Terms of Service

Acceptance of Terms

Welcome to mindshiftes. These Terms of Service ("Terms") govern your use of our website located at mindshiftes.world and our data analytics services provided by mindshiftes GmbH ("Company", "we", "our", or "us"). By accessing or using our website and services, you ("User", "you", or "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

Description of Services

mindshiftes provides data analytics services including but not limited to:

Data integration and management solutions
Business intelligence and reporting services
Machine learning and artificial intelligence solutions
Data strategy consulting
Analytics training and support services
Custom data analytics solutions

The specific terms for each service engagement will be detailed in separate service agreements or statements of work.

User Obligations

By using our website and services, you agree to:

Provide accurate and complete information when requested
Use our services only for lawful purposes and in accordance with these Terms
Not interfere with or disrupt our website or services
Not attempt to gain unauthorised access to our systems or networks
Respect the intellectual property rights of mindshiftes and third parties
Comply with all applicable laws and regulations
Maintain the confidentiality of any login credentials or access information

Prohibited Uses

You may not use our website or services:

For any unlawful purpose or to solicit others to perform unlawful acts
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
To submit false or misleading information
To upload or transmit viruses or any other type of malicious code
To spam, phish, pharm, pretext, spider, crawl, or scrape
For any obscene or immoral purpose

Intellectual Property

The website and services, including all content, features, functionality, information, software, text, displays, images, video, audio, design, presentation, selection, and arrangement, are owned by mindshiftes, its licensors, or other providers and are protected by German and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use our website and services for their intended purpose. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.

Data and Confidentiality

We understand that our clients may provide us with confidential and proprietary information in connection with our services. We are committed to maintaining the confidentiality of such information and will use it solely for the purpose of providing our services. Our handling of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Any data processing activities will be conducted in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.

Payment Terms

For our paid services:

Payment terms will be specified in individual service agreements
All prices are quoted in Euros (EUR) unless otherwise specified
Payments are due within 30 days of invoice date unless otherwise agreed
Late payment may result in suspension of services and additional charges
All prices exclude applicable taxes unless otherwise stated

Service Availability

While we strive to ensure our website and services are available 24/7, we do not guarantee uninterrupted availability. We reserve the right to modify, suspend, or discontinue any part of our website or services at any time without notice. We may perform maintenance that temporarily limits access to our services.

Limitation of Liability

To the fullest extent permitted by applicable law, mindshiftes shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our website or services, even if we have been advised of the possibility of such damages.

Our total liability to you for all claims arising out of or relating to these Terms or our services shall not exceed the amount paid by you to mindshiftes in the twelve (12) months preceding the event giving rise to liability.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless mindshiftes and its officers, directors, employees, agents, and affiliates 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 our website or services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles. The German courts, specifically the courts of Stuttgart, Baden-Württemberg, shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or our services.

If you are a consumer within the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.

Dispute Resolution

Before initiating any formal legal proceedings, we encourage you to contact us directly to resolve any disputes. We are committed to working with our clients to resolve issues amicably and efficiently.

Termination

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms. Upon termination, your right to use our website and services will cease immediately.

You may terminate your use of our services at any time by discontinuing use of our website and services. Specific termination procedures for paid services will be outlined in individual service agreements.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website and services after those revisions become effective, you agree to be bound by the revised terms.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and mindshiftes regarding the use of our website and services, and supersede all prior and contemporaneous written or oral agreements between you and mindshiftes.

Contact Information

If you have any questions about these Terms, please contact us:

mindshiftes GmbH
Friedrichstraße 198
70777 Stuttgart
Baden-Württemberg, Germany

Email: legal@mindshiftes.world
Phone: +49 711 5923819