Terms of service

1. General

  1. By using any of the MINDOOL products, software, or services available at *.mindool.com (or alternative domain names pointing to *.mindool.com) (collectively referred to as "Services") provided by MINDOOL Sàrl ("MINDOOL"), you agree to be bound by the following terms and conditions ("Terms of Service").
  2. MINDOOL reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: http://mindool.com/terms-of-service
  3. The failure of MINDOOL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
  4. You agree that MINDOOL owns all legal rights in the Services. You must not remove, modify or obscure any legal notices. You are not entitled to use MINDOOLS’s trademarks (especially MINDOOL), trade names, brands, domain names, or other distinctive brand features.
  5. Violation of any of the terms below can result in the termination of your user-account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.
  6. If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
  7. These Terms of Service constitute the entire agreement between you and MINDOOL und replace all previous agreements under this title. There are no verbal subsidiary or ancillary agreements.
  8. These Terms of Service, and your relationship with MINDOOL under these Terms of Service, shall be governed by the laws of Luxembourg. You and MINDOOL agree to submit to the exclusive jurisdiction of the courts of Luxembourg-City, Luxembourg, to resolve any legal matter arising from the Terms of Service.

2. Provision of the Services by MINDOOL

  1. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.
  2. MINDOOL does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
  3. You understand and agree that MINDOOL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which MINDOOL may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
  4. Technical support is provided on a best-effort basis and only by e-mail and online forms provided by MINDOOL.
  5. You understand that MINDOOL can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.
  6. MINDOOL may stop, remove, modify, or add, permanently or temporarily, Services or features within Services at MINDOOL’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.

3. Use of the Services by you

  1. You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  2. For certain services, MINDOOL may offer or require you to register for a user-account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your user-account and password. User-accounts registered by bots or other automated methods are not permitted.
  3. For certain services, MINDOOL may offer to upload your personal profile photo. You are responsible to not upload an abusive photo, to not infringe on any copyrights or trademarks, and to not use a design which other MINDOOL users may deem offensive.
  4. For certain services, MINDOOL may offer to define a personal URL (web address). You understand that MINDOOL can rename or reject your personal URL, e.g., if you intentionally or unintentionally interfere with a trademark owner or because your personal URL is deemed offensive.
  5. You agree that you will not impersonate another person.
  6. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  7. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by MINDOOL.
  8. You agree that you are solely responsible for and that MINDOOL has no responsibility to you or to any third party for any breach of your obligations under the Terms of Service and for the consequences including any loss or damage which MINDOOL may suffer of any such breach.
  9. You agree to MINDOOL’s privacy policy, as available at http://mindool.com/privacy-policy.
  10. MINDOOL reserves the right but has no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from any of the Services at MINDOOL’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
  11. MINDOOL reserves the right to make available all content contributed by any user-account to the public domain and to submit such content to search engines. By using MINDOOL’s free services, you explicitly agree to cede your copyright to any content contributed in any process at MINDOOL to MINDOOL and accept that the right to use MINDOOL’s services for free is good and valuable consideration for the cession of such copyrights.

4. Advertisements

  1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on or made available to the Services.
  2. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you.
  3. You agree that MINDOOL may place such advertising on the Services.
  4. If you are using a free service, you must not block such advertising.

5. API Terms

Any use of the application programming interface (API) is bound by the terms of this agreement plus the following specific terms:

  1. Abuse or excessively frequent requests via the API may result in the temporary or permanent suspension of access to the API. MINDOOL determines abuse or excessive usage of the API at its sole discretion.
  2. MINDOOL reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API or any part thereof with or without notice. MINDOOL especially reserves the right to limit the number of requests via the API to a certain upper limit per time interval.
  3. Your use of the API is free of charge up to a certain extent. Larger amounts of API transactions will be charged.
  4. MINDOOL reserves the right to change the API's pricing model at any time. In such a case, you will of course be free to discontinue using the API.
  5. As a user of the API, you may, within your product, indicate that your product utilizes the MINDOOL API. At other places or in other contexts, however, you may not use either the MINDOOL brand name or the MINDOOL logo. In particular, you may not use either the MINDOOL brand or the MINDOOL logo in the name of your product.

6. Plugin Terms

Any use of downloadable plugins (e.g., Outlook plugin) is bound by the terms of this agreement plus the following specific terms:

  1. A plugin may automatically download and install updates from MINDOOL. These updates may be bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit MINDOOL to deliver these to you) as part of your use of the Services.
  2. MINDOOL reserves the right to at any time transform any or all plugins into a paid service and start billing for certain or all use of the plugin(s). In such a case, you will be given the choice to discontinue using the plugin(s) or continue using the paid service.

7. App Terms

Any use of downloadable App is bound by the terms of this agreement plus the following specific terms:

  1. An App may automatically download and install updates from MINDOOL. These updates may be bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit MINDOOL to deliver these to you) as part of your use of the Services.
  2. MINDOOL reserves the right to at any time transform any or all apps into a paid service and start billing for certain or all use of the plugin(s). In such a case, you will be given the choice to discontinue using the plugin(s) or continue using the paid service.

8. MINDOOL PRO Terms

Any use of any of our MINDOOL PRO subscription offerings is bound by the terms of this agreement plus the following specific terms:

  1. MINDOOL PRO is billed in advance and is non-refundable. There will be no refunds also in the following explicit cases: unavailability of services, downgrade, unused services, or when the functionality of services is changed.
  2. Abuse or excessively frequent requests via a MINDOOL PRO user-account may result in the temporary or permanent suspension of the user-account. MINDOOL determines abuse or excessive usage at its sole discretion.
  3. If you subscribe to our MINDOOL PRO offering, you select the number of users authorized to use your MINDOOL PRO. A user in this context is a user that is allowed to create new processes. A user is identified by his e-mail address or facebook™ or Google+™ account. If a person uses several different e-mail addresses or facebook™ or Google+™ accounts to create new MINDOOL processes, then each unique e-mail address or facebook™ or Google+™ account will count as a separate user. You are responsible to ensure that the maximum user number for your MINDOOL PRO is not exceeded and that, if the maximum user number is exceeded, you upgrade to a higher subscription.
  4. If you subscribe to MINDOOL PRO, you define a name for your MINDOOL PRO site. You understand that MINDOOL can rename your MINDOOL PRO site, e.g., if you intentionally or unintentionally interfere with a trademark owner.
  5. MINDOOL PRO allows you to adjust MINDOOL's design. You are responsible to not use an abusive design, to not infringe on any copyrights or trademarks, and to not use a design which other MINDOOL users may deem offensive.
  6. MINDOOL reserves the right to temporarily or permanently suspend user-account immediately if any of these terms are violated. MINDOOL determines violation at its sole discretion. If a user-account is to be suspended, MINDOOL will make a reasonable attempt by e-mail to warn the user-account owner prior to suspension.
  7. A MINDOOL PRO account is always associated with a user-account. All communication will be directed to the e-mail address associated with that user-account. You are responsible to keep your user-account information up-to-date.

9. Modifications to the Prices

  1. Prices of all Services are subject to change. If they change, the changes do not affect running subscriptions but will take effect only for any subsequent subscription period you choose to purchase.
  2. MINDOOL is not liable to you or to any third party for any price change.

October 4, 2014