Terms of Service

The following Terms of Service outline your obligations when using our Platform (“Platform”) or Service (as defined herein), or any of the information, text, graphics, videos, or other files, materials, data or content of any kind whatsoever created or provided by or through the Platform or the Service or through your ability to sell products on the Platform and generate User Contributed Content (as defined herein). Please also review the Privacy Policy, which is a part of these Terms of Service and which outlines our practices towards handling any personal information that you may provide to us.

1. Acceptance of these Terms of Service
1. The Platform and the Service are owned and operated by Oviedo Interactives Limited, with offices at 6/F Manulife Place 348 Kwun Tong Road Kl, Hong Kong (“Mindo” “we,” or “us”) and are accessed by you under the Terms of Service described herein (“Terms of Service”, “the/these Terms” or “Agreement”). Please read these Terms of Service carefully before using the Platform or the Service. By accessing the Platform or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the Platform or use the Service. Nothing in this Agreement shall be deemed to confer any third-partyrights or benefits.

2. Modifications of these Terms of Service
1. We may revise these Terms of Service from time to time, and the most current version will be available on the Platform. If the revision(s), at our sole discretion, is considered a material change, we may attempt to notify you by posting an announcement on the Platform. You are responsible for reviewing and becoming familiar with any modificationsand agree to be bound by such modifications or revisions. Use of the Platform or the Service after any such revision(s) constitutes your acceptance of the terms and conditions of these Terms of Service as modified.

3. Description of the Service
1. The key functionality of Mindo is to provide a platform designed to pair individuals (“users”) together, based on compatibility and other factors, and to enable individuals to chat and communicate online through various media, including text, video, and picture sharing and linking and accessing third party social network platforms (collectively, the “Service”).
2. Mindo does not assume any responsibility for or warrant the accuracy of the legitimacy of any information provided by any users through the service. Any claim or dispute that may arise between users of the Platform and/or the service shall be settled by them, as they hereby agree to release and hold harmless Mindo from any liability or responsibility to participate in such claim or dispute.

4. Community Guidelines
1. Please read our Community Guidelinesare see our policies regarding misconduct, misbehaviors and etc.

5. Your Registration Obligations
1. The Platform and the Service are only accessible to registered users who create a Mindo account with a Phone Number or our third-party
2. If you register and access the Platform or use the Service, you expressly accept and agree to be bound by this Agreement and the terms, conditions, and notices contained or referenced herein.
3. Use of the Platform and the Service, and the registration and creation of a Mindo account, is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. You hereby warrant that you are at least 18 years old. In the event that the information you provide in this regard is not truthful, Mindo shall not be liable as we cannot verify the age of its users. IF YOU ARE UNDER 18 YEARS OLD, DO NOT ATTEMPT TO REGISTER OR USE THE PLATFORM OR THE SERVICE.
4. You may not create a user name on Mindo if  you (i) use another person's name other than your own, with the intent to impersonate that person; (ii) use a name of a person other than you without authorization; (iii) use a name that is vulgar, obscene or otherwise offensive; (iv) use or attempt to use another user’s account, username, or password without their permission; (v) buy, sell, rent, or lease access to your Snapchat account, Snaps, a Snapchat username, or a friend link without our written permission.
5. We reserve the right to refuse registration of or cancel a Mindo User ID at our discretion. If you select a User ID for your account, we reserve the right to remove or reclaim it if we believe it infringes upon another's rights or marks. You are responsible for all activities occurring under your Mindo User ID and for keeping your password confidential and secure, and you agree to immediately notify us of any unauthorized use of your Mindo User ID or password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

6. Subscription and Cancellation
1. Discount: Mindo offers subscription services, which may include discounts for certain periods of time to provide rewards, or other benefits at discounted price
2. Changes to Subscription Services: Mindo reserves the right to suspend or change the content of the Subscription Service with reasonable prior notice. In addition, changes to the Subscription Service that are detrimental to the user will take effect at least 30) days after the company notifies the user of such changes, so that the user can cancel the renewal before the new changes take effect.Your continued use of the changed subscription service constitutes your acceptance and agreement to such changes.
3. Coins. Mindo offers users to buy, earn, and use coins within the Mindo Platform. Coins cannot be transferred to other accounts or resold in any manner. If a user’s account remains inactive for six (6) consecutive months, all coins might be frozen, and the user will not be able to see the coins balance in their account. If a user requests to see and unfreeze the remaining balance of the coins in his or her account, Mindo will unfreeze the coins after a procedural review.
4. Renewal and cancellation of subscription services:The subscription service is automatically renewed monthly or weekly, depending on the type of your subscription. If you do not want to renew your subscription, you must cancel your subscription service 24 hours prior to the current subscription period expiring.
5. For cancellation of subscription services, please follow the steps below to cancel auto-renewal:
   1. (1) Log in to the Mindo account where you purchased the subscription service.
   2. (2) Click the Mindo plus logo button in the upper right corner of the left area.
   3. (3) Click the "cancel renewal" button.

7. Payment Fees and Third-Party Payments
1. If you purchase any Subscription Services, you hereby agree to pay all fees to your account, including taxes applicable to Mindo and to you.
2. You agree to abide by any relevant terms of service of the App Store and to perform any contractual obligations arising therefrom.
3. You are responsible for all claims related to your account unless the product was purchased as a result of Mindo's willful misconduct or gross negligence, resulting in the disclosure of your personal information. Mindo is not responsible for third-party purchases caused by the theft of your name or personal information, including third-party purchases caused by the inadvertent exposure of your information or failure to use your password settings.

8. Refund
1. Unless otherwise provided in these Terms or required by applicable law, any subscriptions and paid services are non-refundable in any event after purchase:
   1. Services owned by any user who has been suspended from using Mindo for violations of these Terms or violations;
   2. Used services (partially used services);
   3. Services owned by expiring Mindo Plus users;
   4. Services purchased by third parties due to stolen or lost equipment or your carelessness.
2. However, as we mentioned in the previous provision 6. (d), you may terminate future subscriptions at any time.
3. In addition, refunds for any and all products permitted by applicable law in your jurisdiction will be processed in accordance with the refund policies of third parties that provide payment processing services and may be restricted from being used to purchase products.
4. If you reside in the European Union region, you will be entitled to a 14-day statutory right to cancel under applicable law. We, therefore, recommend that you review the respective refund regulations and policies of such third parties.

9. Ownership and Standards of User Contributed Content
1. Using the Service includes creating or uploading different kinds of data and information, including without limitation photos, text, messages, posts, html, URLs, pictures, videos, and other content (collectively, “User Contributed Content”), whether publicly posted or privately transmitted, is the sole responsibility of the Mindo user from whom such User Contributed Content originated.
2. Without limiting the foregoing, you are solely and entirely responsible for all of the User Contributed Content that you upload, post, email, transmit or otherwise make available via the Platform or the Service. We may, but are not obligated to, monitor or control User Contributed Content that is posted, and we take no responsibility for such content. Furthermore, any User Contributed Content or other material you upload via the Platform or the Service will be considered non-confidential and non-proprietary.
3. We have the right to disclose your identity to any third parties who claims that any of the material uploaded/posted by you via the Platform or the Service constitutes a violation of their intellectual property rights, their rights to privacy, or any other proprietary rights.
4. In using the Platform or the Service, you agree not to generate or upload any User Contributed Content that is (1) inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by Mindo in its sole discretion, (2) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code, (3) reverse look-up or trace any information of any other User or visitor or otherwise use the Services for the purpose of obtaining information of any User or visitor, (4) attempt to gain unauthorized access to any portion of the Services, or any systems or networks by hacking, password "mining" or any other illegitimate means, (5) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Services or any data or materials contained therein or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the System, (6) ask or offer sexually explicit images or engage in any activity harmful to minors or (7) otherwise violates these terms.
5. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Contributed Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Contributed Content of any Mindo user will be at your own risk.We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Contributed Content, such as User Contributed Content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public.
6. We will not be responsible or liable for the exerciseor non-exercise of this right under these Terms of Service. You understand that by using or accessing the Platform or the Service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Contributed Content or any loss or damage of any kind incurred as a result of the use of any Mindo Content or User Contributed Content posted, emailed, transmitted or otherwise made available on the Platform or through the Service.

10. Digital Millennium Copyright Act
1. You agree only to upload, post, submit or otherwise transmit User Contributed Content: (i) that you have the lawful right to use, copy, distribute, transmit, or display; (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property rights, or moral right or right of publicity).
2. Mindo respects the legal rights of others, and asks that its users do the same. It is Mindo's policy to respond to notices of alleged copyright or other forms of intellectual property infringement, provided they comply with applicable laws (most notably, the United States Digital Millennium Copyright Act or “DMCA”). Repeat offenders will, at Mindo's option, have their user accounts and/or access to the Platform and the Service removed or disabled irrespective of the status of any particular notification or counter-notification. If you believe that your intellectual property rights have been infringed, please provide Mindo with written notice of the same with the following information:
   1. The full name, mailing address, telephone number, contact email address and physical or electronic signature of an owner of an exclusive right that is allegedly infringed, or a person or entity specifically authorized to act on that owner's behalf;
   2. Identification of the works claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works;
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mindo to locate said material;
   4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights holder, his/her/its agent, or the law;
   5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   6. Any supporting documentation to help establish the rights at issue, such as copies of a valid and duly executed copyright registration certificate.
3. Notices should be delivered to Mindos Agent for Notices of Infringement Claims at Email: mandugor@gmail.com Mindo will, upon receipt of a properly-formatted notice, act expeditiously to remove the allegedly offending content or disable public access to same. Mindo will also send a copy of any infringement notice to the party said to be responsible for the infringement at issue. If you have received such a notice, you may file a counter-notice, stating that you dispute the allegations made in the notice and formally requesting that any material removed or disabled be reposted. A counter-notification should include the following information:
   1. The full name, address, telephone number, contact email address and physical or electronic signature of the party named in the infringement notice, or a person or entity specifically authorized to act on his/her/its behalf.
   2. Identification of the material(s) claimed to have been removed or disabled by Mindo, and information reasonably sufficient to permit the service provider to determine its prior location;
   3. A statement that the party making the counter-notice has a good faith belief that use of the material in the manner complained of is not authorized by the rights holder, his/her/its agent, or the law;
   4. A statement that the information in the counter-notification is accurate, and under penalty of perjury, that the materials removed were removed or disabled as a result of misidentification or wrongful allegation;
   5. AA statement that you will accept jurisdiction for disputes relating to this matter in either: (i) the Federal District Court in the district that you reside; (ii) if you reside outside of the U.S.A., in the District of California.
   6. Any supporting documentation to help establish the statements contained in your counter-notification.

11. Your Property Rights and the Licenses You Grant to Mindo
1. Except as may be stated otherwise in these Terms of Service or elsewhere on the Platform, we claim no ownership or control over any User Contributed Content. You retain any, and all trademark rights and copyright to any User Contributed Content that you submit, sell, post, or display on or through the Platform or the Service, and you are responsible for protecting those rights. For all content you submit to the Services, you grant Mindo. And our affiliates have a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms of Service. You remain responsible for the content you create, upload, post, or store through the Service.As part of this use of information, we may provide aggregate information, not information about you personally, to our partners about how our users, collectively, use the Platform and the Service. In connection with any of the uses listed above, you agree to release and discharge us, and our affiliates, licensees, and business partners from any claims, actions and demands of any nature, including but not limited to any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claims. In granting these licenses to us, and our affiliates, licensees, and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User Contributed Content.

12. Ownership of Mindo Content
1. Including your own User Contributed Content, we own all rights, title and interest, including all worldwide intellectual property rights in all content related to the Platform and the Service (collectively, the “Mindo Content”). The Mindo Content, including the Platform and the Service, is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the Mindo Content, including the Platform and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, Mindo or its related products and services. Other than explicitly stated herein, you may not make any commercial use of the Mindo Content, including the Platform and the Service, without Mindo's prior written approval.

13. Links from Mindo to Other Sites
1. The Platform may contain links to third-partywebsites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

14. Termination
1. We may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any services, or impose new or additional limits on your ability to use our services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
2. If you violate any of these Terms of Service, your permission to use and access the Platform and the Service may be automatically terminated. Should your account or usage be terminated, you are prohibited from creating any new accounts or otherwise accessing the Platform or the Service without our prior written Platformroval. We reserve the right to revoke your access to and use of the Platform and the Service at any time, with or without cause. We also reserve the right to cease providing or to change the Platform and the Service at any time and without notice.

15. Indemnification
1. You agree to indemnify and hold harmless Mindo, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives and to defend and hold each of them harmless, from any and all claims, liabilities, losses, damages, costs, and other expenses (including attorneys' and expert witnesses' costs and rewards) arising from or relating to: (1) your use of and access to the Platform or the Service; (2) your violation of any laws or any infringement by you, or any third party using your account or Mindo User ID, of any intellectual property, property, privacy, or other rightsof any person or entity; (3) any breach of any obligation in this Agreement by you; (4) any intentional misconduct or negligence by you in using the Platform or the Service; or (5) any claim that a user's User Contributed Content caused damage of any kind whatsoever to another user or to any other third party.

16. Limitation of Liability
1. To the maximum extent permitted by applicable law, in no event shall Mindoor its subsidiaries and affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) however caused and on any legal or equitable theory of liability, and whether or not for breach of contract, negligence or otherwise, even if Lita has been advised of the possibility of such damages. These limitations will apply notwithstanding any breach of condition(s) or fundamental term(s) or for a fundamental breach (s).

17. Choice of Law and Dispute Resolution
1. This Agreement is governed by the laws of Hong Kong without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. You irrevocably consent to the personal jurisdiction of the courts located in Hong Kong, for any suit or action arising from or related to this Agreement, and waive any right you may have to object to the venue of such courts. You further agree that these courts will have exclusive jurisdiction over any such suit or action initiated by you against Mindo.
2. Any dispute, controversy, difference, or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

18. Severability
    1. If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any governmental entity, the remaining provisions of this Agreement shall remain in full force and effect provided that the essential terms and conditions of this Agreement for both parties remain valid, binding and enforceable. To the extent permitted by law, the parties hereby to the same extent waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.

19. No Assignment
    1. This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without Mindo's express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. Mindo may assign this Agreement or any of its rights under this Agreement to any third party without your consent.

20. Notices
    1. Mindo may give any notice required by this Agreement by means of a general notice on the App, electronic mail to your email address on record with Mindo, or by written communication sent by first class mail or pre-paid post to your address on record with Mindo.

21. Remedies
    1. Mindo's remedies for any breach of this Agreement by you will include damages, injunctive relief, specific performance, and restitution. You acknowledge that any breach of this Agreement by you would cause irreparable injury to Mindo for which monetary damages would not be an adequate remedy and, therefore, Mindo will be entitled to injunctive relief (including specific performance). The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

22. Waiver
    1. All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

23. Force Majeure
    1. In no event shall Mindo be responsible or liable for any failure or delay in the Servicesof its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, global pandemic, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Mindo shall use reasonable efforts which are consistent with accepted practices in the relevant industry to resume performance as soon as practicable under the circumstances.

24. Feedback
    1. In the event that you provide Mindo with any feedback regarding the Platform or the Service, including, without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the Platform or the Service (collectively, “Feedback”), you hereby assign to Mindo all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate. You recognize that Mindo is not responsible for compensating you in any way for your feedback.

25. Report or Contact Us
    1. If you have any concerns or questions regarding our services, please contact us at mandugor@gmail.com