Terms of Service for Mint Service Desk Cloud

Terms of Service for Mint Service Desk Cloud

1. Agreement Overview

These Terms of Service, along with the Privacy Policy and the General Data Protection Regulation (EU) 2016/679 Compliance Statement, collectively form the "Agreement" between you (referred to as "Customer" or "User") and ITSM Software S.A. (referred to as "Company", "Mint Service Desk Cloud", "We"), located at Geodetow 1,35-328, Rzeszów, Poland, and registered with the National Court Register under the number KRS 0000908488 with tax identification number (NIP): PL 8133862101.

By accepting this Agreement, whether through accessing or using Mint Service Desk Cloud or by authorizing others to do so, you agree to be bound by its terms. You confirm that you are at least 18 years old and legally capable of entering into binding contracts.

If you accept this Agreement on behalf of a company or other legal entity, you affirm that you have the authority to bind that entity to this Agreement. In such cases, "Customer", "User", "You", and "Your" refer to the entity and its affiliates. If you lack such authority or disagree with these terms, you should not use Mint Service Desk Cloud’s Services.

2. Definitions

  • "Account": Access to the Service.
  • "Agreement": This document, including the Terms of Service, Privacy Policy, and GDPR Compliance Statement.
  • "Customer": Anyone who uses Mint Service Desk Cloud, has an active account, and holds admin permissions.
  • "Personal Data": Information defined as personal data under GDPR.
  • "Pricing": The payment rules and price for the Service as stated on our pricing page or separately agreed.
  • "Service": The services provided by Mint Service Desk Cloud.
  • "Sub-processor": Any entity appointed by the processor to process Personal Data.
  • "Subscription": The model of payment allowing recurring access to the Service.
  • "User": Any person using Mint Service Desk Cloud with access granted by the Customer.
  • "Website": Our main domains and related subpages.

3. General Statements

  1. Mint Service Desk Cloud provides web-based services for customer support and IT service management.
  1. Acceptance of these Terms of Service and other legal documents is required to use our Services.
  1. We reserve the right to modify or terminate the Service or Website without prior notice.
  1. All content and methods accessible through our Services and Website are protected by our intellectual property rights.

4. Policy of Mutual Respect

  1. Offensive or discriminatory conduct is prohibited in all forms, both within the Service and towards our personnel.
  1. Discrimination based on various protected grounds, such as age, race, and gender identity, is not tolerated.
  1. Discriminatory comments or actions towards our employees or affiliates will not be accepted.
  1. Violation of these principles may result in immediate termination of the Agreement without reimbursement.

5. Acceptable Use Policy

  1. This policy applies to all our Services and URLs.
  1. Misuse of the Service, such as hacking or unauthorized access, is prohibited.
  1. Sharing malicious or illegal content through the Service is forbidden.
  1. Violating these terms may result in account suspension or deletion without notice.
  1. You are responsible for the accuracy and legality of the data you enter into the Service.
  1. Data processing must comply with applicable laws.

6. Service Functionality Description

  1. Mint Service Desk Cloud provides functionalities like ticketing and asset management.
  1. A Trial period allows free access to all features before opting for a Premium Subscription.

7. GDPR Compliance

  1. We comply with GDPR and expect users to do the same when processing Personal Data.
  1. Data must be processed within the scope of B2B relations.
  1. Users have rights to access, rectify, delete, and manage their Personal Data as described in our Privacy Policy.
  1. We may contact you within six months after the end of your subscription for updates and new benefits.

8. Payments, Termination, and Refund Policy

  1. Charges for the Premium Subscription are according to our Pricing page or custom agreements.
  1. You must provide accurate billing information and notify us of changes.
  1. We reserve the right to modify the compensation structure with prior notice.
  1. Payments are processed electronically by external service providers.
  1. Termination requests must be sent via email to support@mintsd.com.
  1. We may delete inactive accounts after 2 months.
  1. All payments are non-refundable unless we cancel your account without cause.

9. User and Mint Service Desk Cloud Rights

  1. Our intellectual property rights remain with us.
  1. Users must respect our intellectual property rights.
  1. We may review and manage the content you enter into the Service to resolve issues.
  1. Data retention for inactive accounts may be limited.

10. Liability

  1. We do not guarantee compatibility with third-party software.
  1. We exclude all implied warranties to the fullest extent permitted by law.
  1. We are not liable for any indirect, incidental, or consequential damages.
  1. Our aggregate liability is limited to the amount you paid for the Services in the 6 months prior to the liability event.

11. Choice of Law

  1. Disputes will be resolved amicably or in Polish courts.
  1. This Agreement is governed by Polish law.

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