Mind42 is a service provided by Stefan Schuster ("provider"), Kaltenbäckgasse 1/8, 1140 Vienna, Austria, Europe.
Any service provided and your use of those services is subject to the terms of a legal agreement between the provider and you. The principal place of business of the provider is the company’s address mentioned above. This descriptive writing explains how the agreement is set up and describes some of the underlying terms of agreement.
This document reflects a minimum set of terms and conditions that always apply unless otherwise agreed in writing with the provider.
Accepting the Terms of Service
In order to use the service you must first agree to the Terms of Service (in short terms “ToS”). If you not accept the ToS you may not use the service.
Clicking to agree accepts the ToS. This option is made available to the graphical user interface of the service provided. Furthermore you accept the ToS by actually using the service. This means that the provider treats your use of the service as acceptance of the ToS from that point onwards.
You should print or save a copy of the ToS for your records.
The provider itself or partners of the provider will provide services to you. Usually services are provided by the provider itself. In the case of a provided service by a partner you acknowledge and agree that partners will be entitled to provide those services to you.
Services provided are subject to a continuous development process. You acknowledge and agree that form and nature of the provided service may change from time to time without explicit prior notice to you. Furthermore you acknowledge and agree that the provider may stop permanently or temporarily to provide the entire service or parts and features of the service to you or in generally to all users of the service at any time. If you’re stopping to use the provided services you do not need to explicitly inform the provider.
In order to access the provided services you may be asked to provide information about yourself (for example registration, identification or contact details). Such information may be required during a registration process for a service. In such a case you agree that any information you provide will always be valid, accurate, correct and up to date.
You definitely agree to use the provided services only for purposes that are permitted by the ToS and any applicable law, regulation, service guidelines or accepted practices – those restrictions apply in the relevant jurisdiction. Furthermore you agree not to access – or attempt to access – provided services by any means other than through the provided interfaces or other related application programming interfaces, unless an explicit agreement between the provider and you was set up. Additionally you agree not to access – or attempt to access – any provided services through any automated processes (for example like scheduled scripts or any kind of crawler). You ensure that the usage of the provided services comply with the instructions explicitly set out with the service or in general in any robots.txt file delivered with the service itself.
You agree that you will not place any activity that may interfere with, interrupt or break down the provided services.
You agree that you will not reproduce, copy, duplicate, sell, resell or trade any provided services, unless you have been specially permitted to do so in a separate agreement with the provider.
You agree that you’re responsible – the provider has no responsibility to you or to any third party - for any breach of your obligations under the ToS and for all resulting consequences of any breach – including any loss or damage which the provider may suffer.
Registration data and password security
You agree and understand that you’re responsible for maintaining the confidentiality of any provided data and passwords associated for usage with the provided service. Furthermore you agree that you are and you will be completely responsible to the provider for all activities that occur by your usage of the provided service. If any unauthorized use of your registration data and/or password occurs you agree to immediately inform the provider by using the contact or feedback form provided by the service.
Content in services
All rights to use and modify user generated content lay with the user and persons the user has authorized to access or modify the content. You understand that all information you may have access to as part of or through your use of the provided services are the sole responsibility of the persons from which the content is originated. Such content may be for example data files, written files, clear text, images, video files, audio files and so on. You should be aware that such content might be shown to you as part of the provided service. Furthermore such content may be enriched by advertisements or sponsored content within the service. Such additional content may be protected by intellectual property rights, which are owned by the sponsors or advertisers who provide the additional content to the provider. You agree not to modify, rent, lease, loan, sell, distribute or create derivate works based on such provided content unless you have been explicitly permitted by the provider or owners of such content in a separate agreement.
You understand that you may be exposed to content that you may find indecent or objectionable by using the provided services and in this respect, you use the provided service on your own risk and responsibility.
You agree that you’re responsible – the provider has no responsibility to you or to any third party - for any content that you create, transmit or display when using the provided services and for all consequences of your actions – including any loss or damage which the provider may suffer – by doing so.
You understand and agree that the provider (or its licensors) own all legal right, title and interest in the provided services, including any intellectual property rights which may subsist services (whether those rights happen to be registered or not and wherever in the world those rights may exist). Furthermore you agree that provided services may contain information that is designated to be confidential. In such a case you shall not disclose confidential information without a written consent by the provider.
You understand and agree that you’re not allowed to use any of the providers trade names, domain names, trade marks, logos, service marks or other related brand features, unless you have agreed in writing with the provider. Additionally you agree to not remove, obscure or alter any proprietary rights notices – including copyright and trademark notices – which may be contained within the provided services.
The provider gives you a personal, worldwide valid, royalty-free, non-assignable and non-exclusive license to use provided software as part of a service provided by the provider to you. This license is for the sole purpose of enabling you to use services – service/software as it is - in the manner permitted by the ToS.
You may not copy, modify, derivate the work or reverse engineer, decompile or otherwise attempt to extract the source code of the provided service, unless you have been explicitly permitted in writing by the provider or it is required by law. Furthermore you may not permit anyone else to act instead of you. If you have received a written permission by the provider to do so, you may not assign your rights to use the software (the extracted code), grant a security interest in or over your rights to use the software or transfer otherwise any part of your rights to use the extracted software.
The provided services rely on software written by the provider and/or third parties. From time to time updates must be applied. During software updates downtimes of the service may occur. You acknowledge that the provider has no responsibility to you or to any third party for the loss or damage of data.
Ending your relationship with services provided
The ToS will continue to apply until terminated by either the provider or you.
You can terminate your legal agreement with the provider by notifying the provider at any time or by removing or disabling your service registration. You should send your notification in writing to the providers address mentioned in the beginning of this document or by using contact or feedback forms provided by the service.
The provider may at any time terminate its legal agreement with you if:
- you have breached any provision of the ToS
- The provider is required to do so by law
- a partner of the provider has stopped to offer services which build the base of the provided services to you
- The provider has decided to no longer publicly provide the service at all.
When these ToS come to an end, all of the legal rights, obligations and liabilities that the provider and you have benefit from, been subject to or which are expressed to continue indefinitely, shall be unaffected by this cessation and the provisions of chapter “Jurisdiction” shall continue to apply indefinitely.
Software and License in local environments
Some software applications and solutions by the provider may also be operated locally. Locally means in such a case: within your environment, on your own responsibility and power, as virtual appliance and on the basis of an exclusive license issued by the provider to you. Such a license is granted under this agreement - as part of the general ToS - solely to you as licensee and not by implication or otherwise to any parent, subsidiary or affiliate.
You are not allowed to assign, sell, rent, lease, transfer, resell, redistribute or sublicense the software to any third party unless otherwise agreed to in writing with the provider in its sole discretion. You agree not to copy the virtual appliance or the software in whole or in part or to extract the software from the underlying virtual environment, except that you make copies of the local running environment for backup and archive purposes only.
You may not modify the software, make derivative works based on the software or the underlying virtual environment or try to merge the delivered environment with other computer programs and solutions. You are not allowed to reverse engineer, disassemble or decompile the software in whole or in part or otherwise to attempt to derive its source code. This restriction may conflict with software or licenses additionally delivered as part of the virtual appliance and applies to software written by the provider which is part of the virtual appliance.
You agree not to modify, obscure or delete any proprietary rights notices included in the software, within the virtual appliance or the documentation. Furthermore you agree to include all such notices on all copies – if explicitly permitted by the provider.
The license granted to you under this agreement is limited to the number of seats/registrations set forth during the download, purchase and/or installation process. Only one person may use a seat/registration. Two or more people may not share a seat/registration.
Finally you agree to use the software and the virtual appliance in compliance with all applicable laws and regulations, including, without limitation, applicable export control laws and regulations of Austria, Europe and their jurisdiction.
The ToS and your relationship with the provider shall be governed by the law of Austria, Europe without regard to its conflict of laws provisioned by your country. The provider and you agree to submit to the exclusive jurisdiction of the courts located in the state Austria, Europe to resolve any legal matter arising from the ToS.
Changes to the ToS
The provider may change the ToS from time to time. When changes have been made a new version of the ToS will be available at http://mind42.com/terms. You understand and agree that if you use the provided services after the date on which the ToS have changed that the provider will treat your use of the service as acceptance of the ToS. Furthermore you agree that the provider may provide notices including changes to the ToS by email, regular mail or as a post/reminder within the service.