Last Updated & Effective Date: January 1, 2025
Scope & Applicability: Legally binding upon all website visitors, registered Customers, Workspace Administrators, Employees, and Authorized Users.

1. Nature of the Digital Platform

a. Viaminder operates an automated, cloud-hosted Software-as-a-Service (SaaS) platform specializing in scheduled task reminders, deadline management, compliance monitoring, and multi-recipient notification workflows.
b. All services, software tools, and reminder pipelines provided by Viaminder are 100% digital, electronic, and intangible. No physical products or tangible media are delivered.
c. Access to workspace dashboards, automated background cron processors, and cloud database allocations is provisioned immediately upon account registration and payment verification.

2. User Eligibility & Account Security

a. Accurate Information: The User is required to provide accurate, complete, and current registration information. Failure to do so, or utilizing temporary, disposable, or throwaway email domains, constitutes a material breach resulting in immediate account suspension or termination.
b. Credential Safeguarding: The User is strictly responsible for maintaining the confidentiality and security of their account credentials, passwords, and two-factor authentication (2FA) keys. The Company is not responsible for data loss, unauthorized access, or device compromises arising from customer security failures.
c. Legal Age: You confirm that you are at least 18 years of age and legally competent to enter into enforceable contracts under applicable laws.

3. General User Responsibilities & Acceptable Use

a. Price & Service Alterations: The Company reserves the right to modify service features, operational parameters, and subscription pricing at any time upon reasonable public or electronic notice.
b. Service Availability: The Company agrees to make commercially reasonable efforts to ensure the contracted services remain accessible, except in instances of technical malfunctions, scheduled maintenance, or circumstances beyond reasonable control.
c. Reverse-Engineering Prohibition: The User explicitly agrees not to reverse-engineer, decompile, disassemble, scrape, or engage in any automated or manual activity aimed at uncovering, retrieving, or replicating the platform’s source code, database architecture, or underlying algorithms.
d. Prohibited Content & Conduct: The User agrees not to produce, store, or disseminate content that violates public morality, is defamatory, infringing, abusive, fraudulent, or promotes illegal activities. Disseminating unsolicited bulk commercial advertisements (spam) or malware through task reminders is strictly prohibited. The Company reserves the right to suspend offending accounts immediately and cooperate fully with judicial authorities.
e. Inter-User Relationships: Relationships and communications between workspace members, employees, or third parties utilizing the platform are the exclusive responsibility of the users themselves.

4. Task Deadlines, Compliance & Express Non-Reliance Disclaimer

a. Sole Customer Responsibility: The Customer acknowledges and agrees that it remains solely and exclusively responsible for verifying, meeting, and complying with all official, corporate, and personal deadlines, including but not limited to ISO compliance audits, vehicle inspections, commercial lease renewals, corporate tax filings, statutory permits, court dates, and contractual obligations.
b. Absolute Release of Liability: Under no circumstances shall Viaminder, its operators, or technical infrastructure providers be liable for missed deadlines, expired permits, financial fines, contractual penalties, regulatory sanctions, lost profits, or business damages resulting from unreceived, delayed, overlooked, or filtered notifications.

5. Email Delivery & Third-Party Technical Dependencies

a. Transmission Fulfillment: Automated reminder emails are dispatched through third-party Simple Mail Transfer Protocol (SMTP) relays and transit networks. Viaminder’s delivery obligation is legally fulfilled the moment our servers transmit the electronic dispatch to the designated mail transit relay.
b. Independent Transit Factors: Delivery to recipient inboxes is inherently subject to external variables outside our control, including recipient email firewalls, spam classification algorithms, corporate filters, invalid/misconfigured email addresses, full mailboxes, or network outages on the recipient's email provider (e.g., Google, Microsoft).
c. Non-Receipt Claims: We do not warrant that intended recipients will open, read, or acknowledge any dispatched notification. Delivery failure caused by external factors does not constitute a platform defect or breach of contract.

6. Customer Data, Third-Party Consents & GDPR Representation

a. Controller vs. Processor: In processing task titles, notes, and recipient email addresses ("Customer Data"), the Customer acts as the Data Controller, and Viaminder acts strictly as a Data Processor under GDPR and relevant data protection laws.
b. Third-Party Authorization Warranty: The Customer explicitly warrants and represents that it possesses all legally necessary consents, authorizations, or legitimate interest justifications required by law before inputting personal data or email addresses of employees, contractors, clients, or third parties into the notification system.
c. Indemnification for Spam Complaints: The Customer agrees to defend, indemnify, and hold harmless Viaminder against any claims, regulatory penalties, spam complaints, or legal actions resulting from unauthorized email addresses inputted by the Customer.

7. Employee & Authorized Workspace Accounts

a. Account Owner Liability: Customer Owners may allocate staff or employee user profiles within their workspace. The Customer Owner remains entirely and vicariously liable for all actions, task modifications, data submissions, and deletions executed by its authorized personnel.
b. Access Revocation: The Customer Owner is solely responsible for terminating employee credentials immediately upon employee resignation, reassignment, or contract termination.

8. Public Verification & QR Code Functionality

a. Viaminder allows tasks to generate public status summaries verifiable via Unique Identifiers (UID) or machine-readable QR codes.
b. The Customer acknowledges that any party scanning or possessing a public UID/QR code will be able to view that task’s public verification status. The Customer is solely responsible for determining which tasks are appropriate for public tag generation and ensuring proprietary information is not inadvertently displayed.

9. Digital Product Purchases, Subscription & Refund Policy

a. Digital SaaS Provisioning: All subscriptions and tools offered on Viaminder are digital cloud services. Access is granted electronically and becomes available immediately upon successful payment.
b. Waiver of Right of Withdrawal: By purchasing a digital subscription, you expressly consent to immediate contract performance and explicitly acknowledge that you lose and forfeit your statutory 14-day right of withdrawal (cooling-off period) under EU Directive 2011/83/EU and international consumer protection frameworks once digital access is provisioned.
c. Strict No-Refund Policy: Due to immediate server computational allocation and digital delivery, all purchases and subscription fees are non-refundable and non-creditable. Refunds will not be granted for change of mind, lack of usage, forgotten accounts, or mistaken plan selection.
d. Pre-Purchase Acknowledgment: Before completing any purchase, users are required to explicitly accept this policy via checkbox verification.
e. Technical Outage Scope: In the rare event of verified, persistent technical failures attributable directly to Viaminder’s core servers that prevent platform access, the Company will take reasonable corrective action to restore service. Monetary refunds are not guaranteed.

10. Subscription Expiration, Grace Window & Permanent Data Purge

a. Prepaid Fixed-Term Model: Viaminder operates on a prepaid, fixed-term access model. Your payment method will not be debited automatically upon expiration without your voluntary authorization.
b. Advance Expiration Notices: Prior to the expiration of your subscription, automated renewal notices will be dispatched to your registered email address within our scheduled advance notification window.
c. Temporary Grace Retention Window: Following plan expiration, account tasks and configurations remain temporarily preserved within a designated grace retention window defined in platform settings, allowing you to log in and renew.
d. Permanent Hard Delete: If you do not renew your subscription within the platform’s designated grace retention window following expiration, our automated systems execute a permanent and irreversible deletion (Hard Delete). All associated tasks, timelines, employee profiles, and platform history will be permanently destroyed. Viaminder bears no legal or financial liability for data purged after the retention window concludes.
e. Account Profile Retention: While workspace task data is permanently purged, your primary customer owner account credentials remain intact to allow future service reactivation.

11. Intellectual Property Rights

a. Proprietary Ownership: All intellectual property rights related to the platform—including registered and unregistered trademarks, trade names, patents, logos, UI designs, icons, algorithms, and software code—are the exclusive property of Viaminder and are protected by national and international copyright treaties.
b. No Transfer of Rights: Utilizing the platform grants you a limited, non-exclusive, revocable license to access the service. No information, design, or asset from the Site may be copied, reproduced, published, distributed, or mirrored without prior written consent.

12. Confidentiality & Privacy

a. Protection of Personal Info: The Company will not disclose personal information provided by users to unauthorized third parties, except as outlined in our GDPR & Privacy Policy or required by lawful court orders.
b. Service Communications: The User agrees that contact information may be utilized by the Company for operational notices, security updates, service alerts, and platform announcements.
c. Law Enforcement Disclosure: Confidential information may be disclosed to judicial or government authorities strictly when compelled by valid legal processes.

13. Disclaimer of Warranties ("As Is")

To the maximum extent permitted by applicable law, the services offered by the Company are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or uninterrupted, bug-free operation.

14. Limitation of Liability

a. Indirect Damages Exclusion: To the fullest extent permitted by law, in no event shall Viaminder, its directors, officers, employees, or infrastructure providers be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, loss of data, business interruption, or reputational harm.
b. Monetary Liability Cap: In all circumstances, Viaminder’s maximum aggregate legal liability arising out of or related to this agreement shall be strictly capped at the total amount actually paid by you to Viaminder during the twelve (12) months immediately preceding the event giving rise to liability.

15. Force Majeure

Neither party shall be held liable for failure or delay in fulfilling contractual obligations resulting from events beyond reasonable control ("Force Majeure"), including natural disasters, fires, floods, wars, civil unrest, strikes, lockdowns, pandemics, national telecommunication blackouts, power grid disruptions, or major cloud infrastructure failures.

16. Severability & Agreement Integrity

If any clause or provision of this agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of any remaining provisions, which shall continue in full legal force and effect.

17. Modifications to Agreement & Platform

The Company reserves the right to amend, update, or replace these Terms and platform features at any time. Modifications become effective immediately upon being published on the Site. The User bears the responsibility to review this page periodically. Continued use of the platform after updates are posted constitutes binding acceptance of the revised Terms.

18. Electronic Notices & Communications

All official notices and communications related to this agreement will be conducted electronically via the email address submitted in your account profile. You agree that the electronic address provided during registration is your valid legal notification address. Any change of email address must be updated immediately in your account settings.

19. Evidentiary Agreement (Server Logs as Evidence)

In the event of any legal dispute arising from or connected with this agreement, the parties agree that Viaminder’s electronic database records, server access logs, cron execution journals, email delivery headers, and system audit logs shall constitute conclusive and exclusive primary evidence in accordance with applicable codes of civil procedure. The User expressly agrees not to challenge the evidentiary validity of these electronic records.

20. Account Termination & Suspension

Viaminder reserves the right to immediately suspend or permanently terminate your workspace access without prior notice or liability if you commit a material breach of these Terms, engage in abusive spam activity, initiate fraudulent payment disputes, or upon directive from law enforcement.

21. Dispute Resolution & Governing Law

This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is legally incorporated, without regard to conflict of law principles. Any legal disputes or litigation arising out of or in connection with this agreement shall be submitted to the exclusive jurisdiction of the competent courts of that jurisdiction.

22. Inquiries & Legal Contact

For inquiries, formal notices, or questions regarding these unified Terms of Service, please contact our administrative team:

• Email: [email protected]
• Online Contact Portal: viaminder.com/contact-us