Customer Terms
1. Introduction
1.1. These Customer Terms ("Terms") govern your access to and use of the services provided by Mindhive Pty Ltd ("Mindhive," "we," "our," or "us"), including our website, applications, and any related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.
1.2. Additional policies, including our Privacy Policy, Cookies Policy, and AI Guidelines, are incorporated by reference and form part of these Terms.
2. Account and Access
2.1. To use our Services, you must create an account ("Account") and provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities conducted through your Account.
2.2. You must be at least 18 years old to create an Account and use the Services. By using our Services, you represent and warrant that you have the necessary rights and capacity to enter into these Terms.
3. User Content
3.1. You retain all rights to any text, images, or other content you submit, post, or share through the Services ("User Content"). By submitting User Content, you grant Mindhive a non-exclusive, royalty-free, worldwide license to use, display, modify, and distribute your User Content in connection with the Services.
3.2. You agree not to submit any User Content that is illegal, infringing, defamatory, or otherwise objectionable. Mindhive reserves the right to remove or modify any User Content that violates these Terms or our policies.
4. Intellectual Property
4.1. The Services, including all content, features, and functionality, are owned by Mindhive or its licensors and are protected by copyright, trademark, and other intellectual property laws.
4.2. You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for your personal, non-commercial use, subject to these Terms.
5. Privacy and Cookies
5.1. Your privacy is important to us. Our Privacy Policy and Cookies Policy explain how we collect, use, and protect your personal information and how we use cookies and similar technologies on our website and applications.
6. AI Guidelines
6.1. Mindhive is committed to ethical AI development and use. We adhere to the AI Guidelines, which can be found at the following link: https://github.com/EthicalML/awesome-artificial-intelligence-guidelines
7. Termination
7.1. Mindhive reserves the right to terminate or suspend your access to the Services, without notice or liability, if you breach these Terms or engage in conduct that we deem harmful to our users or the Services.
8. Disclaimer and Limitation of Liability
8.1. The Services are provided "as is" and "as available," without warranties of any kind, either express or implied. Mindhive disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
8.2. To the maximum extent permitted by law, in no event will Mindhive or its affiliates, licensors, or service providers be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to these Terms or your use of the Services.
9. Governing Law and Dispute Resolution
9.1. These Terms are governed by the laws of the jurisdiction in which Mindhive is located.
10. Amendments
10.1. Mindhive reserves the right to modify or update these Terms at any time, without prior notice. Your continued access to or use of the Services after any such changes constitutes acceptance of the revised Terms. We encourage you to periodically review these Terms to stay informed of any updates.
11. Third-Party Services
11.1. Our Services may integrate or contain links to third-party websites, applications, or services. These third-party services are not under our control, and we are not responsible for their content, privacy practices, or any other policies. You acknowledge and agree that your use of any third-party services is at your own risk.
12. Indemnification
12.1. You agree to indemnify, defend, and hold harmless Mindhive and its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, or expenses, including reasonable attorneys' fees, arising from or related to your use of the Services, your violation of these Terms, or your infringement of any rights of third parties.
13. Severability
13.1. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
14. Waiver
14.1. Any failure by Mindhive to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
15. Assignment
15.1. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Mindhive may assign or transfer its rights and obligations under these Terms without restriction.
16. Force Majeure
16.1. Mindhive shall not be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to, acts of God, natural disasters, pandemics, labor disputes, government actions, or interruptions in telecommunications, transportation, or utilities.
17. Entire Agreement
17.1. These Terms, together with any additional policies referenced herein, constitute the entire agreement between you and Mindhive regarding your use of the Services and supersede all prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.
18. Contact Information
18.1. If you have any questions or concerns about these Terms or the Services, please contact us using the contact information provided on our website.
Last updated: 1 May 2023