TERMS AND CONDITIONS
Last updated: 2021-03-01
1. Introduction
Welcome to MoldingMind (Company, we, our, us)!
These Terms of Service (Terms, Terms of Service) govern your use of our website located at
https://moldingmind.com (together or individually Service) operated by MoldingMind .
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and
disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (Agreements). You acknowledge
that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please
let us know by emailing at info@moldingmind.com so we can try to find a solution. These Terms apply to
all visitors, users and others who wish to access or use Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of these communications from
us by following the unsubscribe link or by emailing at info@moldingmind.com.
3. Purchases
If you wish to purchase any product or service made available through Service (Purchase), you may be
asked to supply certain information relevant to your Purchase including but not limited to, your credit or
debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in
connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of
Purchases. By submitting your information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:
product or service availability, errors in the description or price of the product or service, error in your order
or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is
suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, Promotions) made available through Service
may be governed by rules that are separate from these Terms of Service. If you participate in any
Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on
a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of
subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same
conditions unless you cancel it or MoldingMind cancels it. You may cancel your Subscription renewal either
through your online account management page or by contacting info@moldingmind.com customer support
team.
A valid payment method is required to process the payment for your subscription. You shall provide
MoldingMind with accurate and complete billing information that may include but not limited to full name,
address, state, postal or zip code, telephone number, and a valid payment method information. By submitting
such payment information, you automatically authorize MoldingMind to charge all Subscription fees
incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, MoldingMind reserves the right to terminate your
access to the Service with immediate effect.
6. Free Trial
MoldingMind may, at its sole discretion, offer a Subscription with a free trial for a limited period of time
("Free Trial").
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by
MoldingMind until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription
you have selected.
At any time and without notice, MoldingMind reserves the right to (i) modify Terms of Service of Free Trial
offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
MoldingMind, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions.
Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
MoldingMind will provide you with a reasonable prior notice of any change in Subscription fees to give you
an opportunity to terminate your Subscription before such change become effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to
pay the modified Subscription fee amount.
8. Refunds
We issue refunds for Contracts within 15 days of the original purchase of the Contract.
9. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text,
graphics, videos, or other material (Content). You are responsible for Content that you post on or through
Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it)
and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms,
and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to
terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and
you are responsible for protecting those rights. We take no responsibility and assume no liability for Content
you or any third party posts on or through Service. However, by posting Content using Service you grant us
the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through Service. You agree that this license includes the right for us to make your Content
available to other users of Service, who may also use your Content subject to these Terms.
MoldingMind has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of MoldingMind or used with
permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content,
whether in whole or in part, for commercial purposes or for personal gain, without express advance written
permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing
them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any junk
mail, chain letter, spam, or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other
person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or
harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyones use or enjoyment of Service, or which,
as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with
any other partys use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose,
including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized
purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or
technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the
server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
11. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
12. No Use by Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or
using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full
authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of
Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of
Service.
13. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the
information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not
limited to the restriction of access to your computer and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account and/or password, whether your password is
with our Service or a third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use,
a name or trademark that is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our
sole discretion.
14. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and
will remain the exclusive property of MoldingMind and its licensors. Service is protected by copyright,
trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any
product or service without the prior written consent of MoldingMind.
15. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content
posted on Service infringes on the copyright or other intellectual property rights (Infringement) of any
person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has
been copied in a way that constitutes copyright infringement, please submit your claim via email to
info@moldingmind.com, with the subject line: Copyright Infringement and include in your claim a
detailed description of the alleged Infringement as detailed below, under DMCA Notice and Procedure for
Copyright Infringement Claims
You may be held accountable for damages (including costs and attorneys fees) for misrepresentation or
bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
16. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our
Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyrights interest;
0.2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web
page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. Identification of the URL or other specific location on Service where the material that you claim is
infringing is located;
0.4. Your address, telephone number, and email address;
0.5. 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;
0.6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owners behalf.
You can contact our Copyright Agent via email at info@moldingmind.com.
17. Error Reporting and Feedback
You may provide us either directly at info@moldingmind.com or via third party sites and tools with
information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints,
and other matters related to our Service (Feedback). You acknowledge and agree that: (i) you shall not
retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
(ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain
confidential information or proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the
ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its
affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right
to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in
any manner and for any purpose.
18. Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by
MoldingMind.
MoldingMind has no control over, and assumes no responsibility for the content, privacy policies, or
practices of any third party web sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR
LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO
BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT,
GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES
OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF
ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
19. Disclaimer of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN AS IS AND AS AVAILABLE BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR
MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE
SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT
YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT
LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH
COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE
SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
20. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
ATTORNEYS FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR
PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF
ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF
COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF
COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR
PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
21. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or
liability, under our sole discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of Pakistan, which governing law
applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our
Service and supersede and replace any prior agreements we might have had between us regarding Service.
23. Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service,
in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is
unavailable at any time or for any period. From time to time, we may restrict access to some parts of
Service, or the entire Service, to users, including registered users.
24. Amendments to Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to
review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree
to the changes. You are expected to check this page frequently so you are aware of any changes, as they are
binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by
the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
25. Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to
assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal
or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such
that the remaining provisions of Terms will continue in full force and effect.
26. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT
YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please send your feedback, comments, and requests for technical support by email:
info@moldingmind.com .