Terms of Use

PUBLICLY AVAILABLE  APPS TERMS OF USE

MINIM, INC.

VERSION DATE: November 18, 2019

EFFECTIVE DATE: November 19, 2019


IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR PUBLICLY AVAILABLE APPS.

1. Introduction

  1. Welcome to the Minim, Inc. Website, Web Application (“Minim Websites”) or Mobile Application (collectively, the “Publicly Available Apps”). By accessing the Publicly Available you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the website and information provided by Minim, Inc., its subsidiaries and affiliates (hereinafter, “Minim”).
  2. Minim may, without advance written notice to you, at any time amend these Terms and any other information contained on the Publicly Available Apps. The latest Terms will be posted on minim.co/public-terms, and you should review the Terms prior to using the Publicly Available Apps. Your continued use of the Publicly Available Apps after any changes to these Terms are posted will be considered acceptance of those changes.

2. Scope

  1. These Terms apply to the Minim Publicly Available Apps, which include the website located at www.minim.co and mobile applications available or download in the AppStore and Google Play Store as well as all Minim owned and/or operated websites that are linked to www.minim.co by Minim, including Minim websites around the world and secure areas of the websites.
  2. These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on the Minim Websites, including without limitation, blogs, community forums, chat rooms, discussion sites, knowledge centers, service offerings information (hereinafter, “Online Mediums”), both now and in the future. Minim may also publish medium-specific terms of use in which event, these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium-specific terms of use.

3. Ownership of Content

  1. The following items are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws:
    1. the Publicly Available Apps their past, present and future versions;
    2. all pages found within the Publicly Available Apps;
    3. the material and information on the Publicly Available Apps;
    4. all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the (hereinafter, the “Content”);
    5. trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Minim.
  2. In using the Publicly Available Apps or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.
  3. The Publicly Available Apps and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Minim’s express prior written authorization.
  4. You are granted permission to display on your computer, print and download the Content on this Publicly Available Apps solely for your own personal, non-commercial and educational use.
  5. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on the Publicly Available Apps may be open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license.
  6. Unauthorized use of the Publicly Available Apps or the Content contained on or available through the Minim Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
  7. Feedback
    1. The Publicly Available Apps, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions and other materials (hereinafter, the “Submissions”) intended for review by general public, or by members of any public or private community.
    2. Minim does not claim ownership of the third party submitted content and, to the full extent of the law, shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions.
    3. Submissions are not reviewed, approved or endorsed by Minim and are provided solely for convenience to Minim customers and users.
    4. Minim reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
  8. Copyrights Infringement Complaints
    1. You may not use the Publicly Available Apps, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties.
    2. Minim encourages you to report any content on the Minim Websites that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, [legal@minim.co].

4. Trademarks

    1. The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Publicly Available Apps are either common-law service marks, trademarks or registered service marks or trademarks of Minim and are protected by trademark laws in the United States and other countries, and international laws and treaties.
    2. Other names of actual companies and products mentioned on the Publicly Available Apps may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Minim.
    3. Nothing contained on the Minim Websites should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Minim Websites. You are not permitted to use any Marks displayed on the Websites, metatags or any other “hidden text” utilizing Marks of Minim and its licensors, without prior written permission of Minim or such third party who may own the Mark.
    4. For information on use of Minim trademarks, click here.

5. Use of the Publicly Available Apps

    1. Privacy Minim’s Privacy Statement, as it may change from time to time, applies to the collection and use of your information and is made a part of these Terms by this reference.
    2. Password Protected Areas.
      1. Access to and use of password protected areas of the Publicly Available Apps is restricted to authorized users only.
      2. You agree that you:
        1. will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the Minim Websites;
        2. are responsible to maintain, keep current and update any registration data and other information you provide to Minim;
        3. are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and
        4. will notify Minim immediately of any unauthorized access or use of your account or password or any other breach of security.
        5. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account.
        6. You accept sole risk of unauthorized access to your account. Minim will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge.
        7. You may be held liable for losses incurred by Minim or any other user or visitor to the Minim Websites due to someone else using your password or account.
        8. You may not use anyone else’s account at any time, without the permission of the account holder.
      3. Content you Submit
        1. Minim appreciates hearing from you.
        2. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users.
        3. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with Minim which may be shared with Minim on a “need to know” basis.
        4. You should always use caution when submitting personally identifiable information about yourself or third parties in any Online Mediums. Please refer to our privacy policy with respect to this topic.
        5. Minim is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant Minim an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.
        6. Minim is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion.
        7. Minim reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.
        8. You represent and warrant that you own or otherwise have permission to submit any such materials and grant Minim the rights described herein.
    3. No unlawful or Prohibited Use
      1. You agree not to upload, post or otherwise transmit via the Online Mediums any content that:
        1. is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable;
        2. constitutes unauthorized disclosure of personal or confidential information;
        3. infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party;
        4. contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware;
        5. spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
      2. You also agree not to use the Publicly Available Apps or Online Mediums to:
        1. impersonate an employee or a representative of Minim, its divisions and subsidiaries;
        2. misrepresent your identity or affiliation with a person or entity;
        3. send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication;
        4. attempt to gain unauthorized access to any portion or feature of the MPublicly Available Apps or any other system or networks connected to the Publicly Available Apps or any other services offered through the Publicly Available Apps, and/or other accounts not belonging to you, or violate security of any portion of the Publicly Available Apps, by hacking, password mining or any other means;
        5. obtain or attempt to obtain any information, materials or documents not purposely made available through the Publicly Available Apps or Online Mediums through any means; attempt to interfere with the proper working of the Publicly Available Apps or any transaction being conducted on the Minim Websites or to restrict or inhibit any other user from accessing or using the MPublicly Available Apps, by means of hacking or defacing any portion of the Publicly Available Apps;
        6. violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
    4. Your Use of Services and Services Availability
      1. Specific terms and conditions, either between you and Minim or between you and a party which has contracted with to enable your use of the Publicly Available Apps, apply to your use of the Publicly Available Apps and the availability of the same.
      2. Minim’s obligations with regards to its services offered via the Publicly Available Apps are governed solely by such terms and conditions and nothing contained on the Publicly Available Apps or in these Terms shall be construed to alter services specific terms and conditions.
    5. Product Related Information
      1. The information on the Minim Websites concerning Publicly Available Apps may be outdated and Minim makes no commitment to update such material.
      2. Not all services mentioned in such information will be available in your country and such references do not imply that Minim will make available such services in your country.
    6. Promotions
      1. The Minim Websites may contain or offer sweepstakes, contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions.
      2. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
    7. Linking to the Minim Websites
      1. We greatly appreciate your efforts in letting your end users know about us.
      2. You may link to the Minim Websites by using a text link and linking to Minim Websites homepage.
      3. Linking directly to any other webpage or content within the Minim Websites is prohibited without Minim prior written permission.
      4. Minim only consents to links in which the link and the pages that are activated by the link do not:
        1. duplicate the website content;
        2. frame or create any other border around the website content or any pages on the Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the Minim Websites;
        3. misrepresent your relationship with Minim or otherwise create a false affiliation, connection or association with Minim;
        4. imply that Minim approves or endorses you, your website, or your services or product offerings;
        5. present false or misleading impression about Minim or otherwise damage the goodwill associated with the Minim name or trademarks;
        6. use Minim trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines;
        7. use Minim name, trademarks, service marks, colors, logos or any other brand features of Minim, nor your relationship with Minim for purposes of or in any manner which intentionally gives rise to advertising or publicity without Minim prior written permission.
      5. As a further condition to being permitted to link to the Minim Websites, you agree that Minim may at any time, in its sole discretion, terminate permission to link to the Minim Websites. In such event, you agree to immediately remove all links to the Minim Websites and to cease using any Minim trademark. Minim reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Minim websites.
      6. Except for the link logos as provided by Minim, you may not use the Minim corporate logo or any other brand feature to link to Minim. For information on use of Minim trademarks, click here.
    8. Third Party Links
      1. The Publicly Available Apps may contain links and references to non-Minim websites and resources (“Third Party Websites”) and are provided for convenience only.
      2. If you decide to leave Minim Websites and access Third Party Websites, you do so at your own risk and Minim will have no liability arising out of or related to such Third Party Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Third Party Website.
      3. Minim may not have reviewed the Third Party Websites and, any event, we are not responsible for the content, accuracy or opinions expressed on these websites.
      4. Inclusion of these links on our Websites does not apply approval or endorsement by Minim of the Third Party Websites, their entities or products and services.
      5. Third Party Websites, even if they contain Minim trademarks, are independent websites, and Minim does not control the content on that Third Party Website.
      6. Minim is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Minim, by way of reference or link provided on the Minim Websites.

6. Disclaimer of Warranties

  1. Your use of and access to the Publicly Available Apps, Online Mediums and Content posted by Minim or user generated content posted by third parties is at your sole risk.
  2. The Publicly Available Apps, Online Mediums and Content are provided for informational purposes only on an “AS IS” and “AS AVAILABLE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose.
  3. Minim makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content.
  4. Minim further makes no representations, warranties or guarantees that the quality and reliability of any information, and hosting services obtained from the Publicly Available Apps, Online Mediums and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free.
  5. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Publicly Available Apps, Online Mediums and/or Content.

7. Limitation of Liability

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINIM AND ANY CONTRIBUTOR TO THE USER GENERATED CONTENT VIA ONLINE MEDIUMS (“MINIM CONTRIBUTORS”) SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OR DAMAGE WHICH YOU MAY INCUR, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE CONTENT, OR ANY CHANGES MINIM OR MINIM CONTRIBUTORS MAY MAKE TO THE PUBLICLY AVAILABLE APPS, ONLINE MEDIUMS AND CONTENT, OR ANY TEMPORARY INTERRUPTION OR PERMANENT CESSATION IN THE PROVISION OF THE ONLINE MEDIUMS AND CONTENT, OR, IF APPLICABLE, YOUR FAILURE TO SAFEGUARD YOUR ACCOUNT DETAILS OR PASSWORDS OR (II) TO THE FULL EXTENT PERMITTED BY LAW, MINIM AND MINIM CONTRIBUTORS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELATED TO THE WEBSITES, ONLINE MEDIUMS AND CONTENT (INCLUDING WITHOUT LIMITATION FOR LOSS OF OR DAMAGE TO BUSINESS, REVENUES, GOODWILL OR DATA) EVEN IF MINIM AND MINIM CONTRIBUTORS HAD PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION.
  2. Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.

8. INDEMNIFICATION

  1. YOU AGREE TO INDEMNIFY AND HOLD MINIM, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVE AND MINIM LICENSORS, THEIR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES HARMLESS FROM ANY CLAIMS AND DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY ARISING FROM OR RELATING TO: (I) YOUR USE OF AND ACCESS TO THE PUBLICLY AVAILABLE APPS, ONLINE MEDIUMS AND CONTENT; (II) CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE WEBSITE AND ONLINE MEDIUMS; (III) YOUR VIOLATION OF THESE TERMS OR OTHER RELATED SPECIFIC TERMS AND CONDITIONS. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF YOUR MINIM ACCOUNT, THE ACCOUNT THAT ENABLES YOUR USE OF THE PUBLICLY AVAILABLE APPS OR THESE TERMS.

9. General

  1. The Terms constitute the entire agreement between you and Minim relating to your use of and accessing to the Publicly Available Apps, Online Mediums and Content.
  2. Your use and access to the Publicly Available Apps, Online Mediums and Content may also be governed by a contract you have entered into with a party that has contracted with Minim to enable your use of and accessing to the Publicly Available Apps, Online Mediums and Content.
  3. You may also be subject to Online Medium or Content specific terms of use.
  4. New Hampshire and U.S. federal law shall govern any action related to the Terms and your use of the Online Mediums and Content, without regard to the choice of law rules.
  5. In any dispute between you and Minim, you agree to submit to personal and exclusive jurisdiction of the courts located in Hillsborough County, New Hampshire, United States.
  6. In the event of any violations of the Terms, Minim reserves the right to disable your access to the Publicly Available Apps, Online Mediums and Content and seek all remedies available by law and in equity.
Thank you for reading through these Terms, and now, enjoy!