Terms and Conditions for Organisations
RULES FOR THE USE OF THE MOBILE APPLICATION AND MINDLETIC REGISTRATION SYSTEM
Last update: October 31, 2022
1. GENERAL PROVISIONS
1.1. These Rules describe the terms and conditions of use of the App and Mindletic Registration system, both administered by Emocinis balansas, UAB.
1.2. The following capitalized terms have the following meanings:
1.2.1. „Rules” means these Rules with all their amendments and modifications.
1.2.2. „Mindletic” means Emocinis balansas, UAB, legal entity code 305553328, address I. Kanto g. 2-3, LT-44296 Kaunas, the Republic of Lithuania.
1.2.3. „App” means Mindletic mobile application, provided to Users as a service.
1.2.4. „Website” means the website available at be.mindletic.com
1.2.5. „Balance Team website” means the website available at team.mindletic.com
1.2.6. „Mindletic registration system” means the platform which is accessible via Website where Client’s representative provides its details and creates an account for the represented company, thus enabling Users linked to the Client to use the App. Access to this platform is granted only to the authorized representative of the Client.
1.2.7. „Plan” means a Plan, selected by the Client during the registration in Mindletic registration
system as described in the Clause 6.1 and the description of which is found in the
Mindletic registration system window at the address be.mindletic.com/resources/billings.
1.2.8. „Promo code” means a unique code, which is generated to the Client after completing the registration on Mindletic registration system. Promo code, if used during the User’s registration process, creates a link between the User and the Client’s account.
1.2.9. „Professional consultant” means a person who has obtained a psychology education (bachelor's and master's degree) or who has received an equivalent education abroad or in Lithuania in accordance with the procedure established by legal acts of the Republic of Lithuania and provides professional counselling for no less than two years, and belongs to Mindletic professional community (please find the list of Professional consultants at https://www.mindletic.com/professionals).
1.2.10. „Client” means an organization that has entered into the Contractual relationship with Mindletic.
1.2.11. „User” means an employee (natural person) and/ or other representative of the Client or another company belonging to the group of companies to which the Client belongs, to whom the Client allows to use the Services specially tailored to the Client’s needs using the Client’s Promo code or via allowlist.
1.2.12. „Party“ or „Parties“ means both the Client and Mindletic.
1.2.13. „Services” mean all and any Services provided through an App to the User(s). A description of the exact Services provided by Mindletic to the Client’s Users are described below in these Rules, also on the Website. The Services consist of:
188.8.131.52. „Consulting services” that mean an activity during which the Professional consultant provides emotional support services to the User. Any information provided by the Professional consultant to the User during the provision of the Services will be considered as the Consulting services. The Client agrees and acknowledges that the Consulting services are only designed for emotional support and does not mean the services of a medical psychologist, they shall not be used for medical purposes, hence if medical support is needed, the User shall immediately address the nearest available medical establishment.
184.108.40.206. „Content services” mean access to content of the App which is designed to strengthen emotional health.
220.127.116.11. „Information Services” mean the services provided by Mindletic to the Users through the App, i. y. mediation, information, and related services by using which the Users may make inquiries / orders and receive private services from Professional consultants under terms consistent with these Rules.
18.104.22.168. „Additional services” means any other additional Services that the Client has subscribed to.
1.2.14. „Fee” means the total price paid by the Client for the Services provided to the Client and the Users linked to the Client’s account via the Client’s Promo code or allowlist in Mindletic registration system.
1.2.15. „Terms and Conditions” means the rules and regulations for the use of the App which are published on the Website (https://mindletic.com/terms-and-conditions). Terms and Conditions set out the rules for the Users willing to use the App, inter alia registration for the Services via App, scheduling the Consulting services, refund, and cancellation procedure of Consulting services, etc. (the list is not exhaustive).
1.2.16. “Contractual relationship” means the relationship between the Parties which starts when the Client agrees to the Rules.
1.2.17. „Contractual obligations” means the duties that Parties are legally responsible for in the .Contractual relationship started between them in accordance with these Rules.
1.2.18. „Content” means messages, pictures, video, audio, website addresses or any other information posted or in any other way shared on the App.
1.3. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
1.4. The Rules must be followed by the Client. By agreeing to these Rules, the Client’s representative declares and guarantees that he/she has the right, authority, and ability to agree to these Rules on behalf of the Client. The Client ensures the acquaintance of the Users with the Rules within the scope relevant to the Users.
1.5. In addition to these Rules, the provisions of law of the Republic of Lithuania, special conditions, Terms and Conditions, the provisions of the contracts concluded between the Client and Mindletic (if any are concluded) apply to the regulation of the relationship between the Client, the User and Mindletic.
1.6. If any provision of these Rules is contrary to the law or becomes invalid in whole or in part for any reason, it shall not invalidate the remaining provisions of the Rules. Such provision will be separated from the remaining Rules, which will continue to be valid in full force and will be implemented to the fullest extent permitted by law.
1.7. The Client and Mindletic undertake to cooperate and provide information to each other to ensure the proper provision of Services to the Users, subject to the limitations of personal data protection legislation as stated herein.
1.8. By using the App and the Services, the User and the Client confirms that they are familiar with these Rules and the Terms and Conditions, agrees with them and undertakes to comply with them. If the User and/or the Client does not agree with them or does not understand them, they cannot use the Services provided by Mindletic.
2. NON-MEDICAL SERVICES
2.1. Users should not use the Services for the medical emergency or as the substitute for medical services. If the User needs urgent medical attention or medical support, the Client and/or the User shall immediately address the nearest available medical establishment.
2.2. If the User is thinking about suicide or is considering taking actions that may harm the User or others, or if the User or another person is believed to be at risk, or if urgent medical attention is required, Client and/or the User shall call or otherwise apply for the emergency services immediately and inform the relevant authorities.
2.3. The Parties hereby agree that if the Client ignores this warning above and encourages the User(s) to use the Services for medical purposes, only the Client shall bear full and exclusive liability for any damage related hereto and the Client shall not have the right of recourse to Mindletic. If Users or other injured parties make any claims directly to Mindletic, the Client hereby undertakes to engage in legal proceeding of such claims and to reimburse to Mindletic for any payments that Mindletic would be obliged to pay directly to Users or other injured parties.
3. SERVICES PROVIDED BY THE PROFESSIONAL CONSULTANT
3.1. Mindletic is only responsible for the selection of Professional consultants for providing the Consulting services and only guarantees that the Consulting services will be provided by qualified psychologists with at least 2 (two) years of consulting experience. However, in the relationship between the Professional consultant and the User, only the Professional consultant is responsible for the quality of its Services and compliance with legal requirements. Mindletic participates in the process of providing the Consulting services only as an intermediary, providing technical solutions for using the Services, therefore it assumes responsibility in this regard only for the selection of Professional consultants that complies with the terms of these Rules.
3.2. Mindletic is not responsible for the actions or omissions of the User in relation to the Professional consultant and / or the actions of the Professional consultant in relation to the User.
3.3. The Professional consultant is independently responsible for the quality of the Consulting services provided to the User, their compliance with the requirements of legal acts and applicable ethical standards, and, therefore, Mindletic does not assume any responsibility related hereto. If requested by the User of the Client, Mindletic may assist in communication with the Professional consultant, however in any case Mindletic shall not be liable for any actions or inactions of the Professional consultant.
4. REQUIREMENTS FOR THE USERS
4.1. Consulting services are not provided to persons who are under 18 years old.
4.2. Before starting to provide Consulting services, the Professional consultant may request confirmation from the User that the User meets the stated age requirement. In case of suspicion regarding the age of the User, the Professional consultant may ask the User to show an identity document.
4.3. When booking a Consulting services, User is acquainted with and agrees with Mindletic Terms and Conditions, also undertakes not to film, record, share the consultation with third parties (e. g. on Youtube, Facebook live etc.) and not to disseminate the interview during the consultation.
4.4. In all cases, the Professional consultant may refuse to provide its Services if there are reasonable doubts that the User comply with the requirements of these Rules, Terms and Conditions and / or other agreements between the Parties.
5. GENERAL TERMS AND CONDITIONS OF PROVISION OF SERVICES
5.1. Mindletic provides Users with a virtual mental gym, i.e., a space in which they can communicate with Professional consultants and receive other Services provided by Mindletic, also Mindletic provides an access to Mindletic registration system for the Client where Client can access the reports of the emotional wellbeing in his organization. The Client undertakes to encourage the Users linked to the Client to use the Services in accordance with these Rules, Terms and Conditions and/ or other agreements concluded between the Parties and to pay the Fee for the provided Services.
6. USAGE OF THE SERVICES
6.1. The Client (its representative) shall complete the registration in Mindletic registration system, provide required details and accept the Rules. During the registration, the Client shall select the Plan for the Services based on the information about the Plan options. Plan options and its descriptions may be found on the Mindletic registration system window at the address be.mindletic.com/resources/billings. The descriptions of the Plan options include detailed information on monthly fee, consultation fees and other fees and general description on what is included in the Plan.
6.2. By selecting one of the Plans, the representative of the Client confirms he agrees with the Fee terms provided in the description of the Plan and agrees to make respective payments based on the selected Plan and conditions for payment under these Rules. The Plans, including the information on the Plans, are displayed and shall be selected during the registration in Mindletic registration system.
6.3. The access to the Services is provided under:
6.3.1. Promo code. After completion of the before-mentioned registration processes Mindletic grants a Promo code to the Client. Promo code, if used during the User’s registration to the App, creates a link between the User and the Client’s account in Mindletic registration system, thus enabling the Client to pay the Fee for the Services used by Users linked to the Client’s account, also enables the Client to track the number of the Users using Client’s Promo code, usage of the Services and see anonymised metrics of the User’s emotional health in the Client’s organization.
6.3.2. Allowlist. The Client, via the Mindletic registration system, prepares the list of Users who
should be included in the allowlist.
6.4. Users are not authorized to access the Client’s account on Mindletic registration system and vice versa, unless the User is appointed as an administrator in Mindletic registration system.
6.5. In the Mindletic registration system the personal data of individual Users is not visible to the Client. Only the number of active Users that are using Promo code is provided. All User data available to the Client is anonymised.
6.6. The Promo code if used shall be provided to the User before completing the registration to the App and the Client undertakes to explain to the User that his or her registration must be completed with that Promo code to enable the Client to pay the Fee for the Services used. In case the Client fails to provide Promo code to the User, Mindletic does not assume any responsibility related hereto.
6.7. After completing the registration to the App using Promo code, Mindletic grants User an access to the Services agreed between the Parties.
6.8. Mindletic will invoice the Client monthly for all Fees accrued at the end of the then-current month consolidated across all Users using the Services under the Client’s Promo code or via allowlist. Fees that will be charged by Mindletic are solely based on Mindletic’s measurements of use and consumptions of the Services by the Users linked to the Client’s account via the Promo code or allowlist and such determination is final.
6.9. The Client will be obliged to pay for all consumed Services through the Client’s Promo code or allowlist whether done intentionally or by mistake or as a result of unqualified usage of the App. Mindletic has no obligation and will not inform the Client of the consumption of the Services through the Client’s Promo code or allowlist or any increase in such consumption.
6.10. Considering the above, by agreeing to the Rules, the Client undertakes:
6.10.1. the risk that due to the actions of the Users, actively using the Services, the amount of Fee for the Services may not correspond to the Client’s expectations i.e. the Client shall pay the Fee for the Services according to the conditions described in the Rules despite it not meeting the Client’s expectations on the usage frequency by the Users;
6.10.2. the obligation to inform the Users about the functionality of the App and the limits set for the provided Services.
6.11. In separate agreements between the Parties, the Client and Mindletic may define additional conditions on use of the Services (terms for the provision of Services, the amount of advance payment, etc.).
6.12. Mindletic reserves the right to change the terms and conditions of the Plans and their prices indicated in the Mindletic registration system window at the address be.mindletic.com/resources/billings by sending the information about updated terms and conditions of the Plans via e-mail provided by the Client. The Client shall agree or disagree with the changes provided by Mindletic. The agreement or disagreement shall be expressed by clicking the relevant option via Client’s account on Mindletic registration system If the Client does not express its agreement or disagreement via 20 days from the respective information submitted to the Client, Mindletic considers that the Client disagrees with the changes of the Plan and terminates the Contractual relationship as well as all upcoming scheduled consultations. Mindletic may not change the price of services already ordered and / or paid for. By agreeing with the changes of the Plan, the Client agrees that the changed Plan, including its prices, will be applicable from the start of the month following the month during which the information about the changes was submitted to the Client.
6.13. At any time the Client is entitled to change the selected Plan via the Mindletic registration system. The new Plan will be applicable from start of the month following the month during which change was made. In order to change the selected Plan, the Client shall make the change in the Client’s account on Mindletic registration system. By changing the Plan, the Client agrees with the terms and conditions of the selected Plan set out in the Mindletic registration system window at the address be.mindletic.com/resources/billings.
6.14. In respect to the change of the Plan (or its terms and conditions) as indicated in the Clauses 6.12 and 6.13, for all the consultations, including the ones reserved before the new Plan (or its terms and conditions) starts, which are scheduled for the period when the new Plan (or its terms and conditions) is already applicable, the tariffs of the new Plan (or its terms and conditions) will be applicable for the purpose of calculation of the Fee for such consultations.
7.1. General terms:
7.1.1. In all cases, the Professional consultant may terminate the provision of Consulting services and / or take other actions, considering legal requirements and / or professional ethics, if Consulting services cannot be provided due to the actions of the User and / or other conditions that may lead to poor quality of Consulting services or damage to the User, Professional consultant or Mindletic, as well as when the User does not comply with the Terms and Conditions, the Rules and other agreements concluded between the Parties.
7.1.2. Mindletic shall in no case conduct interviews and / or video recordings between the Professional consultant and the User. Mindletic also does not monitor or control the content of the Professional consultant's services in any other way. However, if the stated obligations of Mindletic are provided for by law, Mindletic reserves the appropriate rights, subject to and limited to statutory obligations.
7.2. Reservation and the process:
7.2.1. The App User chooses the Professional consultant whose services he or she would like to use and the time slot for the consultation, using the functionality of the App, considering the time possibilities of providing the Consulting services seen in the App.
7.2.2. Users can reserve the time of a Professional consultant at least 4 (four) hours before the start of the provision of Consulting services.
7.2.3. At least 30 (thirty) minutes before the start of the scheduled Consulting services, the User receives an e-mail and a message in the App with the consultation guidelines.
7.2.4. Mindletic undertakes to inform the User before the start of the provision of the Consulting services in the event the Consulting services cannot be provided due to unforeseen reasons and, in case the notification indicated herein was provided less than 18 (eighteen) hours prior the scheduled time of the consultation, to offer alternative consultation time.
7.2.5. User receives the Consulting services using the functionalities of the App in a virtual chat room.. The virtual chat room is designed using an open source solution by the https://jitsi.org/ ant we ensure that it complies with the General Data Protection Regulation (GDPR) requirements.
7.2.6. The duration of the conversation between the Professional consultant and the User is equal to 50 (fifty) minutes or shorter (it depends on the request of the User).
8. FEE FOR THE SERVICES AND PAYMENT PROCEDURE
8.1. The amount of the Fee for the Services shall be determined based on the Plan selected by the Client in accordance with the Clause 6.1. The total monthly Fee for consultations is calculated by multiplying the amount specified in the description of the Plan which can be found in the Mindletic registration system window at the address be.mindletic.com/resources/billings, referred to as the consultation fees, by the respective number of consultations ordered by the Users linked to the Client per one calendar month, and adding this sum with other fee elements i.e. fixed monthly fee and fee for balance teams tool for fostering psychological safety, indicated in the description of the Plans in the Mindletic registration system window at the address be.mindletic.com/resources/billings.
8.2. Payment for the provision of the Services shall be made once a month according to the invoice issued by the Mindletic within 20 (twenty) calendar days from the date of receipt of the invoice unless the Parties expressly agree otherwise. The Mindletic shall send the payment documents to the Client by email provided during the registration in Mindletic registration system. Invoices are sent to the Client in PDF format.
8.3. If the Client is late paying the Fee, he shall pay 0.05% interest from the outstanding amount for each day of delay. In such a case, the Mindletic also has the right to suspend the access of such Client’s Users to the App.
8.4. Payment of interest and other amounts due shall not invalidate the Client's obligation to comply with the Contractual obligations in accordance with these Rules and other agreements concluded between the Parties.
8.5. If the provision of Services to the Client is restricted or suspended due to the breach of the provisions of the above agreement or the Rules, the Fee for services provided to the Client that have not been used shall not be refunded, nor shall the Client be compensated by extending provision of the Services to the Client.
8.6. Your payments will be processed by Stripe Payments Europe, Ltd., provider of payment services.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. The Parties expressly agree that all intellectual property rights in the Services, data, names, logos, App, Website, Balance Team website, Mindletic registration system, service names, trademarks, software, as well as all updates, changes, enhancements, additions, fixes, and new versions thereof and other proprietary attributes, including all intellectual property rights assigned to them, belong to Mindletic and these rights are not transferred or assigned to the Client or the User. All rights to the App and the works on it are reserved. No content or other information on the App may be reproduced, made available to the public or distributed without the prior written consent of Mindletic.
9.2. Mindletic grants the User personal, non-exclusive, non-transferable right to install and use the App and personal, non-exclusive, non-transferable right to access and use Mindletic registration system to the Client. The User undertakes not to provide, distribute, or share an access to the App with any third party and the Client undertakes not to provide, distribute, or share an access to Mindletic registration system.
9.3. Use of the App and / or Mindletic registration system by Client or User does not transfer or grant to Client or User any rights in the intellectual property of Mindletic or third parties.
9.4. The Parties agree that all rights to improvements to the App and / or Mindletic registration system even if influenced by the User or the Client while using the before-mentioned platforms (such as changes to them or the Services based on the User’s or Client’s suggestions or comments) belong to Mindletic.
9.5. The User is not entitled to make any changes, modifications to the software code or other components of the App and / or Mindletic registration system, to apply reverse engineering or to perform any other actions that may affect the operation or integrity of the App and / or Mindletic registration system. The User and the Client undertakes not to use the knowledge acquired using the App and / or Mindletic registration system directly or indirectly in the development of systems whose operation and functions are analogous to the operation of the App and / or Mindletic registration system.
9.6. Use of the App and / or Mindletic registration system does not allow the Client and / or the User to register, directly or indirectly, any rights to the App and / or Mindletic registration system software in any territory in its own name or for the benefit of the User. Any registration of rights to the App and / or Mindletic registration system on behalf of or for the benefit of the Client or the User will be considered a material breach of these Rules, and Mindletic will have the right to immediately re-register all such rights in its own name / in the name of any other person. In this case, the Client and / or the User undertakes to sign all documents necessary for the exercise of such right and to reimburse all related costs.
9.7. All trademarks displayed on the App are the property of Mindletic or are lawfully used by Mindletic, except for those trademarks uploaded by Client or Users.
9.8. By submitting any Content to the App, the User acknowledges and warrants to Mindletic that he has all rights, permissions, consents and/or licenses to perform those actions with the Content, which the User performs, including the right to use.
10. OBLIGATIONS AND RIGHTS OF THE PARTIES
10.1. The obligations and rights of Mindletic:
10.1.1. Mindletic undertakes to provide the Services to the Users in accordance with the Rules, Terms and Conditions and other agreements concluded between the Parties as carefully and efficiently as possible, using all the necessary skills and knowledge.
10.1.2. Mindletic undertakes to provide an access to Mindletic registration system to the Client.
10.1.3. If it is not possible to provide the Services due to circumstances beyond Mindletic’s control, Mindletic shall immediately inform the Client and request the removal of obstacles that prevents Mindletic from properly performing its Contractual obligations.
10.1.4. By providing the Services Mindletic develops and maintains the App. By servicing, developing, and maintaining the App, Mindletic can take into account the preferences of its clients regarding the operation and functionality of the App.
10.1.5. Mindletic has the right to use third parties to fulfil its Contractual obligations.
10.1.6. Mindletic reserves the right to change the design, features / functionality and other elements of the App based on User feedback and usage trends. Mindletic also reserves the right to change the design, features / functionality, and other elements of the App to meet Mindletic's commercial needs and / or business development plans.
10.1.7. Mindletic undertakes to inform the Client about significant changes in the App and / or Mindletic registration system by e-mail. Mindletic has no obligations to inform Client directly about making minor changes to the App, but Mindletic may post information about these changes in the App. The Client and the Users are obliged to check the specified section of the App periodically.
10.2. The obligations and rights of the Client:
10.2.1. The Client undertakes to create all the conditions necessary for Mindletic to provide the Services and unconditionally comply with the Rules and other agreements concluded between the Parties.
10.2.2. Client undertakes to notify Mindletic immediately, but not later than within 5 (five) working days, about the changed circumstances significant for the performance of its Contractual obligations, the increased or decreased need for the scope of the Services. The Parties may agree on the provision of Additional services by a separate agreement, which provides for additional Fees and terms for the provision of Services.
10.3. The Parties undertake to fulfil their Contractual obligations properly and to refrain from any action that could harm each other.
10.4. Each Party shall be liable to the other Party for non-performance or improper performance of its Contractual obligations.
10.5. Each Party undertakes to reimburse, under the conditions provided for in these Rules, any loss or expense incurred by the other Party (including court and reasonable attorneys' expenses and expenses incurred because of mediation by third parties in the recovery of the debt) because of non-performance or improper performance of the Contractual obligations of the Parties.
10.6. If low-quality Services (which do not comply with the terms of the Rules and Terms and Conditions) are provided, Mindletic undertakes to indemnify the Client for direct losses incurred due to Mindletic‘s fault, not exceeding EUR 1,000 (one thousand euros).
11. OPERATION OF THE APP AND MINDLETIC REGISTRATION SYSTEM
11.1. Mindletic aims to achieve that the App and Mindletic registration system would be available 99 percent of the time, nevertheless, the User and the Client understands and confirms that the Services of the App and Mindletic registration system are provided „as it is” and Mindletic provides no warranties as to the quality, uninterrupted operation, and absence of interference or errors of the before-mentioned systems. Mindletic shall not be liable for:
11.1.1. Temporary and/or permanent inoperability and/or malfunction of the App and / or Mindletic registration system, temporary unavailability, if this has occurred due to objective reasons;
11.1.2. Loss of or damage to the Client’s and / or User’s data, if this occurred without fault or gross negligence of Mindletic;
11.1.3. Storage of information and data transferred by the User and/or Client to the App or Mindletic registration system server, unless the loss of information is due to Mindletic's intentional or negligent acts.
12.1. The Parties undertake to maintain the confidentiality of information and not to disclose it. Confidential Information means the terms of the Rules and all agreements concluded between the Parties and all documentation and information received by the Parties from each other, as well as information related to the Parties’ activities and/or plans disclosed by one Party to the other, including, but not limited to, written and electronic texts and other information, irrespective of its form or presentation method. Information which was in the possession of a Party and which a Party may have disclosed before receiving it from the other Party, or information which is in the public domain, as well as information which was independently generated by a Party prior to receipt, or which was received from a third Party, shall not be considered confidential, if the disclosing Party can support with documents the facts of creation or receipt of such information.
12.2. Confidential information also includes Mindletic’s business model, terms of payment with the Client, non-public documents provided to the Client, correspondence with the Client and any other information available to the Client regarding the conclusion or performance of the Contractual obligations. All confidential Information is the exclusive property of Mindletic.
12.3. The fact that the Client uses the Services of Mindletic may be used by Mindletic for information and marketing purposes (for this purpose Mindletic may use the logo, oral or written testimonials of the Client or other information/ content coordinated with the Client) on the Website and Mindletic’s Facebook, Instagram, and LinkedIn accounts unless the Client explicitly via email or in other written from requests to not use any or all information indicated herein this Clause.
12.4. All data and information provided by the Users when using the Services, including its contacts and any other data, is confidential. The Client has no right to request data or information about the Users, only generalized information that does not allow to identify specific persons may be provided to the Client.
12.5. The Parties undertake not to disclose any confidential information to any third party without the written consent of the other Party, except for the purposes of these Rules or at the reasonable request of the authorities authorized by the law and in compliance with legal requirements.
12.6. The Parties undertake to ensure that their employees and/or the subcontractors employed (if any) also comply with a similar requirement of confidentiality.
12.7. The obligation of confidentiality shall survive the termination or expiry of the Contractual relationship between the Parties. If any Party violates the confidentiality obligation, the infringing Party undertakes to pay the other Party an amount of EUR 5,000 (five thousand euros), which will be considered the minimum reasonable loss of the Party, which the Party has no obligation to prove or take action to reduce.
13. PERSONAL DATA
13.1. Mindletic acts as a controller of personal data in providing the Services and processing User personal data for this purpose. Mindletic shall ensure the proper performance of its obligations as data controller under General Data Protection Regulation (EU) 2016/679 (hereinafter referred to as the GDPR), including the provision of information as defined in Articles 13 and 14 of the GDPR to data subjects and the proper exercise of data subjects' rights.
13.4. Mindletic shall immediately, but not later than within 7 (seven) business days, answer the Client's questions related to Mindletic's processing of Users' personal data and, at the Client's request, provide documents justifying Mindletic's proper compliance with the obligations in the field of personal data protection if this does not violate the rights and legitimate interests of Users as data subjects.
14.1. If any Party fails to perform any of its obligations under the Rules or any other agreement between the Parties, it shall be in breach of the provisions of the Rules.
14.2. In the event of a breach of the Rules by one of the Parties, the other Party shall have the right to:
14.2.1. request the other Party to perform its Contractual obligations and/or;
14.2.2. terminate the Contractual relationship unilaterally;
14.2.3. claim compensation for direct damages incurred.
14.3. Additional provisions of the Parties’ liability in case of the breach of the Rules are specified in other clauses of the Rules, also in other agreements made between the Parties.
15. EXCHANGE OF INFORMATION
15.1. Mindletic shall send all notices and otherwise communicate using address, e-mail addresses or telephone numbers provided by the Client.
15.2. All information sent to the Client shall be deemed received 3 (three) hours after its sending. If the information is provided by mail, it shall be considered received on the day of delivery of the letter to the Client, if sending a letter with proof of delivery is chosen, or within 5 (five) working days from the date of sending the letter, if sending a letter without proof of delivery is chosen.
15.3. Users shall send all notices and inquiries and otherwise contact Mindletic by:
post: I. Kanto g. 2-3, LT-44296 Kaunas.
15.4. The Parties agree that the presence of a copy of an e-mail or other notice addressed to the Client and/or the User on Mindletic server (database or other device storing the relevant information) is appropriate proof of sending any information.
16. FORCE MAJEURE
16.1. Neither Party shall be liable for the total or partial non-performance of its Contractual obligations if it proves that it has failed to fulfil its Contractual obligations due to circumstances beyond its control, which he could not reasonably foresee at the time of accepting the Rules and could not prevent them or their consequences from occurring by reasonable efforts (force majeure).
16.2. If at least one of the force majeure circumstances affected the performance of the Contractual obligations, the terms provided for in these Rules shall be extended during the period of force majeure circumstances.
16.3. A Party who has been prevented from performing its Contractual obligations by force majeure must immediately, i. e. not later than within 2 (two) working days, inform the other Party in writing about the inability to fulfil it. Untimely notification of the other Party deprives a Party of the opportunity to invoke force majeure as a reason for non-performance or improper performance of its Contractual obligations.
17. AMENDMENT OF THE RULES
17.1. As the App is constantly developing and evolving to ensure a more convenient and safer use, Mindletic has the right to unilaterally amend the Rules.
17.2. Mindletic will notify the Client of any changes to the Rules by sending the up-dated version of the Rules via e-mail provided by the Client.
17.3. Changes to the Rules will take effect when Mindletic will send them to the Client.
17.4. By continuing to use the App, including but not limited to extending the Services, ordering new Services after the changes to the Rules enter into force, the Client and the Users acknowledge that they fully agree with the changes, except as otherwise stated in the Clause 6.12 of these Rules.
17.5. The Services ordered before the amendment of the Rules shall be provided in accordance with the procedure and terms established in the Rules in force at that time.
18. FINAL PROVISIONS
18.1. Without the prior written consent of the other Party, neither the Client nor Mindletic may transfer any of its rights or obligations under the Rules, in whole or in part.
18.2. The Client (its representative) confirms and declares that he has read the Rules and that they are understandable and acceptable. Acceptance of the Rules means that the Parties have entered into an enforceable legal agreement.
18.3. Each Party undertakes to inform the other Party in writing about changes in its contact details not later than within 1 (one) business day from the specified changes. No claim may be made against a Party who has not been duly informed about such changes.
18.4. Mindletic may terminate this Contractual relationship upon 30 (thirty) days prior written notice to the Client’s email provided during the registration in Mindletic registration system. The Client may terminate this Contractual relationship upon 30 (thirty) days prior written notice to the Mindletic.
18.5. Upon termination or expiration of the term, the provisions of Rules related to confidentiality, liability, and settlements between the Parties, as well as other provisions which, according to their purpose and meaning, shall remain in force after termination or expiration of the term. Upon termination of the Contractual relationship on any grounds, the Client’s obligation fully to pay the outstanding amounts for the Services remains.
18.6. All disagreements between Mindletic and the Client regarding the implementation of these Rules shall be resolved through negotiations. If the Parties fail to resolve the dispute through negotiations within 30 days from the initiation of such negotiations, such dispute shall be finally settled in the courts in accordance with the laws of the Republic of Lithuania, determining jurisdiction according to the location of Mindletic’s registered office.
18.7. The Rules shall enter into force from the moment the representative confirms on behalf of the Client that he agrees with them and shall be valid for the entire period of the Contractual relationship between the Client and Mindletic.