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 Terms of Services

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Last Revised: 2021-08-16

OVERVIEW

This Terms of Service Agreement (“Agreement”) is entered into by and between First Project, registered as IDeepeners Pvt. Ltd. , India (“Company”) and you, and is made effective as of the date of your use of this website https://minstein.com/ (“Site”) or the date of electronic acceptance.

This Agreement sets forth the general terms and conditions of your use of the https://minstein.com/ as well as the products and/or services purchased or accessed through this Site (the “Services”).Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement our Privacy policy. The terms “we”, “us” or “our” shall refer to Company. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.

Section 1 : Your Account 

You are solely responsible for all the activities that occur under your account, you are responsible for the security of your account along with any actions that occur in connection with your account.

Minstein  reserves the right to edit or remove any description or keyword it deems improper, illegal, or otherwise likely to expose Minsein to liability. You must not use your account in a deceptive or unlawful manner, including in an attempt to profit from the reputation or name of others.Any unauthorised use of your account or other security breaches must be reported to Minstein immediately. Minstein is not responsible for Your actions or omissions, including any damages suffered as a result of such actions or omissions.

Section 2 : Fees and Payment :

By selecting a paid plan you agree to pay monthly subscription fees to Minstein indicated for corresponding service. Once a subscription period ends, all corresponding services will discontinue. 

Section 3 : Refund : 

Minstein provides a 30 day free-trial. Due to such transparency, there is no refund policy.

Section 4 : Rules of User Conduct 

By using this Site You acknowledge and agree that:

  • Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.


You will not use this Site in a manner that:

  • Is illegal, or promotes or encourages illegal activity.
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network
  • hacking or cracking;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty
  • of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files
  • or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the
  • functionality of any software or hardware.
  • You will not:
  • copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
  • modify or alter any part of this Site or any of its related technologies,
  • access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.
Section 4 : Cancellation : 

You can cancel your paid subscription anytime. 

1. For Shopify Service -> You can delete the app directly from your Shopify Admin section or you can request us at hello@minstein.com or navigate through the settings section of the application to deactivate or delete your plan. 

2. Similarly for Instagram Analytics service you can delete your subscription by setting section of active service profile
Once the subscription ends, you will not be charged for any upcoming subscriptions.

Section 5 : Support 

You can get a support by mailing to hello@minstein.com or messaging in the support chat box or if there is any issue, you can raise a ticket here.

Section 6 : Responsibility of Website Visitors 

Minstein can not review all the materials posted in Minstein website and therefore not responsible for any material content, use and its effects. You are responsible for protecting your computer or system for any type of viruses, worms, Trojen horses or any destructive content. Minstein disclaims any responsibility for any harm resulting from use by visitors of our website or their downloading of content placed there.

Section 7 : Content Posted on Other Websites – 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which minstein.com

links, and that link to minstein.com. Minstein does not have any control over those non-Minstein websites and webpages, and is not responsible for their contents or their use. By linking to a non-Minstein website or webpage, Minstein does not represent or imply that it endorses such website or webpage.

Section 8 : Copyright Infringement Policy :

Minstein respects the intellectual property rights of others and expects others to respect its intellectual property rights as well. If you find any material found on Minstein website or linked by Minstein to be violating your copyright, we ask you to notify Minstein about this. Minstein will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material

Section 9 : Intellectual Property

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. Your use of the Platform grants you no right or license to reproduce or otherwise use any Minstein or third-party trademarks.

Section 10 : Availability of our Website

We will try to make our Web Site available but cannot guarantee that our Web Site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Web Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device

Section 11 : Links to other Website

This Site may contain links to third-party websites that are not owned or controlled by the Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, the Company does not censor or edit the content of any third-party websites. By using this Site you expressly release Company from any and all liability arising from your use of any third-party website.

Accordingly, the Company encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Section 12 . Data Transfer

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

Section 13 : Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 14 :  Termination of Service

You may stop using the Service at any time by closing your Account, or ceasing to use the Service. In such an event, you will not be entitled to any refund of any fees that you have paid prior to you ceasing to use the Service.

Minstein reserves the right in its sole discretion to cease or suspend providing all or any part of the Service immediately without any notice to you, if: (a) you breach, or threaten or intend to breach, these Terms; (b) Minstein is required to do so under any applicable law, rule or regulation, including, without limitation, the CAN-SPAM Act; (c) the Service relies on data, services or another business relationship between Minstein and a third party service provider, and such relationship terminates or changes in such a way that affects Minstein’s ability to continue providing the Service; (d) continuing to provide the Service could create a substantial economic burden on Minstein as determined by Minstein in its sole discretion; or (e) continuing to provide the Service could create a security risk or material technical burden as determined by Minstein in its sole discretion.

Section 15 : Disclaimer of Warranties

1. We do not guarantee, represent or warrant in any manner that your use of our Services will be uninterrupted, timely, secure or error-free.
2. We do not warrant in any manner that the results that may be obtained from the use of the Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the content obtained from the Services or the output from the Services is solely at your own judgement and risk, and you shall not hold the Company liable for the same in any manner whatsoever.

Section 16 : Limitation of Liability 

1. In no case shall the Company, its affiliate entities, directors, officers, employees, affiliates,agents, contractors, interns, suppliers, service providers or licensors be liable for any injury,loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data,replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products or services procured using the Services, or for any other claim related in any manner to your use of the Services, including, but not limited to, any errors or omissions in any content,or any loss or damage of any kind incurred as a result of the use of the Services or any content(or product) posted, transmitted, or otherwise made available via the Services or on thePlatform, even if advised of their possibility.

2. No agent, or employee of the Company is authorized to make any modification, extension, oraddition to the warranty extended by the Company to you with respect to any of its products or Services.

Section 17 : General Representation and Warranty

You represent and warrant that (i) your use of the Platform will be in strict accordance with the Minstein Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Platform will not infringe or misappropriate the intellectual property rights of any third party.

Section 18 : Indemnification 

Customer will defend, indemnify and hold harmless Minstein, its parents, subsidiaries, affiliates and their employees, officers, directors, representatives, contractors, customers, business partners, successors and assigns (“Minstein Indemnitees”) from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement..

Section 19 : External Resources

The Platform may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Minstein is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

Section 20 : Security

The security of information transmitted through the Internet can never be guaranteed. Minstein hereby disclaims all liability for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of Minstein sites. In order to protect you and your data, Minstein may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.

Section 21 : Governing Law : Dispute Resolution

This Agreement constitutes the entire agreement between Minstein and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Minstein, or by the posting by Minstein of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Platform will be governed by the laws of the state of Rajasthan, India, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Rajasthan, India.The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Minstein may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.

Section 22 Titles and Headings

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

Section 23 : Severability

Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Section 24 : Contact Information 

If you have any questions about this Agreement, please contact us by email at hello@minstein.com