Terms & Conditions
1. User Obligations
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Content - subject to the Terms and the following restrictions in particular:
- You must be 18 years old. You must be 18 years or older to use our Content. Outside of the European Economic Area (“EEA”), minors between the age of 13 and 18 years are only permitted to use our Content under supervision of a parent or legal guardian where the parent has provided affirmative consent. Children under 16 residing in the EEA are not permitted to access our Content. You are responsible for any and all activity conducted by a minor on your behalf.
- Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that we have put in place to secure our Content, take actions to gain unauthorized access to any system, data, passwords, or other Nevemind or user information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
Should you violate any of the Terms And Conditions, we reserve the right to take legal action at our sole discretion. You may not access our Content if we have prohibited you from doing so.
2. Outages and Maintenance
Our Content may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if our Content is unavailable.
3. Intellectual Property
Nevemind's Content and Marks, may be legally protected in a number of ways, including pursuant to copyright, trademark, service marks, patent, trade secrets, and other European and international intellectual-property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any Nevemind Content, or Marks accessed through the Site or the Services. You agree not to change, translate, or otherwise create derivative works of the Products or Services. Nevemind grants you a limited license (that is temporary, non-exclusive, non-sublicensable, and non-transferrable) to access and use Nevemind Content solely for use of the Products or Services in accordance with our Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Nevemind Content unless we give you express written permission to do so. We reserve the right to revoke this limited license to access and use Nevemind Content at any time and in our sole discretion.
4. Unsolicited Contributions
We appreciate hearing from our users and welcome their comments or suggestions. But ideas that you submit may be similar or identical to internal submissions or submissions received from another user or third party. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, suggested changes, additions, or improvements) sent to us via the Site or in any other manner about an existing product, service, or feature on the Nevemind platform (“Unsolicited Contributions”). If you send us an Unsolicited Contribution, you agree as follows:
- We are under no obligation to evaluate, review, or use any Unsolicited Contribution.
- All Unsolicited Contributions are non-confidential and non-proprietary and will be treated as such.
- You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
- Unsolicited Contributions should not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
- By submitting an Unsolicited Contribution, you hereby grant Nevemind a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the Unsolicited Contribution, including, without limitation, in connection with the Site , Products or Services, and for promoting and redistributing part or all of the Unsolicited Contribution (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting for the Unsolicited Contribution.
5. Content Availability
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Site, the prices or specifications of such goods and services, and any promotional offers and any other Content at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Content (including without limitation product descriptions or photographs) is up-to-date or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted offers) where the price or other material information on the Site is inaccurate or when we recognize abuse of our Terms. When you place an order, you will receive an acknowledgment email confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of goods or services will not be formed until your payment has been fully processed and approved by us. If we do not process an order, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
For all Content available through a subscription plan (“Subscription”), you understand that the following rules and terms apply (in addition to all other Terms):
- As part of a Subscription, you may obtain access to certain services, software and content available to subscribers (the “Features”). These Features are licensed, not sold, to you.
- There may be a limit to the number of Subscriptions you can have at one time. Once you have reached the Subscription limit, you will be prevented from purchasing or redeeming additional subscriptions.
- Subscriptions and Features are non-transferable.
- Subscriptions and Features may not be available in all territories, and certain Features may not be compatible with all Products and/or Services.
- If a Subscription's automatic renewal is set, at the end of the current Subscription term for successive periods matching the automatic renewal term at the then-current price, plus applicable taxes (“Subscription Amount”), you authorize us to debit the Subscription Amount through the payment method you provided during sign up for the Subscription (“Payment Method”) within the forty-eight (48) hours before your Subscription is set to expire. Your Subscription may be terminated by Nevemind if no Payment Method has been set for automatic renewal on the date a payment is due or if payment is unsuccessful for any other reason.
- If you already have an automatically renewing Subscription and purchase another Subscription for the same service but with different term and price, the term and price for the renewal will match the term and the Subscription Amount of the Subscription that was purchased last.
- You can turn off automatic renewal at any time up to forty-eight (48) hours before of the then-current period to avoid renewal of your Subscription and billing of the Subscription amount. When you turn off automatic renewal, your Subscription will remain active until the end of its term, and you will not receive any refunds or credits for the remaining time left on your Subscription. Any data (including backups) associated with your Subscription may be deleted by Nevemind at any time following expiration or termination of the Subscription for any reason.
- We reserve the right to adjust Subscription pricing, and to change, suspend, or discontinue any Subscriptions, and any Features, at any time in our sole discretion. Any price changes or other material changes to the Subscriptions or the Features will be communicated to you. Your continued use of the Subscriptions following notification of any modifications or changes constitutes acceptance of those changes. We may also impose limits on certain Features or restrict your access to parts or all of your Subscriptions without notice or liability.
7. Force Majeure
Nevemind shall have no liability to you for any delay or failure in carrying out its obligations to any customer for reasons beyond Nevemind's control, including without limitation, war or terrorism, natural disasters, charges in or compliance with laws, regulations or governmental policies and shortages of supplies and/or services.
8. Payment Processing
Nevemind partners with other companies (such as Stripe) for payment processing. When you purchase Products and/or Services, you are also agreeing to the payment processor’s terms of service. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
9. Early Adopter Campaigns
Seeking to raise funds for new developments, we may initiate time-limited Early Adopter Campaigns. These Early Adopter Campaigns have Offers, which will be awarded to users who make a Contribution towards the campaign (“Contributors”). As a Contributor, when you make a Contribution to an Early Adopter Campaign, you understand that the following rules and terms apply (in addition to all other Terms):
- Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
- Nevemind does not guarantee that Early Adopter Campaigns will succeed or that the associated Offer will be delivered or deemed satisfactory. By contributing to an Early Adopter Campaign, Contributors are supporting an idea or project they care about and want to help make happen. Like anyone getting in on an early-stage project, Contributors accept the risk that the Early Adopter Campaign may experience changes, delays, and unforeseen challenges, or that an Early Adopter Campaign, and its offerings, might not come to fruition. However, Nevemind guarantees that Contributions will be used as promised, with the sole purpose of concretizing a campaign's offerings. The final price and delivery date of an Offer are an estimate, and there is no guarantee that Nevemind will be able to fulfill those expectations.
- Limited Refund. Nevemind offers a limited refund to Contributors, subject to the Refund & Return Policy, only if a refund request is submitted to us up to seven (7) days after the Early Adopter Campaign has ended. Nevemind does not offer refunds outside our Refund Policy, but may do so under our sole discretion.
- Monetary Charges. When you Contribute to a Campaign, a provided payment method will be charged the amount of the Contribution after you confirm and submit your payment information.
- Taxes are your responsibility. Contributors bear the sole responsibility for determining how to treat their Contributions and receipt of any Offers for tax purposes. Nevemind does not offer any advice or take any responsibility for how Contributors treat their Contributions or for any financial consequences arising out of such treatment.
You agree to indemnify Nevemind against all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that Nevemind may incur as a result of your breach of any of these Terms and Conditions or any claims brought against Nevemind relating to information submitted by you or actions taken by you. We will provide you with timely notice of any such claim, suit or proceeding.