Last Updated: [09-01-2024]

1. Introduction

Welcome to Mindsburg. These Terms and Conditions outline the rules and regulations for the use of Mindsburg’s Website and services. By accessing this website and using our services, we assume you accept these terms and conditions in full. Do not continue to use Mindsburg’s website or services if you do not accept all of the terms and conditions stated on this page.

2. Interpretation and Definitions

2.1 Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2.2 Definitions

For the purposes of these Terms and Conditions:

 

• • “Account” means a unique account created for You to access our Service or parts of our Service.

• • “Affiliate” refers to an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

• • “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Mindsburg, 5830 E 2nd St, Ste 7000 #10545 Casper, Wyoming 82609.

• • “Cookies” are small files that are placed on Your computer, mobile device, or any other device by a website, containing details of Your browsing history on that website among its many uses.

• • “Country” refers to: the United States.

• • “Device” means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

• • “Personal Data” is any information that relates to an identified or identifiable individual.

• • “Service” refers to the Website.

• • “Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• • “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• • “Third-party Social Media Service” refers to any website or any social network website through which a User can log in or create an account to use the Service.

• • “Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• • “Website” refers to Mindsburg, accessible from www.mindsburg.com.

• • “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
    
    

3. Acknowledgment

By accessing or using the Service, You agree to be bound by these Terms and Conditions and accept all legal consequences. If You do not agree to these terms and conditions, You are not authorized to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

4. Client Responsibilities

When engaging with Mindsburg’s services, clients are expected to adhere to certain responsibilities to ensure a successful partnership:

 

• • Provision of Accurate Information: Clients are required to furnish accurate and pertinent information essential to the services provided by Mindsburg. The timely provision of this information is crucial for ensuring the effectiveness and accuracy of our services.

• • Effective Communication: Timely and clear communication is fundamental in our collaborative process. This ensures seamless coordination between Mindsburg’s team and the client, enabling us to address requirements promptly and efficiently.

• • Cooperation and Timeliness: Clients are expected to cooperate according to the established timelines and milestones. This cooperation is essential for maintaining workflow efficiency and achieving the desired outcomes of the project.

• • Resource Accessibility: Clients should provide access to necessary resources as required for the smooth execution of services. Mindsburg relies on the availability of these resources to deliver optimal outcomes.

Failure to meet these responsibilities may impact the service delivery timeline and the quality of the outcomes. Mindsburg values this collaborative effort, recognizing its crucial role in achieving successful results.

5. Service Engagement

Engaging Mindsburg’s services entails entering into a collaborative partnership:

 

• • Agreement on Terms: Prior to the commencement of services, Mindsburg and the client will mutually establish and agree upon timelines, milestones, and deliverables. This collaboration ensures a transparent framework, aligning our expectations and objectives from the beginning.

• • Framework for Success: By establishing clear guidelines and a mutual understanding of the project scope, we aim to optimize communication, foster efficient workflows, and achieve successful outcomes.

• • Commitment to Collaboration: This mutual agreement forms the foundation of a productive and harmonious working relationship, with both parties committed to the shared goal of successful service execution.
    
    

6. Severability

If any term, condition, or provision of these Terms and Conditions is held to be invalid, void, or for any reason unenforceable by a court of competent jurisdiction, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. In the event a court finds that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Mindsburg and the user hereby agree to amend the affected provision to reflect as closely as possible our original intent.

7. Intellectual Property

Ownership of Intellectual Property: All intellectual property rights on the Mindsburg website, its services, and all materials therein or transferred thereby, including, but not limited to, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, and all other types of intellectual property, are owned by Mindsburg (or by third parties who have granted Mindsburg permission to use their intellectual property). The presence of any third-party proprietary content on the Mindsburg website does not constitute an endorsement by Mindsburg or its affiliates of such third-party content. The use of the Mindsburg website and services does not grant you any ownership rights to the intellectual property therein.

Use of Mindsburg Content: Except as expressly authorized by Mindsburg, you may not use, alter, copy, distribute, transmit, or derive another work from any content obtained from Mindsburg or the Mindsburg website, except as expressly permitted by the Terms and Conditions. Any unauthorized use of Mindsburg’s intellectual property on any other website or environment is strictly prohibited.

Intellectual Property Created During Service Delivery: Mindsburg retains all rights, titles, and interests in and to any intellectual property, products, works, or other creations developed as part of the services provided to clients. Unless otherwise agreed in a written contract, any content, processes, methodologies, products, or services developed by Mindsburg during the course of service delivery will remain the exclusive property of Mindsburg.

8. Confidentiality

Mindsburg acknowledges the importance of protecting the confidential and proprietary information of our clients. Throughout the duration of any service agreement and thereafter, Mindsburg agrees to:

 

• • Keep confidential all information that is received from the client that is not in the public domain, using at least the same degree of care that it uses to maintain the confidentiality of its own confidential information.

• • Use such confidential information solely for the purpose of performing the services under the agreement.

• • Disclose such confidential information only to its employees, agents, or subcontractors who need to know such information for the purpose of performing the services and who are under a duty of confidentiality no less restrictive than Mindsburg’s duty hereunder.

The obligations of confidentiality will not apply to information that:

 

• • Was known to Mindsburg prior to its disclosure by the client without any obligation of confidentiality;

• • Is or becomes publicly known through no wrongful act of Mindsburg;

• • Is received from a third party without similar confidentiality restrictions and without breach of this Agreement.
    
    

9. Payment Terms

In consideration for the provision of the services by Mindsburg, the client is obligated to pay Mindsburg fees in accordance with the following payment terms:

 

• • All fees are due and payable upon receipt of the invoice unless otherwise specified in a separate agreement.

• • Payment shall be made in the currency specified in the invoice and shall be inclusive of all taxes, withholdings, duties, or levies.

• • If any invoice is not paid by the due date, Mindsburg reserves the right to:

• • Charge interest on the overdue amount at the rate of [specific interest rate] per annum or the maximum rate permitted by law, whichever is lower, from the due date until the date of payment.

• • Suspend the services until payment is made in full.

• • All payments to Mindsburg are non-refundable except as otherwise provided in the agreement or as required by applicable law.
    
    

10. Limitation of Liability

Mindsburg’s liability to the client in contract, tort (including negligence), or otherwise in relation to the services shall be limited as follows:

 

• • Mindsburg shall not be liable for any loss of profit, loss of business, loss of revenue, or loss of anticipated savings or for any indirect, incidental, special, consequential, or punitive damages, or any other losses that were not reasonably foreseeable to both parties at the time of the commencement of the services.

• • In any event, the total aggregate liability of Mindsburg under these Terms and Conditions, including but not limited to liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence), and breach of statutory duty shall not exceed the total amount paid by the client to Mindsburg for the services that are the subject of the claim in the six-month period preceding the date on which the claim arose.

Nothing in these Terms and Conditions shall exclude or limit Mindsburg’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.

11. Termination

 

• • Right to Terminate: Either Mindsburg or the client may terminate the agreement at any time if the other party breaches any material term or condition of these Terms and Conditions and fails to cure such breach within a specified period after receiving written notice of the breach.

• • Consequences of Termination: Upon termination, all rights and obligations under these Terms and Conditions, including access to the services provided by Mindsburg, will immediately cease, except that any obligations that have accrued prior to termination and any obligations that are intended to survive termination shall remain in effect.

• • Survival: The rights and duties under the sections concerning Intellectual Property, Confidentiality, Payment Terms, Limitation of Liability, and Governing Law will survive the termination or expiration of these Terms and Conditions.
    
    

12. Governing Law

 

• • These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where Mindsburg is headquartered, without regard to its conflict of law principles.

• • Jurisdiction: You agree to submit to the personal jurisdiction of the state and federal courts located in Wyoming, and any legal action or proceeding relating to these Terms and Conditions will be brought exclusively in such courts.
    
    

13. Amendments

 

• • Mindsburg reserves the right to amend or modify these Terms and Conditions at any time. All amendments will be posted on Mindsburg’s website and will take effect immediately upon their posting.

• • Notification: Where feasible, Mindsburg will provide advance notice of any major changes. Continued use of the services after any amendments indicates your consent to the changes.

• • Feedback and Comments: Mindsburg welcomes feedback from users regarding the amendments. However, any comments or suggestions will not be considered confidential or proprietary, and Mindsburg will be free to use them on an unrestricted basis.

We thank you for choosing Mindsburg. By accessing and using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. These Terms constitute a legal agreement between you and Mindsburg and apply to all users of our services. If you have any questions or concerns regarding these Terms, please contact us as we would be happy to clarify. Our aim is to provide the highest quality service while maintaining a trusted environment for all our clients. We look forward to a fruitful and enduring relationship.