Effective as of February 1, 2014
ACCEPTANCE OF TERMS
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
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.
FEES AND PAYMENTS
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.
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.
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.
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
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.
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.
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.
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.
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.
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 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.
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.