Terms of Use

1.1. These ToU are applicable to all services, including the functions for listing digital items, for exploring and placing ideas, and for messaging ("Mindaru Services"), that Mindaru provides to the Customer via their online platform and the platform's marketplace ("Mindaru Platform").

1.2. The Customer agrees to these ToU during their registration on the Mindaru Platform whereby a customer contract is concluded between the Customer and Mindaru ("Agreement").

1.3. Any contractual conditions that the Customer may wish to apply in addition to or as replacement of these ToU are hereby rejected and shall therefore not apply. An express deviating regulation is reserved if both Parties sign such a regulation.

2.1. Customer: The Customer is the company or natural person that has entered into the Agreement with Mindaru and is therefore authorized to use the Mindaru Services in accordance with these ToU.

2.2. Customer Account: After the Agreement comes into force, Mindaru provides the Customer with access data for their Customer Account. In the Customer Account, the Customer can, amongst others, manage their Customer details (name/company name, address, e-mail, link to the LinkedIn profile, etc.), manage their Plan, and view invoices and receipts.

2.3. Community Idea: A Community Idea is the description of an idea of a digital item (including the description of the problem, the target audience and the solution) placed on the Mindaru Platform by the Customer or other users. Community Ideas may be accessed by users that have registered themselves on the Mindaru Platform as Seller.

2.4. Plan: The Plan is a payable subscription, concluded on either a monthly or yearly basis, whereby the price applies as displayed at the time the corresponding order is placed on the Mindaru Platform. The Plan grants the Customer access to certain Mindaru Services on the Mindaru Platform. The following Plan types are available:

• ONE Plan: The ONE Plan requires the Customer's registration on the Mindaru Platform and an onboarding as Seller (as defined below). If the Customer chooses the ONE Plan, they can explore Listings (as defined below) and Community Ideas, acquire digital items, place and manage 1 Listing and sell digital items (as part of such Listing) in their role as Seller, place and manage an unlimited number of Community Ideas, send messages to other Sellers (chat), and use the further Mindaru Services as outlined in the most current version of the ONE Plan description (available under mindaru.com/pricing).
• MAKER Plan: The MAKER Plan requires the Customer's registration on the Mindaru Platform and an onboarding as Seller. If the Customer chooses the MAKER Plan, they can explore Listings and Community Ideas, acquire digital items, place and manage 3 Listings and sell digital items (as part of such Listings) in their role as Seller, place and manage an unlimited number of Community Ideas send messages to other Sellers (chat), and use the further Mindaru Services as outlined in the most current version of the MAKER Plan description (available under mindaru.com/pricing).
• PRO Plan: The PRO Plan requires the Customer's registration on the Mindaru Platform and an onboarding as Seller. If the Customer chooses the PRO Plan, they can explore Listings and Community Ideas, acquire digital items, place and manage an unlimited number of Listings (including a featuring, i.e. highlighting of specific Listings, if desired) and sell digital items (as part of such Listings) in their role as Seller, place and manage an unlimited number of Community Ideas, send messages to other Sellers (chat), and use the further Mindaru Services as outlined in the most current version of the PRO Plan description (available under mindaru.com/pricing).

2.5. Explorer: The Explorer is a Customer that has not subscribed for a payable Plan. The role as Explorer requires the Customer's registration on the Mindaru Platform. The use of the Mindaru Services as Explorer is free of charge. As Explorer, the Customer can explore Listings and Community Ideas, acquire digital items, send messages to Sellers (chat), but they cannot place any Listings nor sell any digital items. The most current version of the Explorer description applies (available under mindaru.com/pricing).

2.6. Seller: The Seller is a Customer that has subscribed for a payable Plan including the Customer's registration on the Mindaru Platform and, in this role, can place Listing(s), sell digital items (as part of such Listing(s)) and use further Mindaru Services as outlined above. The sale of digital items to other users is not performed via the Mindaru Platform but requires separate communication and agreement between the Seller and the acquiring user.

2.7. Listing: A Listing is the placement of an offer for a digital item on the Mindaru Platform such as a digital product, online SaaS, a digital asset, an MVP or a concept. A Listing may include, amongst others, a title, a description, a category, images, videos or documents, a pricing (one-off or recurring), links, and an FAQ.

3.1. Mindaru will provide the Mindaru Services in accordance with these ToU, in particular with the Customer's relevant role (Explorer or Seller and the applicable Plan). The specific Mindaru Services obtained by the Customer are displayed to the Customer upon conclusion of the Agreement via the Mindaru Platform as part of their registration and subsequently in the Customer Account.

3.2. If the Customer has chosen the ONE Plan or MAKER Plan, they may at any time during the Plan Term (as defined in clause 11.2.) via their Customer Account switch to the MAKER Plan or the PRO Plan, respectively ("Upgrade"). An Upgrade during the Plan Term will not affect such Plan Term (e.g. a Plan with a Plan Term of 12 months purchased on 01.01.2026 and upgraded on 30.06.2026 continues to end on 31.12.2026). The price already paid in advance for the current Plan will be credited pro rata and on a daily basis to the fee to be paid for the new Plan taking into account the remaining duration of the Plan Term. A switch from the PRO Plan to the MAKER Plan or ONE Plan or from the MAKER Plan to the ONE Plan ("Downgrade") can be initiated at any time via the Customer Account, whereby such Downgrade will only be effective at the end of the relevant Plan Term.

4.1. Mindaru endeavors to ensure the highest possible availability of the Mindaru Services, in particular the Mindaru Platform. However, constant availability of the Mindaru Services cannot be guaranteed. The same applies to the quality, security, operation and support of the Mindaru Services. All Mindaru Services are provided on a 'best effort' basis whereby 'best effort' means that Mindaru shall endeavor to provide the Mindaru Services in an appropriate and economically reasonable manner with the resources available to it, without, however, providing any assurances or warranties (like compliance with certain times, e.g. resolution times).

4.2. Mindaru may temporarily restrict the availability of the Mindaru Services if this is necessary, for example, with regard to capacity limits or the security or integrity of the infrastructure or to carry out technical maintenance or repair work and if this serves the purpose of properly providing or improving the Mindaru Services.

5.1. Mindaru grants the Customer a non-exclusive, non-transferable, non-sublicensable right, limited to the term of the Agreement, to use the Mindaru Services in accordance with the Agreement.

5.2. The right to use the Mindaru Services shall arise upon full payment of the initial fee by the Customer and shall remain in force as long as the Customer pays the further fees owed within the respective payment periods.

5.3. Unless otherwise expressly agreed between the Parties in writing, this clause 5 conclusively regulates the use of the Mindaru Services. Any further use of the Mindaru Services is not permitted.

6.1. Unless expressly agreed otherwise in writing by the Parties, the Agreement does not provide for any transfer of ownership.

6.2. By concluding the Agreement, the Customer recognizes that all rights (ownership, copyrights, trademark rights, etc.) to the Mindaru Services (including in particular the Mindaru Platform) and Mindaru's website (including in particular its blog) belong to Mindaru (or Mindaru's contractual partners, respectively).

6.3. The Customer is not permitted to copy the contents of the Mindaru Services or those of Mindaru's website in whole or in part, to decompile the source code or the underlying structure, ideas, know-how or algorithms, to reconstruct them by means of reverse engineering, to distribute them further or to make them accessible via framing or other methods. Under no circumstances is it permitted to publish non-public content of Mindaru outside of the Mindaru Services.

7.1. If the Customer is a Seller, the Customer undertakes to pay the agreed fees. The prices displayed at the time the Agreement is concluded and the prices shown for any subsequent orders (e.g. Upgrade, Downgrade) are decisive. Unless otherwise notified by Mindaru, all prices quoted by Mindaru are always exclusive of any taxes (in particular VAT) and any further duties, fees and expenses.

7.2. There is no entitlement to reimbursement of any fees owed or paid.

8.1. Mindaru is entitled to invoice the fee for the use of the Mindaru Services (a) in advance, (b) at the time of order, (c) following an order or (d) on a recurring basis.

8.2. The Customer must specify a payment method for the subscription of payable Mindaru Services. The available payment methods are displayed at the time the corresponding order is placed. The Customer authorizes Mindaru or Stripe as Mindaru's payment service provider, respectively, to store the details of such payment method and to process regular payments in the form of electronic debits or transfers. Payment method details and billing information can be viewed and managed at any time in the Stripe customer portal.

8.3. By purchasing Mindaru Services on a recurring basis (ONE Plan, MAKER Plan or PRO Plan), the Customer agrees to make regular payments to Mindaru at the respective intervals during the term of the Agreement. The Customer has to, if desired, terminate the Agreement prior to the next billing date to avoid being charged or billed for their continued use of the Mindaru Services.

8.4. The fees for the Plans shall be due in advance at the time of conclusion of the Agreement and subsequently at the beginning of each new Plan Term.

8.5. In case of non-payment of payable Mindaru Services at the time the relevant payment is due (in particular, when the Customer's payment method cannot be debited), the Customer shall be in default without further ado. Mindaru is entitled to charge a processing fee for its expenses resulting from non-payments. Further claims for damage caused by default, including statutory interest and collection costs, remain reserved.

The Mindaru Services on the Mindaru Platform can be paid using promotional codes ("Promotional Codes"). Promotional Codes can only be used for designated payable Mindaru Services at the time of the distribution of such Promotional Codes. Promotional Codes cannot be accumulated, meaning that only one can be used at a time. Each Promotional Code has an expiry date. After that, the total or remaining value of the Promotional Code expires automatically. There is no entitlement to a refund of the total or remaining value, whether by exchange, cash payment, credit to a credit card or otherwise.

10.1. The Customer shall use the Mindaru Services strictly in accordance with the Agreement and all applicable laws and regulations. Any misuse, abusive use, or use for unlawful purposes is strictly prohibited. Specifically, the Customer undertakes to:

• only store, publish, transmit and distribute content, e.g. images, videos, documents or texts as part of any Listing or of any messages (chat), in or via the Mindaru Services (in particular the Mindaru Platform), which they are authorized to pass on, i.e. (i) either the Customer themselves holds the rights to the content in question, or (ii) if the Customer themselves does not hold the rights to the content in question, they warrant to Mindaru that they have obtained all necessary rights, licenses, consents or the like in advance. This in particular applies to copyright-protected content as well as company and brand names. The responsibility for any content which is stored, published, transmitted or distributed lies solely with the Customer,
• to use the Listings, if the Customer has chosen the PRO Plan including an unlimited number of Listings, in a manner that is not excessive, i.e. in a typical for business and/or average private use. Mindaru may monitor the Customer's usage behavior at its sole discretion and reserves the right to notify the Customer in the event of excessive usage and to take appropriate and reasonable measures at the same time. Such measures include, but are not limited to, limiting the number of Listings to an adequate number,
• not to store, publish, transmit or distribute any racist, offensive, discriminatory, defamatory, sexual, violence-glorifying or other illegal content in or via the Mindaru Services (in particular the Mindaru Platform),
• not to copy, distribute or transmit data accessible in the Mindaru Services (in particular the Mindaru Platform) without the express consent of the respective rights holder, or to read such data using technical aids such as crawlers or bots.

In the event of misuse, abusive use, or use for unlawful purposes, Mindaru reserves the right to suspend access to the Mindaru Services or terminate the Agreement with immediate effect. If such conduct leads to damages, claims, penalties, or other costs, including in connection with a data breach, the Customer shall be fully liable and shall indemnify Mindaru for all resulting losses and expenses.

10.2. The Customer undertakes to keep the information provided to Mindaru up-to-date, accurate and complete (including in particular their payment information).

10.3. The Customer undertakes to protect their authentication data against unauthorized access in accordance with the state of the art and to notify Mindaru immediately if there is any suspicion of unauthorized access to the Customer Account.

10.4. The procurement, installation, maintenance and operation of any necessary software and hardware within the Customer's control shall be the sole responsibility of the Customer. Mindaru shall in no way be responsible or liable for the Customer's internet access, including but not limited to, any problems related to connection speed, bandwidth or latency that may affect the Customer's access or use of the Mindaru Services.

10.5. The Customer is obliged to notify Mindaru immediately of any defects or technical malfunctions. In doing so, the Customer shall take into account the information provided by Mindaru for problem analysis (if any) and shall forward to Mindaru all information available that is necessary for remedying the faults and defects.

10.6. The Customer is aware of the fact that the transfer of goods (data, goods, software, technology) may be subject to applicable export control regulations. The existence of all legally required export licenses is a prerequisite for the execution of Agreement and the use of the Mindaru Services. The Customer is considered the exporter and importer (where applicable) of their data, goods, software and technology and acknowledges that Mindaru is not involved in the export or import process.

11.1. The contractual relationship starts as of conclusion of the Agreement.

11.2. The contract term of the Agreement corresponds either to the term of a Plan (either 1 month or 12 months, "Plan Term") or is unlimited (if the Customer is an Explorer).

11.3. The Agreement can be terminated by either Party at any time with effect as per the end of a Plan Term (if the Customer has an active Plan) or at any time (if the Customer is an Explorer). The Customer's termination must be made either in the Stripe customer portal (if the Customer has an active Plan) or by deleting the Customer Account (if the Customer has an active Plan or is an Explorer). At the end of a Plan Term, if the Plan is not terminated, the Plan Term shall be automatically extended by successive periods equal to the original Plan Term (i.e. by 1 additional month or by 12 additional months).

If the Customer is based in the EU or EEA, they have the right to terminate the Agreement at any time with 2 months' notice, even in the case of a 12-month Plan Term (or associated extension periods). If the Customer requests a switch to another service provider or to their own solution based on their own ICT infrastructure, the Agreement shall be deemed terminated at the time the switch is completed. The Mindaru Services will continue to be provided and the agreed remuneration remains due until this point in time. If the Customer instead requests the erasure of all exportable data and digital assets, the Agreement shall be deemed terminated after expiry of the aforementioned 2-month notice period. If the Agreement is terminated before the end of a 12-month Plan Term (or before the end of a 12-month extension period), the Customer shall owe Mindaru an early termination fee in the amount of the agreed remuneration until the end of the 12-month Plan Term (or until the end of the respective 12-month extension period).

11.4. Extraordinary termination may be declared earlier than at the end of a Plan Term in accordance with the following rules:

• with immediate effect in accordance with the provisions set out in clause 11.5.;
• on the date pursuant to clause 19.1. if the Customer exercises their special right of termination in the event of amendments to the ToU.

11.5. Either Party may terminate this Agreement for cause at any time and with immediate effect if the other Party has violated essential provisions of the Agreement and if this violation either cannot be remedied or has not been remedied within a period of 10 days upon the affected Party's request. If the Customer is in default with the payment of fees, this shall be deemed a breach of an essential provision of the Agreement.

12.1. Mindaru is entitled to suspend or restrict the Customer's access to the Mindaru Services:

• if the Customer is in default with the payment of fees;
• if the Customer violates the Agreement (in particular the provisions of clause 10.1.) or if a violation of the Agreement appears likely to have occurred;
• if the undisturbed operation of the Mindaru Services is endangered due to circumstances within the Customer's sphere of risks.

12.2. Immediate termination for cause (clause 11.5.) shall also remain possible even if Mindaru has already suspended or restricted the Customer's access to the Mindaru Services.

13.1. Subject to clause 14. (applicable to EU/EEA customers), Mindaru deletes the Customer Account including the data contained in the Customer Account (in particular the data related to Listings) upon termination of the Agreement.

13.2. Unfulfilled payment obligations, as well as rights and obligations that expressly or by their nature remain unaffected by the termination of the Agreement, shall survive the termination of the Agreement. Mindaru is not obliged to reimburse the Customer for any payments already made.

14.1. If the Customer is based in the EU or EEA, upon termination of the Agreement or at the latest after expiry of the notice period (see clause 11.3.), the Customer may choose whether to:

• switch to another service provider (including notification of the details of the other service provider),
• switch to the Customer's own solution based on their own ICT infrastructure, or
• have all exportable data and digital assets erased.

14.2. In the event of a requested switch, Mindaru shall provide the Customer or third parties engaged by the Customer with appropriate support in good faith in the execution of the switch to another service provider or to the Customer's own solution based on their own ICT infrastructure, whereby Mindaru shall act with due care to maintain the continuity of the Customer's business and shall ensure a high level of security with regard to the data affected by the switch and to be transferred.

14.3. A switch has no effect on the Mindaru Services (including their functions), which Mindaru will continue to provide until the termination date of the Agreement (i.e. until the switch is completed, see clause 11.3.).

14.4. When switching service providers, the following categories of exportable data and digital assets can be transferred:

• exportable data/digital assets in the Customer Account which the Customer can download or export themselves, and
• available log files (including 'Audit Events') which Mindaru will provide to the Customer in their entirety upon request.

14.5. The following data categories are excluded from transfer:

• content of Listings and Community Ideas (including images, videos or documents, etc.),
• messages (chat) with other users, and
• all other data, including profile data in the Customer Account (including name/company name, address, e-mail, etc.)

14.6. Mindaru shall ensure that the switch takes place within a transitional period of 30 calendar days, calculated from the date of termination of the Agreement (see clause 11.3.), provided that the switch is technically feasible within this transitional period. If the technical feasibility of the switch within the aforementioned transitional period is not given, Mindaru shall notify the Customer within 14 working days of the request for the switch, stating the reasons and communicating an alternative transitional period. Irrespective of this, the Customer has the right to extend the transitional period once by a period that they deem more appropriate for their own purposes. The Mindaru Services will continue to be provided during such a period and the Customer shall owe the remuneration agreed in the Agreement, and the provisions of the Agreement shall remain applicable until the end of this period.

14.7. After the switch has been completed or after the notice period has expired (if no switch has been requested), Mindaru shall make all exportable data in the Customer Account available to the Customer upon request for a period of 30 calendar days. Subsequently, the Customer Account including the data in the Customer Account (in particular the data related to Listings) shall be deleted.

14.8. The Customer owes Mindaru a switching charge for carrying out the switch which is determined and offered separately (depending on the specific switch). If the costs incurred by Mindaru in connection with the switch exceed this switching charge (in particular due to technical difficulties in switching to a specific other provider or to the Customer's own solution based on their own ICT infrastructure and associated increased costs for Mindaru), Mindaru may additionally charge the Customer for the costs exceeding the switching charge.

15.1. Mindaru complies with all legal and administrative requirements arising from applicable data protection laws when processing personal data of the Customer. For detailed information on the handling of personal data by Mindaru (in particular those relating to the Customer), Mindaru refers to its separate privacy policy (available under mindaru.com/privacy-policy).

15.2. Any information obligations towards other users of the Mindaru Services or towards third parties, which result from the Customer's use of the Mindaru Services, are the responsibility of the Customer.

15.3. If required by applicable law, the Parties will enter into a separate data processing agreement ("DPA").

16.1. Mindaru shall be liable to the Customer for breaches of contract for proven direct damages up to an amount equal to the fees paid by the Customer in the previous 12 months unless Mindaru proves that it is not at fault.

16.2. Mindaru's liability for other or further damages, for indirect or consequential damages (in particular loss of profit, loss of use, unrealized savings, loss of earnings, interruption of operations or production, loss of data and loss of reputation) as well as for claims of third parties, regardless of the legal grounds, is excluded.

16.3. Mindaru excludes any liability for damages caused mainly or exclusively by the Customer (e.g. non-compliance with the Agreement, interruption of data transmission, deactivation of necessary cookies or damage resulting from a lack of access security on the Customer's part).

16.4. Furthermore, Mindaru excludes any liability for damages due to lack of availability of the Mindaru Services.

16.5. Mindaru shall be liable without limitation in the event of intent or gross negligence, negligent or intentional injury to life, limb or health (personal injury), or due to mandatory liability such as under the Swiss Product Liability Act.

17.1. The Customer undertakes to indemnify Mindaru and its employees, representatives, subcontractors and agents without limitation (including associated costs of legal defense and court costs) against all legal claims of third parties in connection with the use of the Mindaru Services by the Customer and to defend Mindaru against such claims. This applies in particular to the following cases: (a) the violation of a provision of the Agreement, in particular the misuse of Mindaru Services, (b) the violation of applicable law and (c) the violation of the rights of third parties.

17.2. The Customer is obliged to inform Mindaru immediately of the assertion of such claims by third parties. The Parties undertake to consult with each other regarding the defense of claims, to support each other in an appropriate manner and to keep each other informed of the progress of the proceedings on an ongoing basis and without delay.

18.1. Mindaru shall be temporarily released of its contractual obligations and shall not be liable to the Customer if the provision of the Mindaru Services is temporarily interrupted, restricted in part or in full or impossible due to force majeure.

18.2. In particular, natural events of special intensity (avalanches, floods, landslides, etc.), warlike events, riots, sabotage, DDOS attacks, hacking, malware, ransomware, power outages, unforeseeable administrative restrictions and pandemics are considered force majeure.

18.3. If Mindaru is unable to fulfill its contractual obligations due to a force majeure event, the fulfillment of the Agreement shall be postponed in accordance with the event that occurred.

18.4. If adherence to the Agreement is objectively unreasonable for the Customer, they shall be entitled to an immediate extraordinary right of termination after a period of 60 days following the occurrence of the force majeure event in question.

19.1. Mindaru reserves the right to change the services and/or the contractual terms (incl. fees and these ToU) at any time or to discontinue individual services. The Customer will be informed of any changes in an appropriate manner (e.g., via e-mail or in the Customer Account). Mindaru will notify the Customer in good time in advance of any changes that are associated with a significant disadvantage for the Customer (e.g., higher fees, the discontinuation or significant restriction of a service). In such cases, the Customer may terminate the Agreement within 14 days of receipt of the notice as of the effective date of the change by notifying Mindaru in text form. If the change relates to a specific service, the right of termination applies exclusively to that service. If the Customer fails to give notice, the changes will be deemed accepted. Fee adjustments as a result of a change in legal requirements (e.g., an increase in the VAT rate), due to inflation and the adjustment of fees or conditions of third-party providers do not entitle the Customer to terminate the Agreement.

19.2. If a DPA has been concluded between the Parties, Mindaru reserves the right to periodically review and adapt the DPA in accordance with the provisions of the DPA.

19.3. Any changes or customer-specific ancillary agreements, amendments or additions requested by the Customer require Mindaru's written consent.

19.4. Otherwise, the Agreement can only be amended in text form (including electronic signature) with the mutual consent of both Parties.

Both Parties undertake to treat as confidential all information that is not generally known and that they learn in connection with the Agreement.

The Customer may only assign or transfer the rights and obligations arising from the Agreement to third parties with Mindaru's prior written consent. Mindaru may assign and transfer the rights and obligations arising from the Agreement to third parties at any time and without the prior consent of the Customer.

Both Parties undertake to comply with the laws, regulations and other provisions applicable to them at all times. Unless otherwise agreed in writing, Mindaru assumes no responsibility for ensuring that the Mindaru Services comply with the laws, regulations and other provisions applicable to the Customer.

The offsetting of claims is only permitted with the consent of the other Party. In the event of bankruptcy, offsetting by the creditor is possible without consent within the framework of the statutory provisions.

24.1. The Agreement constitutes the entire agreement between the Parties and replaces all previous agreements, correspondence, declarations or arrangements of the Parties relating to its subject matter.

24.2. Should a provision or part of the Agreement prove to be void, invalid, unenforceable or ineffective, this shall not affect the validity of other provisions or parts and the legal relationship established by the Agreement. Mindaru shall replace the relevant provision or the relevant part of the Agreement in the procedure in accordance with clause 19.1. with a new provision that comes as close as possible to the relevant provision or the relevant part of the Agreement. The same applies in the event of a gap in the Agreement.

25.1. The legal relationship between the Parties under the Agreement shall be governed exclusively by substantive Swiss law, excluding the conflict of laws rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (which shall not apply).

25.2. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship between the Parties (i.e. these ToU) is the city of Zurich, Switzerland. Mandatory or exclusive legal jurisdictions remain reserved.