Terms of Use of the Mindplix Platform

Publication date: March 31, 2025

1.1. Mindplix (hereinafter referred to as "Mindplix") provides a user (hereinafter referred to as the "User") with the opportunity to use the Mindplix Platform and its services and features (hereinafter referred to as the "Platform") available at: https://www.mindplix.com (hereinafter referred to as the "Site").

1.2. The use of the Platform is governed by these Terms of Use of the Mindplix Platform (hereinafter referred to as the "Terms") and the following documents:

1.3. Further technical and organizational terms governing how a user of the Platform (hereinafter referred to as the "User") may access and use the Platform shall be set forth in the documentation posted on the Site and/or in the Management Console.

1.4. Mindplix may amend these Terms and the above documents without any special notice, and the said documents become effective once posted online at the URLs specified in this clause and Clause 1.2 of these Terms, unless expressly specified otherwise. The current Terms are always available at: https://www.mindplix.com/terms-of-use.

1.5.If Mindplix makes any amendments to these Terms as specified in Clause 1.4, and the User disagrees with such amendments, the User shall cease using the Platform.

1.6.The User represents a natural person or a legal entity that duly entered into a separate agreement with Mindplix on the use of the Platform. The use of the Platform by the User is governed by the terms of such agreement, except for the Platform use provisions which are not covered by the terms of the agreement.

2.1. The Platform enables the User to get access to information about the Platform and services of the Platform as well as to use functions of the Platform consisting of hardware and software located in Mindplix infrastructure.

2.2. To use any functions of the Platform the User should log in to the User account on the Platform (hereinafter referred to as the "Account").

2.3. It is only possible to use the Platform with Internet access available. The User shall independently obtain and pay for such access under terms and as per tariffs of the corresponding telecom or Internet provider.

2.4.The User shall be responsible for security of the chosen means of access to the Account and for the confidentiality of such means. The User shall be liable for any actions (and their consequences) involving the Platform provided through the Account, including the User's voluntary transfer of information required to access the Account to third parties under any terms and conditions (including any agreements). Any actions involving the Platform performed through the Account shall be deemed performed by the User.

2.5. The User shall promptly inform Mindplix of any instances of non-User authorized access to the Platform through the Account and/or any actual or presumed breach of confidentiality of the chosen means of access to the Account. For security reasons, the User shall securely log out after completing each session by clicking the Log Out button.

2.6. User will (a) ensure that User's use of Platform shall be lawful and for bona fide purposes, and shall comply with the Terms as well as any separate agreements), (b) prevent and terminate any unauthorized use of, or access to the Platform, and (c) promptly notify Mindplix of any unauthorized use of, or access to the Platform, Account, or User's password of which User becomes aware.

2.7.1. Accounts. Except due to Mindplix's breach of the Terms, User is responsible for all activities that occur under the Account, regardless of whether the activities are authorized by User or undertaken by User or a third party.

2.7.2. Customer data. User will ensure that any content that the User uploads on the Platform, including but not limited to: data, text, programs, databases, music, sounds, photos, graphics, videos, messages, and other materials (hereinafter referred to as the "Customer data") and the User's use of the Customer Data as well as use of the Platform will not violate any document under the Terms or any applicable law. User is responsible for its own development, operation, maintenance, and use of the Customer Data.

2.7.3. Security and Backup. User is responsible for properly configuring and using the Platform and otherwise taking appropriate action to secure, protect and backup the Account and the Customer Data from unauthorized access.

Service Data Use. User grants Mindplix all necessary rights to utilize, at all times, data relating to User's access, use, testing, or evaluation of the Platform and services, including observations or information regarding the performance, features, and functionality of the Platform ("Service Data"). User is hereby notified and agrees that Mindplix may collect and process Service Data on a statistical, aggregated and non-identifiable form, for the purposes of Platform's testing, development and improvement, controls, and operations. Solely for such purposes Mindplix may process, retain, and reproduce the Service Data, and Mindplix shall exclusively possess and own all rights, title and interest in the Service Data without limitation. User must secure and maintain all rights necessary for Mindplix to process Service Data as described above without violating the rights of any third party.

3.1. Mindplix may, at its own discretion, limit or completely block User’s access to the Account and the Platform (or to certain features of the Platform, if technically feasible), if these Terms are violated, or take other measures in respect of the User to comply with legislative requirements, rights, and legitimate interests of Mindplix and third parties.

3.2. If User does not comply with these Terms or with applicable laws, User may not use the Platform. User agrees to cooperate with Mindplix to confirm compliance with all applicable laws and these Terms upon Mindplix's request. User will defend and indemnify Mindplix for any and all damages, liabilities, penalties, fines, costs, and expenses (including reasonable attorney fee's) arising out of or in any way related to User's direct or indirect failure to meet the requirements of the Terms or comply with applicable laws.

4.1. User is responsible for any required notices, consents and/or authorizations related to the provision of, and Mindplix's processing of any Personal Data as part of the Services provided by Mindplix, as well as of any use by User of the Services in a manner that is inconsistent with these Terms. For more information on how Mindplix processes personal information when acting as controller of Personal Data, please refer to Privacy Policy available at https://www.mindplix.com/privacy-policy .

4.2. To the extent that Mindplix acts as a data processor, the Data Processing Addendum shall apply.

4.3. Mindplix may process data which User provides when signing up, creating an account and logging into the Platform, subject to the terms set forth in the Privacy Policy available at https://www.mindplix.com/privacy-policy, in Mindplix's role as data controller according to Applicable Data Protection Laws (such as the GDPR and UK GDPR), and specifically in order to conclude, manage, administer, execute and implement these Terms.