Terms of Service

1. General

Welcome to Mynn.

These Terms of Service cover your use of the Mynn website and the Mynn mobile applications (together, the "Service") as operated and made available to you by Mynn.

Your use of the Service is conditioned on your acceptance of and compliance with these Terms of Service, and subject to the Mynn Privacy Policy, which is incorporated by reference into these Terms of Service.

Your use of the Service will constitute your full acceptance of these Terms of Service.

2. Beta Notice

The Service is currently in a beta phase. During this time, the Service will undergo changes especially frequently. Mynn does not guarantee the availability of the Service at any given point in time and does not offer any guarantees with regard to the amount of Service downtime.

3. Using Mynn

You may only use our Service if you (1) have the power to form a binding contract with Mynn, in compliance with these terms and all applicable laws and regulations and (2) are at least 16 years of age. By using our Service, you agree to, at all times, provide us with true, accurate and complete registration information.

You understand that you are solely responsible and liable for the use of your account, as well as for any actions that occur and take place through your account.

Please note that it is not possible to change an account's email address on request for security reasons, which means extra care from your side is needed to ensure that (1) your primary e-mail address is always up-to-date and (2) you have set a backup e-mail address which can be used in case you lose access to your primary address. Mynn is not liable for any omissions from your side which cause you to lose access to your account, including any damages of any kind incurred as a result of such omissions.

Your account is personal to you and non-transferable. In case your account is used by others or your account security is endangered in any other way, including but not limited to, for example, phishing attempts, you must immediately notify Mynn through one of our non-public support channels. This is the quickest way to resolve security issues and this helps us safeguard the platform.

4. Content

If you post, upload, and/or contribute (to) any kind of material ("Content") within the Service in any way, you are fully responsible for the content of, and any harm resulting from, that Content or your conduct. You represent that you have the right to make this Content available to the Service, and that this content, as well as its use by Mynn, does not violate these terms, any applicable law or regulation, or intellectual property rights of others. You grant Mynn a transferable, royalty-free, irrevocable, worldwide, non-exclusive license to any user content that you generate in connection with Mynn.

You acknowledge and agree that Content on Mynn can be made available according to the provided visibility and privacy settings. You understand that certain types of contributions might be deletable by you and certain types might not be. If a certain content item is not deletable, it is possible to have it anonymized. You understand that if you choose to delete or anonymize Content, it might take several hours, and in some cases, more time to fully delete or anonymize this Content, for technical reasons such as, but not limited to, caching or certain deletion procedures.

You acknowledge that our privacy and sharing settings only allow you to be in control of your own Content, not the Content of others. However, if you feel like Content by others infringes on your rights, we encourage you to report this Content through one of our support channels or through the Service's report functionality where provided. We cannot promise to remove or disable any specific Content item.

Mynn encourages you to participate and interact with the Service in a positive manner. There are currently no set "Community Guidelines" which determine in fine detail what Content is appropriate or inappropriate on Mynn. You understand that our staff will take action where needed to make sure the educational and professional nature of the platform is preserved. This applies to obvious cases where the Content in question is, for example, illegal or copyrighted, and to less obvious cases, such as certain types of discriminating or harassing content. We acknowledge there is a grey area where the removal of content can be debatable, but reserve the right to do so at our sole discretion. For no reason will we engage in any kind of deliberate censorship - our only reason for removing Content will be that it crosses the line. We aim to more explicitly define "the line" if necessary in the future.

Disclaimer

The information made available on Mynn serves an educational purpose. Mynn does not assume any responsibility for errors or omissions in the content available on the Service, especially in the case of, but not limited to, third-party content. Our Service contains external links to other websites or services not operated, controlled or owned by Mynn, sometimes as part of the Content contributed by other users. The content of these external websites or services is not controlled by Mynn. In no event will Mynn be liable for any damages whatsoever arising from the use or misuse of the content available on or through the Service. Information regarding health, fitness or nutrition should not be relied on as a substitute for or replacement of professional medical advice, diagnosis or treatment.

Inclusion of third-party content and the listing of specific sources or news events do not imply an endorsement by Mynn. Our Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.

Our Service may inadvertently contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties. While Mynn takes great care to remove this type of content as soon as possible, we cannot take any responsibility for any harm resultung from the use of this content by users of our Service. We ask you to report any infringing content to us as soon as reasonably possible.

Mynn does not guarantee the availability of the Service at any given point in time and does not offer any guarantees with regard to the amount of Service downtime.

5. Third-Party Applications

The Mynn Service is a platform that is integrated with third-party applications, websites and services (together, “Third-Party Applications”). If you choose to make use of functionality provided by one of these third parties - for example, using social sharing functionality - your use of these third-party applications is governed by the respective terms and privacy policies of these third parties. Additionally, we encourage you to read the terms of service of these third-party applications. You understand and agree that Mynn is not responsible or liable for the behaviour, features, or content of any third-party applications.

6. Trademarks

“Mynn” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of Mynn and their respective owners. Access, testing, and use of the Service does not grant or provide you with the right or license, to reproduce, or otherwise use the Mynn name, or any of our respective trademarks, service marks, graphics, or logos. The same applies to any trademarks, service marks, graphics, and logos of third parties that might appear within the Service.

7. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to you breaching these Terms of Service. 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. You can still manage your personal data, even if your access the rest of the Service is terminated or suspended. You might not be able to manage certain pieces or all of your personal data in the case of an ongoing investigation, either by us or, when necessary, law enforcement agencies.

8. General Representation and Warranty

You represent and warrant that your use of the Service will be conducted in accordance with Mynn’s Privacy Policy, these Terms of Service, as well as with any applicable laws and regulations. The Service will be used in accordance to any local laws or regulations in your country, state, city, or other governmental area. This includes, but not limited to, all applicable laws regarding proper online conduct, acceptable online content, and the transmission of technical data exported from the Netherlands and the United States, or the country in which you reside, as well as with any other applicable policy or terms and conditions.

9. Indemnification

You agree to defend, indemnify and hold harmless Mynn, its licensors, and any respective third parties against any and all claims and expenses, including attorneys' fees arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.

10. Limitation of Liability

In no event will Mynn, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Mynn shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Netherlands, and the venue for any disputes arising out of or relating to any part of the Service will be a court in the Netherlands.

12. Feedback

Mynn always welcomes suggestions, comments and feedback regarding, but not limited to, overall user experience, bug reports, usability, and test results (“Feedback” collectively). If you provide such Feedback to Mynn, you grant Mynn worldwide, non-exclusive, irrevocable, perpetual, royalty free, rights to incorporate and make active use, copy, modify, distribute and create derivative works of the feedback provided as part of any Mynn product, technology, service or other documentation.

You will not maliciously try to hack our systems, try to steal data from another user, or do any form of penetration testing without prior consent from Mynn staff. Depending on the situation and with good intentions, we are open to carrying out (security) tests in collaboration. We do require prior communication about it, so we can do it in an organized way that ensures the continued availability of our systems and infrastructure. In any case, should you come across a bug, you will not exploit it, but report it instead. Exploiting means, but is not limited to, downloading any more data other than the data you came across accidentally.

13. Language

The original version of this agreement is written in English. To the extent any translated version of this agreement conflicts with the English version, the original English version holds control.

14. Updates & Changes

You understand that we automatically update the Service without prior notice and that the Terms of Service apply to any version of the Service as made available by Mynn.

If any change made to the Service means that we have to change these Terms of Service, you will be provided notice before the changes go into effect, except when circumstances, determined at our sole discretion, make the providing of a notice impossible. We aim for a minimum of 14 days notice in the case of a small change and at least 30 days notice in case of a large change. What constitutes a small or a large change will be determined at our sole discretion.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

In any case, after a change, it is necessary for you to accept the changed version of the Terms of Service upon signing in for the first time after the change has been made. This ensures that you are always up-to-date on the latest revision of these Terms of Service.

15. Contact Information

If you have questions or wish to make any comments regarding these Terms of Service, please feel free to contact us at support@mynn.io or through our Support page.

Thank you for taking the time to read and respect Mynn’s Terms of Service. Welcome to the Mynn community!

Last revised: May 23, 2018