Terms of Service and Privacy Policy

Terms of Service

Last Updated on May 15th, 2017

By using the MindScroll.com web site ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service”).

MindScroll reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at Terms of Service. Violation of any of the terms below will result in the termination of your Account.

While Mindscroll prohibits such conduct and Content on the Service, you understand and agree that Mindscroll cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

• You will provide all required information in order to set up, access or use the Services.
• MindScroll’s ability to set up your account shall depend on the level and quality of information provided.
• You will provide true, accurate, current and complete information. ln case of any information that is untrue, inaccurate, outdated, or incomplete, MindScroll may terminate your user account and refuse current or future use of any or all of the Services.
• You shall appoint administrators, who shall configure the services based on requirements.
• You shall ensure confidentiality of organisation account password.
• Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows
• You are responsible for maintaining the security of your account and password. MindScroll cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
• You shall ensure that all activities that occur in connection with your organisation account comply with this Agreement.
• You shall comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data.
• You acknowledge that MindScroll exercises no control over the content of the information transmitted by Customer or users through the Services. You shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights
• You shall notify MindScroll immediately of any unauthorised use of any password or user id or any other known or suspected breach of security.
• You shall report to MindScroll immediately and use reasonable efforts to stop any unauthorised use of the Services that is known or suspected by Customer or any Identity Cube user.
• You shall not to provide false identity information to gain access to or use the Services.

Restrictions on Use

ln addition to all other terms and conditions of this Agreement, you shall not

• transfer the Services or otherwise make it available to any third party
• provide any service based on the Services without prior written permission
• use the third party links to sites without agreeing to their website terms & conditions
• post links to third party sites or use their logo, company name, etc. without their prior written permission
• publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity
• use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of MindScroll
• violate any applicable local, state, national or international law; and
• create a false identity to mislead any person as to the identity or origin of any communication.

Payment and Fees Terms

• The subscription and setup fee is to be paid by the Customer as per the subscription plan subscribed by the customer.
• A valid credit card is required for making payments. In some cases, MindScroll supports wire transfer and payment via DD/ Cheque also.
• The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
• Subscription will be automatically renewed at the end of each subscription period unless a cancellation/ termination request has been received at least 5 days prior to the renewal date.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
• For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
• Downgrading your Service may cause the loss of Content, features, or capacity of your Account. MindScroll does not accept any liability for such loss.
• MindScroll reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
• MindScroll shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Refund Terms

• You are solely responsible for properly cancelling your account. Cancellation request has to be sent via email from official email id or from the product interface. Such a request via phone/ message will not be considered as a cancellation request.
• If you cancel the Service at least before 5 days from the end of your current paid up month, your cancellation will take effect by the end of your current paid month and you will not be charged again.
• The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

Copyright and Data Ownership Terms

Unless specifically permitted by the customer, use of the Services does not grant MindScroll the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account. However, the customer agrees to grant MindScroll permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of customer's account solely as required for the purpose of providing the Services to the customer.

Disclaimer of Warranties

Customer expressly understands and agree that the use of the services is at its sole risk. the services are provided on an as-is- and-as- available basis. mind scroll expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Mindscroll makes no warranty that the services will be uninterrupted, timely, secure, or error free. use of any material downloaded or obtained through the use of the services shall be at customer's own discretion and risk. no advice or information, whether written or oral, obtained by the customer from mindscroll, its employees or representatives shall create any warranty not expressly stated in the terms.

Limitation of Liability

Customer agrees that mindscroll shall, in no event, be liable for any consequentiail, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, in no event shall mindscroll’s entire liability to you in respect of any service, whether direct or indirect, exceed the sum equivalent to one month's fee paid by the customer towards such service in last 3 months.

lndemnification

You agree to indemnify and hold harmless MindScroll, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by MindScroll.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the rules framed under lndian Arbitration & Reconciliation Act, 1996. The decision of the arbitrator shall be final. The arbitration shall be conducted in New Delhi, lndia.

Suspension and Termination

MindScroll, in its sole discretion, has the right to suspend customer's user account or temporarily disable access to whole or part of any Service in the event of

• any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
• violation of any law or regulation, in connection with the performance of your obligations hereunder
• demonstration of negative usage impacting the performance of the Service
• violation of the Terms of this agreement.

End of terms of service

If you have any questions or concerns regarding this agreement, please contact us at legal@mindscroll.com.