Terms and Conditions for Mind Fi Technology

Effective Date: 10-30-2011

Last Updated: 06-04-2025

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the [Your Client Facing Platform Name, e.g., Mind Fi Hub software-as-a-service platform (the “Service”) operated by Mind Fi Technology (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service, including clients of Mind Fi Technology who are granted access to a sub-account (“Clients”) and any end-users accessing the Service through a Client’s account (“End-Users”).

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Accounts

  • Account Creation: When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
  • Account Responsibility: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  • Client Responsibility for End-Users: Clients are responsible for all activity occurring under their sub-account, including the actions of their End-Users. Clients must ensure that their End-Users comply with these Terms and any applicable acceptable use policies. A breach of these Terms by a Client’s End-User will be considered a breach by the Client.
  • Eligibility: You must be at least 18 years of age to use this Service.

2. Service Provision and Use

  • License Grant: Subject to your compliance with these Terms, Mind Fi Technology grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Service for your internal business purposes, as contemplated by your specific subscription plan.
  • Acceptable Use: You agree not to use the Service:
      • In any way that violates any applicable national or international law or regulation.

      • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

      • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
      • To impersonate or attempt to impersonate Mind Fi Technology, a Mind Fi Technology employee, another user, or any other person or entity.
      • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Mind Fi Technology or users of the Service or expose them to liability.
      • To upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
      • To send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
      • To harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.

      • To interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks.
      • To attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means.

    • To harass or interfere with any other user’s use and enjoyment of the Service.
  • Compliance with Platform Standards: Your use of the Service is subject to maintaining high standards of conduct and responsible use of the platform’s features. Any activities that are deemed abusive, illegal, or that negatively impact the stability or reputation of the Service or its underlying infrastructure, may result in suspension or termination of your access to the Service. We reserve the right to enforce such standards.
  • Data Ownership and Responsibility:
    • Client Data: You (the Client) retain all ownership rights to the data, information, and content (collectively, “Client Data”) you upload or transmit through the Service. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Client Data.
    • Our Use of Data: We will use Client Data only as necessary to provide and improve the Service, to provide support, and as otherwise permitted by these Terms and our Privacy Policy. We will not use Client Data for any other purpose without your explicit consent.
    • Data Security: We will implement commercially reasonable technical and organizational measures to secure your Client Data from accidental loss and from unauthorized access, use, alteration, or disclosure. However, you acknowledge that the internet is not a completely secure environment, and we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your Client Data for improper purposes.

3. Fees and Payment

  • Subscription Fees: The Service is offered on a subscription basis. You agree to pay Mind Fi Technology the applicable subscription fees for the Service plan you select. Fees are non-refundable except as required by law or as explicitly stated in these Terms.
  • Payment Terms: Payment terms will be specified at the time of subscription. You authorize us to charge your chosen payment method for all applicable fees.
  • Billing Cycle: Subscription fees are typically billed in advance on a recurring basis (e.g., monthly or annually) as specified in your plan.
  • Price Changes: Mind Fi Technology reserves the right to change the subscription fees at any time. We will provide you with reasonable prior notice of any price changes. Your continued use of the Service after the price change comes into effect constitutes your agreement to pay the modified fee amount.
  • Taxes: All fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments of any nature, including value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder.

4. Intellectual Property

  • Our Intellectual Property: The Service and its original content (excluding Client Data), features, and functionality are and will remain the exclusive property of Mind Fi Technology and its licensors. The Service is protected by copyright, trademark, and other laws of both [Your Country/Jurisdiction] and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mind Fi Technology.
  • Your Client Data: You retain all rights, title, and interest in and to your Client Data. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Client Data solely to the extent necessary to provide the Service to you.
  • Feedback: If you provide us with any suggestions, ideas, feedback, or recommendations regarding the Service (“Feedback”), we will be free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

5. Third-Party Services and Integrations

The Service may contain links to third-party web sites or services, or integrate with third-party applications, that are not owned or controlled by Mind Fi Technology.

Mind Fi Technology has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Mind Fi Technology 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or integrate with.

6. Termination

  • Termination by You: You may terminate your account and these Terms at any time by contacting support. Upon termination, your access to the Service will cease.
  • Termination by Us: We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or non-payment of fees.
  • Effect of Termination: Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  • Data Retrieval: Upon request by you made within 15 days after the effective date of termination or expiration of your subscription, we will make your Client Data available to you for export or download as provided in the documentation. After such 15 day]period, we will have no obligation to maintain or provide any Client Data and will thereafter delete or destroy all copies of Client Data in our systems or otherwise in our possession or control, unless legally prohibited.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIND FI TECHNOLOGY AND ITS LICENSORS EXPRESSLY DISCLAIM 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.

MIND FI TECHNOLOGY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIND FI TECHNOLOGY, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO MIND FI TECHNOLOGY FOR THE SERVICE DURING THE [E.G., THREE (3) MONTH] PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to defend, indemnify and hold harmless Mind Fi Technology, its licensors, and their respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Client Data you submit, post, or transmit through the Service, including any claim that your Client Data infringes or violates any third-party intellectual property rights or privacy rights.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through amicable negotiations. If the dispute cannot be resolved through negotiation within 30 days, such dispute shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its [Commercial/Applicable] Arbitration Rules. The arbitration shall take place in San Francisco, California and the language of the arbitration shall be English. The arbitral award shall be final and binding.

12. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy  to understand our practices regarding the collection and use of your personal information.

14. Contact Us

If you have any questions about these Terms, please contact us:

Mind Fi TechnologyPO Box 1957 info@mindfitechnology.com Phone Number 916-538-1841