1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Mintimate, Inc. ("Mintimate," "we," "our," or "us") governing your access to and use of the Mintimate mobile application, website, and any related services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. If you are accessing or using the Service on behalf of a business or entity, you represent and warrant that you have the authority to bind that business or entity to these Terms.
2. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date at the top. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.
We may also provide additional notice of significant changes, such as via email or in-app notifications. For material changes to these Terms, we will make reasonable efforts to provide at least 30 days' notice before the changes take effect.
3. Account Registration and Requirements
To use certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to maintain its accuracy.
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
4. User Content and Conduct
Our Service allows you to create a profile, post information about your professional services, and communicate with other users. You are solely responsible for all content that you upload, post, email, transmit, or otherwise make available via the Service ("User Content").
You agree not to use the Service to:
- Upload or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
- Upload or transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights
- Upload or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation
- Upload or transmit any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Violate any applicable local, state, national, or international law
We reserve the right, but are not obligated, to monitor and review User Content on the Service and to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.
5. Service Description
Mintimate provides a platform that connects professionals who offer consultation services with individuals seeking those services. The Service includes features such as:
- Creating professional profiles with service details and pricing
- Location-based discovery of professionals
- Scheduling and booking consultations
- In-app messaging between users
- Payment processing for consultations
Mintimate is not a provider of professional services and does not endorse or guarantee the quality, safety, or legality of services offered by professionals on the platform. We do not verify the qualifications, licenses, or credentials of professionals, except as specifically indicated on the Service.
We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
6. Payments and Fees
Professionals may set their own rates for services offered through the platform. When a service seeker books a consultation, they agree to pay the specified rate plus any applicable service fees charged by Mintimate.
Mintimate charges service fees to professionals for completed consultations. These fees are calculated as a percentage of the total consultation fee and are deducted from the professional's earnings before payout.
All payments are processed through our third-party payment processors. By using the Service, you agree to be bound by the terms of service of our payment processors. You are responsible for paying all fees and applicable taxes associated with your use of the Service.
We reserve the right to change our fee structure at any time. If we change our fees, we will provide notice of the change on the website or in the app, at least 30 days before the change takes effect.
7. Cancellations and Refunds
Cancellation policies for consultations are set by professionals and should be clearly communicated in their profiles. Service seekers are responsible for reviewing these policies before booking a consultation.
If a service seeker cancels a consultation, the refund amount will be determined based on the professional's cancellation policy and the timing of the cancellation. Mintimate service fees may not be refundable in certain circumstances.
If a professional cancels a confirmed consultation, the service seeker will receive a full refund, including any Mintimate service fees. Professionals who repeatedly cancel confirmed consultations may be subject to penalties, including account suspension.
In the event of a dispute regarding a consultation, Mintimate reserves the right to make the final decision regarding refunds, in accordance with our Refund Policy.
8. Intellectual Property Rights
The Service and its original content, features, and functionality are owned by Mintimate and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
By submitting User Content to the Service, you grant Mintimate a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing the Service. This license ends when you delete your User Content or your account, except to the extent that your content has been shared with others and they have not deleted it.
You represent and warrant that you own or have the necessary rights to grant us the license to use all User Content you submit through the Service.
9. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MINTIMATE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MINTIMATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY PROFESSIONALS, SERVICES, OR OTHER CONTENT OBTAINED THROUGH THE SERVICE.
YOU ACKNOWLEDGE THAT MINTIMATE DOES NOT SCREEN OR VERIFY THE QUALIFICATIONS OF PROFESSIONALS, NOR DOES IT VERIFY THE CONTENT OF PROFESSIONALS' PROFILES, EXCEPT AS SPECIFICALLY INDICATED ON THE SERVICE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINTIMATE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.
UNDER NO CIRCUMSTANCES WILL MINTIMATE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
MINTIMATE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR (VI) ACTIONS OR OMISSIONS OF ANY PROFESSIONALS OR OTHER THIRD PARTIES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MINTIMATE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
11. Indemnification
You agree to defend, indemnify, and hold harmless Mintimate, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
12. Termination
We may terminate or suspend your account and bar access to the 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 the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the app settings. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, 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.
14. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
You agree that any arbitration shall be limited to the dispute between you and Mintimate individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Notwithstanding the foregoing, you agree that Mintimate may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
15. General Terms
These Terms constitute the entire agreement between you and Mintimate regarding the Service and supersede all prior and contemporaneous written or oral agreements between you and Mintimate.
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 do not create any agency, partnership, joint venture, or employment relationship, and you may not present yourself as a representative, agent, or employee of Mintimate.
We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment or delegation by you is void.
