Terms

Terms and conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the
“Mindtastik” mobile application (“Mobile Application” or “Service”) and any of its related products and services
(collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and ATN
Marketing SRL (“ATN Marketing SRL”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a
business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in
which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you
do not agree with the terms of this agreement, you must not accept this agreement and may not access and
use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you
acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You
acknowledge that this Agreement is a contract between you and ATN Marketing SRL, even though it is
electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
Accounts and membership
You must be at least 13 years of age to use the Mobile Application and Services. By using the Mobile
Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 13
years of age. If you create an account in the Mobile Application, you are responsible for maintaining the
security of your account and you are fully responsible for all activities that occur under the account and any
other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts
before you may sign in and start using the Services. Providing false contact information of any kind may result
in the termination of your account. You must immediately notify us of any unauthorized uses of your account or
any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of
any kind incurred as a result of such acts or omissions.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in
effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have
subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment,
your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid
government-issued photo identi몭cation, and possibly a copy of a recent bank statement for the credit or debit
card used for the purchase. We reserve the right to change products and product pricing at any time.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical errors,
inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if any information in the
Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted
your order). We undertake no obligation to update, amend or clarify information in the Mobile Application
including, without limitation, pricing information, except as required by law. No speci몭ed update or refresh date
applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or
Services has been modi몭ed or updated.
Uptime guarantee
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does
not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake
from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service
functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to
the reliability of certain programming environments.
Links to other resources
Although the Mobile Application and Services may link to other resources (such as websites, mobile
applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship,
endorsement, or a몭liation with any linked resource, unless speci몭cally stated herein. We are not responsible for
examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of
their resources. We do not assume any responsibility or liability for the actions, products, services, and content
of any other third parties. You should carefully review the legal statements and other conditions of use of any
resource which you access through a link in the Mobile Application. Your linking to any other off-site resources
is at your own risk.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in
or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right
to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case
whether registered or unregistered and including all applications and rights to apply for and be granted, rights
to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other
results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This
Agreement does not transfer to you any intellectual property owned by ATN Marketing SRL or third parties, and
all rights, titles, and interests in and to such property will remain (as between the parties) solely with ATN
Marketing SRL. All trademarks, service marks, graphics and logos used in connection with the Mobile
Application and Services, are trademarks or registered trademarks of ATN Marketing SRL or its licensors. Other
trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services
may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no
right or license to reproduce or otherwise use any of ATN Marketing SRL or third party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will ATN Marketing SRL, its a몭liates, directors,
o몭cers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special,
punitive, cover or consequential damages (including, without limitation, damages for lost pro몭ts, revenue, sales,
goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of
business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort,
warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the
possibility of such damages or could have foreseen such damages. To the maximum extent permitted by
applicable law, the aggregate liability of ATN Marketing SRL and its a몭liates, o몭cers, employees, agents,
suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any
amounts actually paid in cash by you to ATN Marketing SRL for the prior one month period prior to the 몭rst
event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does
not fully compensate you for any losses or fails of its essential purpose.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any
time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also
provide notice to you in other ways at our discretion, such as through the contact information you have
provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement
unless otherwise speci몭ed. Your continued use of the Mobile Application and Services after the effective date
of the revised Agreement (or such other act speci몭ed at that time) will constitute your consent to those
changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing
and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to
abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and
Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, please contact us.
This document was last updated on March 1, 2019