1. Introduction

Welcome to MindfulScale. These Terms of Service ("Terms") govern your access to and use of the MindfulScale platform, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

MindfulScale is owned and operated by MindfulScale Ltd, a company registered in the United Kingdom ("we", "us", or "our").

2. Definitions

"Account" means a unique account created for you to access our Service.

"Content" means any information, data, text, software, graphics, messages, or other materials that are uploaded, transmitted, or otherwise made available through the Service.

"Customer Data" means any data, information, or material that you or your authorised users provide or submit to the Service in the course of using the Service.

"Subscription" means the recurring payment arrangement for continued access to the Service.

"User" means an individual who is authorised by you to use the Service.

3. Account Registration and Security

To use our Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

4. Subscription and Payment

4.1 Subscription Plans

The Service is available on a subscription basis. The features and functionality available to you will depend on the subscription plan you choose.

4.2 Payment Terms

All payments must be made in advance. Payment obligations are non-cancellable, and fees paid are non-refundable. You authorise us to charge your designated payment method for all fees due.

4.3 Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for all such taxes, levies, or duties, excluding only UK taxes based on our income.

4.4 Price Changes

We may change our prices at any time. Price changes will be effective when we post them on our website or notify you via email. Continued use of the Service after a price change constitutes your acceptance of the new prices.

5. Service Description

MindfulScale provides workflow automation tools, integration services, and related features for businesses. The specific features and functionality available to you will depend on your subscription plan.

6. Customer Data and Privacy

6.1 Your Data

You retain all rights to your Customer Data. You grant us a non-exclusive, worldwide, royalty-free, license to use, copy, transmit, store, and back-up your Customer Data for the purposes of enabling your use of the Service and for any other purpose related to provision of the Service to you.

6.2 Data Processing

We will process any Customer Data in accordance with applicable data protection laws. You acknowledge that the nature of the Service necessarily involves processing data that you input into the system.

6.3 Data Security

We will implement and maintain appropriate technical and organisational measures to protect Customer Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure.

6.4 Data Backup

While we make commercially reasonable efforts to ensure the integrity and security of our servers and systems, you are responsible for maintaining backup copies of your Customer Data outside of the Service.

7. Service Level Agreement

7.1 Service Availability

We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for:

• Planned maintenance carried out during our standard maintenance windows (typically weekends between 00:00-04:00 GMT)

• Unscheduled maintenance performed outside normal business hours

• Any unavailability caused by circumstances beyond our reasonable control

7.2 Service Level Targets

We aim to maintain a monthly uptime of at least 99.9%, excluding scheduled maintenance.

7.3 Remedies for Service Level Failures

If we fail to meet our service level targets in a given month, and upon your written request, we may provide you with service credits for future use of the Service. Service credits are your sole and exclusive remedy for any failure by us to meet our service level targets.

8. Customer Support

8.1 Support Hours

Standard support is available Monday to Friday, 9:00 AM to 5:00 PM GMT, excluding UK public holidays.

8.2 Support Channels and Response Times

Support is provided based on your subscription plan:

• Basic Plan: Email support with a target response time of 48 hours

• Professional Plan: Email support with a target response time of 24 hours

• Enterprise Plan: Email and live chat support with a target response time of 8 business hours

8.3 Support Exclusions

Support does not include:

• Custom development work

• Training beyond the standard documentation

• Support for issues arising from your hardware, operating systems, or third-party applications

9. Your Responsibilities

9.1 Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations

• Infringe the intellectual property rights of others

• Transmit any material that is defamatory, offensive, or otherwise objectionable

• Attempt to gain unauthorised access to any portion of the Service or its related systems or networks

• Interfere with or disrupt the integrity or performance of the Service

• Harass or harm another person or cause damage or injury to any person or property

9.2 Usage Limitations

We reserve the right to impose reasonable limitations on your use of the Service if we determine that your usage places an unreasonable load on our infrastructure.

10. Intellectual Property Rights

10.1 Our Intellectual Property

The Service and all related intellectual property rights are and shall remain our property. These Terms do not grant you any right, title, or interest in the Service, or any intellectual property rights relating to the Service, except for the limited license expressly set forth in these Terms.

10.2 Feedback

If you provide us with any feedback or suggestions regarding the Service, you hereby grant us an irrevocable, perpetual, royalty-free right to use such feedback in any manner.

11. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information. "Confidential Information" includes any information that is marked as confidential or would reasonably be considered confidential under the circumstances, including Customer Data, business plans, technical data, and the terms of any agreement between the parties.

12. Term and Termination

12.1 Term

These Terms will remain in effect until terminated by either you or us.

12.2 Termination by You

You may terminate these Terms at any time by cancelling your account and discontinuing use of the Service. You will remain liable for all charges incurred up to the date of termination.

12.3 Termination by Us

We may terminate these Terms and your access to the Service at any time if:

• You breach any provision of these Terms

• You fail to pay any fees when due

• We are required to do so by law

• We decide to cease providing the Service

12.4 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease

• We may delete your Customer Data within 30 days after termination, unless legally prohibited

• All provisions of these Terms which by their nature should survive termination shall survive

13. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

14. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE DURING THE 12 MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

16. Modifications to the Service and Terms

16.1 Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof.

16.2 Modifications to the Terms

We reserve the right to change these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

17. General Provisions

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

17.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of England and Wales.

17.3 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

17.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

17.5 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

17.6 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

17.7 Notice

We may provide notice to you via email, postings on our website, or other reasonable means. You may provide notice to us by sending an email to [legal@mindfulscale.com].

18. Contact Us

If you have any questions or concerns about these Terms or the Service, please contact us at:

Email: [hello@mindfulscale.com]