Terms and Conditions

Last updated on November 14th, 2017

Our Services are protected by copyright, trade secret, and other intellectual property laws. By agreeing to the entire Terms and Conditions described herein, you are hereby granted a limited, nonexclusive, and nontransferable license to access and use our Service. All copyrightable works provided by Minsilo remain the property of Minsilo, Inc., including, but not limited to: computer code, written expressions (such as marketing materials, documentation and editorials), audiovisual works (such as promotional videos and podcasts). Any use of these materials without authorization shall constitute copyright infringement, except where use without authorization is permitted by law.

Content provided by you, or your agent, shall remain your property, subject to other agreements. You agree to provide us with a license to display and retransmit content you enter into Minsilo, in order for us to provide this service. This content also includes automatically captured and stored metadata, data, and other copyrightable works that come from your integrated applications. In summary, any content provided by you remains yours. You may not use our service to conduct, facilitate, or otherwise engage in copyright infringement.

Prohibited Usage

As a condition of use, you agree not to use the Services for any purpose that is unlawful or prohibited by these terms. For the purpose of example, but not as a limitation, you may not use these Services:

  • to violate any law of our jurisdiction or of your jurisdiction;
  • to promulgate false statements, accusations, or accounts about an individual or to commit any defamatory act against another individual;
  • to abuse, harass, stalk, intimidate, or threaten any person;
  • to falsely represent yourself, including to assume an identity that is inconsistent with your true identity;
  • to defraud or attempt to defraud any person, company, or legal entity;
  • to post or disseminate, or cause to be posted or disseminated, copyrighted works you do not have permission to use;
  • to post or disseminate, or cause to be posted or disseminated, any work that is pornographic, obscene, offensive, or harmful to others;
  • to deliberately degrade, or cause to be degraded, our service through the use of: denial of service attacks, malicious software ("malware"), hacking, cracking, or other attempts to gain unauthorized access to our service;
  • to post or disseminate, or cause to be posted or disseminated, unsolicited bulk mail or "spam" on the Services;
  • to gain unauthorized access to others' user data or our services;
  • or to use the Services for mission or life-critical systems, including but not limited to the operation of nuclear facilities, air traffic control, life support systems, military installations, or any other system where failure of our Services could lead to personal injury, death, or damage to the environment.

Eligibility

To be eligible to use our services, you must be:

  • at least 13 years of age or older;
  • a human. Automated registrations are prohibited;
  • a single individual. Multiple persons or businesses may not share a single login;
  • and authorized to register for and use our services, if acting on behalf of an employer, institution, or other legally-recognized entity.

Paid Services

By signing up for our paid services, including our "Business" tier, you agree to be bound by additional terms as our Customer. Merely using an account that has a "Business" tier subscription assigned to it does not constitute a Customer relationship. A "Customer relationship" is established when an individual agrees to pay for our services on a one-time or recurring basis, except when the relationship is established through a separate agreement authorized by Minsilo, Inc or its agents.

If you meet the aforementioned definition of a "Customer" or are categorized as having a "Customer relationship", you also agree to the following terms:

  • you agree to pay, in full, the amount due for all services provided for the previous month. If you started using the service after the 1st day of the previous month, you will be billed a prorated amount equal to the monthly cost divided by thirty and multiplied by the number of days during the first month after signing up;
  • you agree to comply with, in its entirety, your cardholder agreement when making a payment for our services. You also agree that you are authorized to use the card for payment. Furthermore, you agree to have sufficient funds to cover the cost of your subscription;
  • you agree to be billed automatically on, or around, the 1st day of each month. You also agree to have your bill automatically charged to your associated payment card. You are responsible for ensuring you have sufficient funds to cover the payment;
  • if you cancel service before the last day of a month, you agree to pay, in full, the amount due for the number of days we provided our service on a paid basis;
  • you agree to pay on a per-user basis. Users may not share a single account. A "user" is defined as a single person;
  • cancelling or changing subscription tiers, such as from "Business" to "Free", may cause a loss of functionality. Any data created on a paid subscription will be retained and available for download, but normal access will not be provided unless the Customer reestablishes an appropriate subscription tier. After 180 days of inactivity, data that exceeds our "Free" tier may be, but is not required to be, permanently deleted from our service. In the event of cancellation, you agree to hold Minsilo harmless for any damages that may occur after 180 days of unpaid, or insufficiently paid, use of our platform that exceeds the “Free” tier; you are solely responsible for maintaining access to important data, including data that has legally mandated retention requirements, if you discontinue payment for our services;
  • if we discover any violation of these Terms of Service or of applicable laws, we reserve the right to take action to suspend or terminate your access to our services without notice;
  • and if our service is unavailable for more than 22 hours in a 24 hour period, due to a fault of our own, you may request a refund equal to the cost of your total subscription fees divided by the number of days in the month of affected service, multiplied by the number of days where service was unavailable.

Regulatory and Government Requests

We will comply with any valid and legal request from law enforcement, regulators, or government bodies. We agree to preserve records pursuant to a specific, narrowly tailored, and legitimate subpoena or government request for up to 90 days, except where prohibited by law. It is the responsibility of law enforcement or the government to provide a search warrant or similar lawful request to retrieve these records. We may be limited in our technical capacity to comply with government requests, especially due to the passage of time. It is in the best interest of investigators and prosecutors to be expeditious in its investigation and proceedings, in order to ensure adequate and/or complete access to affected data. You agree to hold us harmless for any harm caused by our compliance with government requests.

Governing Law

Minsilo, Inc. is a Delaware corporation located in Boston, MA. By using these services, you agree to be subject to all applicable local, state, federal and international laws that have jurisdiction in Boston, Massachusetts, United States of America. Furthermore, you agree to not violate any law within your jurisdiction by using Minsilo. You may not use Minsilo if doing so is prohibited by law in your jurisdiction.

You also agree all legal actions shall take place in a venue located in Suffolk County, Massachusetts, except where prohibited by law.

Termination

At our sole discretion, we may terminate our relationship with you if we deem you have violated these Terms and Conditions. You may appeal this decision within 14 business days by emailing us at tos-appeals@minsilo.com. We will refund any payments for services that have not been rendered upon request, if the request is made within 30 days of account termination.

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