myMindNode – Terms Of Service

1. General Provisions

Thank you for using MindNode! These Terms of Service (hereinafter the "Terms") govern your (hereinafter the "User" or "you/your") access to and use of myMindNode (hereinafter the "Service"). Please read them carefully before using the Service. By registering to the Service you agree to be bound by these Terms.

The Service is provided by IdeasOnCanvas GmbH (hereinafter the "Service Provider" or "we").

The Service is an extension of the MindNode-Application (MindNode app), which you can download at MindNode.com. You need an active version of this application to access the Service.

The Terms do not cover purchase and use of the MindNode app other than when the app is used to access and use the Service.

2. Functions provided by the Service

The Service may be used to upload documents from the MindNode-app and share them with others. It is also possible to embed these documents into other websites and add pictures/photos or other documents to it.

Please be aware that uploaded documents are not encrypted, thus, they are publicly available. With regard to others' but also to your own personal information please consider carefully what you upload.

Uploaded documents are hosted non-indexable and remain so unless they are embedded in other websites. Moreover, the Service does not offer a publicly available index of all uploaded documents.

Data which can be uploaded is limited to text and pictures. Please be aware that the size of each individual document that is to be uploaded may be limited to ensure the Service's good performance. In addition, we may limit your access to the Service if you upload excessive amounts of documents.

3. Conditions of and restrictions to hosting uploaded documents

We do no generally examine the content of uploaded documents. Therefore, the upload of documents is not subject to prior approval of the Service Provider.

It is prohibited to upload documents of pornographic or violent nature or documents that infringe the intellectual property rights of others or otherwise violate the law or common ethical beliefs. Such documents will be deleted by the Service Provider after gaining knowledge of it and validation of a corresponding claim.

4. Termination of Service

The Users may at any time request the Service Provider to delete their account and all documents uploaded by them. The Service Provider will act on such a request without unreasonable delay.

The Service Provider may ban Users from the Service, if they – after a prior warning – persistently violate the Service's restrictions as stated in Sec. 3 above. In the case of serious violations the Service Provider may ban Users immediately without prior notice or warning.

The Service Provider may at any time terminate the entire Service. Before doing so, the Service Provider will notify the Users four (4) weeks in advance.

5. Personal information and privacy

By using our Service you provide us with information and documents that you upload to our servers. At all time, you retain full rights to your data. These Terms don't grant us any ownership to your data except for the limited rights that are required to provide the Service.

This includes the permission to store your documents, share them with others and process to display them in a web browser. You also give us the permission to keep redundant backups of your data. This permission also extends to trusted third parties we work with to provide the Service.

How we collect and use your data is also explained in our Privacy Policy that forms an integral part of these Terms.

For further information on how we collect, use and store your data please read our Privacy Policy.

6. Troubleshooting and support

If you want to report a problem or request support, please send an e-mail to support@mindnode.com. If we subsequently need further information to solve the problem we may contact you, directly.

7. Children

Children under the age of 16 are not allowed to register to and use the Service without parental consent. We advise parents to supervise their children's online activity. Once we obtain knowledge of a person registered, who is under the age of 16, we will immediately stop to provide any further Services to this person and delete the respective account.

For information on how we deal with personal information we unknowingly collected from children under the age of 16, please see our Privacy Policy.

8. Applicable law and jurisdiction

The Terms and any disputes arising from or relating to the interpretation thereof shall be governed by Austrian law only, with the exclusion of its conflict of law rules. The United Nations Convention on Contracts for the international sale of goods does not apply. For all disputes arising out of or related to these Terms the sole place of jurisdiction shall be the relevant court in Vienna, Austria.

9. Terms changes

We may update the Terms from time to time. When we change them in a significant way we will send notice to the registered e-mail address. You are obliged to always keep your e-mail address updated.

The respective current version of the Terms may be accessed and download at mindnode.com/terms-mymindnode.

10. Warranty and limitation of liability

While we work hard to keep the Service up and running, unexpected technical malfunctions of the various components that together constitute the Service can happen on rare occasions. The Service, moreover, may be disconnected or limited for reasons of maintenance or to resolve malfunctions. The Service Provider is not obliged to offer non-stop access to the Service. Therefore, we offer no warranty that you will always and at any time be able to access the Service. We strongly advise you to keep the master copy or backups of all uploaded documents in case you are for any reason unable to access the Service.

In no event, except for bodily harm, intentional damage or gross negligence, shall the Service Provider be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or other business interruption) caused anyhow and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Service, even if advised of the possibility of such damage.

You need access to the internet in order to properly use the Service. It is within your responsibility to ensure access to the internet. The Service Provider is not liable for any network malfunction or performance failure by your access provider.

11. Declarations and exceptions for private Users

This section does not apply to commercial users. Those are Users, who use the Service for purposes of their business.

A termination of the entire Service for economic reasons is to be held an important reason for the cancellation of User's access. As described in Sec. 4 of these Terms, each User will previously be notified if such a case arises. Serious violations by User as described in Sec 3. of these Terms is to be held an important reason to cancel User's access to this Service after prior warning as described in Sec. 4.

As we work to further improve the Service, we may change the Terms from time to time as described in Sec. 9. In case you do not object in writing within two month from receipt of such notification, you agree to the new Terms as changed. In this case the new Terms are applicable from the time of the receipt of the notification.

12. Miscellaneous

The Terms of Service in their respective current version constitute the entire agreement governing the use of the Service.

All notifications to the Service Provider are to be sent in writing to the current address as disclosed on the Service's website. An e-mail is sufficient to comply with the writing requirement.

If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any failure of the Service Provider to act with respect to a breach of the Terms by a user does not constitute a waiver and shall not limit the Service Provider's rights with respect to such breach or any subsequent breaches.

Last updated: January 3rd, 2020