Terms and conditions
Welcome to Mintfly! These terms and conditions govern your use of our website, and any services or products we offer. By accessing or using any of our platforms, you agree to be bound by these terms and conditions. If you do not agree with any of these terms, you may not use our platforms.
The Service is owned and operated by Arch Consulting Ltd. (“Arch”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Arch’s Privacy Policy and procedures that may be published from time to time on this Site by Arch (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Arch, acceptance is expressly limited to these terms.
1. Introduction
1.1. Mintfly is a platform that offers a range of services and products to its users. These terms and conditions outline the rules and regulations for the use of our platform. By accessing and using our platform, you accept and agree to be bound by these terms and conditions.
2. Account Creation
2.1. In order to access some features of our platform, you may need to create an account. You agree to provide accurate and complete information when creating your account, and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials, and for all activities that occur under your account.
2.2. Mintfly reserves the right to suspend or terminate your account at any time if we believe that you have violated these terms and conditions or any applicable laws.
2.3. You must be at least 16 years old to create an account on our platform.
3. Use of the Platform
3.1. You agree to use our platform only for lawful purposes and in accordance with these terms and conditions. You may not use our platform for any illegal or unauthorized purpose.
3.2. You may not use our platform in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user's use of our platform. You may not attempt to gain unauthorized access to any portion of our platform, or to any other systems or networks connected to our platform.
3.3. You may not use our platform to harass, bully, intimidate, or threaten any other person or entity.
3.4. You may not use our platform to post, upload, or otherwise transmit any content that is unlawful, obscene, defamatory, or otherwise objectionable.
4. Intellectual Property
4.1. Mintfly owns all rights, title, and interest in and to our platform, including all intellectual property rights. You may not use any of our trademarks, service marks, logos, or other proprietary information without our prior written consent.
4.2. You may not use our platform or any content on our platform for any commercial purpose without our express written consent.
4.3. You may not copy, reproduce, modify, distribute, display, or otherwise exploit any content on our platform without our prior written consent.
5. User Content
5.1. Our platform allows you to post, upload, or otherwise submit content, including text, images, videos, and other materials.
5.2. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit your content to our platform.
5.3. You are solely responsible for the content that you post, upload, or otherwise submit to our platform.
5.4. Mintfly reserves the right to remove any content from our platform at any time, for any reason, without prior notice.
6. Disclaimer of Warranties
6.1. Our platform is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose,or non-infringement.
6.2. Mintfly does not warrant that our platform will be uninterrupted, error-free, or free from viruses or other harmful components.
6.3. Mintfly does not warrant or make any representations regarding the use, validity, accuracy, or reliability of the content on our platform or any sites linked to our platform.
7. Limitation of Liability
7.1. In no event shall Mintfly, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our platform, whether or not Mintfly has been advised of the possibility of such damages.
7.2. If you are dissatisfied with our platform, your sole remedy is to discontinue using our platform.
7.3. Mintfly's liability for any claim arising out of or in connection with these terms and conditions shall not exceed the amount paid by you, if any, for access to our platform.
8. Indemnification
8.1. You agree to indemnify, defend, and hold harmless Mintfly, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of our platform, your breach of these terms and conditions, or your violation of any law or the rights of any third party.
9. Electronic Communication
9.1. By using Mintfly's platform, you consent to receive electronic communications from Mintfly, including but not limited to notices, updates, and promotional materials. 18.2 You agree that any notices, agreements, disclosures, or other communications that Mintfly sends to you electronically will satisfy any legal communication requirements, including but not limited to the requirement that such communications be in writing.
10.Feedback
10.1. Mintfly welcomes feedback, comments, and suggestions for improving our platform. However, any feedback, comments, or suggestions you provide to Mintfly shall become the property of Mintfly, and Mintfly shall have the right to use, copy, modify, distribute, and disclose such feedback, comments, or suggestions for any purpose, without compensation to you.
11.Third-Party Services
11.1. Mintfly's platform may contain links to third-party services or websites that are not owned or controlled by Mintfly.
11.2. Mintfly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services or websites.
11.3. You acknowledge and agree that Mintfly 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 services or websites.
12.Compliance with Laws
12.1. You agree to comply with all applicable laws, regulations, and rules in connection with your use of Mintfly's platform.
12.2. You agree that you will not use Mintfly's platform for any purpose that is unlawful or prohibited by these terms and conditions.
13.Waiver and Severability
13.1. No waiver by Mintfly of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mintfly to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
13.2. If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these terms and conditions will continue in full force and effect.
14.Interpretation
14.1. These terms and conditions shall be interpreted in accordance with their plain meaning and not strictly for or against either party. 26.2 These terms and conditions shall not be interpreted or construed to create any third-party beneficiary rights.
15.Governing Law and Jurisdiction
15.1. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction in which Mintfly is registered or operates.
15.2. Each party irrevocably agrees that the courts of the jurisdiction in which Mintfly is registered or operates shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).
16.Assignment
16.1. Mintfly may assign or transfer its rights and obligations under these terms and conditions without your prior written consent.
16.2. You may not assign or transfer your rights or obligations under these terms and conditions without Mintfly's prior written consent.
17.Notices
17.1. Any notices or other communications permitted or required hereunder, including those regarding modifications to these terms and conditions, will be in writing and given by Mintfly via email (in each case to the address that you provide) or by posting on Mintfly's platform. 33.2 For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
18.Acknowledgement
18.1. By using Mintfly's platform, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by their terms and conditions. You further agree that these terms and conditions are the complete and exclusive statement of the agreement between you and Mintfly and supersede all proposals or prior agreements, oral or written, and any other communications between you and Mintfly relating to the subject matter of these terms and conditions.
19.Language
19.1. These terms and conditions were originally written in English. If these terms and conditions are translated into any other language and there is a discrepancy between the English text and the translated text, the English text will govern.
20.Service API Terms.
20.1. Customers may access their Service account data via an API (Application Program Interface). Service is available 24/7 but for we cannot guarantee continuous system availability. You expressly understand and agree that Arch shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Arch has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. Abuse or excessively frequent requests to Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Arch, in its sole discretion, will determine abuse or excessive usage of the API. Arch will make a reasonable attempt via email to warn the account owner prior to suspension. Arch reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
21.Payments, Refunds, Upgrading and Downgrading Terms.
21.1. All paid plans must enter a valid credit card or bank details. The Service is billed on a one time, monthly or yearly basis and is non-refundable. Customer will be able to access invoice receipts for every charge of credit card. There will be no refunds for partial use of service or upgrade/downgrade refunds. In order to treat everyone equally, no exceptions will be made. Abuse or excessively frequent requests to Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Arch, in its sole discretion, will determine abuse or excessive usage of the API. Arch will make a reasonable attempt via email to warn the account owner prior to suspension. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Arch does not accept any liability for such loss.
22.Subscriptions.
22.1. Subscriptions plans will be automatically renewed. You can cancel your subscription anytime on your Account information page.
23.Modifications to the Service and Prices.
23.1. Arch reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Service. Arch shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
24.Force Majeure
24.1. Neither party shall be liable for any failure to perform its obligations under these terms and conditions if the failure arises from any cause which is beyond its reasonable control, including but not limited to, acts of God, pandemics, fires, floods, wars, civil disturbances, sabotage, accidents, labor disputes or shortages, governmental actions or restrictions, failure of suppliers, or any other cause beyond the control of such party.
24.2. These terms and conditions will continue to apply until terminated by either you or Mintfly as set out below.
24.3. If you want to terminate these terms and conditions, you may do so by ceasing to use Mintfly's platform.
24.4. Mintfly may at any time, terminate these terms and conditions with you if: (a) you have breached any provision of these terms and conditions; or (b) Mintfly is required to do so by law.
24.5. Mintfly reserves the right to modify or discontinue, temporarily or permanently, all or any part of Mintfly's platform with or without notice.
25.Changes to the Terms and Conditions
25.1. Mintfly reserves the right to modify these terms and conditions at any time without prior notice. Any changes to these terms and conditions will be effective immediately upon posting on Mintfly's platform. It is your responsibility to review these terms and conditions regularly to ensure that you are aware of any changes.
26.Entire Agreement
26.1. These terms and conditions, together with any documents expressly referred to in them, constitute the entire agreement between you and Mintfly with respect to the use of Mintfly's platform and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Mintfly.
27.Third Party Rights
27.1. These terms and conditions are not intended to and do not create any rights or remedies enforceable by any person other than you and Mintfly.
28.No Agency
28.1. Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
29.Electronic Signature
29.1. By using Mintfly's platform, you agree to electronically sign and to be legally bound by these terms and conditions.
30.Headings
30.1. The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
31.Contact Information
32.Survival
32.1. The following sections shall survive any termination or expiration of these terms and conditions: Sections 4 (Intellectual Property Rights), 7 (Limitation of Liability), 6(Disclaimer of Warranties), 8 (Indemnification), 10 (Feedback), 12 (Waiver and Severability ), 15 (Governing Law and Jurisdiction), 17 (Notices), 18 (Acknowledgement), 19 (Language), 24 (Force Majeure), 26 (Entire Agreement), 31 (Contact Information), and 32 (Survival).
33.Counterparts
33.1. These terms and conditions may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
34.Your Acceptance of These Terms and Conditions
34.1. By using Mintfly's platform, you signify your acceptance of these terms and conditions. If you do not agree to these terms and conditions, you may not use Mintfly's platform.
By using Mintfly's platform, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use Mintfly's platform.
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