This Agreement is made on the 22nd day of August 2025, between minimall LLC, a California limited liability company, and Users of the website located at minimall.io
minimall LLC, a California limited liability company, with its principal place of business in the state of California, USA ("Company", "we", "us", or "our"), is the owner and operator of the website located at minimall.io (the "Website").
Any individual or entity who accesses, visits, browses, or uses the Website in any manner ("User", "you", or "your"), including both registered users who have created accounts and unregistered visitors.
Company owns and operates the Website, which provides software and related services to users worldwide.
The Website allows users to browse and access various features, content, and services provided by Company.
Company requires all users to agree to these terms and conditions to establish a clear legal framework governing the use of the Website and the relationship between Company and its users.
These Terms of Use are necessary to protect Company's intellectual property rights, limit liability, establish user responsibilities, and ensure the Website operates in accordance with applicable laws and regulations.
By accessing or using the Website, users acknowledge they have read, understood, and agree to be bound by these Terms of Use and any additional terms that may apply to specific features or services.
Account means any user account created on the Website that allows access to certain features and services.
Applicable Law means all applicable federal, state, and local laws, regulations, and ordinances of the United States and the State of California.
Company, we, us, or our means minimall LLC and its successors, assigns, affiliates, agents, and representatives.
Content means all text, graphics, images, music, software, audio, video, information, and other materials available on or through the Website, excluding User Content.
Intellectual Property Rights means all intellectual property rights worldwide, including copyrights, trademarks, service marks, trade secrets, patents, moral rights, and any other proprietary rights.
Personal Data means any information that identifies or can be used to identify a natural person.
Services means all features, tools, applications, content, and services made available by Company on or through the Website.
Terms or Terms of Use means these terms and conditions, as may be amended from time to time.
Third Party means any person or entity other than Company or User.
User, you, or your means any individual or entity that accesses or uses the Website.
User Content means any content, data, information, or materials submitted, posted, or transmitted by Users on or through the Website.
Website means the website located at minimall.io and all associated subdomains, mobile applications, and related services operated by Company.
By accessing, browsing, or using the Website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and all applicable laws and regulations.
If you do not agree with any provision of these Terms of Use, you must immediately cease all use of the Website and may not access or use any Services.
You represent and warrant that you have the legal capacity to enter into these Terms of Use and that you are at least eighteen (18) years of age, or if you are under eighteen (18) years of age, that you are at least thirteen (13) years of age and have obtained parental or guardian consent to use the Website.
Your continued use of the Website after any modifications to these Terms of Use constitutes your acceptance of such modifications, whether or not you have reviewed the updated terms.
These Terms of Use form a legally binding agreement between you and Company from the moment you first access or use the Website.
Company may require you to provide additional consent or take specific actions to confirm your acceptance of these Terms of Use or any modifications thereto.
If you are accessing or using the Website on behalf of an organization, you represent and warrant that you have the authority to bind such organization to these Terms of Use, and your acceptance constitutes acceptance by such organization.
Company provides the Services through the Website, which may include but are not limited to software.
The Services are provided on an "as available" basis and Company reserves the right to modify, suspend, or discontinue any Services at any time without prior notice.
Access to certain Services may require Users to create an Account and provide accurate registration information.
Company may impose usage limits, restrictions, or conditions on the Services at its sole discretion.
Some Services may be subject to additional terms and conditions, which will be presented to Users before accessing such Services.
The Website may integrate with or link to Third Party services, applications, or websites that are not owned or controlled by Company.
Company is not responsible for the availability, content, privacy policies, or practices of any Third Party services.
Users access Third Party services at their own risk and subject to such Third Party's terms and conditions.
Company does not guarantee that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.
The Services are intended for Users who are at least 18 years old or the age of majority in their jurisdiction, whichever is greater.
Account Creation and Eligibility
To access certain features of the Website or Services, Users may be required to create an Account by providing accurate and complete registration information.
Users must be at least 18 years of age or the age of majority in their jurisdiction to create an Account, unless parental consent has been obtained in accordance with Applicable Law.
Users may only create and maintain one Account and may not create additional Accounts to circumvent suspensions, bans, or other restrictions.
Registration Information
Users must provide true, accurate, current, and complete information during the registration process and maintain the accuracy of such information.
Users are responsible for updating their Account information promptly when changes occur.
Company reserves the right to verify registration information and may request additional documentation to confirm User identity or eligibility.
Account Security
Users are solely responsible for maintaining the confidentiality of their Account credentials, including usernames and passwords.
Users must immediately notify Company of any unauthorized access to or use of their Account.
Users are liable for all activities that occur under their Account, whether authorized or not, until Company has been notified of potential unauthorized access.
Account Restrictions
Accounts are personal to the registered User and may not be transferred, sold, or assigned to any Third Party without Company's prior written consent.
Company may refuse to create an Account, suspend, or terminate any Account at its sole discretion for violation of these Terms of Use or for any other reason.
Account Termination
Users may terminate their Account at any time by following the procedures specified on the Website or by contacting Company.
Upon termination, Users' right to access the Website and Services through their Account will cease immediately, though certain provisions of these Terms of Use will survive termination.
Permitted Uses. You may use the Website and Services only for lawful purposes and in accordance with these Terms of Use.
You may access and use the Content for personal, non-commercial purposes, subject to the restrictions set forth in these Terms of Use and any applicable intellectual property rights.
Prohibited Uses. You agree not to use the Website or Services:
For any unlawful purpose or to solicit others to take unlawful actions;
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity;
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Company, may harm Company or users of the Website or expose them to liability;
To upload, transmit, or distribute any computer viruses, worms, or any code of a destructive nature;
To attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
To take any action that may damage Company's rating or reputation or otherwise harm Company in any way;
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
To submit false or misleading information;
To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Services;
To collect or track the Personal Data of others without their consent;
To engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
To interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
To sell or otherwise transfer your profile or Account.
Compliance with Laws. You are solely responsible for ensuring that your use of the Website and Services complies with all Applicable Law.
Enforcement. Company reserves the right to terminate your access to the Website immediately, without prior notice or liability, if you breach any of these prohibited uses.
User Content Ownership and License
You retain ownership of any User Content you submit, post, or display on or through the Website.
By submitting User Content, you grant Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and Company's business operations.
This license continues even if you stop using the Website, but only for User Content that has been shared with other Users or incorporated into the Website's functionality.
User Content Responsibilities
You are solely responsible for your User Content and the consequences of posting or publishing it.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the license set forth in clause 6.1.2.
You represent that your User Content does not and will not infringe, violate, or misappropriate any Third Party's Intellectual Property Rights or other proprietary rights.
Prohibited User Content
You agree not to submit User Content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable.
You may not submit User Content that infringes any patent, trademark, copyright, trade secret, or other proprietary rights of any party.
You may not submit User Content containing viruses, malware, or other harmful computer code.
Company's Rights Regarding User Content
Company has the right, but not the obligation, to monitor, review, and remove any User Content at any time without notice.
Company may refuse to accept or transmit any User Content for any reason.
Company reserves the right to remove User Content that violates these Terms of Use or is otherwise deemed inappropriate in Company's sole discretion.
DMCA Compliance
Company respects Intellectual Property Rights and expects Users to do the same.
If you believe your copyright has been infringed, please provide Company with written notice containing the information required under the Digital Millennium Copyright Act.
Company will respond to valid DMCA notices in accordance with Applicable Law.
Company Ownership. All Content, design, graphics, text, software, images, videos, information, logos, patents, trademarks, service marks, copyrights, and other Intellectual Property Rights on or related to the Website are the exclusive property of Company or its licensors.
Limited License to Users. Subject to these Terms of Use, Company grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for personal, non-commercial purposes only.
Restrictions on Use. Users may not, without Company's prior written consent:
Copy, modify, distribute, sell, or lease any part of the Website or Services;
Reverse engineer, decompile, or attempt to extract the source code of the Website;
Remove, alter, or obscure any proprietary notices, labels, or marks on the Website;
Use Company's trademarks, logos, or other identifying marks without authorization.
User Content License. By submitting User Content to the Website, Users grant Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and Company's business operations.
User Content Representations. Users represent and warrant that they own or have the necessary rights to submit User Content and that such content does not infringe any Third Party's Intellectual Property Rights.
DMCA Compliance. Company will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act and will terminate repeat infringers' access to the Website.
Reservation of Rights. All rights not expressly granted to Users are reserved by Company.
Company's Privacy Policy, which is incorporated by reference into these Terms of Use, governs the collection, use, processing, and disclosure of Personal Data obtained through the Website and Services.
By using the Website, User acknowledges that User has read and understood the Privacy Policy and consents to the collection, use, processing, and disclosure of Personal Data as described therein.
Company may collect Personal Data through various means, including but not limited to:
Information provided directly by User during Account registration or use of Services;
Automatically collected information through cookies, web beacons, and similar tracking technologies;
Information obtained from Third Party sources where legally permitted.
User acknowledges and agrees that Company may process Personal Data in accordance with Applicable Law, including without limitation the California Consumer Privacy Act and any successor legislation.
User has certain rights regarding Personal Data as set forth in the Privacy Policy and as required by Applicable Law, including rights to access, correct, delete, or restrict processing of Personal Data.
Company reserves the right to update or modify the Privacy Policy at any time, and such changes shall be effective immediately upon posting on the Website unless otherwise specified.
Continued use of the Website following any changes to the Privacy Policy constitutes User's acceptance of such changes.
In the event of any conflict between these Terms of Use and the Privacy Policy regarding the treatment of Personal Data, the Privacy Policy shall control.
Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
"As-Is" and "As Available" Basis. THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND.
No Warranty Regarding Accuracy or Completeness. COMPANY MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, OR ANY CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.
No Warranty Regarding Availability. COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
Third-Party Content Disclaimer. COMPANY DISCLAIMS ALL WARRANTIES REGARDING ANY THIRD-PARTY CONTENT, WEBSITES, PRODUCTS, OR SERVICES ACCESSIBLE THROUGH THE WEBSITE OR REFERENCED IN ANY CONTENT.
User Content Disclaimer. COMPANY MAKES NO WARRANTIES REGARDING USER CONTENT AND DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY USER CONTENT.
Technical Performance. COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.
Legal Compliance. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THEIR USE OF THE WEBSITE COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS IN THEIR JURISDICTION.
Maximum Liability Cap. Company's total aggregate liability to User for all claims arising out of or relating to these Terms or the use of the Website shall not exceed the greater of (i) one hundred dollars ($100) or (ii) the amount paid by User to Company in the twelve (12) months preceding the claim.
Exclusion of Consequential Damages. To the maximum extent permitted by Applicable Law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, regardless of whether Company has been advised of the possibility of such damages.
Website Availability and Performance. Company shall not be liable for any damages arising from interruptions, delays, errors, or failures in Website availability, performance, or functionality, including but not limited to server downtime, network connectivity issues, or technical malfunctions.
User Content and Third Party Actions. Company shall not be liable for any damages arising from User Content, actions of other users, or Third Party content, products, or services accessible through the Website.
Data Loss and Security. Company shall not be liable for any loss, corruption, or unauthorized access to User data, Personal Data, or Content, except to the extent such liability cannot be excluded under Applicable Law.
Force Majeure. Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, labor disputes, or government actions.
California Law Compliance. Nothing in this section shall exclude or limit Company's liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under California law.
User Acknowledgment. User acknowledges that the limitations set forth in this section are reasonable and reflect the allocation of risk between the parties, and that Company would not provide the Services without these limitations.
User Indemnification Obligation. User agrees to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (i) User's access to or use of the Website or Services; (ii) User's violation of these Terms of Use or any Applicable Law; (iii) User Content posted, uploaded, or transmitted through the Website; (iv) User's infringement or violation of any Intellectual Property Rights or other rights of any Third Party; or (v) any harm caused to any Third Party by User's actions or omissions.
Defense and Settlement Rights. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User, in which event User shall cooperate with Company in asserting any available defenses and shall not settle any such matter without Company's prior written consent.
Notice and Cooperation Requirements. Company will provide User with prompt written notice of any claim subject to indemnification, provided that failure to provide such notice shall not relieve User of indemnification obligations except to the extent User is materially prejudiced thereby. User shall cooperate fully with Company in the defense of any such claim and shall provide Company with such assistance, information, and authority as may be reasonably required.
Survival. The indemnification obligations set forth in this Section 11 shall survive termination or expiration of these Terms of Use and User's use of the Website.
Termination by Company. Company may terminate or suspend User's access to the Website and Services, including any Account, immediately and without prior notice, for any reason or no reason, including but not limited to User's breach of these Terms of Use, violation of Applicable Law, or conduct that Company determines is harmful to the Website, other users, or Company's business interests.
Termination by User. User may terminate these Terms of Use at any time by discontinuing use of the Website and Services and, if applicable, closing any Account.
Effect of Termination. Upon termination of these Terms of Use:
User's right to access and use the Website and Services will immediately cease;
Company may delete or disable User's Account and any associated User Content;
Company has no obligation to retain, store, or provide User with any User Content or Account information;
All licenses granted to User under these Terms of Use will immediately terminate.
Survival. The following provisions will survive termination of these Terms of Use: Definitions, Intellectual Property Rights, User Content licensing provisions, Disclaimers and Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and this Termination section.
No Liability for Termination. Company will not be liable to User or any Third Party for termination of access to the Website or Services, deletion of User Content, or closure of any Account.
Informal Resolution. Before initiating any formal dispute resolution proceeding, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Website through good faith negotiations for a period of thirty (30) days.
Binding Arbitration. Any dispute, claim, or controversy that cannot be resolved through informal negotiations shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
The arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules.
The arbitration shall take place in Los Angeles County, California, unless otherwise agreed by the parties.
The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.
Exceptions to Arbitration. Notwithstanding the arbitration requirement, either party may bring an individual action in small claims court if the claim falls within the court's jurisdiction, or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
Class Action Waiver. User agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Limitation Period. Any claim or cause of action arising out of or related to these Terms of Use or the Website must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
Costs and Fees. Each party shall bear its own costs and attorney's fees in any dispute resolution proceeding, unless otherwise awarded by the arbitrator or court.
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
To the extent that federal law applies to any aspect of these Terms of Use or the relationship between Company and User, such federal law shall govern those specific matters.
Any legal action or proceeding arising under these Terms of Use shall be brought exclusively in the federal or state courts located in California, and the parties hereby irrevocably consent to the personal jurisdiction and venue of such courts.
User waives any objection to the laying of venue of any such action or proceeding in such courts and waives any claim that such courts are an inconvenient forum.
If User is located outside the United States, User agrees that California law shall govern these Terms of Use notwithstanding any principles of international law or conflict of laws that might otherwise apply.
Company reserves the right, in its sole discretion, to modify, update, or revise these Terms of Use at any time without prior notice to Users.
Company will post the updated Terms of Use on the Website and update the "Last Modified" date at the top of these Terms of Use.
For material changes to these Terms of Use, Company may provide additional notice through email notification to registered Users, prominent posting on the Website, or other reasonable means of communication.
All modifications to these Terms of Use will become effective immediately upon posting to the Website, unless otherwise specified by Company.
Users are responsible for regularly reviewing these Terms of Use to stay informed of any changes.
Continued access to or use of the Website following the posting of any modifications constitutes User's acceptance of such modifications.
If User does not agree to any modification of these Terms of Use, User's sole remedy is to discontinue all use of the Website and Services.
Company is not obligated to provide individual notice of modifications to Users, except as may be required by Applicable Law.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Use.
The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms of Use.
The remaining provisions shall continue in full force and effect to the maximum extent permitted by Applicable Law.
If any invalid, illegal, or unenforceable provision would be valid, legal, or enforceable if some part of it were deleted or modified, such provision shall apply with the minimum modification necessary to make it valid, legal, and enforceable.
In the event that a court of competent jurisdiction determines that any provision is overly broad or unreasonable, the court may modify such provision to the extent necessary to make it reasonable and enforceable while preserving the intent of the parties.
Company and User agree that any court making such determination shall have the authority to reduce the scope, duration, or geographic area of any provision to the extent necessary to make it enforceable.
For questions, concerns, or notices regarding these Terms of Use, Users may contact Company through the following methods:
All legal notices, including notices of termination, breach, or other matters requiring formal communication, must be sent in writing to Company's designated address specified in clause 17.1.2 or to the email address designated for legal matters at legal@minimall.io.
Users may contact Company regarding disputes, complaints, or concerns about Content or Services through the contact methods specified in clause 17.1.
Company will acknowledge receipt of communications within 90 business days and will respond to substantive inquiries within 90 business days, except where otherwise required by Applicable Law.
For privacy-related inquiries or requests regarding Personal Data, Users should refer to Company's Privacy Policy or contact Company using the designated privacy contact information provided therein.
Company reserves the right to update contact information by posting revised information on the Website or through other appropriate means of notification to Users. These Terms of Use become effective immediately upon User's first access to or use of the Website. By accessing, browsing, or using any portion of the Website, User acknowledges that User has read, understood, and agrees to be bound by these Terms of Use and all applicable laws and regulations. User's continued use of the Website constitutes ongoing acceptance of these Terms of Use as they may be modified from time to time. No physical or electronic signature is required; User's access to or use of the Website serves as User's electronic signature and agreement to these Terms of Use. Company may update these Terms of Use at any time by posting revised terms on the Website with an updated effective date, and User's continued use after such posting constitutes acceptance of the modified terms.