mintecalc-legal

Terms and Conditions

Last Updated: November 27, 2024

App Name: MinteCalc
Company: 3MD FAMILY (PTY) LTD
Contact: support@mintecalc.com
Website: https://mintecalc.com


1. Agreement to Terms

Welcome to MinteCalc! These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and 3MD FAMILY (PTY) LTD (“Company,” “we,” “us,” or “our”) governing your access to and use of the MinteCalc mobile application (the “App”).

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, access, or use the App.


2. Eligibility

You must be at least 13 years of age (or the applicable age of consent in your jurisdiction) to use the App. By using the App, you represent and warrant that you meet this eligibility requirement. If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.


3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial purposes.


4. Restrictions on Use

You agree not to:


5. User Content and Data

5.1 Your Content

You retain ownership of any data, calculations, notes, or other content you create, input, or store within the App (“User Content”). You are solely responsible for your User Content and ensuring that it does not violate any laws or third-party rights.

5.2 Data Accuracy

The App is designed to assist with calculations and related functions. While we strive for accuracy, we do not guarantee that all calculations, results, or outputs will be error-free. You are responsible for verifying any results and should not rely solely on the App for critical decisions, including but not limited to financial, medical, legal, or safety-related decisions.


6. Google Drive Integration

6.1 Backup and Restore

The App provides the ability to back up and restore your User Content to your personal Google Drive account. By using this feature, you agree to the following:

6.2 Data Privacy

We do not have access to your Google account credentials. The App only accesses data necessary for the backup and restore functionality. For more information, please review our Privacy Policy.


7. In-App Purchases and Subscriptions

7.1 Pro Upgrade

The App offers premium features through in-app purchases, including:

7.2 Payment Processing

All payments are processed through the respective app store (Apple App Store or Google Play Store). By making a purchase, you agree to the payment terms of the applicable app store. We do not directly collect or store your payment information.

7.3 Subscription Terms

7.4 Price Changes

We reserve the right to change subscription prices at any time. Price changes will take effect at the start of the next subscription period following the date of the price change. Your continued use of the Pro features after a price change constitutes your acceptance of the new price.

7.5 Pro Features

Pro users enjoy an ad-free experience and access to additional premium features. The specific features included in the Pro Upgrade may change over time.


8. Advertisements

The free version of the App displays advertisements powered by Google AdMob. By using the free version of the App, you consent to receiving such advertisements. Advertisements may be personalized based on your interests and usage patterns, as described in our Privacy Policy.

You can opt out of personalized advertising by adjusting your device settings or visiting Google’s Ads Settings.


9. Third-Party Services

The App integrates with or uses the following third-party services:

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of any third-party services.


10. Intellectual Property

10.1 Our Rights

The App, including its design, features, code, graphics, logos, and content (excluding User Content), is owned by 3MD FAMILY (PTY) LTD and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted to you are reserved.

10.2 Trademarks

“MinteCalc,” the MinteCalc logo, and any other trademarks, service marks, or trade names used in the App are the property of 3MD FAMILY (PTY) LTD. You may not use our trademarks without our prior written permission.


11. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

YOU USE THE APP AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APP IS DONE AT YOUR OWN DISCRETION AND RISK.


12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 3MD FAMILY (PTY) LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

THIS LIMITATION APPLIES WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER.


13. Indemnification

You agree to indemnify, defend, and hold harmless 3MD FAMILY (PTY) LTD, its directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:


14. Termination

14.1 Termination by You

You may terminate your use of the App at any time by uninstalling the App and, if applicable, canceling any active subscriptions through your app store account.

14.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, without notice, for any reason, including but not limited to your violation of these Terms.

14.3 Effect of Termination

Upon termination, your license to use the App will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 10 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law).


15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms within the App and updating the “Last Updated” date. Your continued use of the App after any changes constitutes your acceptance of the updated Terms.


16. Governing Law and Dispute Resolution

16.1 Governing Law

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

16.2 Dispute Resolution

Any disputes arising from or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the laws of the Republic of South Africa.

16.3 Class Action Waiver

To the extent permitted by law, you agree that any disputes will be resolved on an individual basis and that you will not bring or participate in any class action, collective action, or representative action against us.


17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and 3MD FAMILY (PTY) LTD regarding the App and supersede any prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

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

17.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.


18. Contact Us

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

3MD FAMILY (PTY) LTD
Email: support@mintecalc.com
Website: https://mintecalc.com


These Terms and Conditions are effective as of November 27, 2024.