Terms of Use

Last Updated: May 24, 2018

Welcome, and thank you for your interest in Mindomo, owned by Expert Software Applications srl (“Mindomo” or “We” or “Us”), which operates the website located at https://www.mindomo.com and related application programming interfaces (API’s), any associated mobile applications (“Mindomo Apps”) or products and services that Mindomo may provide now or in the future (collectively, the “Service” or “Mindomo Service”).

The following Terms of Use are a legal contract between you (“You”) and Mindomo regarding your use of the Service. Visitors and users of the Service are referred to individually as “User” and collectively as “Users”.

When using the Service, you will also be subject to Mindomo's Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the Mindomo Service, which may be posted from time to time (collectively, the “Guidelines”). These Terms of Use, including any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Service and is a legal contract between you and Mindomo. By registering for an account, or otherwise accessing or using the Mindomo Service, you acknowledge that you have read and agree to be bound by this Agreement.
Mindomo reserves the right to update, modify or revise this Agreement at any time. By agreeing now, you are bound by any future modification or revisions for as long as you continue to use the Service. Nothing in this Agreement confers any rights or benefits to any third party. Mindomo reserves the right to modify the Service without any liability to Mindomo.

If you are using the Service on behalf of an institution that has a separate written agreement with Mindomo, that agreement governs your use of the Service.

If you are a parent or legal guardian and you provide consent for your child to register with the Service, you agree to be bound by these Terms of Use in respect of such child’s use of the Service.

Eligibility and Accounts

In order to use certain features of the Service, you must register for an account (“Account” or “Service Account”). You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Mindomo, whether at registration or at any other time, will be true, accurate, current, and complete.

Each User is limited to one (1) Free Service Account and an unlimited number of Paid Service accounts (“Premium Account”).

The services provided by Mindomo are for persons with legal age. Consistent with the requirements of COPPA and GDPR, children under the age of 13 (United States), respectively 16 (European Union) are prohibited from creating an account for the Service without Consent from a Parent or Legal Guardian. By using the Service, you promise that, if requested during your use of the Service, you provided your real age and that you are (a) over the age of 13, respectively 16 (depending on your country of residence); or (b) your parent/legal guardian has confirmed your account and that any response sent to Mindomo in response to seeking your parent/legal guardian's consent comes from your parent/legal guardian; or (c) your teacher, school, or district has set up your student account or is otherwise allowing you to use the Service.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “You”, “Your” or “Member” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.

Privacy and Security

Your privacy and data protection are extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service. Here you will also find more details about the procedures by which a student, parent or legal guardian of a student may access, review or delete a student's personal information. Additionally, please read our Privacy Policy for more information on the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal information. By using our Service, you agree that Mindomo can use such data in accordance with our Privacy Policy. We won’t reduce your rights under the Privacy Policy without your explicit consent.

Your Information and Content

In the course of using the Service, you and other users may provide or post certain content or information (including, but not limited to, mind maps, concept maps, task mind maps, gantt charts, outlines, documents, photos, videos, comments, and feedback), which may be used by Mindomo in connection with the Service and which may be visible to certain other users (collectively, “User Submissions”).

You retain all ownership rights you have in any User Submissions. Mindomo does not claim any ownership rights in the User Submissions. Please note that, while you retain ownership of your User Submissions, any template or layout in which you arrange or organize such User Submissions through tools and features made available through any of our Services are not proprietary to you — rights to such templates or layouts will remain with us.

By making your User Submissions public in the Service’s public gallery (“Mind Map Examples“ section), You hereby grant to each User of the Website a non-exclusive license to access and use your User Submissions in any manner permitted or made available by Mindomo on or through the Service.

You are solely responsible for your User Submissions and the consequences of making them public. You represent and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Mindomo and Mindomo’s Users to use and distribute your public User Submissions as necessary to exercise the licenses granted by You in these Terms of Use and in the manner contemplated by Mindomo and these Terms; (2) your User Submissions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code.

You understand that when using the Service you will be exposed to User Submissions from a variety of sources, and that Mindomo is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mindomo with respect thereto. Mindomo does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Mindomo expressly disclaims any and all liability in connection with User Submissions.

Rights and Responsibilities

Users have the right to have full control over the personally identifiable and non-personally identifiable information Mindomo holds about them. Specific functionality will allow Users to download and see this information, while also being able to restrict the processing of this information in such a manner that it is no longer visible to the back office staff, or publicly. Users shall have the right to obtain from Mindomo the restriction of processing where one of the following applies: (1) Users believe the personal data collected is inaccurate and want Mindomo to verify its accuracy; (2) Users believe the processing is unlawful and oppose the erasure of the personal data and request the restriction of their use instead; (3) Users require the information for the establishment, exercise or defence of legal claims; (4) Users objected to processing pursuant to Article 21(1) from the General Data Protection Regulation pending the verification whether Mindomo’s legitimate grounds override Users’ legitimate grounds. Any user can make a request for restriction in writing by contacting us at support@mindomo.com, we will take one calendar month to respond to the request.

Users have the right to edit all the information they provided when setting up their Service Accounts. Any user may deliver notice of such updates by sending an email to support@mindomo.com or can personally edit the information from the 'Personal Information' section from the Service Account.

Users’ parents/legal guardians have the right to review and request that Mindomo deletes any personally identifiable information collected and retained about their children. If a parent/legal guardian would like to request that Mindomo deletes any personally identifiable information Mindomo may have about their child, or to request that Mindomo stops the further collection or use of the child's personal information, they should contact us at support@mindomo.com. If the child is using the website through a Teacher or School account, we may refer the parent/legal guardian’s request to the teacher or school admin.

Warranties and Disclaimers

Except as expressly provided otherwise in an agreement between you and Mindomo, all information and software in this Service are provided "as is" without any warranty or conditions of any kind, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.

Mindomo assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked in this Service.

In no event shall Mindomo be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from: (1) Reliance on the materials presented; (2) costs of replacement goods; (3) loss of use, data or profits; (4) delays or business interruptions; (5) and any theory of liability, arising out of or in connection with the use or performance of information, whether or not Mindomo has been advised of the possibility of such damages.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to you.

This Service could include technical or other inaccuracies, changes are periodically made to the information herein, however Mindomo makes no commitment to update materials on this site.

Acceptable Use and Conduct

We do our best to keep Mindomo a safe environment, but we cannot 100% guarantee it. We need your help to keep Mindomo safe, which includes the following commitments by you when using our Service:

  • You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.
  • You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
  • You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
  • You will not upload viruses or other malicious code, files or programs.
  • You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
  • You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations.
  • You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
  • You will not post or approve any User Submissions or use the Service in a manner that infringes, violates or misappropriates any third-party’s intellectual property rights or other proprietary rights, privacy rights or contractual rights.
  • You will not post or approve content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any users' content or information, or otherwise access the Service, - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved".
  • You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any content transmitted to or through the Service.
  • You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Mindomo.
  • You will not impersonate a Mindomo employee or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Submissions, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. Mindomo absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your user registration information, to law enforcement.
  • You will not facilitate or encourage any violations of this Agreement or our policies, including, without, limitation, to facilitate the unlawful distribution of copyrighted content.
  • You will not remove any copyright, trademark or other proprietary rights notices contained in or on the Service.
  • You will not reformat or frame any portion of the web pages that are part of the Service.
  • Any violation of the above may be grounds for termination of your right to access or use the Service.

Termination of Account

Users may terminate their Service Accounts with or without cause at any time. Users may deliver notice of termination by sending an email to support@mindomo.com, or they may delete their accounts by using the functionality provided by the Service. At this point, they will be notified that all their User Submissions and information connected to their accounts will be permanently deleted from the Service in seven (7) days.

Return and Refund Policy

Users may choose to terminate their Premium Service Accounts at any time. Mindomo will issue full refunds to all Users requesting for a refund within the next thirty (30) days from the purchase date. However, Mindomo does not issue refunds for unused subscription periods.
Once a refund is issued, the User's Premium Service Account is downgraded to a Free Service Account. All refund requests should be sent at support@mindomo.com.

Fees and Payments

Mindomo reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Mindomo requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your Premium Service Account before such charges are imposed. If you elect not to pay any fees charged by Mindomo, we have the right to cease providing the Service to you.

Links to Third Party Sites

Some links on Mindomo’s website will let you leave Mindomo’s site. The linked sites are not under Mindomo’s control and Mindomo is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Mindomo is not responsible for webcasting or any other form of transmission received from any linked site.
Mindomo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mindomo of the site.

Account Inactivity

Mindomo reserves the right to terminate a user’s account if the user fails to login into their Service Account for a period of twelve (12) months. If a Service Account has been deactivated for inactivity, any email address provided by Mindomo and associated with that account might be given to another user without notice to the user or such other party.

Choice of Law; Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of Romania, without giving effect to its conflict of laws provisions of your actual state or country of residence.
Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Timisoara, Romania, and you consent to the jurisdiction of such courts.

Member Account, Password and Security

If any of the Services requires you to open a Service Account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mindomo immediately of any unauthorized use of your account or any other breach of security. Mindomo will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Mindomo or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.
To help ensure the security of your password or account, please sign out from your account at the end of each session.

Transfer Of Information

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.

If Mindomo becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, the user’s personal information may be transferred to the purchaser. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about the user will be transferred to and used by this acquiring entity, provided the successor entity is subject to the same commitments for the previously collected user information. No personal information will be transferred in the event of a merger or sale unless the recipient has committed to our Privacy Policy. In such an event, Mindomo will always notify the user before the information is transferred.

Mindomo Brand

Any use of Mindomo's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”) must be in compliance with these Terms of Use and in compliance with Mindomo's then current Brand Feature use guidelines.

Mindomo, EXswap are trademarks of Expert Software Applications Srl, Romania.

Mind Maps® is a registered trademark of The Buzan Organisation, Ltd. in the UK and the USA.

Mindjet® and MindManager® are registered trademarks of Mindjet Corporation, USA.

All other trademarks are the property of their respective owners.

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