mindara is deeply committed to safeguarding the privacy of its users. We believe that the trust of our users is paramount, and we strive to ensure that their personal and sensitive data are handled with care, respect, and the highest levels of security. Privacy Policy: Our Privacy Policy outlines the specifics of how we handle and process your data. It provides details on the types of information we collect, how we use it, with whom we might share it, and the security measures in place to protect it. It's crucial that you familiarize yourself with the Privacy Policy. User Consent: By using the Service, you consent to our collection, storage, processing, and sharing of your data as described in the Privacy Policy. If you do not agree with our practices, you should cease using the Service. Data Retention: We only retain user data for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Rights to Access and Control: Depending on the jurisdiction, you may have specific rights related to your personal data. These could include the right to access, correct, delete, or transfer your data, or to object to certain processing activities. If you wish to exercise these rights, please contact our Data Protection Officer or the relevant team detailed in our Privacy Policy. Third-Party Integrations: The Service might have integrations with third-party platforms or services. While we endeavor to integrate with reputable platforms that value data protection, we are not responsible for their data handling practices. You should review any third-party's terms and privacy policies to ensure you're comfortable with how they treat your data. Cookies and Tracking: We use cookies and similar tracking technologies to enhance user experience, analyze Service usage, and for marketing purposes. You can manage your cookie preferences through our Service or your browser settings. Security Measures: Mindara employs state-of-the-art security measures, both technical and organizational, to protect user data from unauthorized access, use, or disclosure. However, no method of transmission or storage is 100% secure, and while we strive for maximum protection, we cannot guarantee absolute security. Breaches: In the unfortunate event of a data breach that compromises your personal information, we will take all mandated steps to address the situation and inform affected users as required by applicable laws.