Terms and Conditions of Mandala.cafe

The following terms and conditions (collectively, these "Terms and Conditions") apply to your use of https://mandala.cafe, including any content, functionality and services offered on or via https://mandala.cafe (the "Website").

Please read the Terms and Conditions carefully before you start using Mandala.cafe, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.

These Terms and Conditions are effective as of 15th of April 2022. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

Conduct on Website

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
  • Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
  • Impersonates any person or entity, including any of our employees or representatives

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.

However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.

In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property

By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Mandala.cafe.

You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.

Usage Rights and Restrictions

Free Tier Users

By using the Mandala.cafe service under the free tier (unregistered and unpaid users), you are granted a limited, non-exclusive, non-transferable license to access and use the Mandala.cafe services and to create and download content solely for your personal, non-commercial use. This means you may not use any content created on or downloaded from Mandala.cafe for any commercial purposes without explicit written permission from Mandala.cafe. Any use of Mandala.cafe content that contradicts this restriction, including but not limited to selling, redistributing, or using content for commercial gain, is strictly prohibited and may result in termination of your account and legal action.

Mandala.cafe Pro Users

Users who subscribe to the Mandala.cafe Pro service or have bought a Mandala.cafe Pro license are granted a comprehensive, non-exclusive, transferable license to use all content created with Mandala.cafe for both personal and commercial purposes. Mandala.cafe Pro users have the right to use, reproduce, modify, display, distribute, and create derivative works of the content, worldwide, in perpetuity, for any lawful commercial purpose without requiring further permission or attributing the source of the material. This license does not confer the right to resell access to Mandala.cafe itself or to use Mandala.cafe's trademarks or service marks without prior written approval.

The distinction between personal and commercial use under these terms is determined at the discretion of Mandala.cafe, and Mandala.cafe reserves the right to request documentation or evidence of use to ensure compliance with these terms. Failure to comply with these usage rights and restrictions may result in termination of your account, revocation of the license granted herein, and legal action.

License Scope and Enterprise Solutions

Pro License Scope

The Mandala.cafe Pro license is designed as a personal license, intended for use by a single individual. With the purchase of a Mandala.cafe Pro subscription, the subscriber is granted the ability to access the service on up to two devices concurrently. This license is non-transferable, meaning it cannot be shared or used by more than one individual.

The use of the Mandala.cafe Pro service under this license is limited to the account holder only and is intended to ensure optimal service performance and security for our users. Any attempt to share, distribute, or transfer the Pro license, including but not limited to sharing account credentials, automating account access for multiple users, or other methods of circumventing the single-user license restriction, may result in termination of the subscription and legal action.

Team & Enterprise Licensing

For organizations, teams, or individuals requiring access to Mandala.cafe on more than two devices concurrently, we offer tailored team and enterprise licensing solutions. These solutions are designed to accommodate the needs of larger groups and provide an efficient and secure way for teams to access Mandala.cafe services collectively.

To inquire about our team and enterprise licensing options, please contact us directly through our website. Our team will work with you to understand your specific needs and provide a customized licensing solution that best suits your organization's requirements.

By offering flexible licensing options, Mandala.cafe aims to support a wide range of users, from individual creatives to large corporations, ensuring that all our customers can benefit from our services in a way that best fits their unique situations.

Third Party Websites

This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.

These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of Mandala.cafe is at your sole risk. The Website is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

Term and termination

This Terms and Conditions will become effective in relation to you when you create a Mandala.cafe account or when you start using the Mandala.cafe and will remain effective until terminated by you or by us.

Mandala.cafe reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of this Terms and Conditions or otherwise. If Mandala.cafe terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, Mandala.cafe shall have no liability or responsibility to you.

Assignment

Mandala.cafe may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.

Governing Law

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Finland without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution:

In the event of any disputes arising from the use of this Website or these Terms and Conditions, we strongly encourage initially attempting to resolve matters amicably through direct communication. If resolution cannot be reached, such disputes will be resolved through the legal process in the jurisdiction of Finland, in accordance with Finnish law.

Refund and Cancellation Policy for Digital Purchases:

Mandala.cafe offers digital purchases of licenses. Due to the nature of digital content, customers waive the usual 14-day refund period available under EU consumer rights laws. All sales of digital licenses are final and non-refundable once they are accessed or downloaded by the customer.

Notification of Changes:

We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting to our Website. We will notify our customers of any significant changes to these Terms and Conditions via email. Your continued use of our Website after such notifications will constitute your acceptance of these changes.