Terms of Service
Here’s what our Terms of Service are all about.
By using MindStaq, you agree to be bound by these Terms of Service.
Your data is your data. However, to let us provide you with MindStaq, you have to grant us a license to display, store and work with your data.
Other users won’t see your data unless you let them.
You can’t use MindStaq to break the law, harass someone or spread spam or malware.
Don’t try to hack MindStaq.
If a dispute arises, we will resolve it using an independent arbitrator, not in court.
Please be sure to read the full Terms of Service, though, because they are actually what governs your use of MindStaq.
1. Acceptance of Terms.
These Terms of Service, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 8 (the “ToS”), are terms you must accept in order to use MindStaq. This document describes both your rights and your obligations as part of using MindStaq. It is important that you read it carefully because you are legally bound to these terms by using MindStaq. MindStaq is a product of Citta LLC and any reference in these ToS to “Citta,” “we,” “us” or “our” refers to Citta LLC.
Each time you use MindStaq, you:
Affirm that you are using MindStaq from the United States and agree that no other country’s laws shall apply to your use or our provision of MindStaq.
Affirm that you will not use MindStaq for any governmental agency.
Affirm that affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) and that you are fully able and competent to enter into and comply with these ToS. Otherwise, if you are under 18 years of age, but over 13 years of age, you may use MindStaq only if you have legal parental or guardian consent to accept these ToS and are fully able to abide by them. MindStaq is not directed to children under 13 and may not be used by someone who is under 13 years of age.
Agree not to store any personal data or information from someone who is under 13 years of age.
Agree that you will not use MindStaq to store any data that is potentially subject to the protections of the Health Insurance Portability and Accountability Act (e.g., medical records) or the Financial Services Modernization Act (e.g., financial data).
As our business evolves, we may change these ToS. If we make a material change to the ToS, we will provide you with reasonable notice prior to the changes by emailing the email address associated with your account and/or by posting a conspicuous notice on the MindStaq home page. You can review the most current version of the ToS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use MindStaq after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this ToS is not acceptable to you, your only remedy is to cancel your account and stop using MindStaq. To cancel your account, please send the account termination request to email@example.com.
We reserve the right to modify or discontinue MindStaq or any feature or functionality thereof at any time without notice to you.
2. Access and Use of MindStaq.
You may access and use MindStaq only for lawful, authorized purposes and you shall not misuse MindStaq in any manner (as determined by us in our sole discretion). See Section 4 for specific provisions outlining prohibited uses of MindStaq. You shall comply with any codes of conduct, policies, storage limitations, or other notices we provide you or publish in connection with MindStaq from time to time, but if any of those policies materially change the ToS, we will provide you with reasonable notice as described in Section 1 above. You shall promptly notify us if you learn of a security breach related to MindStaq.
Any software that may be made available by us or on our behalf, including any mobile application, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these ToS, we only grant you a personal, revocable, non-transferrable, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with using MindStaq. Any rights not expressly granted herein are reserved.
We reserve the right to use your name as a reference for marketing or promotional purposes or in communication with existing or potential MindStaq customers. For example, we might list your company on one of our webpages in a list of MindStaq customers. We don’t want to list customers who don’t want to be listed, so you may send an email to firstname.lastname@example.org stating that you do not wish to be used as a reference.
3. Your Data Rights and Related Responsibilities.
The data and information you create and upload to MindStaq is yours. However, in order for us to provide you with MindStaq, we require that you grant us certain rights with respect to your data. For example, we need to be able to transmit, store and copy your data in order to display it to you and users you choose to share it with; to parse, divide, mark up and allocate your data using our proprietary storage technologies to enable many of the amazing data manipulation tools MindStaq offers; to index it so you are able to search it; and so on. Your acceptance of these ToS gives us the permission to do so and grants us any such rights necessary to provide MindStaq to you, only for the purpose of providing MindStaq (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services, Cloudinary, etc.) in the operation and administration of MindStaq and the rights granted to us are extended to these third parties to the degree necessary in order for MindStaq to be provided.
You also grant us permission to generate, store and use usage data that describes how, when and where you use MindStaq. We may choose to share your usage data for marketing and advertising. For example, we may at some point advertise that MindStaq has XX registered users who spend an average of YY hours on MindStaq per day and have so far collectively stored ZZ terabytes of data with MindStaq. Your usage data may also be used by us or a third party to improve the relevance of advertising that may be directed to you.
Limited by the selections you make in your account settings, you agree to let us index and share some of your account information with other MindStaq users in order to allow them to be able to search for you. This information may include, for example, your legal name, MindStaq username, affiliated business, etc.
If you send us any feedback or suggestions regarding MindStaq, you grant us an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
You are solely responsible for your conduct (including by and between all users), the content of your data, and all communications with others while using MindStaq. We are not responsible for the accuracy, appropriateness, or legality of your data or any other information you may be able to access using MindStaq. MindStaq provides features that allow you to share your data and other materials with others. Please consider carefully what you allow to be shared or made public.
You represent and warrant to us that you own all your data or have obtained all permissions, releases, rights or licenses required to engage in your activities (and grant us the rights and licenses described herein) using MindStaq without obtaining any further releases or consents. You also represent and warrant to us that your data and your activities using MindStaq, and our exercise of all rights and licenses granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does your data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
4. Prohibited Uses
You agree not to:
upload, post, transmit, or otherwise make available any of your data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
upload, post, transmit, or otherwise make available any of your data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, transmit or otherwise make available any of your data in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
impersonate any person or entity, including, but not limited to, a MindStaq or Citta employee, another MindStaq user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
use MindStaq to “stalk,” harass, or otherwise violate the privacy of another;
use MindStaq to harm minors in any way;
manipulate your data in order to disguise the origin of any of your data;
sublicense, resell, rent, lease, transfer, loan or assign (except as permitted in Section 14) MindStaq or its use, or offer MindStaq on a time share or any other basis to any third party;
use MindStaq to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
use MindStaq to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
disrupt the normal operation of MindStaq, or otherwise act in a manner that negatively affects other users’ ability to use MindStaq;
interfere with or disrupt MindStaq or servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected thereto, including using any device or software;
modify, adapt, or hack MindStaq, including by using any non-public MindStaq APIs, or otherwise attempt to gain unauthorized access to MindStaq or its related systems or networks;
probe, scan, or test the vulnerability of any MindStaq system or network or breach any security or authentication measures;
access, tamper with, or use non-public areas of MindStaq, MindStaq’s computer systems, or the technical delivery systems of MindStaq’s providers;
decipher, decompile, disassemble or reverse engineer any of the software used to provide MindStaq;
access or search MindStaq or download any intellectual property from MindStaq through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of MindStaq, including, but not limited to, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
use MindStaq to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above; and/or
encourage or enable any other individual to do any of the above.
You acknowledge that Citta and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of your data that you add to MindStaq. If, for instance, you upload files that do not belong to you and make these files available to others without permission of the files’ owner, we can delete those files. We may also review your data transmitted or shared through MindStaq where and when we deem appropriate, including for violations of these ToS or in response to a user complaint. Without limiting the foregoing, Citta and its designees shall have the right to remove any of your data that violates these ToS or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of your data, including any reliance on the accuracy, availability, completeness, or usefulness of your data.
You acknowledge, consent and agree that we may access, preserve and disclose your account information and your data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the ToS; (iii) respond to claims that any of your data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of MindStaq or Citta, MindStaq users and the public.
5. Term; Termination.
These ToS will continue in full effect unless and until your account or these ToS are terminated as described herein. To cancel your account, please send the account termination request to email@example.com.
We reserve the right to deactivate and delete your account and terminate these ToS at any time for any reason, or no reason, with or without notice. Without limiting the foregoing, we may, in our sole discretion, publish policies whereby we delete your account for prolonged inactivity. Upon any termination of these ToS, we will have no obligation to maintain or provide your data.
6. Disclaimer of Warranties.
MindStaq may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but we will use reasonable efforts to provide advance notice of any material scheduled service disruption. Further, you understand that your data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to MindStaq. Additionally, while we take steps to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, we do not guarantee that these transmissions will be encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your data. We will have no liability to you for any unauthorized access or use of any of your data, or any corruption, deletion, destruction or loss of any of your data.
MINDSTAQ AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT MINDSTAQ WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MINDSTAQ, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM US OR THROUGH MINDSTAQ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE ToS.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE ToS BETWEEN YOU AND CITTA, AND YOU AND CITTA HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE ToS.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Dispute Resolution/Arbitration.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of MindStaq or these ToS, and the formation, validity, enforceability, scope, or applicability of these ToS, including this Section 8 (referred to as a “Claim”) will be resolved as follows:
Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in the Exceptions section below) for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You will send your notice by email to firstname.lastname@example.org AND to the address listed directly below. We will send your notice by email to the email address associated with your account.
421 Seventh Avenue,
New York, NY 10001
Formal Resolution. Except as provided in the Exceptions section below, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these ToS. If there is a conflict between JAMS Rules and the rules set forth in these ToS, the rules set forth in these ToS will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In arbitration, you may seek any and all remedies otherwise available to you pursuant to your state’s law.
Individuals. If you are an individual user and you decide to initiate arbitration on your own behalf as a living person, you will be required to pay the arbitration initiation fee as well as any additional deposit required by JAMS to initiate your arbitration. The costs of the arbitration as well as other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:
Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
500 North State College Blvd., Suite 600
Orange, CA 92868
Send one copy of the demand for arbitration to us at the U.S. mailing address noted above.
Legal Entities. If you decide to initiate arbitration on behalf of the company or legal entity you represent, you will be required to pay the arbitration initiation fee as well as any additional deposit required by JAMS to initiate your arbitration. You also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:
Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at .
Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
500 North State College Blvd., Suite 600
Orange, CA 92868
Send one copy of the demand for arbitration to us at the U.S. mailing address noted above.
Additional Rules. In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 8 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.
Exceptions. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this section shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of MindStaq, including disputes involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction. You may also assert an individual action in small claims court in lieu of arbitration.
Right to Opt Out. If you are a registered MindStaq user, you have the right to opt-out and not be bound by the binding arbitration requirement, however to do so you must cancel your account and stop using MindStaq. To cancel your account, please send the account termination request to email@example.com. If you opt-out of the binding arbitration requirement, MindStaq also will not be bound by the requirement.
Changes to this Section. MindStaq will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.
9. Statute of Limitations.
Regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint of yours pertaining to any Claim or cause of action arising out of or related to use of MindStaq or under the ToS must be noticed to MindStaq within one (1) year after such Claim or cause of action arose or be forever barred, regardless of when the Claim or cause of action was discovered or could have been discovered. For your Claims pursuant to the exceptions identified in the Exceptions of section 8 above, these Claims must be filed with the appropriate court within three (3) years after such claim or cause of action arose or be forever barred, regardless of when the Claim or cause of action was discovered or could have been discovered.
10. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.
We respect the intellectual property of others, and we require MindStaq users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of our users who may be repeat infringers. We follow the safe harbor provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). As such, we will respond to written notification of copyright infringements in accordance with the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the MindStaq site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows - by mail:
c/o Citta LLC
421 Seventh Avenue, Suite 810
New York, NY 10001
By email: firstname.lastname@example.org
You shall defend, indemnify, and hold harmless Citta from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these ToS, any of your data, or your use or misuse of MindStaq. We shall provide notice to you of any such claim, suit or demand. We reserve the right to conduct the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matters.
If any provision of these ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these ToS will otherwise remain in full force and effect and enforceable.
13. Integration, Modification, and Authority.
You may not assign these ToS without our prior written consent, except, if you are a company or other legal entity, you may assign these ToS in connection with a merger, re-organization or acquisition of all or a substantial portion of your assets by another company, but only upon 30-days prior notice to us. We may assign or transfer these ToS, in whole or in part, without restriction.
Except as otherwise set forth herein, all notices under these ToS must be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
16. Choice of Law and Forum.
These ToS and the relationship between the parties shall be governed by the laws of the State of New York without regard to its conflict of law.
17. Waiver and Severability of Terms.
The failure of Citta to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision.
18. No Right of Survivorship and Non-Transferability.
If you are a living person, you agree that your account is non-transferable and your rights to the content within your account terminate upon your death.
19. Our Intellectual Property.
You acknowledge that MindStaq is protected by patent, copyright, trademark, and other laws of the United States and foreign countries. All rights, title and interest in and to MindStaq and its components (including all intellectual property rights) will remain with and belong exclusively to Citta. You agree not to remove, alter or obscure any patent, copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying MindStaq.
Citta grants you a limited, non-exclusive, non-transferable, revocable license to view, use, and display MindStaq. This license is for the sole purpose of enabling you to use and enjoy the benefit of MindStaq, in the manner permitted by these ToS. You may not copy, modify, distribute, sell, or lease any part of MindStaq, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in MindStaq may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.