Terms of Use
Effective March 16, 2015

Production Minds Kft. (hereinafter: the "Company") operates this website to provide information about the Company and its products and services, in particular the software applications Production Minds Platform and Production Minds Store (hereinafter: “PMP”) and to provide online access to registered subscribers to use PMP as a service (hereinafter: the "Service").

Following your signing up on the Website you will be given access to use a limited version of PMP free of charge. Based on your free of charge access you can subscribe to a paid version of PMP making your choice between the subscription terms and features best meeting your business and professional needs.

By accessing and using this website, you agree to each of the terms and conditions set forth herein (hereinafter: "Terms of Use"). Please read these Terms of Use carefully before using the Service.

The www.productionminds.com website and domain name, and any other features, content, or applications offered from time to time by the Company in connection therewith (hereinafter: Website) are owned and operated by the Company.

Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the Website and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with the Service Level Agreement, the Privacy Policy and with applicable additional terms and conditions and published on the Website (hereinafter: the "Agreement") shall constitute the entire Agreement between you and the Company concerning the Website.

By using the Website in any manner, including but not limited to visiting or browsing the Website, you agree to be bound by the Agreement, which is incorporated herein by this reference.

1 Registration

You will be given access to a free limited version o PMP if you sign up on the Website. During the signing up you are required to enter your email address and full name and you are to choose a password. Successful signing up will be confirmed to you in email by our customer service.

The Company will be entitled to refuse any signing up if it finds that a signing up is based on false data or the purpose thereof is illegal or injurious for the Company or for the Website. The Company will be entitled to cancel any signing up if it finds that the use of the Website by the user is illegal or injurious for the Company or for the Website. In case of the refusal or cancellation by the Company as per above, the Company will not pay any indemnification or refund.

You can at any time request the cancellation of your signing up from the customer service (email address support@production-minds.com).

If you sign up as a private person you represent and warrant that you will use the Website and the Service for your own purposes and in your own name. If you sign up as a business entity or an organisation you represent and warrant that you are entitled to represent and to act on behalf of such business entity or organisation and the Website and the Service will be used for the purposes of such business entity or organisation by its duly authorised employees, agents or representatives.

2 Scope of the limited version of PMP

Your access to the free limited version of PMP will enable you to use the Service to start new productions with a time-limited trial license.

The trial license allows you to use the production free of charge, and expires 14 days after the day of your registration. The trial license allows up to 20 users to collaborate on the production, and grants you access to all additional features offered on the pricing page.

At the end of the 14-day period the trial license expires and your production data is automatically switched to read-only mode. You can subscribe to a paid plan any time during or after the trial period to reactivate your production.

3 Subscription

You can subscribe to a paid version of PMP by selecting a plan corresponding to the features and number of crew members you wish to involve in your production and selecting the term of your subscription. You can chose additional features to be included in your plan.

You can add multiple subscription plans to your shopping cart which you will need to review and confirm before checking out (execution of financial transaction). You will have to enter your billing address on the order review page. You can chose to be debited in two currencies – EURO or USD.

The Company will confirm the subscription in an email sent to the subscriber within 48 hours from the submission of the subscription.

The subscription and its confirmation by the Company will constitute a written contract between you as the subscriber and the Company.

The Company records such contract and will store it for up to 6 years from the expiry date of the subscription.

Subscription and its confirmation by the Company will be made in the English language.

The subscription will become effective and operating as of confirmation of the financial transaction. The subscription date qualifies as the commencement date of the subscription.

4 Prices and payment

Prices of the various plans are indicated during the subscription process. When selecting the term, the plan prices will automatically decrease by the discount associated to the respective term, and you will see the applicable plan prices.

Prices are quoted in EUR and in USD as selected by the user.

All prices are net prices. Value added tax applicable according to the current legal regulations will be added and payable in case of subscriptions, in which the billing address indicates Hungary, or a European Union member state where the EU tax number is not provided or proves to be invalid upon its verification in the official register of the European Union.

Payment will be made upfront during the subscription process by bank cards / credit cards only.

5 Term and termination of the subscription

You subscribe to the selected plan of PMP for a term of minimum one month. Your subscription will be renewed automatically for another month unless you suspend it in the Production Minds Store. You will automatically be charged the applicable subscription fee for the renewal term.

Notwithstanding any provision of these Terms or any course of dealing between the parties, you may not cancel, terminate or rescind a subscription during its term. Any and all payments by you to the Company for access to the Services are final.

6 Upgrading / Downgrading of the subscription

If you wish to upgrade/downgrade the terms or features of your subscription you will have the opportunity to do so any time.

Funds proportional to unused time on your previous plan will be credited to your upgraded plan, up to the price of the upgraded plan. In any event, no refund of payments will be made.

7 Handling of customer complaints and service level

You can report any complaint related to the operation of the Website or the availability of the Service through email sent to support@production-minds.com, via telephone at +36 1 787-9435, via telefax at +36 1 787-9422. All complaints will be investigated and answered via the channel of reporting within 48 business hours. If a complaint related to the Service is refused, the remedies available will also be communicated.

The Company shall use reasonable efforts to make the Service available to customers continuously. The service availability levels and remedies are described in the Service Level Agreement.

8 Modifications to the agreement

The Company reserves the right to modify the Agreement at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and to be bound by the Agreement as modified. You agree to review the Agreement regularly to ensure that you are updated as to any changes.

9 Use of Website

9.1. Other than for the designated purpose of PMP, you may use the Service, the Website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Website (hereinafter singly or collectively: the "Content") solely for your non-commercial, personal purposes and/or to learn about Production Minds products and services.

You will not copy or distribute any part of the Website in any medium without the Company's prior written authorization; you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website.

You may not decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website; and you may not link to the Website without the Company's prior written consent.

The Company reserves complete title and full intellectual property rights in all Content.

9.2. You agree to use the Website and Service only for lawful purposes. You agree not to take any action that might compromise the security of the Website or Service, render the Website or Service inaccessible to others or otherwise cause damage to the Website, Service, or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Company’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. The Company reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

10 Intellectual property rights and trademarks

10.1. The Website, the Service and the Content are protected by Hungarian and/or foreign copyright laws, and belong to the Company, or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by the Company and/or its parent company or other copyright owners who have authorized their use on the Website.

The Company reserves all rights not expressly granted in and to the Website and the Content.

10.2. You are prohibited from using any of the marks or logos appearing throughout the Website without permission from the trademark owner, except as permitted by applicable law.

10.3. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, the trademarks, service marks and logos, or other proprietary rights not owned by you, without the express prior written consent of the respective owners, and in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

You may not manipulate or alter in any way images or other Content on the Website.

11 Linking to third-party websites

Links on the Website to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the Company of the third party, the third-party website, or the information contained therein. The Company is not responsible for the availability of any such websites. The Company is not responsible or liable for any such website or the content thereon. If you use the links to the websites of the Company’s affiliates or service providers, you will leave the Website, and will be subject to the terms of use and privacy policy applicable to those websites.

12 Linking to the Website

Unless specifically authorized by the Company, you may not connect "deep links" to the Website, i.e. create links to this site that bypass the home page or other parts of the Website. You may not mirror or frame the home page or any other pages of this Website on any other web site or web page.

13 Downloading files

The Company cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.

14 DISCLAIMER OF WARRANTIES

The Company disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website, the Service, the Content and any product or service furnished or to be furnished via the Website.

The Company does not warrant that the functions performed by the Website or the Service will be uninterrupted, timely, secure or error-free, or that defects in the Website or the Service will be corrected.

The Company does not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected.

15 LIMITATION OF LIABILITY

The Company shall not be liable for direct or indirect damages arising out of the use of the Website, PMP or the Service or from the inability to use the Website, PMP or the Service (including but not limited to the loss of data, loss of profits, business interruption etc.). The Company will be solely liable to perform under the Agreement and except for damages caused by the Company intentionally its liability will be limited to the amounts paid by you to the Company under the Agreement.

In no event will the Company be liable for any damages whatsoever arising out of the use of the free limited version of PMP.

In no event will the Company be liable for any transaction conducted through or facilitated by the Website, any claim attributable to errors, omissions or other inaccuracies in the Website, the Service and/or the Content, unauthorized access to or alteration of your transmissions or data, or any other matter relating to the Website, the Service or the Content, even if the Company has been advised of the possibility of such damages.

If you are dissatisfied with the Website, the Service, the Content or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

16 Correction of errors and inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. The Company does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

17 General provisions

17.1 Force Majeure. No party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by: (i) failures of software or other computer programming (other than the Service purchased hereunder); (ii) natural weather events; or (iii) any other causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers; provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.

17.2 Severability. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect.

17.3 Waiver. No waiver by the Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

17.4 Governing Law and Venue. If there is any dispute about or involving the Website or the Service, you agree that the dispute shall be governed by the laws of Hungary, without regard to conflict of laws provisions. For all purposes of the Agreement, the parties consent to exclusive jurisdiction and venue in Hungary.


History of Changes to the Terms of Use

December 4, 2014 → March 16, 2014

July 25, 2014 → December 4, 2014

April 1, 2014 → July 25, 2014

December 17, 2013 → April 1, 2014

October 16, 2013 → December 17, 2013

April 20, 2013 → October 16, 2013