1. General Terms and Conditions
1.1 This User Agreement makes use of the following definitions:
- Website – an internet resource comprising information, services, and software, including MIND SOFTWARE published on the Internet at the address: www.imind.com.
- Website Administration – Intermind S.a.r.l., registration number B 168718, location: 9, Alle Scheffer, L-2520, Luxembourg (hereinafter - the "Administration").
- User – a natural person, or a duly authorized representative of a legal entity that has undergone the registration procedure on the Website.
- Registration – the procedure of entering data into the registration form in order to identify the User, which results in the User obtaining the unique username and password that must be used on the Website.
- Username – the User e-mail address entered during Registration (hereinafter the "Username").
- User Personal Office – client access to individual user settings and reports takes place during authorized access via the secure-protocol web-interface (hereinafter "Personal Office").
- MIND Software – is a Personal Computer program (the result of intellectual activity on the part of the license grantor) used for online meetings and real-time collaboration enabling online presentations, collaboration on documents and attachments, and websites, video files, and images to be viewed synchronically (hereinafter – MIND Software).
- 1.2. The Administration warrants that all rights to the entire Website and use of the network address (domain name) www.imind.com belong to the Administration and its partners.
- 1.3. Prior to registering on the Website, the User is obligated to become fully acquainted with the current version of the User Agreement (hereinafter the "Agreement" or "User Agreement").
- 1.4. A User's Registration on the Website or actual use any of the software and/or functional capabilities available on the Website signifies the User's full and unconditional acceptance of the User Agreement and expressed agreement to adhere to its conditions.
- 1.5. The User Agreement may be amended by the Administration at any time without specifically notifying the User.
- The User shall be obligated to regularly review the current version of the User Agreement published at the Internet address: www.imind.com/useragreement.
- The User shall be obligated to stop using the Website should they disagree in whole or in part to the conditions of the amended User Agreement.
- Continuing to use the Website indicates the User's full and unconditional acceptance of the User Agreement as amended.
- 1.1 This User Agreement makes use of the following definitions:
2. Subject of the User Agreement
- 2.1. This User Agreement defines the conditions under which the Administration of the Website www.imind.com shall provide the User with the right to use the Website, and the User accepts and agrees to adhere to the aforementioned conditions.
- 2.2. The Administration shall provide the User with the right to free use of the functional capabilities of the Website in trial mode over the course of 14 (fourteen) days from the User's registration on the Website. Meanwhile, for the purposes of using MIND Software in trial mode, the User shall be provided with only one Standard License for 10 online event participants, valid for 14 (fourteen) days.
3. Website Functional Capabilities
- 3.1. Via the Website, the User shall have the opportunity to obtain access to software, including MIND.
- 3.2. The User shall independently undertake actions necessary to obtain Access to the Website. The administration does not provide Internet access services, nor does it provide service to other telecommunications networks necessary to ensure access the Website.
4. User Hardware Requirements for MIND Software
- 4.1. A personal computer, web-camera, and Internet access are required to be technically able to use MIND Software.
- 4.2. The Administration shall bear no responsibility if the technical properties, configuration, or settings of the User's Hardware impede their use of MIND Software.
5. Registration on the Website
- 5.1. When undergoing Registration on the Website, the User shall be obligated to follow the Registration procedure and provide the Website Administration with accurate and up-to-date information. The User bears responsibility for the information provided during registration being accurate, up-to-date, complete, and compliant with the requirements of the applicable laws.
- 5.2. The Administration shall in no way verify the information provided by the User (unless the text of separate agreements concluded with or proposed to Users provides otherwise), nor assume liability before any third parties for the accuracy or reliability of said information, nor consider User-provided information to be personal data subject to special protection under the applicable laws; meanwhile, the User hereby consents to User registration data being processed and transferred to any third party for the purposes of its use in the interests of the User in the operation of MIND Software, as well as for statistical, marketing, or other, scientific, purposes.
- The User does not object to the fact that the aforementioned information may be presented to authorized governmental bodies in accordance with the requirements of the applicable laws.
- 5.3. The User shall be obligated to notify the Website Administration of changes to any data given to it during Registration within 5 (five) days. The User shall provide such notification on their own by making changes to the registered user section in the User Personal Office on the Website.
- 5.4. The username and password of the User is necessary and sufficient information for User access to the functional capabilities of the Website over a defined period of time.
- 5.5. The User is not entitled to transfer their username and password to third parties, and bears full responsibility for their safekeeping by a method of their choosing. The User has no right to transfer or assign their rights and responsibilities under this Agreement to third parties, whether in part or in full.
- In case of the User transferring their username and password to third parties or allowing third parties access to the Website on behalf of the User and without the agreement of the Administration, all rights and responsibilities under this Agreement shall be assumed by User.
- 5.6. All acts committed while using the Username and Password of a User shall be considered to have been committed by that User.
- 5.7. In case of unauthorized access to a Username and Password, or transfer of a Username and Password to third parties, the User shall be obligated to immediately notify the Website Administration of the fact per the procedure established in item 15.2 of this Agreement.
6. Information Published and Transmitted by Users
- 6.1. The User shall bear responsibility for any information or other content (include data files, text, software, music and audio files, as well as other sound files, photos, videos, and other images) that they publish, upload, or otherwise transmit to third parties via MIND Software, and for any interaction with other Users, as well as all the consequences of such actions (including any losses that the Website Administration may incur).
- 6.2 Before publishing information or other content (including but not limited to images of other persons, texts of various content written by third parties, audio recordings, and video files) via MIND Software available on the Website, the User is obligated to evaluate the legality of its publication.
- In case of doubt regarding the legality of undertaking these or other actions, including the publication of information, the Website Administration recommends refraining from them.
- 6.3. When using the Website, it is EXPRESSELY FORBIDDEN for the User to:
- 6.3.1. register as a User on behalf of or instead of another party, or register a legal entity as a User without obtaining necessary authorization in the form and manner required by the applicable laws;
- 6.3.2. mislead Users as to one's identity by using the username or password of another registered User;
- 6.3.3. distort information about oneself, one's age, or one's relationship with other persons or organizations;
- 6.3.4. upload, store, publish, distribute, provide access to or otherwise use any information (including linking to it) that:
- - contains threats, libel, knowingly false information, defames, insults, discredits another's honor, dignity or business reputation, or violates the privacy rights of other Users or third parties;
- - may violate the rights or harm the interests of other parties, including the rights of minors;
- - is vulgar or obscene, contains uncensored language, or contains pornographic images or texts or scenes of a sexual nature, whether or not participated in by minors;
- - contains violent scenes;
- - contains inhumane treatment of animals;
- - contains a description of suicide techniques or instruments, or any instigation to suicide;
- - advocates and/or promotes the incitement of racial, religious, or ethnic hatred or enmity, or advocates fascism or the ideology of racial supremacy;
- - contains extremist materials;
- - advocates criminal activity or contains advice, instructions, or guidance on committing criminal acts,
- - contains restricted-access information, including but not limited to state or commercial secrets, and information on the private life of third parties;
- - advertises narcotics or describes their use as being attractive; this also applies to "digital narcotics" (sound files that affect the human brain using binaural beats); contains information on the distribution of narcotics, recipes for their preparation, or advice on their use;
- - is fraudulent in nature;
- - violates other rights or harms the interests of natural persons or legal entities, or violates the applicable laws;
- - is something whose publication on the Website is undesirable for other reasons;
- - publish commercial or political advertisements outside of special Website sections established by the Website Administration (The User shall obtain paid services on the Website on the basis of separate Agreements).
- 6.3.5. illegally upload, store, publish, distribute, provide access to, or otherwise use the intellectual property of other Users or third parties;
- 6.3.6. send mass messages without the consent of Website Users;
- 6.3.7. use software or undertake actions aimed at disrupting the normal functioning of the Website or User Personal Officers;
- 6.3.8. upload, store, publish, distribute, provide access to or otherwise made use of viruses, trojans, or other harmful programs, including creating and maintaining pop-up windows;
- 6.3.9 use automatic scripts (programs) to collect information on the Website and/or through interaction with the Website without special permission to do so from the Website Administration;
- 6.3.10. attempt to obtain access to the username and password of another User by any method, including but not limited to deception, violation of trust, or hacking;
- 6.3.11. collect and process the personal data of other Users or third parties without obtaining suitable permission from them beforehand (including but not limited to data on their last name, first name, patronymic, home address, telephone numbers, electronic mail addresses, passport data, banking information, and other private information), as well as commit other illegal acts with personal data;
- 6.3.12. obtain (or try to obtain) access to any functional capabilities of the Website in a way other than through the interface provided by the Website Administration, with the exception of cases where the User has been directly authorized to undertake such actions by separate agreement with the Website Administration.
- 6.3.13 reproduce, duplicate, copy, sell, trade, or resell services or software available on the Website, including MIND Software, for any purpose, with the exception of cases where the User has been directly authorized to undertake such actions by the provisions of a separate agreement with the Administration;
- 6.4. THE USER REALIZES AND CONSENTS TO THE FACT THAT WHEN USING MIND SOFTWARE, THEY MAY FIND INFORMATION OR OTHER CONTENT THAT IN THEIR OPINION CONTAINS INFORMATION THAT IS OF AN OFFENSIVE, REPROACHFUL, OR OBSCENE NATURE, AND IN THAT REGARD THE USER MAKES USE OF THE SYSTEM DEPLOYED ON THE WEBSITE SOLELY AT THEIR OWN RISK.
7. Exclusion of Warranties and Limited Liability of the Administration
- 7.1. The Website Administration is neither an Organizer, User, nor Participant of online meetings or collaboration events held by Users registered on the Website via MIND Software. The Website Administration bears no responsibility for the creation and/or management of events, including the composition and territorial location of Users when using MIND Software.
- 7.2. The Website Administration does not control the information and content published, transmitted, or stored on the Website by Users via MIND Software, and consequently does not guarantee its accuracy, completeness, or quality, and bears no responsibility for its content. The Website's IT system and its software lack technical mechanisms for automatically censuring and monitoring the acts of Users when using the Website.
- 7.3. THE WEBSITE ADMINISTRATION PROVIDES USERS WITH THE OPPORTUNITY TO USE THE WEBSITE, ITS SERVICES, AND MIND SOFTWARE "AS IS".
- 7.4 The software is provided "as is", without warranty obligations of any kind, including guarantee of suitability for use. The User assumes any and all risks related to the quality, security, and functionality of the Software. All liability arising from the use of the Software rests with the User. The Administration assumes no liability for any improper use of the Software that may result in any damage to the User.
- 7.5. The Administration also assumes no liability for any losses that the User may incur as a result of:
- 7.5.1. the effects of viruses or other harmful programs that affect access to the Website, its services, or Software, and use thereof;
- 7.5.2. the User's employment of Hardware that does not meet the recommendations or requirements specified in this User Agreement, Hardware malfunction, or any User Hardware incompatibility with the Website;
- 7.5.3. the occurrence of any interference, error, latency, breakdown, or interruption in the operation of the Website, its Services, or Software;
- 7.5.4. breakdown or malfunction in the normal operation of Hardware belonging to either the Administration or communications providers serving the Administration and the User, as well as a result of malfunction or breakdown in the hardware and software systems of other parties working with the Administration, or the actions of third parties aimed at interrupting or halting the operations of all or part of the Website;
- 7.5.5. unforeseen malfunction in the normal operation of the Website;
- 7.5.6. any changes that the Administration is entitled to make to the Services or software accessible on the Website, or as a result of disruption (whether ongoing or temporary) in the provision of Services or software (or any of their individual functions or properties);
- 7.5.7. deletion, failure, or inability to save any information or other communication data published or transmitted via the Website or MIND Software;
- 7.5.8. the User being unable to ensure the integrity and confidentiality of their username and password;
- 7.6. In case of force-majeure situations arising (in the sense accepted in international practice) that preclude or objectively impede the implementation of this Agreement, the Parties shall have no reciprocal claims and each of the Parties shall assume the risk brought about by the consequences of such circumstances on its own.
- 7.7. The relationship between the Administration and User shall have no conditions, warranties, or other provisions attached to it (including any implied conditions regarding satisfactory quality, compliance with designated use or compliance with a description) besides those directly indicated in the User Agreement.
- 7.7. Regardless of the nature and cause of losses incurred by the user due to the fault of the administration, the administration's liability related to any of the provisions of this agreement and the amount of compensation due to the user is limited to the total amount actually paid by the user for services or software available on the website for 1 (one) month, even if compensation obtained does not cover the losses incurred.
8. Interruptions in the Operation of the Website and Software
- 8.1. The Administration has the right to perform preventative maintenance that temporarily suspends the operation of the Website.
- 8.2. If conditions specified in items 7.5.1 through 7.5.8 and 7.6 arise, the operations of the Website may be suspended without prior User notification.
9. User Responsibilities
- 9.1. Notwithstanding and in addition to other provisions of this Agreement regarding User responsibilities when using the Website, MIND Software, the following are completely the sole responsibility of the User, without restriction:
- 9.1.1. the User's liability arising from creating and/or distributing, as well as uploading, transmitting and/or receiving information using MIND Software, including the responsibility to independently settle any and all claims that may arise in relation to information transmitted and/or accepted by the User at the User's own cost, as well as responsibility for any damage that may be sustained to computers of the User or third parties, or to their data as a result of the User uploading, transmitting, or receiving said information;
- 9.1.2. liability for all relations between the User and other Users or third parties which arise in conjunction with or as a result of use of the Website or MIND Software, including the User's liability to third parties involved in the User's commercial or non-commercial operations, as well as the User's responsibility for their own losses and expenses that arise in that regard;
- 9.1.3. the User's liability for undertaking activity using the Website or MIND Software that is forbidden by the laws of the Grand Duchy of Luxembourg or in violation of them, as well as activity requiring the User to have a special permit (license) when such a permit is not obtained or such a condition is not met.
- 9.2. If the User violates the conditions of this Agreement, they may be held liable in accordance with the applicable laws of the Grand Duchy of Luxembourg.
- 10.1 The Administration shall consider User data, as well as information along with other content that Users publish, upload, or otherwise transmit amongst themselves and third parties via MIND Software to be confidential information, with the exception of cases provided for by the laws of the Grand Duchy of Luxembourg.
- 10.2 There is no censorship on the Website. The User consents to information along with other content that Users publish, upload, or otherwise transmit amongst themselves and third parties via MIND Software undergoing certain automatic processing by the Administration's applications for the purposes of optimal transmittal, acceptance, and storage in the System. Obligatory automatic data processing shall include a set of measures necessary to detect malicious code in transmitted information, as well as block and delete it whenever possible. Such measures are implemented only for the purpose of protecting User personal computers and Administration hardware.
- 10.3 Regardless of the provisions of item 10.1 of this Agreement, the Administration, at its own discretion, shall have the right to present appropriate parties with the information indicated in item 10.1. in the following cases:
- 10.3.1. in order to comply with the requirements of the law or respond to a request from law-enforcement or other authorized governmental bodies;
- 10.3.2 in order to protect the rights, property, or interests of the Administration, its employees, its clients, or other parties.
11. Discontinuing Registration on the Website
- 11.1 The terms and procedure for discontinuing the relationship between the Administration and a User are governed by this User Agreement, as well as separate agreements signed by the Parties.
- 11.2. The User is entitled to terminate this Agreement by discontinuing use of the Website, Services, and Software.
- 11.3 The Administration is entitled to annul the User's registration on the Website and terminate the User's access to it at any time and without prior notification if:
- 11.3.1 the User has violated any provision of this Agreement (or has committed acts that clearly indicate that they do not intend to or are unable to adhere to the provisions of this Agreement);
- 11.3.2 the provisions of the law or a pronouncement made by competent governmental bodies impedes the continued operations of the Administration;
- 11.3.3. other parties working with the Administration have ceased to exist or ceased their activities;
- 11.3.4 the Administration has ceased to provide access to the Website for Users located inside a country that the User is a resident of, or from the territory that the User uses the Website from;
- 11.3.5 unforeseen problems of a technical nature have arisen;
- 11.3.6. in the opinion of the Administration, other serious grounds for discontinuing use of the Website exist; in such a case the Administration is entitled to, among other actions, delete the User's registration and (or) suspend, limit, or discontinue access to the Website without providing an explanation of the reasons for such actions if it discovers evidence of violation of the terms of this User Agreement in the activities of the User, as well as in case of receipt of a substantiated compliant from a rights owner regarding the violation of their legally-protect rights.
- 11.4. The Administration reserves the right to delete any materials published by the User within the Website, including those published via MIND Software, without giving reason and without prior notification of the User; however, the Administration shall make every possible effort to avoid such situations.
12. Intellectual Property Rights
- 12.1 The User recognizes and agrees that the Website contains audiovisual productions, computer programs, trademarks, and other items of intellectual property, property rights, and immaterial rights that belong to the Administration (and/or its partners) and cannot be used without obtaining the prior consent of rights holders (regardless of whether or not such rights are registered, and regardless of the jurisdiction where such rights may arise).
- 12.2. The User is obligated to not reproduce, copy, modify, or dissect a program into component code, nor reverse engineer or otherwise attempt to obtain the source code of the Software or a portion of it, nor sell or make it available to the public, nor distribute the content or programs of the Internet Website in whole or in part, with the exception of cases where the terms of separate agreements between the Administration and the User provide otherwise.
- 12.3. The User recognizes that linking to the Website is obligatory when citing materials from it, including those protected by copyright.
- 12.4 The Administration (and/or its contractors) may hold patents, patent applications, trademarks, copyrights, and other intellectual property rights related to the content of any or all Website pages. The fact of the User being given access to the aforementioned Website pages does not signify that the User is being provided a license of any kind to use the objects of intellectual property.
- 12.5 Only those rights clearly given to the User by the Administration under this Agreement or a separate agreement shall belong to the User. Property rights to objects of intellectual activity shall remain with the Administration.
- 12.6 Unless it has been agreed otherwise with the Administration in writing, no provisions of this Agreement shall provide the User with the right to use any company name, trademark, service mark, logo, domain name, brand, or other distinguishing mark published on the Website.
- 12.7 The User shall not delete, conceal, or alter any marks indicating rights (including copyright marks and trademarks) that may be located on or contained in the Website.
13. Links to Other Websites
- 13.1 The Website contains (or may contain) links to other websites on the Internet (third-party websites), as well as articles, photographs, illustrations, graphics, music, audio, video, information, attachments, programs, and other content belonging to or coming from third parties (third-party content) that is the result of intellectual activity and protected by the laws of the Grand Duchy of Luxembourg. The compliance of said third parties and their content with requirements of any kind (veracity, completeness, good-faith, etc.) is not verified by the Administration.
- 13.2. The Administration assumes no liability for any information published on the websites of third parties that the User gains access to through the Website, its Services, or other third-party content, including any opinions expressed or assertions made on third-party sites or within their content.
- 13.3. The publication of links or instructions on the Website for downloading files and (or) installing third-party applications does not indicate support for or approval of such activities by the Administration.
- 13.4. A link to any website, product, service, or any information of a commercial or non-commercial nature being published on the Website does not denote the Administration's approval or endorsement of those products (or services).
- 14.1 The User realizes and agrees that the Website may contain advertisements, and that the presence of such advertisements is a necessary condition for using the Software published on it. The User also understands and agrees that the Website may contain messages from the Administration such as service announcements, automatic notifications, and news feeds.
15. Contact and Complaint Procedure
- 15.1. A User who believes that their rights have been violated or interests harmed by the actions of the Administration may send a complaint. Complaints will be reviewed by the User Support Service in accordance with the general procedure for dealing with incoming requests. The electronic mail address of the User Support Service and its contact telephone number are listed on the following website: www.imind.com.
- 15.2. For questions related to the operation of the Website, including MIND Software, the User may contact the User Support Service at the following electronic mail address: firstname.lastname@example.org.
- 15.3. The User and the Administration agree that all possible disputes arising due to the User Agreement shall be resolved in accordance with the laws of the Grand Duchy of Luxembourg and fall exclusively under the jurisdiction of the courts of the Grand Duchy of Luxembourg.
16. General Information
- 16.1. Nothing in the User Agreement is to be understood as the creation of an agency agreement, partnership association, joint venture, employment relationship, or any other relationship not directly specified by the User Agreement.
- 16.2. A court of law ruling any provision of this User Agreement invalid or unenforceable shall not render its other provisions invalid or unenforceable.
- 16.3. Inaction on the part of the Administration in case of the User or any other third party violating of the provisions of this User Agreement shall not deprive the Administration of the right to undertake appropriate action in defense of its interests at a later time.
- 16.4. The provisions of consumer rights protection laws do not apply to unpaid use of the Website, including MIND Software.