This page sets out the terms and conditions on which you may use Mind the Product, your Mind the Product Membership, and the content/services available on them (which we call “Mind the Product Content”). We only make these terms and conditions available in the English language.
These terms apply in different ways depending on what type of user you are, as follows:
Registered users and members: These terms apply to your use of mindtheproduct.com and all Mind the Product Content irrespective of the delivery platform or device you use to access it. By accessing Mind the Product you are agreeing to these terms and conditions. If you do not agree with the terms and conditions you should not use Mind the Product or any Mind the Product Content and should cancel any membership in accordance with your cancellation rights (see Section 5 below). If you have any questions please contact firstname.lastname@example.org.
We strongly recommend that you read these terms and conditions in their entirety. For further details of our registration and membership options, please see our Registering and Subscribing Guide.
All users: These terms and conditions replace all previous terms and conditions for Mind the Product. Mind the Product may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of any significant changes in Section 14 below. You should regularly check Section 14 to see if any changes have been made. If you are a Mind the Product Member, any changes to our terms and conditions will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not a Mind the Product Member, any changes will become effective as soon as we post them on Mind the Product.
We may in exceptional circumstances cease to publish Mind the Product, the Mind the Product Content or cease to provide membership services. We will give you at least 30 days’ notice of this, if possible. If we do so, then we will have no further obligation to you, unless you are a member in which case we will offer you a refund of the unexpired period of your paid membership. See Section 5 for details.
2. Access and use
Our ability to invest in high quality content depends on our users complying with our copyright policy: Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
- you may always link to content on Mind the Product, or refer to the content with correct attribution
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Organisations that may be using Mind the Product Content without the appropriate permissions may approach us at email@example.com with a view to discussing the purchase of a licence to legitimize that use.
The amount and types of Mind the Product Content that you can view, and the platforms on which you can view Mind the Product Content, depend on what type of user you are and what type of membership (if any) you have. We can vary the access rights of registered users who are not accessing through a paid membership at any time at our discretion.
On registration, you must provide Mind the Product with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable Mind the Product registration or membership pages. Mind the Product is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a user name and password (“ID”). The email address that you provide on registration must correspond to a named email account and not a generic or shared email account. You are not allowed to share your ID or give access to Mind the Product Content through your ID to anyone else. Mind the Product does not allow multiple users on a network or within an organization to use the same ID. Mind the Product may cancel or suspend your access to Mind the Product if you share your ID without further obligation to you. You may not create additional registration or membership accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of Mind the Product.
You are responsible for all use of Mind the Product made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify Mind the Product immediately by e-mailing us at firstname.lastname@example.org.
If you provide Mind the Product with an email address that will result in any messages Mind the Product may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or colleague) then you promise that you are entitled to receive those messages. You also agree that Mind the Product may stop sending messages to you without notifying you.
If you are a registered user or member of Mind the Product then you may choose to use Mind the Product’s “Remember me” log in feature that enables you to be logged in automatically to Mind the Product whenever you visit Mind the Product without having to manually log in each time. We recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your membership details and features of Mind the Product personal to you.
4. Membership services
We offer membership services through Mind the Product and recommend that you read our Frequently Asked Questions for more details and before purchasing a membership.
Types of membership: unless you purchase a membership to use Mind the Product then your usage rights will be limited. We offer various types of membership: the options currently available are set out at www.mindtheproduct.com/membership/compare.
Mind the Product reserves the right to vary the amount of content and types of service that it makes available to different categories of user. If you are a Mind the Product Member, any significant reduction in the scope of your membership will take effect only after we have given you at least 30 days’ notice, and will apply from the date of your next payment following that 30-day period. This does not apply where a type of content or service intended for Premium memberships is made available to free users on an introductory, temporary or trial basis.
Contract formation: Mind the Product will try to process your membership promptly but does not guarantee that your membership will be activated by any specified time. By submitting your payment and other membership details, you are making an offer to us to buy a membership. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your membership. Mind the Product reserves the right to reject any offer in its discretion, for any or no reason.
Payment details: when you purchase a membership, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a membership using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your membership. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment.
Pricing: the membership price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you purchase your membership. For certain memberships you can take out either an annual or monthly (or other frequency we offer) membership. You can also take out any other fixed term or payment frequency that we may offer from time to time. The currency in which your membership is payable will be specified during the order process, depending on the service and your country of residence. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your membership. We will always tell you in advance of any increase in the price of your membership and offer you an opportunity to cancel it if you do not wish to pay the new price.
Trial memberships: where we provide a trial membership, we will inform you of the full membership price that is payable after the trial period. After the trial, your membership will renew automatically at the full membership price unless you cancel your membership before the end of the trial. To cancel your membership during the trial please go to Manage Your Account and follow the simple cancellation instructions.
Please note that no more than one trial membership per member is allowed in any twelve-month period. We reserve the right to cancel any trial membership immediately, without refund, if we become aware that the member has already had another trial membership in the previous twelve months.
Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a membership at that price, even if we have mistakenly accepted your offer to buy a membership at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the membership without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your membership and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
Sales tax: our membership prices are inclusive of sales tax, and our reseller Paddle will charge you the correct rate of local sales tax as applicable to your country and tax status. If you have any questions about the tax rate charged, tax invoices, or similar contact them directly at email@example.com
Other costs: in addition to the membership fee you are charged, certain banks and credit card issuers will charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. Please check with your bank or credit card issuer to find out if such charges will be applied to you; Mind the Product is not responsible for any such charges. You are also responsible for paying any internet connection or telecommunications charges that you may incur by accessing Mind the Product or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
5. Renewal and cancellation of membership
Renewals: If you chose to pay monthly, your membership will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. We will notify you at least 14 days in advance of any changes to the price in your membership that will apply upon next monthly renewal. Please see the “How to cancel” section below for details of how to cancel your monthly membership. If you chose to pay annually, unless you notify us before the end of your annual membership period that you no longer wish to receive it, your annual membership will renew for another year. We will charge the membership using the same card or other payment method that you previously used.
Initial cancellation period: By placing your order you agree that we may start your membership immediately upon our accepting your order. This means that you are not entitled to a refund if you change your mind after we have provided you with access to your membership.
Subsequent cancellation of your membership: Except as set out in the previous section, you do not have any right to cancel your membership or any part of it until the end of your then current membership period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current membership period, and you will not receive a refund (except in the limited circumstances set out in these terms).
How to cancel: You may cancel online at www.mindtheproduct.com/membership/account/ or notify us of your wish to cancel your membership by contacting our Customer Care team. Email us at firstname.lastname@example.org with the following: “I/We hereby give notice that I/we cancel my/our membership”. Please then include:
- The member’s full name (person on the billing information if different from the user)
- The Account email address or Account Number (Customer Reference Number)
- The billing address or delivery address (Including zip code/postcode)
- Your contact telephone number
Cancellations by us: Mind the Product reserves the right to suspend or terminate your membership if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your membership if we are prevented from providing services to you by circumstances beyond our control. If we terminate your membership for any reason and/or permanently cease publishing Mind the Product, the Mind the Product Content or cease to provide membership services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your membership.
Mind the Product reserves the right to suspend or terminate your membership without refund in the event of any verbal or written abuse of any kind (including abusive, offensive or aggressive language) directed towards our Customer Care team, Mind the Product personnel, or members of the community.
Cancellation of your registration: If you are a registered user, but not a member, then Mind the Product reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration then please contact our Customer Care team at email@example.com.
6. User generated content
Mind the Product includes comments sections, blogs, and other interactive features that allow interaction between users – we call the information posted to these Forums by users “User Generated Content” or “UGC”.
If you wish to view or participate in a Forum then you must comply with any specific rules posted on the Forum. We also recommend that you read our Comments Guidelines which provide further guidance in relation to commenting on Mind the Product.
You will retain ownership of the copyright in any of your UGC that you or we publish on Mind the Product so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting Mind the Product a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on Mind the Product or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
You agree that you will:
- only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC
- not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication
- not post, link to or otherwise publish any UGC that is threatening, offensive, libellous, indecent or otherwise unlawful
- not post comments that are discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age
- respectfully challenge different points of view but not personally attack other commentators
- not disguise the origin of any UGC and not impersonate any person or entity (including Mind the Product employees or Forum guests or hosts) or misrepresent any connection with any person or entity
- not post or otherwise publish any UGC unrelated to the Forum or the Forum’s topic
- not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of Mind the Product or any computer software or equipment
- not collect or store other users’ personal data
- not restrict or inhibit any other user from using the Forums
- comply with the guidelines for commenting set out in our Commenting FAQ
The Forums contain UGC submitted by users over whom Mind the Product has no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.
It is not possible for Mind the Product to fully monitor all UGC published on Mind the Product but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from Mind the Product and act accordingly. This may include banning a user from participation in UGC on Mind the Product.
Our moderation and community team may contact you from time to time regarding your comments. Comments, including those made under a pseudonym, can be linked to your Mind the Product account by Mind the Product.
For more guidance about commenting on Mind the Product, please see our Commenting FAQ. If you believe that any UGC published on Mind the Product infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at firstname.lastname@example.org.
7. Third party sites and services
Mind the Product may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with Mind the Product and so include Mind the Product’s trademarks.
Mind the Product contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Mind the Product complies with international and national law. Mind the Product is not responsible for any error or inaccuracy in advertising or sponsorship material.
Copyright in any software that is made available for download from Mind the Product belongs to Mind the Product or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. Do not install or use any of this software unless you agree to such licence agreement. Mind the Product is not responsible for any technical or other issues that may happen if you download third party software.
8. Our responsibilities to you
A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, Mind the Product accepts responsibility (liability) to you for your use of Mind the Product or the Mind the Product Content or in respect of any third party products or services that we refer to or link to on Mind the Product. Unless you are a member of Mind the Product, we accept no financial responsibility to you arising from your use of Mind the Product or the Mind the Product Content. If you are a member of Mind the Product, we limit our financial responsibility to you arising from your use of Mind the Product or the Mind the Product Content to the price you paid for your membership.
In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on Mind the Product. By Third Party Products we mean products or services provided by third parties.
Although this means that we accept very little in the way of financial responsibility for your use of Mind the Product and the Mind the Product Content, we think this is fair on the basis that you can view certain content and services free-of-charge, and the cost of a membership or temporary access pass for additional access rights is relatively inexpensive. It is not commercially possible for us to accept more responsibility for your use of Mind the Product than set out in this Section 8 taking into account that we permit you to use Mind the Product for no or a relatively inexpensive cost.
Limitations of Mind the Product content: The Mind the Product Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the Mind the Product Content, including UGC and any other content provided by third parties and distributed by Mind the Product, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Mind the Product. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) Mind the Product are at your own responsibility and entered into at your own risk. Any information that you receive via Mind the Product, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you.
What we promise: Mind the Product promises to develop and operate Mind the Product with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware.
What we do not promise: Mind the Product does not provide any other promises or warranties about Mind the Product and the Mind the Product Content. Mind the Product and the Mind the Product Content are provided on an “as is” and “as available” basis. This means that Mind the Product does not make any promises in respect of Mind the Product or the services and functions available on or through Mind the Product or of the quality, completeness or accuracy of the information published on or linked to from Mind the Product other than as expressly stated above.
The above disclaimers apply equally to your use of Mind the Product and all Mind the Product Content. Without limiting the above, Mind the Product is not liable for matters beyond its reasonable control. Mind the Product does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
Our financial responsibility to you: You agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of Mind the Product or the Mind the Product Content (to the extent that Mind the Product’s liability is not otherwise excluded by this section 8) as follows:
- If you incur any loss as a result of using Mind the Product or any Mind the Product Content outside the scope of these terms and conditions, Mind the Product accepts no responsibility (liability) to you for this.
- You will be responsible for all claims, liabilities, damages, cost and expenses suffered or incurred as a result of your breach of these terms and conditions.
- Mind the Product will only be responsible for loss or damage you suffer which is the reasonably foreseeable result of Mind the Product’s breach of a legal duty of care owed to you, but in no event shall the liability of the Mind the Product or its affiliates exceed the amount, if any, paid by you to the Mind the Product for the particular membership product to which the claim relates.
- Mind the Product will not be responsible to you for any loss or damage suffered by your business, such as lost data, lost profits or any business interruption.
The limitations of liability in this section 8 apply for the benefit of Mind the Product, its affiliates, including those listed in section 6 and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.
To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the Mind the Product Content.
Mind the Product’s liability will not be limited in the case of death or personal injury directly caused by Mind the Product’s negligence in those countries where it is unlawful for Mind the Product to seek to exclude such liability.
9. Choice of law and jurisdiction
These terms and conditions are subject to English law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of England will (subject to the final paragraph in this Section 10) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to another company but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions constitute the entire agreement between you and the Mind the Product relating to your use of the Mind the Product website, Mind the Product’s mobile and other online services, and the Content. They supersede all previous communications, representations and arrangements, either written or oral.
11. Content ownership
All Mind the Product Content belongs to Mind the Product or its licensors who own all intellectual property rights (including copyright and database rights) in the Mind the Product Content and any selection or arrangement of the Mind the Product Content. No intellectual property rights in any Mind the Product Content are transferred to you. ”Mind the Product” and ”mindtheproduct.com” are registered trademarks and you may not use them without written permission from Mind the Product. You are permitted to use Mind the Product Content only as set out in Section 2. Access and Use.
12.1 You acknowledge and accept that we have the right to publicly announce our business relationship with you and your company which shall include but not be limited to announcements on social media. Such announcements shall not be disparaging or otherwise adverse to your business.
13. Corporate information
Pendo.io, Inc. dba Mind the Product, a company registered in the US with headquarters located at 301 Hillsborough St., Suite 1900 Raleigh, NC 27603; website https://www.pendo.io/, is the publisher of this Mind the Product website. If you are located in the European Union, you may use the following information to contact our Data Protection Officer and our European Union-Based Member Representative:
Data Protection Officer: Chuck Kesler, CISO
European Union-Based Member Representative:
14. Changes to terms and conditions
These terms and conditions were published on 7 April 2020.
The following changes were made on 20th August 2021, effective from 23rd August 2021
- Clause 12, “Marketing” was added