Last updated June 18, 2018
Please read this End User License Agreement (“Agreement”) carefully. This Agreement governs your access to and use of this mobile application (including all underlying technology, “App”), provided to you by Minda Labs, Inc. (“Minda,” “we,” “us,” or “our”).
We reserve the right to modify this Agreement at any time. The most current version of this Agreement will be made available within or through the App. All changes will be effective immediately upon being made available within or through the App and, by accessing or using the App after changes are made, you agree to those changes. If we make material changes to this Agreement, we will notify you, within the App or otherwise, prior to the effective date of the changes and you will be required to agree to the revised Agreement to continue using the App.
Access. The App may only be used by authorized users of Minda customers that have agreed to an applicable license agreement with Minda (“Software Terms”). All use of the App is governed by the Software Terms, into which this Agreement is incorporated. You are responsible for maintaining the confidentiality of any information you use in connection with the App, including any activation keys, log-in credentials, usernames, and passwords.
License. Provided you comply with this Agreement, Minda grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable personal license to download, install, and use the App on any compatible device that you own or control solely for your own academic purposes as permitted by the Software Terms and any agreements between you and the applicable App Marketplace (as defined below).
Use Restrictions. You may not: (i) copy, reproduce, display, duplicate, sell, publish, post, license, rent, or distribute the App or any part of the App; (ii) modify, translate, adapt, create derivative works of, decompile, disassemble, reverse-engineer, or attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the App or any part of the App; (iii) remove, delete, alter, or obscure any trademark, copyright, patent, or other intellectual property or proprietary rights notices or marks on or within the App; (iv) use the App for unlawful purposes; (v) access, use, or copy any portion of the App through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms; (vi) use the App to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (vii) submit inaccurate information via the App, commit fraud or falsify information in connection with your use of the App, or act maliciously against the business interests or reputation of Minda; or (viii) use the App in any anticompetitive manner or for any purpose that has the potential to be contrary to Minda’s business or economic interests; or (ix) send any unsolicited messages, chain letters, spam, or junk mail using the App.
App Updates. We reserve the right to update and otherwise modify the App at any time (“Updates”), including the right to delete and modify certain features and functionality, without liability to you. You will promptly download and install, or cause your device to automatically download and install, any available Updates. Any failure to use the latest version of the App may result in the App not operating properly. This Agreement governs all Updates unless the Update is accompanied by a separate agreement, in which case that agreement will govern. If there are multiple versions of the App available for download, this Agreement applies to all versions of the App regardless of the location from where it is downloaded. The term “App” as used in this Agreement includes all Updates.
Your Account. You will be required to submit certain information in order to set up your account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the App, including your username and password. In connection with your access to and use of the App and that of any person authorized by you to access or use the App, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including any applicable rules regarding online conduct. You warrant that all information you provide to us in connection with your access to and use of the App is true, accurate, and complete to the best of your knowledge and belief.
Data Charges. You are responsible for any telecommunications and data charges incurred by using the App.
Push Notifications. From time to time the App may notify you via push notifications or otherwise via the App. You may opt out of push notifications if permitted by your device settings.
Term; Termination. This Agreement is effective upon your acceptance of this Agreement or as of the date you first access or use the App, whichever occurs first, and will continue in effect until terminated in accordance with this Agreement. You may terminate this Agreement at any time by uninstalling and deleting the App, including all copies of the App, from your device. Minda may, for any reason and in its sole discretion, terminate this Agreement, without notice or liability, including if you breach this Agreement, upon any unauthorized use of your username or password, if you act in an abusive manner, if you act in a manner inconsistent with local, state, or federal laws or regulations, or if it becomes no longer commercially viable to provide the App to you. Upon any termination of this Agreement or your account you must promptly uninstall and delete the App, including all copies of the App, from your device and cease accessing and using the App.
Compliance with Laws; Export. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the App. You may not export, directly or indirectly, the App except as may be authorized by United States export control laws and other applicable laws and regulations. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties.
Your Warranties. You warrant that: (i) your use of the App does not violate any applicable law or regulation; (ii) you have the right and are able to enter into this Agreement; (iii) you will not impersonate any other person or entity or permit third parties to use your copy of the App; (iv) you will not use the App to violate Minda’s or any third party’s rights (including privacy rights, publicity rights, intellectual property rights, and contractual rights); and (v) you will not use the App in any manner that could impair any third-party website, application, or service in any way or interfere with any third party’s use or enjoyment of any website, application, or service.
Intellectual Property Rights. The App, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, is exclusively the property of Minda or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Minda or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The App may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly stated in this Agreement, no licenses or other rights, express or implied, are granted by Minda to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Minda.
Application Marketplaces. This Agreement does not modify any agreement between you and the applicable mobile application marketplace, for example, Google Play and Apple’s App Store (each, an “App Marketplace”). You understand that this Agreement is entered into between you and Minda and not between you and any App Marketplace. You further understand that solely Minda, and not any App Marketplace, is responsible for the App, including its content, and for addressing any claims (yours or a third party’s) relating to the App or your use of the App. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
NO WARRANTY. THE APP IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER MINDA NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE APP. MINDA MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, DATA, AND OTHER INFORMATION ON THE APP (EXCLUDING ANY USER-GENERATED CONTENT) IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. MINDA DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE APP. MINDA DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE APP WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. MINDA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE APP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. MINDA HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
WE MAKE NO REPRESENTATION THAT THE APP IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE APP FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE APP IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE APP, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM MINDA OR IN ANY MANNER FROM THE APP CREATES ANY WARRANTY.
IN THE EVENT OF ANY FAILURE OF THE APP AS MADE AVAILABLE VIA APPLE’S APP STORE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND TO YOU THE PURCHASE PRICE FOR THE APP; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APP TO CONFORM TO ANY WARRANTY WILL BE SOLELY YOUR RESPONSIBILITY.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MINDA OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “MINDA PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE APP OR YOUR USE OF OR INABILITY TO USE THE APP (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE APP), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A MINDA PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE APP. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL MINDA PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You will indemnify, defend, and hold harmless Minda Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with your download of, installation of, access to, or use of the App, your misuse of any material, data, or other information downloaded or otherwise obtained from the App, your provision or receipt of information using the App, your breach of this Agreement, or your violation of applicable laws or regulations. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Feedback. Minda welcomes comments regarding the App. If you submit comments or feedback to us regarding the App, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Disputes. This Agreement is governed by the laws of the state of Illinois, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Cook County, Illinois, with respect to any dispute arising under this Agreement unless otherwise determined by Minda in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts.
Assignment. We may assign our rights and delegate our duties under this Agreement at any time to any party without notice to you. You may not assign your rights or delegate your duties under this Agreement without our prior written consent.
Third-Party Beneficiaries. This Agreement does not confer any rights, remedies, or benefits upon any person other than you and Minda, except that the applicable App Marketplace and its affiliates are third-party beneficiaries of this Agreement. Accordingly, the applicable App Marketplace has the right to enforce this Agreement against you.
Survival. Any terms of this Agreement that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of this Agreement or of your access to or use of the App.
Notices. All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Contact Us. Please direct any questions and concerns regarding this Agreement or the App to us by email at email@example.com.