Terms of Service

1. Introduction & Acceptance of Terms

Welcome to Mindware Systems. These Terms of Service ("Terms") govern your access to and use of our website, products, and services, including custom web application development, business email services, and data recovery solutions (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority or do not agree with these Terms, you may not use the Services.

2. Services Overview

Mindware Systems provides enterprise-grade technology solutions designed to help businesses build, communicate, and recover with confidence. Our core services include:

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. User Responsibilities

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or using our Services
• Maintain the security of your account credentials and notify us immediately of any unauthorized access
• Use the Services in compliance with all applicable laws and regulations
• Not use the Services to transmit any malicious code, viruses, or harmful content
• Not attempt to gain unauthorized access to our systems or interfere with the proper functioning of the Services
• Respect intellectual property rights and not copy, modify, or distribute our proprietary materials

For our data recovery services, you represent that you have the legal right to recover and access any data you submit for recovery. We will maintain strict confidentiality but cannot be responsible for the content of recovered data.

4. Payment & Billing Terms

Fees for our Services are as described on our website or in your service agreement. By using paid Services, you agree to pay all applicable fees. Unless otherwise stated, fees are non-refundable.

Billing Cycles

Services are billed on a subscription basis (monthly or annually) or on a project basis, as agreed in your service agreement. You will be charged in advance for subscription services.

Payment Methods

We accept major credit cards, wire transfers, and other payment methods as indicated. You authorize us to charge your selected payment method for all fees incurred.

Late Payments

If your payment is past due, we may suspend or terminate your access to the Services. We may charge interest on overdue amounts at the rate of 1.5% per month or the maximum allowed by law.

Taxes

You are responsible for all taxes associated with your use of the Services, excluding taxes based on our net income.

5. Limitation of Liability

To the maximum extent permitted by law, Mindware Systems and its affiliates, officers, employees, and agents shall not 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:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount you paid us during the twelve (12) months prior to the event giving rise to liability.

Data Recovery Services: Due to the nature of data recovery, we cannot guarantee 100% recovery of all data. Our liability for data recovery services is limited to the fees paid for that specific recovery attempt.

6. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Governing Law

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

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.