Terms of Service

1. Acceptance of Terms

Welcome to Mindrasil.com ("Mindrasil," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, project catalog, configurator, checkout, subscription plans, and any related software or services (collectively, the "Service"). By accessing, registering for, or using the Service, you ("Customer" or "you") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity. If you do not agree to all of these Terms, you may not access or use the Service.

2. Description of Service

Mindrasil provides an online platform where Customers can browse a catalog of custom software development services, configure a project to their requirements, and receive an instant price estimate. Customers may begin a project by paying an initial deposit at checkout, with the remaining balance billed according to the milestones defined in the project roadmap. Mindrasil also offers ongoing development subscription plans that provide a set amount of dedicated development capacity each month, as well as ready-built products available for purchase.

3. Account Registration and Security

You must register for an account to use the core features of the Service. Your account authentication is handled through AWS Cognito. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach of your account.

4. Use of the Service

You agree not to, and will not permit others to:

• Use the Service for any illegal, harmful, or abusive activity.
• Provide false, misleading, or fraudulent information when configuring a project or making a payment.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by applicable law.
• Use the Service to create a product or service that competes with Mindrasil.
• Bypass or circumvent any security features or usage restrictions of the Service.
• Use the Service in a way that could damage, disable, overburden, or impair the functionality of our systems.
• Attempt to circumvent or automate our fraud- and abuse-prevention protections, including Google reCAPTCHA (see Section 9).

5. Project Materials and Intellectual Property

a. Your Project Materials

You retain all right, title, and interest in and to the briefs, requirements, data, and content you provide to us to plan and build your project ("Project Materials"). You grant Mindrasil a limited license to use, process, and store your Project Materials solely for the purpose of scoping, developing, and delivering the project you have purchased.

b. Project Deliverables

Once you have paid in full for a project, ownership of the specific deliverables built for you (such as source code developed exclusively for your project) transfers to you, except for any pre-existing tools, libraries, frameworks, or components owned by Mindrasil or third parties and incorporated into the deliverables, which remain licensed rather than transferred.

c. Our Intellectual Property

Mindrasil and its licensors own all right, title, and interest in and to the Service, website, catalog, internal tooling, and all related software and technology, including all modifications, improvements, and derivatives thereof that are not part of a specific project's deliverables.

6. Pricing, Deposits, and Payment

Prices shown in the catalog and at checkout are estimates based on the configuration you select and may be adjusted if the scope of your project changes. To start a project, you pay an initial deposit through our payment processor, PayPal; the remaining balance is billed in stages as project milestones are completed and approved. We may add additional payment processors in the future; if we do, we'll update these Terms before that happens. All fees are non-refundable once a project has started, except as required by law or as otherwise agreed in writing. We reserve the right to change our catalog pricing at any time, with such changes applying only to projects configured after the change takes effect.

7. Subscription Plans

If you subscribe to a recurring development plan, you authorize us to charge your chosen payment method on a recurring basis for the amount and frequency disclosed at the time of subscription. You may pause or cancel your subscription at any time through your account or by contacting us; pausing preserves unused days for later use, while cancelling stops renewal at the end of the then-current billing period. We do not provide refunds for partial billing periods except as required by law.

8. Data Privacy and Security

Our collection and use of personal data in connection with the Service is governed by our Privacy Policy. You agree to comply with all applicable data protection laws in your use of the Service.

9. Google reCAPTCHA

Our Service uses Google reCAPTCHA to protect against spam, abuse, and automated attacks, including at login, registration, the contact form, and newsletter signup. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. By using our Service, you acknowledge and agree that your use of reCAPTCHA is subject to Google's Privacy Policy and Terms of Service.

10. Termination

You may terminate your account at any time. We may suspend or terminate your access to the Service immediately, without prior notice, for any breach of these Terms. Upon termination, your right to use the Service ceases immediately, and any in-progress project will be handled in accordance with the payment already received, unless otherwise agreed in writing.

11. Disclaimers and Limitation of Liability

a. "As Is" Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

b. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDRASIL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID TO MINDRASIL IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mindrasil and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses arising out of or in connection with: (a) your use of the Service; (b) your Project Materials; or (c) your violation of these Terms.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the new Terms on our website and/or notifying you via email. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them.

14. Governing Law and Dispute Resolution

Mindrasil is currently in the process of formal legal incorporation. Until that process is complete, we will seek to resolve any dispute in good faith and directly with you before pursuing formal legal action. This section will be updated to reflect the governing jurisdiction and applicable law once Mindrasil's legal entity is established.

15. Contact Information

If you have any questions about these Terms, please contact us at: info@mindrasil.com