Terms and Conditions

1. THE SERVICE

Mind Mark is an educational App that allows Users to learn about Marketing by taking different content lessons, organized by knowledge level and topic. Lessons are presented in various formats: reading texts, knowledge-check questions and interactive content.

1.2 Registration for the Service

To start using the Mind Markservices, the User must create their personal account (hereinafter the “Account”), registering the data requested from them (First name, Last name, Email), all of which are mandatory. The User will then be asked to create a secure Security Key (hereinafter the Key) to access their account, which must necessarily be more than six characters long. The User is solely responsible for maintaining the confidentiality of their own account.

1.3 Service Plans

The user can register and create an account completely free of charge on Mind Mark, under the “Free Plan”. However, if they wish to access unlimited content, additional features and associated benefits, they may choose and subscribe to the “Plus Plan”, which carries a cost associated with the service and may be paid monthly or annually, as detailed below:

• Monthly Plan USD 12.99
• Annual Plan USD 129.99

The specific characteristics of each type of account may be modified with prior notice by means of a publication in the App, by email, on Social Networks or on the Website, explaining the new conditions and characteristics of the service.

If the User wishes to obtain any kind of help regarding the use of the App or any of the services, they may do so by sending an email to hola@mindmark.app or by visiting the following Website www.mindmark.app

1.4 Plus Plan

If the User opts for the “Plus Plan”, the price of this service will depend on the billing period of the chosen plan, monthly or annual, and will be paid through Google Pay or Apple Pay processing, depending on the platform the User uses.

The additional features and benefits associated with the “Plus Plan” will be available immediately once payment is successfully processed by the aforementioned processors, with the User having a 7-day free trial period.

The User may cancel their subscription at any time. If they decide to cancel, all features and benefits associated with the “Plus Plan” will be disabled and, likewise, the information provided may be deleted.

2. LIABILITY

The User will be responsible for all operations carried out in their Account, since access to it is restricted to the entry and use of their Key, which is exclusively known to them. The User undertakes to notify the site immediately, through a suitable and reliable means, of any unauthorized use of their Account, as well as any access to it by unauthorized third parties. It is clarified that the sale, assignment or transfer of the Account (including reputation and ratings) under any title of Mind Mark is prohibited.

Mind Mark reserves the right to reject any registration request or to cancel a previously accepted registration without being obliged to communicate or state the reasons for its decision, and without this giving rise to any right to indemnification or compensation.

Mind Mark is not liable for any damage, harm or loss caused to the User by failures in the system, the server or the Internet. Mind Mark will also not be liable for any virus that may infect the User’s equipment as a result of accessing, using or examining its App or Website following any transfer of data, files, images, texts or audio contained therein. Users may NOT attribute any liability nor demand payment for loss of profit on the basis of harm resulting from technical difficulties or failures in the systems or on the Internet.

Mind Mark does not guarantee continuous or uninterrupted access to and use of its Website/App. The system may occasionally be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the control of Mind Mark; in such cases, efforts will be made to restore it as quickly as possible, without any liability being attributable for that reason. Mind Mark will not be liable for any error or omission of content on its Website/App.

3. PERSONAL DATA

In accordance with Law No. 18,331 on the Protection of Personal Data and Habeas Data Action, of 11 August 2008 (LPDP), the data provided by the User upon registration will be incorporated into the Database of Mind Mark, which will be processed exclusively for the purpose of fulfilling the service.

By the mere act of registering, the User consents to any form of contact from Mind Mark or from whoever it authorizes, for informational and/or advertising purposes through any electronic means.

Such data will be collected through legitimate means and will be only what is strictly necessary in order to provide the requested service. Personal data will be processed with an adequate level of protection, taking the security measures necessary to prevent its alteration, loss, unauthorized processing or access by third parties.

The User expressly consents to the use of the data they provide for the purpose of sharing it with third parties in the event that supplying such information is necessary for the development or performance of the contractual relationship between the User and Mind Mark.

If any of the data reported by the User is modified, they must report that circumstance to Mind Mark at the email address hola@mindmark.app, which will have a maximum period of 5 business days for rectification, updating, inclusion or deletion from the database.

Any personal data subject who first proves their identity with their identity document or respective power of attorney will have the right to obtain all the information about themselves held in public or private databases. This right of access may only be exercised free of charge at intervals of 6 months, unless a legitimate interest has again arisen in accordance with the legal system in force.

By virtue of the foregoing, it is declared under oath, in accordance with the regime established in article 347 of the Criminal Code and related articles of Law 18,331, that the data provided is true and that I accept the General Terms and Conditions and the Privacy Policy, and in particular, I expressly consent to the use of my data by Mind Mark in the manner described.

4. CONFIDENTIALITY

Mind Mark acknowledges that the information provided by the User is strictly confidential and under no circumstances will it use the information received for its own benefit or that of a third party for any purpose other than the one indicated in these Terms. The duty of confidentiality of Mind Mark does not extend to information that is publicly known or becomes public domain as a result of disclosure by third parties unrelated to Mind Mark and/or that is delivered to Mind Mark without an obligation of confidentiality by third parties unrelated to the parties. The User acknowledges and accepts that Mind Mark may disclose the confidential information obtained in the event that any competent public authority so requires, in which case it will incur no liability whatsoever in accordance with the provisions of Personal Data Protection Law No. 18,331.

5. INTELLECTUAL PROPERTY

Mind Mark is the owner of the Website/App domain name and of all content published there (images, logos, trademarks, texts, files, operations, software, hardware, domains, design), protected by copyright and trademark laws in the Eastern Republic of Uruguay. The improper use and/or total or partial reproduction of such content is prohibited, except with the express written authorization of Mind Mark.

6. MODIFICATION OF THE TERMS AND CONDITIONS

Mind Mark may modify the Terms and Conditions at any time, and they will be immediately applicable to the entire Website/App, with prior notice to the User through the channels of its own platform. Users may not justify non-compliance on the basis of ignorance of the aforementioned terms and conditions, since it is exclusively their responsibility to know the updated version, which will be available on the Website/App of Mind Mark.

7. GENERAL CONSIDERATIONS

If any clause or definition of these T&C is deemed invalid, this does not affect the validity and application of the remaining provisions.

The violation of any provision of this document by the User results in the immediate interruption of access to the platform.

These terms and conditions represent the entire agreement between Mind Mark and the User, replacing any previous document, including communications, changes of intent or any other type of agreement related to the same content.

Any amendment to these T&C will be made in writing and communicated to the User, with acceptance assumed if, after the notice, use of the platform continues.

8. APPLICABLE LAW AND JURISDICTION.

In any dispute arising from the application of these terms and conditions, the legislation of the Eastern Republic of Uruguay will apply, and the Courts of the Department of Montevideo will be competent to hear such disputes.

9. STATEMENT and CONTACT

It is established that all communication with Mind Mark must take place through the email address hola@mindmark.app, with the User being solely responsible for the information sent.