Terms of Service

Effective as of February 1, 2014

ACCEPTANCE OF TERMS

By accessing and using MinterApp’s services (the “Services”) through our website (the “Site”), in whole or in part, you accept and agree to be bound by the terms set forth below (the “Terms of Use”). If you represent a company, you agree that you are authorized to accept these Terms of Use on behalf of your company, and by accessing and using the Services in whole in or in part you agree on behalf of you and your company to be bound by these Terms of Use. “User” and “Users” refer to any and all individuals or organizations using the Services. In these Terms of Use, “you” shall refer to you and, where applicable, to your company.

MinterApp reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes.

By using the Services, you also consent and agree to the terms of the MinterApp’s Privacy Policy.

ACCOUNT REGISTRATION

You must register to access and use any of the Services. When you enter or try to use a part of the Services that requires registration, you will be prompted to create an account (a “User Account”) or log into your existing User Account. You understand that if you are so prompted you will not be able to continue using that portion of the Services without having a User Account. If you are registering on behalf of your company or organization, by registering you agree that you have the requisite authority to register on its behalf. You agree that any information you provide when registering for the Services, and at any time thereafter is true, accurate and complete and that, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Use. You further agree that any credit card information or PayPal Account Information you provide through the Services is valid and that you have authority to authorize payments from such credit card or PayPal Account.

You are responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account, whether or not made with your knowledge or authority.

USE OF THE SERVICES

MinterApp grants to you a non-exclusive license to access and use the Services in accordance with these Terms of Use. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services, in whole or in part. You are solely responsible for your conduct and activities with respect to and regarding to MinterApp and the Services and any and all data, and information whatsoever (together, “Content”) that you submit.

 

While using Services, you will not:

  • violate any laws, third party rights or our policies;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to MinterApp;
  • transfer your MinterApp account and User ID to another party without our consent;
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm MinterApp, or the interests or property of other MinterApp Users;
  • be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including MinterApp staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  • be obscene or post child pornography;
  • modify, adapt or hack MinterApp or modify another website so as to falsely imply that it is associated with MinterApp;
  • appear to create liability for MinterApp or cause MinterApp to lose (in whole or in part) the services of MinterApp’s ISPs or other suppliers;
  • copy, modify or distribute rights or content from the MinterApp sites, service or tools or MinterApp’s copyrights and trademarks;
  • or harvest or otherwise collect information about Users, including email addresses, without their consent.
  • You agree that MinterApp may monitor the Site contents periodically to (1) ensure compliance with any necessary laws, regulations or other governmental requests and (2) to operate the Site properly and/or to protect itself and other Users. MinterApp therefore reserves the right to modify, reject or eliminate any content posted on or transmitted to the Site that we, in our sole discretion, believes is unacceptable or in violation of the law or these Terms of Use.

FEES AND PAYMENTS

Fees for the Services are as specified in Pricing, which is subject to change, and which is incorporated into these Terms of Use by reference. Fixed fees are not variable except as specified. Changes to fees are effective after MinterApp provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, MinterApp may choose to temporarily change fees for promotional events; such changes are effective when MinterApp posts the temporary promotional event on the Site. MinterApp may, at MinterApp’s sole discretion, suspend, cancel or change some or all of the Services at any time. In the event MinterApp introduces a new service, fees for that service will be as specified at Pricing and are effective as of the launch of the service. Unless otherwise stated, all fees are quoted in US Dollar (USD). If you opt to receive a different level of the Services, the fees payable will be automatically adjusted when the change becomes effective. Any amounts prepaid will be credited to your account and any balance payable will be due and payable immediately as a condition of your use of such Services.

If MinterApp terminates your account, if you close your account, or if the payment of your fees cannot be completed for any reason, you remain obligated to pay all unpaid fees. If you have a question or wish to dispute a charge, contact support@MinterApp.com.

OUR RESPONSIBILITIES

MinterApp will provide the Services that you have elected to receive subject to the following:

• MinterApp will provide one hour web-based training for free with each subscription. Additional web-based training can be purchased with extra cost of $50 per hour. The MinterApp does not provide onsite training.
• Data is backed-up daily.

CUSTOMER RESPONSIBILITIES

MinterApp customers using the Services are responsible for ensuring that:
• All of its nominated Users are suitably qualified and trained to operate, manage and use the Services; and
• All hardware and software used by Users is appropriately configured and protected to ensure that no breach of security from any malware, virus, or hackers will be caused or facilitated.

TERMINATION PROCEDURES

If your relationship with MinterApp terminates for any reason, the following procedures will apply:
• All of your rights of access and use of any part of the Services will immediately terminate;
• All outstanding fees due and payable by you must be immediately paid in full; and
• Subject to payment of all outstanding fees, MinterApp will for a period of Sixty (60) days following termination, make available a complete and secure download file of all of the customer’s Content at the current Database Services Rates as stipulated in initial quote

REFUND POLICY

We do not offer refunds. However, we do offer a no-obligation free 30 days trial account of our application so you can verify if the application suits your needs.

CANCELLATION POLICY

The minimum commitment for the service is 1 month. You can cancel your service any time. However, no refunds are offered for the unused portion of time. To cancel your account, please contact our support desk.

Free Distribution of MinterApp

MinterApp will, on occasion, offer its core product at no cost, or at a discounted price, through promotions managed by strategic partners of MinterApp. “Free” subscription programs align with MinterApp’s mission of helping small organizations leverage technology to become more efficient and scale their services.

MinterApp reserves the right to terminate the subscription if any of the following occurs:
• Failure to meet the eligibility requirement at any time, as determined in the sole discretion of NPE and its strategic partners..
• Failure to maintain membership when procuring the “Free” subscription through a strategic partner’s membership program.
• Inactivity on the MinterApp software for a consecutive sixty (60) day period.
• The termination of MinterApp’s relationship with the strategic partner through whom the subscription was provided.
• A participating organization transfers or resells, or attempts to transfer or resell, MinterApp Products.

Organizations that have current or former subscriptions with MinterApp do not qualify for our free programs. In addition, once a free or discounted subscription is cancelled, an organization cannot re-qualify for the free program at any time in the future through any “promotions” or other strategic partner programs.
Eligibility requirements are subject to change at any time in NPE’s sole discretion, with or without notice.

Participation in MinterApp’s free program is also subject to terms and conditions of any strategic partner though whom the free software is made available. The strategic partner will be responsible for enrollment, collection of any fees, and other details regarding the organization’s eligibility or participation in the free program.

DISCLAIMERS

Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. MINTERAPP DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS THE SERVICES AT ALL TIMES OR PLACES, THAT MINTERAPP WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, MINTERAPP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. MINTERAPP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. MINTERAPP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND MINTERAPP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

Limitation of Liability

IN NO EVENT SHALL MINTERAPP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

MISCELLANEOUS TERMS

Communications

MinterApp reserves the right to contact you from time to time for feedback about the Services. We may also contact you regarding service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, notices posted on the Site. Notices will be deemed effective at the time MinterApp sends them or as of the date they are posted, regardless of whether you actually read any such notices.

You consent that any emails, surveys, other information or feedback regarding the Services or the Site that you provide to MinterApp through the Services or via any other medium, except as otherwise provided in our Privacy Policy, can be used by us in any manner, including but not limited to for reviews and ratings on MinterApp or third party websites.

Additional Information

The Site contains information, advice, text, links to other websites and other materials (“Additional Information”) that are provided for your convenience and enjoyment. You should be aware that the Additional Information might contain errors, omissions, inaccuracies, or outdated information. MinterApp makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Additional Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products, services or publications within the Site does not construe or imply endorsement of those products services or publications.

Intellectual Property

MinterApp retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively “MinterApp IP”) that are the exclusive property of MinterApp and/or its licensors. We do not transfer any rights in or to the MinterApp IP to you.

Content of the Services that incorporates or includes any of the MinterApp IP may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of MinterApp or the rightful owner, as applicable.

Confidential Information

Confidential Information is any oral, written, graphic or machine-readable information disclosed by MinterApp that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. You agree to not disclose or use any such Confidential Information without our prior written consent of MinterApp, and to maintain the confidentiality of the Confidential Information.

Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws principles.

Entire Agreement

These Terms of Use, other MinterApp legal policies as posted on the Site, and any operating rules for the Services established by MinterApp constitute the entire agreement between MinterApp and you regarding your use of the Services. If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance. MinterApp offers the Services from the India. MinterApp makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

No Waiver

A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

Dispute Resolution

In the event of any dispute or disagreement between MinterApp and you with respect to the interpretation of any provision of these Terms of Use, or with respect to the Services, we each agree first to meet in person for the purpose of resolving the dispute. We each agree to share non-privileged information that would be useful to resolving the dispute. We may mutually agree to appoint a neutral advisor to facilitate negotiations and, if requested by both of us, to render non-binding opinions. No formal proceedings for the judicial resolution of any dispute may be commenced until Sixty (60) calendar days following initiation of these negotiations (or for such shorter period as we may mutually agree in writing). Thereafter we may each seek whatever remedy is available in law or in equity. The provisions of this Section will not apply to any dispute relating to any obligations relating to non-disclosure and confidentiality.