Mindfindr Terms of Use

Mindfindr Oy ("Mindfindr") makes this website ("Site"), including all information, documents, communications, files, text, graphics and software available through the Site (collectively, the "Materials") and all services operated by Mindfindr and third parties through the Site (the "Services"), available for use subject to the following terms and conditions as amended from time to time by Mindfindr ("Terms of Use").

By accessing the Site, using the Services, downloading any Materials, or browsing the Site, you agree to be bound by these Terms of Use, without limitation or qualification.

Mindfindr reserves the right to change these Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion and will endeavor to provide notice of material changes on the home page of the Site. By continuing the use of the Site, or any Materials or Services accessible through it, constitutes your acceptance of these changes. If you do not comply with these Terms of Use, your authorisation to use this Site will immediately end and any Materials that you may have downloaded or printed from the Site including copies and derivative works must be immediately destroyed or returned to Mindfindr.

1. Intellectual property

The Materials and Services on the Site, as well as their selection and arrangement, are either owned or duly licensed by Mindfindr and protected by copyright, trademark, patent, and/or other intellectual property laws. Any unauthorised use of such Materials or Services may constitute a violation of such laws and these Terms of Use. Mindfindr grants a limited non-exclusive right for its clients ("Clients") and users appointed by Clients ("Users") to use the Materials and/or Services as expressly stated in these Terms of Use and as separately agreed between the Client and Mindfindr, as the case may be. Clients shall have full responsibility for the use of their Mindfindr-account.

Unless otherwise agreed in writing and except as expressly authorized in these Terms of Use or stated on the Site you are not allowed to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sub-license, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement.

In the event of contradiction between these Terms of Use and any other agreements, statements or notices within the body of the Site these Terms of Use shall prevail.

2. User conduct

By using the Site, Services and/or Materials available on the Site, you hereby warrant and agree that in your capacity as a Client or User you:

  • shall not disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
  • shall not upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
  • shall not provide any false personal information;
  • shall not use or attempt to use another User’s account, password, service, or system without express authorisation from Mindfindr;
  • shall not intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; and
  • indemnify Mindfindr in respect of any and all claims brought by a third party against Mindfindr arising out of or in connection with a breach of any of the foregoing.

3. Administration and user content

Mindfindr reserves the right in its sole discretion to, monitor and review any areas of the Site including content transmitted or posted by Users and the substance of any user content. Mindfindr reserves the right, in its sole discretion, to delete, remove or amend user content from the Site and to restrict, suspend, or terminate or limit the access to this Site, at any time without cause, prior notice or liability.

Mindfindr accepts no liability relating to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Clients and/or Users shall have full responsibility over any user content transmitted or posted by them or with their consent and to keep Mindfindr fully indemnified in this regard at all times.

4. User registration

Where use of the Site or certain Services of the Site require registration, the Client and/or User is required to provide registration information (the "Registration Data"). In registering to use the Site you agree to provide accurate, complete and up to date information about yourself as required by the Site’s registration form, and maintain and update your Registration Data to ensure that it is accurate, complete and up to date at all times.

In your capacity as Client or User you represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. You are responsible for maintaining the confidentiality of your account and for all activities carried out using your account information at all times. Mindfindr shall be immediately informed of any unauthorised activity using your account information or if you suspect that the confidentiality of your account information has been compromised.

Mindfindr reserves the right, in its sole and undisputed discretion and with immediate effect, to terminate or suspend your use of the Site, terminate or suspend your account, remove or edit content and refuse any current or future use of the Services if it believes in good faith that you have knowingly failed to comply with the above user registration Terms of Use.

5. Privacy Policy

Registration Data and certain other information that provided to Mindfindr are subject to Mindfindr Privacy Policy.

6. Disclaimer of Warranties

By using this Site and/or its Services, you accept these Terms of Use and expressly understand and agree that:

  • the Site and the Services contained on it are provided on an "as is" and "as available" basis and that any and all use of the Site and/or Services is entirely at your own risk;
  • Mindfindr disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
  • Mindfindr gives no warranties regarding the accuracy, reliability, quality or availability of any products, Materials or Services made available on the Site;
  • Mindfindr accepts no liability over any damage to your computer or loss of data that results from use of the Site and/or Services, or from downloading of any material;
  • no advice or information obtained from the Site and/or its Services, whether written or oral, shall give rise to any warranty or representation unless expressly stated therein; and
  • the Site may contain third party content and the links on the Site may lead to services or sites not operated by Mindfindr. No representation or warranty is made by Mindfindr with respect to the quality or otherwise of such other services or sites. A link to another site or service shall not be construed as an endorsement of that site or service by Mindfindr.

Further, Mindfindr gives no warranty or representation that:

  • the Services will meet your requirements;
  • the Services will be uninterrupted, timely, secure or error-free;
  • any results obtained from use of the Services will be accurate or reliable;
  • the quality of any products, Services, or Materials purchased or obtained by you through the Services will meet your expectations; and
  • any errors in the software will be corrected.

Mindfindr reserves full rights to limit availability and alter technical requirements for the use of the Site, Services and/or Materials available.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Mindfindr is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage whether or not advised of the possibility of such damages, howsoever caused, whether in contract, including but not limited to fundamental breach, tort, including but not limited to negligence, or otherwise, arising out of, or related to:

  • the use or inability to use the Services;
  • the cost of procurement of substitute goods and Services purchased or obtained or messages received or transactions entered into through use of the Services;
  • unauthorised access to or alteration of your transmissions or data by third parties;
  • statements or conduct of any third party providing the Services or accessing the Site; and
  • any other matter relating to the Services, including content you may download, use, modify or distribute from the Site.

You have the sole responsibility for maintaining adequate protection and backup of data and/or equipment used in connection with the Site and will not be entitled to a claim against Mindfindr for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of content.

8. Force majeure

Mindfindr will not be responsible for any delay or failure to comply with its obligations under these Terms of Use where such delay or failure arises from any cause beyond its reasonable control

9. Waiver

The failure to exercise or delay in exercising a right or remedy provided by these Terms of Use or by law does not constitute a waiver of the rights or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms of Use or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.

10. Severability

If any provision of these Terms of Use is determined to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms of Use or in any way affect the validity or enforceability of the remaining provisions of these Terms of Use.

11. Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of Finland. Any dispute arising out of or in connection with these Terms of Use shall belong to the non-exclusive jurisdiction of the district court of Helsinki (in Finnish Helsingin käräjäoikeus).