Last updated: January 2022

1. Overview

These terms shall govern the permitted usage of the Mindkosh software, website, and all permissible pages, domains, sub-domains of www.mindkosh.com (“tools”) as provided by us (“Mindkosh” and its successors or assigns). Acceptance of the Tools implies acceptance of the Privacy Policy. If you do not accept these Terms and the Privacy Policy you are not authorized to access the Tools. This is an End-User License Agreement between you and Mindkosh. Please read this document thoroughly before using the Tools.

2. License

This license grants you the right to use the Tools which are provided on an as-is basis. This license is personal, non-exclusive, non-transferable, non-sublicensable, and non-assignable. This license is not granted and may not be exercised by persons who are identified below as not having permission to use or access the tools.

Subject to any specific exceptions or permissions granted by Mindkosh to any individual users, these Terms shall apply to all users of the Tools to the extent indicated. These terms shall also extend to and apply to any software, application, or extension that may be or need to be installed as part of the tools. If you are accepting these Terms on behalf of a Company or any body corporate then you represent that you have the authority to represent them and are duly authorized to use the tools and provide information and data to us. You warrant that you will use the tools for legitimate, legal, and valid purposes that do not violate any applicable laws or our policies.

The following persons do not and shall not have permission to use or access the tools:

• Minors or persons who cannot enter into a contract;
• Persons not legally eligible to enter into a contract;
• A person who is bankrupt or insolvent;
• Any individuals, associations, or people who have been denied access to the tools or have breached these terms;
• Any person who is so identified by Mindkosh;
• Any person who does not accept these Terms;
• Any person who has used or attempted to use the Terms for any act prohibited by law;
• Any person who affects the integrity of the tools.

3. Policies

You may read the Privacy Policy here. Mindkosh voluntarily and in a non-obligatory manner employs and adopts various other policies from time to time. A list of our policies in operation can be accessed here. In case of any doubt please reach out to us at contact@mindkosh.com

All our policies are updated from time to time with notice as provided therein. We shall endeavor to provide 2 (two) weeks’ notice before updating any policy but in case of emergent circumstances, the policies may be updated immediately with no notice. You can always read the applicable policies here.

4. Fee

If you are a user of the paid section of mindkosh.com or any other paid tool then the following exceptions to these terms shall operate:

• You shall be entitled to such benefits and access as are separately set out in the license for which you have paid and to such extent, the limitations of the free license shall be modified;
• Your organization, company, or body corporate that you represent shall be entitled to such number of seats and such account usage authorizations as are part of the license you have purchased for the time period for which you have purchased the license.
• Prioritized customer care response.

In order to facilitate customer experience and requirements, Mindkosh may introduce different levels of licenses at its will. Customers who wish to upgrade or downgrade their license mid-license period may contact us directly.

All terms part of a purchase order or invoice issued by Mindkosh shall form part of these terms. If your payment terms include periodic payment then you undertake to make the payments timely or in advance, as applicable. Mindkosh shall be free to suspend or deny any and all service or access to the tools if you default in any payment.

In case of any errors or issues with your billing please contact us at sales@mindkosh.com within 15 days of the invoice or charge to claim appropriate credits.

Non-acceptance of these terms or a policy will not be grounds for a refund.

5. Security & Performance

As a user of the tools, you undertake not to do any act or omission that would restrict the performance, hamper the security or in any manner compromise the integrity or security of the tools or anything associated therewith. You undertake to ensure and represent that your workstation, desktop, computer, mobile, or any object you use to access or operate the tools is free of any malware, viruses, corruption, or other security risks and bear the responsibility for the same.

While we aim to keep tool downtime at a minimum, the tool will from time-to-time be inaccessible for updates or maintenance. We will attempt to provide due notice for the same in advance but in case of emergent cases, there may be no notice.

You also undertake to not copy, reverse-engineer the tools, including any graphical presentation, user interface, or workflow in any manner. You further undertake not to use the tools or any part thereof or any data from usage of the tool to create, build, author, or modify any software or work similarly to the tools or any part thereof.

6. Personal Data

Personal data is information that identifies or can identify any individual. You represent and warrant not to upload to or use the tools to process any Personal Data to which you do not have the right, license, and permission (as applicable) including the right, license, or permission to process them through the tools. You may not upload to the tools or process through the tools any personal data to which you do not have the right, license, or permission (as applicable).

To use the tools you consent to grant us access to cookies which are essential for optimal usage, improved user experience, and full functionality of the tools.

Mindkosh will use your personal data as per the Privacy Policy and does not claim any right of ownership over the same.

7. Term

You are free to terminate usage of the tools at any time as a free user. Paid users can stop the usage of the tool when they wish to but no fee or amounts would be refunded against the same. Upon payment of every license fee, the license will be automatically renewed for the period for which you have paid the license fee.

Upon termination, your data will be kept available and subsequently deleted as per our extant policies. Unless otherwise specified, Mindkosh is not obligated to delete your data or any learning from the same.

8. Intellectual Property

Mindkosh claims no right in intellectual property on the data that you upload to the tools, our servers, or otherwise process through the tools except as set out hereafter. Other than these exceptions, all rights, titles, and responsibility with respect to your data shall remain yours and Mindkosh claims no right or liability with respect to the same.

• Any improvement to the tools and in particular machine learning algorithms developed from the usage of the tools;
• We use cookies and other similar technologies to collect information about your browsing activities when you navigate through our site or use the tools. Cookies help make interactions with our site and usage of the tools easier and faster for you. We also use cookies to analyze trends, administer our Services, and track activity and interactions with our site and the tools.

9. Disclaimer

MINDKOSH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY, MINDKOSH AND ITS OFFICERS, AFFILIATES, REPRESENTATIVES, AGENTS, CONTRACTORS, AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND MINDKOSH’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO MINDKOSH FOR THE SERVICES UNDER THIS AGREEMENT.

10. Governing Law

These Terms shall be governed by the laws applicable in India and courts based in New Delhi shall have exclusive jurisdiction to try any action or suit relating to the same.

11. Update

These terms shall be updated from time to time and shall be applicable as and when published.