Welcome to the MindSEO S.O.N.A.R. Tools website (the “Site”, “Service”). These Terms of Service, together with MINDSEO’s, Lda (“MindSEO”, “we”, “our” or “us”) Privacy Statement (collectively the “Terms”) govern your use of the Site, MindSEO Software Products (the “Software Products”) and MindSEO Services (the “Services”). You may access the Site as a user (“User”) for free. You may also access the Software Products or Services with a free account as a Trial User. These trial accesses are to be used only for review, demonstration and evaluation purposes. You will have access to limited features for a limited amount of time. While access to certain components of the Software Products and selected features of the Service is free, MindSEO reserves the right to charge fees for features and benefits associated with the Software Products or Services to Users who also become licensees (the “Subscribers”).
The Software Products and Services are offered by MindSEO to provide businesses, and individuals access to digital intelligence solutions, from search marketing to advanced analytics, to optimise digital ecosystems and maximise conversions. MindSEO may change the Terms of Service from time to time. Your access to the Site, Software Products and Services is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use these resources. MindSEO reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, Software Products and Services (or any part thereof). MindSEO shall not be liable to any user or another third party for any such modification, suspension or discontinuance except as expressly provided herein.
1. LICENSE GRANT AND SITE ACCESS
MindSEO grants you a limited license to access and make personal use of the Site. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of MindSEO. The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to MindSEO that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. MindSEO does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website. If you violate any of these Terms and Conditions, your permission to use the Site will terminate automatically.
For details about MindSEO's Software Products license grants, please refer to the MindSEO EULA terms that accompany these products.
2. RESERVATION OF RIGHTS AND OWNERSHIP
MindSEO owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, services, and all other elements and components of the Site (the "MindSEO Content"). MindSEO also owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the MindSEO Content, the Site, the Software Products and Services, which are protected by applicable intellectual and proprietary rights and laws.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the MindSEO Content in whole or in part except as expressly authorised in writing by MindSEO. MindSEO does not grant any express or implied rights in MindSEO Content to Users, and all rights in and to the Site and MindSEO’s Content are retained and reserved by MindSEO.
Moreover, the term MindSEO and anything on the site that identifies or distinguishes MindSEO from other goods are services registered or unregistered trademarks of the Company (the "MindSEO Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the MindSEO Trademarks without the Company's prior written consent.
The Software Products presented on the Site are protected by copyright, trade secret and other intellectual property laws. The Software Products are licensed not sold, and MindSEO reserves all rights not expressly granted to you in this Agreement. MindSEO and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software Products, its documentations, or any related impressed materials and electronic/online documentations. This Agreement does not grant you any rights to trademarks or service marks of MindSEO.
3. CONDITIONS GOVERNING ALL USERS
- MindSEO Content is available only to Users who are human (not bots, except for certain authorised API users) and Users who are also Subscribers. All users must be at least 18 years old;
- The MindSEO Content is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information;
- MindSEO Content is available only to Users who do not impersonate any person or entity or otherwise, misrepresent their identity in a profile or elsewhere on the Site;
- MindSEO Content is available only to those with a valid email address;
- MindSEO Content is available only to those who agree not to authorise others to use their account, profile, or messages;
- Users agree to inform MindSEO immediately upon learning about a security breach that relates to their account or a third party’s improper use of the Service in connection with their account;
- Users agree that portions of the Site and Service are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers and other similar programs;
- MindSEO reserves the right to monitor User communications, and may disclose content and information about Users, including content contained within User communications, if MindSEO deems it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure User compliance with the Terms; or (3) protect the rights, property, personal safety or interests of MindSEO, its employees, customers, or the public.
4. CONDITIONS GOVERNING SUBSCRIBERS
For purposes of this Agreement, a User who pays for any portion of the Site or Service will be referred to as a “Subscriber”. As a Subscriber, you must agree to the payment terms presented to you at the time you sign up on the Site.
Subscribers are responsible for taking action before renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription and must visit your Subscription and Billing page to find out when your account or subscription is set to renew. Subscriptions recur either monthly or annually, depending upon the renewal term you choose during the sign-up process.
You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorised to use it. If we cannot charge your credit card, we may suspend your subscription, and you may lose access to the Service until payment is due. You will be notified of this issue and have five business days to solve it. If not resolved within this period, we may cancel your account, and you may lose any data associated with it.
5. ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication must be in writing.
You are responsible for providing, at your expense, any access to the Internet and any required equipment.
6. MINDSEO COMMITMENT
MindSEo commits to:
- Use your information to operate our business solely and to help us improve your experience with our products;
- In the search and aim to continuously improve and develop new products or services for you;
- Tell you about the products and services that are available to you;
- Give you choices about our use of information that identifies you;
- Give open and clear explanations about how we use information;
- Protect your personal data complying with applicable laws and security standards;
- Continuously train our employees about how to keep information safe and secure, and give you information about how to keep your information safe and secure.
By using the Site, you agree that you will not do any of the following:
- Restrict or inhibit any other user from using and enjoying the Site;
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any national or foreign law;
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by MindSEO) or engage in spamming or flooding;
- Post or transmit any information or software which contains a virus, Trojan horse, worm or another harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or another proprietary right, or derivative works with respect to it, without getting the permission of the copyright owner or right holder.
MindSEO may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services (“Feedback”). You agree that MindSEO may, in its sole discretion, use the Feedback you provide to MindSEO in any way, including in future modifications of the Software, multimedia works and advertising and promotional materials relating to it. You at this moment grant MindSEO a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information you provide to MindSEO in the Feedback.
9. THIRD PARTY WEBSITES
The website may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under the control of MindSEO. MindSEO is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. MindSEO does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, and the inclusion of any link in the website is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by MindSEO of any information contained in any Third Party Website. In no event, will MindSEO be responsible for the information contained in such Third Party Website or for your use of or inability to use such site. Access to any Third Party Website is at your risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of MindSEO. MindSEO is not responsible for such provisions, and expressly disclaims any liability for them.
10. DISCLAIMER OF WARRANTIES
Your use of the site, including any applets, software, and content contained therein, is entirely at your risk. The service is provided “as is,” and to the maximum extent permitted by applicable law, Mindseo, its affiliates, licensors, third-party content or service providers all guarantees and warranties, whether express, implied, or statutory regarding the site and related materials including any warranty of fitness for a particular purpose, title, merchantability and non-infringement. Mindseo does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on the site, regardless of who originates that content. Mindseo does not warrant that the site is secure, free from bugs, viruses, interruption, errors, theft or destruction or that the site will meet your requirements. You expressly understand and agree that you bear all risks associated with using or relying on that content. Mindseo is not liable or responsible in any way for any content posted on or linked from the site, including, but not limited to, any errors or omissions in content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Mindseo shall not be liable for any indirect, special, incidental, exemplary or consequential damages or for damages relating to telecommunication failures, loss, corruption, security or theft of data, viruses, spyware, or the like, whether based in contract, tort (including negligence), product liability or otherwise, even if Mindseo have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Mindseo and you. Mindseo would not be able to have provided the service without such limitations.
12. NO REFUNDS
MindSEO is not obligated to provide you with a refund at any time. If you choose to cancel your account during your subscription term, you will not be refunded in whole or in part. If you opt to downgrade your subscription level during your subscription term (annual or monthly subscription, you are not entitled to a cash refund at any time. You may only downgrade your subscription plan at renewal or termination date.
13. TERMINATION AND AMENDMENT
Your privilege to use or access the Site may be terminated by MindSEO immediately and without notice, if you fail to comply with any term or condition of these Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that MindSEO reserves the right to take action – technical, legal or otherwise – to block, nullify or deny your ability to access the Site. You understand that MindSEO may exercise this right in its sole discretion.
MindSEO reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof). MindSEO shall not be liable to you or another third party for any such modification, suspension or discontinuance except as expressly provided herein.
You agree to defend, indemnify and hold MindSEO and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.
14. CONTACTING MINDSEO
If you have any questions or comments about this agreement, please fill in this contact us form.