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Terms of Service

1. Introduction

Welcome to Minivolve. These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Minivolve ("we," "us" or "our"), concerning your access to and use of the Minivolve website, platform, and all associated services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Service.

2. Platform Access

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these Terms.

We reserve the right to limit or terminate your access to the Platform at our sole discretion without notice for any or no reason, including if we believe you have violated any of these Terms.

3. User Registration and Accounts

To access certain features of the Platform, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

4. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Minivolve and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Minivolve.

These Terms do not grant you any rights to use our trademarks, logos, domain names, or other distinctive brand features without our prior written consent.

5. User-Generated Content

"User Content" refers to any information, data, text, software, music, sound, photographs, graphics, videos, messages, apps, calculators, or other materials that you upload, post, publish, or display on or through the Platform.

By posting User Content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content on and through the Platform.

You retain all rights to your User Content and may remove it from our Service at any time.

You represent and warrant that: (i) you own the User Content or have the right to use and license it as described above, and (ii) the posting of your User Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

6. Acceptable Use

You agree not to use the Service for any purposes that:

  • Are unlawful or promote illegal activities.
  • Involve transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
  • Infringe on or violate any intellectual property rights.
  • Contain software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or hardware.
  • Collect or track personal information of others.
  • Impersonate another person.
  • Engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform).
  • Attempt to access any part of the Platform, or any server, computer, or database connected to the Platform, by hacking, password mining, or any other illegitimate means.
  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform.

7. Service Limitations

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

8. Third-Party Links

The Platform may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

9. Liability Limitations

To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of these Terms), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

In no event shall Minivolve, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

10. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We, our subsidiaries, affiliates, and our licensors do not warrant that a) the Platform will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.

11. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Platform; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward any other user of the Platform with whom you connected via the Platform.

12. Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Platform. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

15. Contact Us

If you have any questions about these Terms, please contact us at: support@minivolve.com

Last Updated: May 20, 2024