These terms of use are entered into by and between you and Mindfire AG, 8810 Pfäffikon (SZ), Switzerland ("Mindfire", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to, participation on, and use of the online collaboration and research platform www.mind-fire.global/platform, including any content, functionality and services offered on or through www.mindfire.global/platform (the "Platform").
Please read the Terms of Use carefully before you start to use the Platform. By registering using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.mindfire.global/platform/terms. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
The Platform is offered and available to users who are 18 years of age or older. If you are a resident of a country outside of Switzerland, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. By using the Platform, you warrant that you are of legal age to form a binding contract with the use and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
refers to content contributed, uploaded, presented, featured or displayed through the Platform or otherwise in connection with the Platform, including without limitation text, audio, data, articles, images, technical descriptions, calculations, photographs, graphics, software code, applications, designs, patents, copy-rights, licenses, trademarks, trade secrets, confidential or proprietary technical and other information, features, and other materials.
is Content, written or otherwise, created by users as part of their activity in connection with the Platform, excluding Your Content. Your Content
refers to Content licensed to you or created by you independently and without any relation to your activity as a user on the Platform.
represents your legal relationship with Mindfire. A "User Ac-count" represents an individual user’s authorization to log in to and use the Platform and serves as a user’s identity on the Plat-form.
Mindire will publish research and development challenges of third party sponsors on the Platform in the form of quests. As a registered user on the Platform, you have the possibility to apply for participation in quests, subject to the terms and conditions of the specific quest.
Short version: Each user participating in the Platform is independent. You, the other users and we are independent of each other and are neither a simple partnership or form an employer – employee relationship. As some of the Content may be disclosed under confidentiality, you agree not to dis-close anything from or in connection with the Platform to any non-users. Independence
Nothing in these Terms of Use is intended to create or creates a partnership, agency relationship, joint venture of any kind or contract of employment between you and us. Nothing in these Terms of Use authorizes you to act as agent for us, and you do not have the authority to act in the name or on behalf of or otherwise to bind us in any way or to hold yourself out in your advertising or otherwise in any manner which would indicate or imply any such relationship with us. Confidentiality
In order to encourage open communication, you agree that any Content presented on or in connection with the Platform is a private communication from the user making the contribution and is presented with the restriction that such information is confidential and not for public use outside the Platform. Prior to quoting or publishing any such Content in any publication, written or electronic, written approval from us must first be obtained.
The audio or video recording of lectures, talks, sessions, presentations, or discussions, by any means, the photography of slides or other material, and printed or electronic quotes from papers, presentations and discussion on the Platform or shared in connection with the Platform without the written consent of us is strictly prohibited.
These restrictions apply to each user and are intended to cover social networks, blogs, tweets or any other publication, distribution, communication or sharing of Content presented on or in connection with the Platform.
The aforementioned obligations do not apply to Content that you can demonstrate that such Content:
a) is (at the time of disclosure) or becomes (after the time of disclosure) known to the public through no breach of these Terms of Use by you;
b) is disclosed to you by a third party who is entitled to disclose it without breaching a confidentiality obligation under these Terms of Use or otherwise;
c) as shown by written records, was known to, or was in the possession of, you prior to the time of disclosure on or in connection with the Platform; or
d) as shown by written records, is developed by you independently of any Content disclosed on or in connection with the Platform.
Short version: Each person must create an Account; you must be 18 or over; you must provide a valid email address, and you may not have more than one Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure. Account Controls
Subject to these Terms of Use, you retain ultimate administrative control over your User Account and the Content within it.
You must provide a valid email address, choose a username and password in order to complete the signup process. Any other information requested, such as your picture, your location, your website, and your background is optional.
a) You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do not permit machine accounts.
b) One person may maintain no more than one Account.
c) Mindfire does not target the Platform to a person under 18, and we do not permit any users under 18 on our Platform. If we learn of any user under the age of 18, we will terminate that User’s Account immediately. If you are a resident of a country outside Switzerland, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
d) Your login may only be used by one person - i.e., a single login may not be shared by multiple people. User Account Security
You are responsible for keeping your Account secure while you use the Platform. You are responsible for all content posted and activity that occurs under your Account.
You are responsible for maintaining the security of your Account and password. Mindfire cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify Mindfire if you become aware of any unauthorized use of, or access to, the Platform through your Account, including any unauthorized use of your password or Account. Additional Terms
In some situations, third parties' terms may apply to your use and interaction with the Platform. For example, you may download applications, documentations or source codes. Please be aware that while these Terms of Use are our full agreement with you, other parties' terms govern their relation-ships with you.
Short version: While using the Platform, you must follow the acceptable use provisions in this section 5, which includes some restrictions on Content you can post, conduct between different users, and other limitations. In short, be excellent to each other. Compliance with Laws and Regulations
Your use of the Platform must not violate any applicable laws, including copyright, patent or trade-mark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Platform is in compliance with laws and any applicable regulations. Content Restrictions
You may not use, or encourage, promote, facilitate or instruct others to use, the Platform for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
a) any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming;
b) content that infringes or misappropriates the intellectual property or proprietary rights of others;
c) content that is defamatory, obscene, abusive, invasive of privacy, racist, sexist or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts;
d) content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
While using the Platform, you agree that you will not under any circumstances:
a) harass, abuse, threaten, or incite violence towards any individual or group, including Mindfire employees, officers, and agents, or other users of the Platform;
b) use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
c) attempt to disrupt or tamper with Mindfire's servers in ways that could harm our Platform, to place undue burden on Mindfire's servers through automated means, or to access the Platform in ways that exceed your authorization;
d) impersonate any person or entity, including any of our employees or representatives, including through false association with Mindfire, or by fraudulently misrepresenting your identity or the Platform's purpose; or
e) violate the privacy of any third party, such as by posting another person's personal data without consent. Platform Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform and its Content, use of the Platform and the Content, or access to the Platform without Mindfire's express written permission. Scraping
Scraping refers to extracting data from our Platform via an automated process, such as a bot or webcrawler. You agree not to scrape anything from our Platform. Privacy
Misuse of Mindfire users' personal data is prohibited. Any person, entity, or service collecting data from Mindfire must comply with our Privacy Policy, found at www.mindfire.global/platform/terms, particularly in regards to the collection of our users' personal data. If you collect any user's personal data from the Platform, you agree that you will only use the personal data you gather for the purpose for which our user has authorized it. You agree that you will reasonably secure any personal data you have gathered from the Platform, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Mindfire or users. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other Platform users, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.
You agree not to engage in activity that significantly harms our users. We will resolve disputes in favor of protecting our users as a whole.
Mindfire encourages open and honest intellectual debate as part of a welcoming and inclusive atmosphere on and in connection with the Platform. To help maintain an open and respectful community of all users, Mindfire does not tolerate illegal or inappropriate behavior within or in connection with the Platform, including violations of applicable laws and as further set out in these Terms of Use. Mindfire condemns inappropriate acts or comments that demean other people by reason of gender, race, religion, ethnicity, age or disability or that are unwelcome or offensive to other users or to Mind-fire.
Short version: We will publish Quests on the Platform. As a registered user, you have the possibility to apply for participation in a specific Quest. The selection of the participants is within the sole discretion of us. The status as a registered user does not mean that you have a right to participate in a specific Quest. Your consent to Terms and Conditions of a Quest
By applying to participate in a Quest, you acknowledge: (i) to abide by the terms and conditions of the specific Quest, and any other guidelines or instructions provided to you in this regard; (ii) to comply with all applicable laws; and (iii) to be bound by the decisions of us and the Quest sponsor (Questmaster) in connection with your application and participation, which decisions are final and binding. To the extent that there is any discrepancy or inconsistency between specific Quest terms conditions and the terms and conditions of these Terms of Use, the specific Quest terms and conditions shall govern. Eligibility to Apply
Your application to participate in a Quest is automatically void wherever restricted by, without limitation, filing or registration requirements, or otherwise prohibited or restricted by law. Prior to applying to participate in a Quest, you must ensure that you are in compliance with any employment or other contract to which you are a party. You are responsible for ensuring that you are not prevented or restricted from participating in a Quest or complying with these Terms of Use and the terms and conditions of the specific Quest by obligations to your employer such as, but not limited to, bans on third party research and development participation, obligations regarding intellectual property and acceptance of prizes or any other form of remuneration. We are entitled to request from you a written letter from your employer, where the employer either confirms that no such obligations exist or fully waives all its rights to intellectual property and other materials created by you in connection with activities as part of the participation in a Quest. Application for Participation
To apply for participation in a Quest you must fill-out a registration form and indicate you agree to the terms and conditions of a specific Quest. You will need to provide certain information about yourself and documentation to apply. Applications to Quests are limited and we have the right to freely select participants and limit the number of applicants at any time in our sole discretion. Open Collaboration and Team Work
We encourage open, honest intellectual debates and research collaborations among the selected applicants to research and develop solutions for a specific Quest. Mindfire expects from you team-work and joint efforts.
Solutions and any other materials submitted by you or any of the co-participants in connection with a Quest will be referred to herein as submission ("Submission"). Submissions must include source code, project entry information, participant information, demonstration videos, documentation and other information as requested by us. Instructions will be provided on how the solution must be pro-vided. Submissions are subject to a code, quality, and intellectual property review by us and the Quest sponsor. Submissions must be made within the time-frame (if any) set out in the specific Quest terms and conditions.
Your contribution to the Submission must: (i) adhere to the terms and conditions of the Quest and these Terms of Use; (ii) not breach the terms and conditions of any embedded software or services used as part of your contribution to the Submission, including the Quest sponsor's APIs and OSS license terms, which you accept separately from the Quest terms and conditions and these Terms of Use when you choose to use those APIs; (iii) not contain any malicious code or backdoors; (iv) not contain, depict or refer to any crude, vulgar, obscene, sexually explicit, disparaging, discriminatory, offensive, illegal or otherwise unsuitable language, activity or other content (all as determined by us in our sole discretion); (v) not contain, depict or refer to any content which disparages or refers negatively to us or the Quest sponsor, the Quest itself, or any other person or entity (all as determined by us in our sole discretion); and (vi) not contain any content that violates any law or any third party's rights (including privacy, personality and intellectual property rights).
All code developed as part of a Quest must be fresh, meaning that the portion that is included in the main source code repository has been developed explicitly for the Quest.
We will not accept a Submission if we have reason to believe, in our sole discretion, that the Sub-mission (i) contains any element that is malicious, corrupt, damaged, incomplete, inappropriate, or offensive; (ii) violates the terms of use of any application or platform used in connection with your Submission; (ii) infringes any third party intellectual property rights or applicable license terms; (iv) violates any applicable law or (v) violates or does not comply with any section the Terms of Use or the terms and conditions of the specific Quest. Quest Materials
Your use of any materials made available to you in connection with a Quest will be governed by these Terms of Use and the terms and conditions of the Quest. Subject to and conditioned upon your compliance with these Terms of Use and the terms and conditions of the Quest, we and the Quest sponsor hereby grant to you a personal, limited, revocable, non-exclusive, non-transferable, nonsublicensable, royalty-free license solely during the Quest and solely in connection with and for the express purposes of the Quest to develop a solution to the Quest incorporating or using the Quest materials in connection with the foregoing activities.
You warrant and agree that: (i) you will use the Quest materials only for purposes permitted by and in accordance with these Terms of Use and the terms and conditions of the Quest as well as applicable law and regulation and not for any commercial use; and (ii) you are responsible for: (a) any data, content, or resources that you, transmit, or display through a Submission; and (b) any breach by you of any of your obligations under these Terms of Use and the terms and conditions of the Quest, any applicable third party license, or any applicable law or regulation, and for the consequences of such breach. You further warrant that the Submission does not infringe, either directly or indirectly, any intellectual property rights of any third party. Any use of the Quest materials shall include attribution as set out in the Quest materials as the source thereof and additionally shall contain all copyright and other proprietary notice or legend found on the original. Prizes
All prize details will be determined by us and the Quest sponsor (Questmaster) in our and the Quest sponsor's sole discretion. We reserve the right to substitute a similar prize (or prize element) of com-parable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance or use of any prize or both are the sole responsibility of you. Prizes cannot be transferred or substituted. If a prize is not claimed within a reasonable time after notification from us, as determined by us in our sole discretion, it will be forfeited.
Short version: You own the content you created independently (outside) of the Platform, but if you share such content on the Platform, you allow us certain rights to it, so that we can display and share the content you post and exploit the intellectual property rights created directly or indirectly by the use of the Platform. You still have control over Your Content, and responsibility for it, and the rights you grant us are limited to those as set out in these Terms of Use. We have the right to remove content or close Accounts if we need to. We own the content that you create as part of your activities on the Platform. Responsibility for Your Content and User-Generated Content
You may create User-Generated Content or upload User-Generated Content and Your Content while using the Platform or in connection with the Platform. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content or Your Content that you post, upload, link to or otherwise make available via the Platform, regardless of the form of that Content. We are not responsible for any public display or misuse of Your Content. Mindfire May Remove Content
We do not prescreen User-Generated Content or Your Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content or Your Content that, in our sole discretion, violates any Mindfire terms, policies or applicable laws.
You retain ownership of Your Content and responsibility of Your Content and User-Generated Con-tent created by you. If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post in compliance with these Terms of Use; and that you will fully comply with any third-party licenses relating to Content you post or otherwise share with other users in connection with the Platform.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Platform users — certain legal permissions, listed in sections 7.4 - 7.6. These license grants apply to Your Content. If you upload Content that already comes with a license granting Mindfire the permissions we need as set out in these Terms of Use, no additional license is required. You under-stand that you will not receive any payment for any of the rights granted in sections 7.4 - 7.6.
We own all right, title, and interest in and to the User-Generated Content. You hereby irrevocably and unconditionally transfer and assign any and all of your title in and to the User-Generated Content worldwide and upon first request by us execute and deliver all documents necessary to effect such transfer. If a transfer and assignment are not possible according to applicable law, you grant us the rights in section 7.4.
We may freely and irrevocably use and dispose User-Generated Content. Our rights comprise all current and future purposes of use, including application for and prosecution of intellectual property rights, use, exploitation, production of copies, offering, transfer, distribution, dissemination, making available, publication, disposal, alteration and creation of derivative works. The costs of the assignment and transfer of title will be borne by us.
It is conceivable that User-Generated Content created by you may accrue to third parties (such as your employer or your education institution, or the like e.g. employed professional researcher) by rule of law or as per a pre-existing employment contract, applicable regulations of an institution, and the like, unless you and the third-party expressly agree otherwise. You shall ensure that this is not the case before participating on the Platform. We are entitled to request you to provide a written waiver on the part of such third parties with regard to User-Generated Content created by you in connection with activities as part of the participation on the Platform. We have the right to remove User-Generated Content created by you or close your Account. License Grant to Us
We need the legal right to do things like host Your Content, publish it, share it and use it to exploit the intellectual property registrations together with the User-Generated Content.
You hereby grant us an unlimited, non-exclusive, sublicensable, transferable, perpetual, irrevocable and fully paid up right to use Your Content in connection with the Platform and Submissions and register as well as exploit intellectual property rights included in User-Generated Content that contains Your Content, and make incidental copies as necessary. You shall not grant any third parties any rights that might affect this right of us. In particular, you shall only transfer, assign or license Your Content to third parties if this right of Mindfire is adequately safeguarded.
If the proper execution of your obligations under these Terms of Use require any third party consents, third party licenses or third party assignments (e.g. from your employer or your educational institution, or the like), you shall ensure that you comply with your obligations under these Terms of Use and that we are able to execute our rights under these Terms of Use at no additional cost. License Grant to Other Users
Any Your Content you post may be viewed by others. You agree to allow others to view such content. You grant each user of the Platform a nonexclusive, worldwide license to use and display Your Con-tent you post through the Platform and to reproduce such content as permitted through the Platform's functionality. If you are uploading Your Content you did not create or own, you are responsible for ensuring that such content you upload is licensed under terms that grant these permissions to other users. Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to the Platform, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in section 6.
To the extent these Terms of Use are not enforceable by applicable law, you grant us the rights we need to use Your Content and User-Generated Content created by you without attribution and to make reasonable adaptations of Your Content and User-Generated Content created by you as necessary to benefit from our rights set out in these Terms of Use.
If you believe that Content available via the Platform violates your copyright, please contact us. If you are a copyright owner and you believe that content on the Platform violates your rights, please contact us via www.mindfire.global. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
Short version: We own the Platform and all of the User-Generated Content. In order for you to use the Platform, we give you certain rights to it, but you may only use the Platform in the way we have allowed.
Mindfire and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Platform. We reserve all rights that are not expressly granted to you under these Terms of Use or by law.
Short version: Your Feedback helps us to improve the Platform. Therefore, we need from you certain rights.
If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. You hereby assign to us, all right, title, and interest in, and agree to pro-vide us any assistance we require to document, perfect, and maintain our rights. We are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
You are not allowed to use the Platform for advertising, except expressly permitted by us.
All Content must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any Content that, in our sole discretion, violate any Mindfire terms or policies.
The Platform is provided by Mindfire free of charge.
Participation in the Platform is voluntary and you will only receive a monetary compensation from us if specifically agreed. The Platform may include smart technologies that record contributions by the users of the Platform. Mindfire may make credits for contributions by users visible on the Platform.
Short version: You may close your Account at any time. If you do, we'll treat your information responsibly. Account Cancellation
It is your responsibility to properly cancel your Account with Mindfire. You can cancel your Account at any time by sending a request via www.mindfire.global. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements. We will not delete Content that you have contributed to the Platform or that other users have forked.
Mindfire has the right to suspend or terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. Mindfire reserves the right to refuse access to and use of the Platform to anyone for any reason at any time.
All provisions of these Terms of Use which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Short version: We use email and other electronic means to stay in touch with our users. Electronic Communication Required
For contractual purposes, you (i) consent to receive communications from us in an electronic form via the email address you have submitted or via the Platform; and (ii) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights. Legal Notice to Mindfire must be in Writing
Communications made through email or Mindfire support's messaging system will not constitute legal notice to Mindfire or any of its officers, employees, agents or representatives in any situation where notice to Mindfire is required by contract or any law or regulation. Legal notice to Mindfire must be in writing and served on Mindfire's legal agent.
Short version: We provide the Platform as is, and we make no promises or guarantees about the Platform. Please read this section carefully; you should understand what to expect.
Mindfire provides the Platform "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Platform including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Mindfire does not warrant that the Platform will meet your requirements; that the Platform will be uninterrupted, timely, secure, or error-free; that the information provided through the Platform is ac-curate, reliable or correct; that any defects or errors will be corrected; that the Platform will be avail-able at any particular time or location; or that the Platform is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Platform.
Short version: You are responsible for your use of the Platform. If you harm someone else or get into a dispute with someone else, we will not be involved.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Mind-fire, its affiliates and Mindfire's as well as the affiliates’ respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the "Mindfire Parties") from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your use of the Platform, (ii) your responsibilities or obligations under these Terms of Use, (iii) your violation of these Terms of Use, or (iv) your violation of any rights of any other person or entity, (v) any dispute between you and any other person, and (vi) any regulatory enforcement actions, which were initiated by your actions or omissions.
Short version: We will not be liable for damages or losses arising from your use or inability to use the Platform or otherwise arising under these Terms of Use. Please read this section carefully; it limits our obligations to you.
To the fullest extent permitted by applicable law: (i) in no event will Mindfire or any of Mindfire Parties be liable for any direct, indirect, special, incidental, consequential, punitive, enhanced or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages) arising out of or in any way related to the use of the Platform or otherwise related to the Platform or these Terms of Use, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important - we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. We will notify our users of material changes to these Terms of Use, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our website where you access the Platform. For non-material modifications, your continued use of the Platform constitutes agreement to our revisions of these Terms of use.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part of it) with or without notice.
These Terms of Use shall be governed by substantive Swiss law, excluding Swiss conflicts of law rules. The United Nations Convention on the International Sale of Goods shall not apply. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the City of Zurich, Switzerland.
Mindfire may assign or delegate these Terms of Use and, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in section 6. You may not assign or delegate any rights or obligations under the Terms of Use without our prior written consent, and any unauthorized assignment and delegation by you is void.
If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Mindfire to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.
These Terms of Use, together with the documents referenced herein represent the complete and exclusive statement of the agreement between you and us. These Terms of Use supersedes any proposal or prior agreement oral or written, and any other communications between you and Mindfire relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
