Terms of Service

Mindu, Inc. Terms of Service Last Updated: March 19, 2025

Introduction and Acceptance of Terms: These Terms of Service ("Terms") constitute a binding legal agreement between you and Mindu, Inc. ("Mindu," "we," or "us"), a Delaware corporation operating in New York. By accessing or using Mindu's website and services (collectively, the "Services"), you agree to these Terms. If you do not agree, do not use the Services.

1. Accounts & Eligibility

Account Requirements: You must be 18 years or older (or the age of majority in your state) to create a Mindu account and use our Services. Minors under 13 are strictly prohibited (to comply with COPPA). By creating an account, you represent that you meet these age requirements and are capable of entering into a binding contract. We may require you to provide proof of age or identity at any time.

Account Security: You agree to provide accurate information when registering and to keep it updated. You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. If you suspect unauthorized access to your account, you must notify us immediately at hello@lovemindu.com. We are not liable for any loss or damage arising from unauthorized use of your account, and you may be held liable for losses incurred by Mindu or others due to such unauthorized use.

One Account Rule: Each user may only create and use one account. Creating multiple accounts or impersonating others is prohibited. You may not transfer or sell your account to anyone else without our prior written consent. If you use our Services on behalf of a company or other entity, you represent that you have authority to bind that entity and agree that these Terms apply to both you and that entity.

Account Suspension/Termination: Mindu may suspend or terminate your account or access to Services at any time, for any reason, at our sole discretion, with or without notice. This includes (but is not limited to) violations of these Terms, engaging in prohibited conduct, or if you have been removed previously. If your account is terminated, you remain responsible for any outstanding obligations (such as fees or shipping costs) incurred before termination. We also reserve the right to refuse service or access to any user at our discretion.

Termination by You: You may close your account at any time by contacting Mindu customer support at hello@lovemindu.com. Upon closure, you remain responsible for any pending transactions or disputes. Some content (e.g., reviews or messages) and provisions of these Terms will survive termination (see Section 12 on Survival). We may retain certain information as required by law or for legitimate business purposes (e.g., record-keeping, fraud prevention).

Eligibility Conditions: By using Mindu, you confirm that: (a) you have not been previously suspended or removed from our platform; and (b) your use of Mindu will not violate any law or regulation or any agreement you have with a third party. We may conduct identity verification or background checks on users (especially sellers) as required by law (e.g., to comply with the INFORM Consumers Act for high-volume sellers). You agree to provide any information or documents that we reasonably request for these purposes and understand that refusal may result in account suspension.

2. Marketplace Nature & Relationship of Parties

Peer-to-Peer Platform: Mindu is an online marketplace that enables users to list, sell, and buy new and used children's clothing, toys, and gear. Mindu is not a retailer or buyer/seller of the items – we do not hold title to any goods sold on the platform. Instead, the contract of sale is solely between the buyer and seller. Mindu does not take possession of items and does not transfer legal ownership of items from sellers to buyers. Transfer of ownership occurs directly between buyer and seller at the point of sale (generally upon physical receipt of the item by the buyer).

No Agency or Employment: Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and Mindu. You are independent parties transacting with each other, and Mindu is merely a platform provider. You have no authority to bind Mindu or make statements on our behalf. Similarly, Mindu is not the agent of any user. We do not endorse any user, item, or content on the platform, and we make no representations about a user's ability to fulfill a transaction.

Liability Disclaimer for Transactions: Mindu is not responsible or liable for the actions or inactions of any buyer or seller, or for the condition, legality, or quality of items. By using our platform, you expressly release Mindu (and its officers, directors, employees, agents, and affiliates) from any claims, demands, damages, or liabilities arising from transactions between users, including but not limited to claims regarding item quality, misrepresentation, personal injury, or property damage. You acknowledge that Mindu cannot and does not verify the accuracy of listings or the safety of items sold through its platform.

User Responsibilities: Both buyers and sellers are responsible for complying with all applicable laws and regulations related to their use of Mindu and any transactions conducted on the platform.

Seller Responsibilities: Sellers are solely responsible for truthfully and accurately describing their items, including their condition, and for delivering any items sold. Mindu may offer AI-generated descriptions as a convenience to sellers, but these descriptions are provided solely as a draft and should not be relied upon as a definitive representation of the item. Sellers acknowledge that AI-generated descriptions may contain errors, omissions, or inaccuracies, and Mindu assumes no liability for any reliance placed on such descriptions by sellers or buyers. Sellers must independently verify and correct any AI-generated descriptions before listing an item. By using AI-generated content, sellers agree to indemnify Mindu against any claims, disputes, or damages arising from inaccuracies in AI-generated descriptions. Mindu does not guarantee that AI-generated descriptions will be free of third-party intellectual property or trademark violations, and sellers remain responsible for ensuring compliance with all applicable laws. Under no circumstances will Mindu be liable for any damages arising from reliance on AI-generated descriptions.

Buyer Responsibilities: Buyers are responsible for reviewing item descriptions provided by sellers and completing payment for agreed-upon purchases. Buyers must ensure they understand an item's condition before purchasing.

Platform Limitations: Mindu is not a party to transactions between users and assumes no liability for the quality, condition, or delivery of any items. All users must ensure that no illegal, counterfeit, stolen, or unsafe items are listed or sold. Mindu simply provides a venue; we do not guarantee that buyers or sellers will actually complete a transaction. You acknowledge the inherent risks in dealing with other users via an Internet platform, including the risk of dealing with underage or fraudulent persons, misrepresented items, and the possibility of dealing with strangers in person. See Section 5 ("Local Pickup/Meetup") for more details on meeting safety. Mindu is built and operated using Sharetribe technology, a third-party marketplace platform provider. By using Mindu, you acknowledge that certain aspects of the service are provided by Sharetribe and may be subject to their terms of service as well.

3. Listing & Selling Policies

Permitted Items: Mindu's marketplace is designed for babies' and kids' clothing, toys, and gear (such as strollers, car seats, and other child-related equipment). All listed items must meet the following criteria: Clothing must be in clean and usable condition, with any flaws clearly disclosed. Gear (including but not limited to strollers, car seats, and similar items) must be appropriate for this category, have not been in a crash, are not modified, and are neither expired nor recalled, with any flaws clearly disclosed. Toys must be clean, safe, and in working condition, free of broken parts that could pose a hazard, and must not be recalled, with any flaws clearly disclosed. All items must be owned by the seller and available for transfer to the buyer. Sellers may not list any item that they do not have the legal right to sell.

Prohibited Items: It is strictly prohibited to list or sell the following on Mindu (this is not an exhaustive list):

• Illegal or Unsafe Products: Any product that is illegal to sell under applicable laws (e.g., stolen goods, items containing hazardous materials, recalled products, banned toys, or products that do not meet safety standards). In particular, items subject to U.S. Consumer Product Safety Commission (CPSC) recalls or that violate child safety regulations (such as expired car seats) are prohibited. Sellers are responsible for checking recall lists and safety standards before listing children's products.

• Cribs: All cribs are strictly prohibited from sale on the platform. This prohibition applies to all types of cribs, including drop-side cribs and regardless of their compliance with safety standards.

• Counterfeit or Infringing Items: This includes fake brand-name goods or any product that violates trademarks, copyrights, or intellectual property laws. Items must be authentic and accurately described.

• Offensive or Inappropriate Materials: Items that contain hate speech, obscenity, or pornography are strictly prohibited. No adult-only items, as this platform is exclusively for children's goods.

• Unauthorized Food, Beverages, Drugs, or Supplements: This includes infant formula that is not sealed/new per FDA guidelines, medicine, vitamins, and other consumables.

• Weapons or Hazardous Items: Firearms, ammunition, explosives, knives (except child-safe novelty items), and similar dangerous goods are not allowed. Services, Rentals, or Intangible Items: Mindu is only for the sale of tangible secondhand goods. Listings for services, digital downloads, coupons, or rental items are prohibited.

• Animals or Living Creatures: Pets, livestock, insects, or any living beings may not be listed or sold.

• Gift Cards, Lottery Tickets, or Cash Equivalents: Items whose sale is highly regulated, such as alcohol, tobacco, controlled substances, and baby formula obtained via WIC (which is illegal to resell), are prohibited.

Mindu may remove any listing that violates these rules or that we deem inappropriate or unsafe, at our sole discretion. We may also terminate or suspend the account of any user who lists prohibited items. If you are unsure whether an item is allowed, contact support at hello@lovemindu.com before listing.

Item Descriptions and Accuracy: Sellers must accurately describe their items, including age/size, brand, condition, and any defects or wear. All photos and descriptions should be your own or used with permission; you may not use copyrighted or third-party images without authorization. As stated in Section 2 (User Responsibilities), Mindu may provide AI-generated item descriptions as a convenience, but sellers remain fully responsible for all content in their listings, including any AI-generated content they choose to use.

Misrepresenting an item's condition or features is prohibited. Buyers rely on your description, so honesty is essential to avoid disputes. If an item is listed as "new," it must be truly new/unused with tags or original packaging; otherwise, it must be listed as used. Any significant flaw (stain, tear, safety issue, missing part, etc.) must be disclosed.

Allowed Listings: You may list items for sale either at a fixed price or using any pricing functionality Mindu provides. By listing an item, you offer to sell that item to a buyer who agrees to pay the asking price (or accepts an offer, when available). All sales on Mindu are meant to be binding commitments between buyer and seller once agreed. Sellers should only list items that are in hand and ready to ship, deliver, or exchange in person. "Pre-order" or "drop-ship" listings are not allowed; you must have possession of the secondhand item.

Prohibited Listing Practices: You agree not to engage in any conduct that manipulates the marketplace or circumvents our rules. This includes, for example:

• Fee Avoidance: Do not attempt to buy or sell outside of Mindu to avoid fees. All transactions initiated on Mindu should be completed through Mindu. Communicating with another user to arrange payment off-platform is a violation and may result in fees or account action.

• Spam or Duplication: Do not post duplicate listings for the same item or spam the platform with excessive listings. We may moderate or remove duplicate content.

• Keyword Spam: Descriptions must relate to the actual item. Don't stuff listings with unrelated popular keywords or misleading tags.

• Inflating or Scheming Reviews: Sellers (and buyers) may not solicit false reviews, make fake purchases, or otherwise game the feedback/review system – doing so can violate Federal Trade Commission (FTC) regulations on false endorsements.

Compliance with Laws: Sellers are solely responsible for complying with all laws regarding the sale of their items. This includes ensuring the item meets safety standards (e.g., lead content in toys, flame retardant standards in kids' pajamas, etc.), and that any required disclosures or labels are provided. Federal and state consumer protection laws (including any applicable labeling laws or the Magnuson-Moss Warranty Act for used goods) apply. For example, items must generally be sold "as is" or with any existing warranties clearly disclosed. Sellers must not violate any product safety, labeling, or recall laws – violation can result in legal penalties and removal from Mindu.

Sellers must ensure that all listed products comply with applicable child-safety laws and regulations, including but not limited to: (a) U.S. Consumer Product Safety Commission (CPSC) safety standards; (b) recall guidelines for children’s products; and (c) federal and state laws governing the sale of baby gear (e.g., car seats must not be expired, damaged, or previously involved in a crash). Sellers agree that by listing an item, they warrant it is safe, legally sellable, and free of undisclosed defects. Mindu reserves the right to remove listings that fail to meet these safety requirements and may report violations to relevant regulatory agencies.

High-Volume Sellers: If you meet the definition of a "high-volume third-party seller" under the INFORM Consumers Act (e.g., 200+ discrete sales and $5,000+ in revenue in a 12-month period), Mindu is required by law to collect and verify certain identifying information from you (such as your full name, government ID, tax ID or last 4 of SSN, bank account, and contact information). You agree to provide accurate information for verification when requested. Mindu will also disclose certain information to buyers as required (like your business name or address, if you meet the threshold, as per the law). Mindu will protect your personal data in accordance with our Privacy Policy, but we must comply with legal requirements to help prevent the sale of stolen or counterfeit goods.

Fees and Commissions: Joining Mindu and listing and selling items is currently free. However, a 10% commission fee is charged to the buyer on completed transactions. This fee covers payment processing, payout fees, and platform maintenance costs.

In addition to the commission, buyers are responsible for any shipping and delivery fees, as well as applicable state and local taxes. The total amount due, including the commission and any additional fees, will be displayed at checkout.

We reserve the right to change our fee structure at any time in our sole discretion. This includes the ability to:

• Implement, modify, or eliminate the commission percentage
• Offer promotional discounts or fee waivers for limited periods
• Create special fee structures for certain categories, users, or geographical areas
• Implement new types of fees for additional services or features

Any changes to our standard fee structure will be notified to users in advance (e.g., via an updated fee schedule, email notification, site announcement, or update to these Terms). However, promotional offers or temporary fee reductions may be implemented without prior notice. Continued use of the Services after fee changes constitutes acceptance of the new fees. Attempting to circumvent fees by transacting off-platform is a violation (see Fee Avoidance section) and may result in the fee being charged regardless, along with potential further account action. All fees are charged in U.S. dollars.

Taxes: Mindu is not the seller of record for user transactions, but as an online marketplace, we may be required by law to collect and remit sales tax or other taxes on transactions on behalf of sellers (so-called "Marketplace Facilitator" laws). Where Mindu is legally obligated (e.g., your state requires marketplaces to collect sales tax on third-party sales), we will add the appropriate tax to the buyer's order, collect it, and remit it to the taxing authorities. We will display to the buyer any such taxes during checkout.

By selling on Mindu, you authorize Mindu to collect taxes on your behalf when required. For states or jurisdictions where Mindu is not required to collect tax, sellers are responsible for determining, collecting, reporting, and remitting any taxes (such as sales, use, or income tax) associated with their Mindu sales. Mindu will provide sellers with reporting of their sales as needed to facilitate tax compliance (and will issue IRS Form 1099-K to U.S. sellers who meet the federal threshold for third-party payment transactions, as required by law).

4. Buying & Payment Terms

Buying Process: When you find an item you wish to purchase, you can click "Buy" (or a similar confirmation) to submit an order at the listed price (or you may send an offer if that feature is enabled – an accepted offer is a commitment to buy). When you commit to buy an item, you enter into a binding agreement with the seller to purchase that item for the agreed price.

Make sure you read the full listing and understand shipping options before buying. If you have questions about an item, message the seller before purchase. Adding items to your cart or wishlist does not reserve them; items can be sold to another buyer until you complete checkout.

Prohibited Buyer Conduct: As a buyer, you agree not to abuse the platform. This means: No fake orders, bidding/purchasing without intent to pay, or fraudulent chargebacks to obtain items without payment. No frivolous complaints aimed at unfairly securing refunds. Repeated order cancellations or failure to pay may result in account restrictions or removal.

You must not solicit sellers to transact outside of Mindu (e.g., asking for email, phone number, or offering to pay in cash or via other means off-platform). Such attempts violate our rules and undermine marketplace protections.

Payment Methods: Mindu uses Stripe, Inc. ("Stripe") as its third-party payment processor for handling all payments on our platform. By making a purchase or receiving a payout through Mindu, you also agree to comply with Stripe's terms and conditions, including the Stripe Connected Account Agreement and Stripe's Services Agreement. These Stripe terms govern the payment processing services provided to you and are incorporated by reference into our agreement with you.

If Stripe stops operating or we switch providers, you authorize transfer of relevant payment information to the new provider to continue processing your transactions. We may in the future support other payment options (for example, PayPal or "buy now, pay later" services); use of those will bind you to the third-party terms of those services as well.

Stripe's Role and Liability: All payment transactions initiated through Mindu are processed by Stripe on our behalf. Mindu does not collect or store your full payment card details; such financial information is securely transmitted directly to Stripe, and Stripe is responsible for protecting it in accordance with its own privacy policy and security standards.

Because Stripe manages the payment process, Mindu does not control the approval of charges, the transfer of funds, or the outcome of payment disputes. You acknowledge that any issues arising from payment processing are the responsibility of Stripe and/or your financial institution. Accordingly, Mindu is not liable for any errors, payment disputes, chargebacks, failed transactions, or fraudulent activities related to payments, to the fullest extent permitted by law. Any payment-related disputes or questions (including refund requests or chargeback challenges) should be resolved directly with Stripe or your card issuer, as appropriate.

Stripe Connected Accounts: If you use Mindu as a platform to sell goods and to receive payments, you may be required to create a Stripe-connected account. In such cases, you expressly consent to the Stripe Connected Account Agreement, which includes additional terms governing payouts and liabilities between you and Stripe. Mindu is not a party to your separate agreement with Stripe, and we do not assume responsibility for Stripe's actions or any obligations outlined in Stripe's terms. You agree that Mindu shall not be held responsible for financial issues attributable to Stripe's services, and you agree to hold Mindu harmless for any losses or damages that result from Stripe's processing of your payments.

Payment Authorization & Timing: Buyers must provide a valid payment method at the time of purchase. By confirming your purchase, you authorize Mindu (via Stripe) to charge the purchase price, shipping, applicable taxes and fees to your payment method.

For shipped orders, Mindu may place an authorization hold on your card at the time of order, and actually capture the charge when the seller confirms shipment. For any in-person/local pickup orders, payment may be processed immediately upon order or as otherwise described in that feature's terms. Sellers agree that Mindu (via the processor) will collect payment from the buyer on their behalf, and that no direct payments outside the platform should be accepted.

Pricing and Currency: All prices on Mindu are in U.S. Dollars (USD), unless explicitly stated otherwise. Buyers are responsible for paying the full price of items purchased, including service fees, shipping costs and any taxes (displayed at checkout). We strive to ensure pricing information is accurate, but if a blatant error in price is identified, Mindu reserves the right to cancel the order (we will let you know and not charge you, or will refund you).

No Endorsement of Payment Methods: Mindu does not guarantee any particular payment method will be available or without issues. We rely on external secure payment systems. While we require these providers to be PCI-DSS compliant and secure, Mindu is not liable for payment processor errors, hacks, or losses except to the extent required by law. For instance, if your card is used fraudulently, you must resolve that with the card issuer (though we will assist in cooperation with authorities).

No Buyer Protection Policy: Mindu operates as a peer-to-peer marketplace where all sales are final. Mindu does not offer buyer protection, guarantees, or warranties of any kind. Transactions are strictly between buyers and sellers, and Mindu does not guarantee the condition, quality, safety, or legality of items sold. Buyers are solely responsible for carefully reviewing all listing descriptions and photos before purchase. We strongly encourage buyers to ask sellers any questions about an item before completing a purchase, as returns and refunds are not generally offered or facilitated by Mindu. Buyers accept items in the condition as described by the seller and acknowledge the inherent risks of purchasing secondhand items.

While Mindu may, at its sole discretion, review disputes in the limited exceptional circumstances outlined in Section 6, these are rare exceptions and not a buyer protection program. Mindu does not offer product warranties (see "No Warranties" in Section 9) and has no obligation to mediate, resolve, or take action regarding transaction disputes between users.

5. Shipping & Delivery

Shipping Options: For transactions not completed in person, sellers are responsible for properly shipping items to buyers. Mindu may offer integrated shipping solutions: for example, providing sellers with prepaid shipping labels (via USPS, UPS, etc.) once an item is sold. The buyer pays shipping costs at checkout, which Mindu then uses to provide the seller a prepaid label. Alternatively, some listings may offer "free shipping" (the seller covers cost or factors it into price).

Mindu's Shipping Policy (available on our site) provides details on packaging, label usage, weight limits, and other specifics. Sellers agree to follow the Shipping Policy when using Mindu's labels. If a seller opts to use their own shipping method, they must still provide a valid tracking number to the buyer and ship promptly.

Shipping Timeframe: Sellers should ship items within 3 working days of sale. If the seller does not ship or mark the item as shipped with tracking within the expected time, Mindu may cancel the order and refund the buyer. Repeated failure to ship on time can result in penalties or account suspension.

If you anticipate a delay (e.g., illness or travel), communicate with the buyer via Mindu's messaging and consider asking the buyer if they are willing to wait. Otherwise, they are entitled to cancel for a full refund if shipping is unreasonably delayed.

Risk of Loss: Sellers bear the risk of loss or damage in transit until delivery to the buyer (or until the buyer takes possession in person). If an item is lost by the carrier or arrives damaged, that is generally the seller's responsibility. Mindu is not the carrier and does not assume liability for the shipment.

For shipped orders, we strongly encourage sellers to purchase shipping insurance. If a package is lost or damaged, the seller should cooperate in filing a claim with the carrier or insurance. Mindu will assist with documentation if needed, but Mindu is not liable for carrier errors.

Delivery Confirmation: For the protection of both parties, sellers should use trackable shipping and, for high-value items (e.g., over $250), use signature confirmation as required by payment processor policies (this helps in case of disputes). An item will be considered "delivered" when the tracking provided shows delivery to the buyer's address.

If a buyer reports non-receipt but tracking shows delivered, this could indicate package theft; in such cases Mindu may require the buyer to sign a statement of non-receipt for further investigation. Ultimately, if the carrier confirms delivery, the risk shifts to the buyer (unless there's evidence of fraud). Buyers should ensure a secure delivery location. Mindu is not responsible for stolen packages after confirmed delivery, but we may assist in resolving the issue (e.g., facilitating an insurance claim if available or advising on a police report).

Local Pickup/Meetup: In a local pickup option connecting local buyers and sellers (as an alternative to shipping), both parties should follow safe trading practices. Meet in a public, well-lit location. All payments for local pickups should still go through the platform.

When a local transaction is completed in person, the buyer should inspect the item on the spot. Once the item is handed over and marked as received on the Mindu platform, the sale is final (unless an extraordinary issue is later discovered and both parties agree to resolve). Mindu is not responsible for what happens during in-person meetups; users assume all risks of meeting someone. Mindu does not supervise meetups or enforce any agreements made outside the platform's documented process. If a dispute arises from a local transaction, Mindu will try to help but resolution may be limited if there's no shipping or tracking evidence.

Shipping Restrictions: If Mindu provides shipping or delivery services, you agree not to use them to send prohibited, hazardous, or illegal materials. It is unlawful to mail certain items, including but not limited to explosives, flammable items, certain hazardous materials such as fireworks, gasoline, or lithium batteries exceeding postal limits, as well as perfumes containing alcohol if shipped via air transport, weapons, ammunition, or illegal substances.

All shipments must comply with applicable carrier rules, U.S. Postal Service (USPS) regulations, and other shipping laws (see USPS Publication 52 for restricted matter). You must not ship any unlawful, improperly packaged, or misrepresented items. Violating these restrictions may result in civil or criminal penalties. Mindu reserves the right to cancel any transaction involving prohibited shipments.

Title and Risk Transfer: If you are a seller, you retain title to and all risk in the item until it is delivered to the buyer. Upon delivery, title passes directly from you to the buyer. At no point does Mindu take ownership, possession, or responsibility for any items. Mindu does not facilitate returns or accept returned items under any circumstances. Sellers and buyers are solely responsible for resolving any disputes related to item condition, delivery, or returns. Mindu is not the merchant of record; we simply provide a platform for others to trade. Accordingly, Mindu is not liable for the products themselves (see Section 9, Disclaimers). For example, if a product is defective, misrepresented, or causes injury, any claim lies solely with the seller or manufacturer, not Mindu. INFORM Act Compliance: Mindu complies with the U.S. INFORM Consumers Act. This means for any seller meeting the "high-volume" threshold, we will: (a) collect and verify certain personal and tax information from you; (b) annually certify with you to keep that information up to date; and (c) disclose to buyers on your listings a way to contact you (such as your verified address, phone, or via our messaging system) as required by law. We also must provide a reporting mechanism for buyers to flag suspicious activity. By selling on Mindu, you agree to these requirements and authorize us to make any required disclosures about you that the law mandates. This is to help protect consumers from counterfeit or stolen goods.

6. Returns, Refunds & Dispute Resolution Between Users

All Sales are Final: Mindu is a marketplace for secondhand goods, and returns are not accepted unless explicitly covered under these Terms. There are no returns, exchanges, or refunds after a sale is completed, except in the following situations:

Item Significantly Not As Described: If the item received is materially different from the listing description/photos (e.g., undisclosed severe damage, wrong item sent, counterfeit item), the buyer must contact the seller within 3 days of delivery. If the issue is unresolved, the buyer may escalate the claim to Mindu for discretionary review. Item Never Arrived – If an item is lost in transit and tracking never shows delivery, the buyer may be eligible for a refund.

Prohibited Item Delivered: If a prohibited, illegal, or recalled item is delivered, the buyer must report this immediately. Mindu may assist in compliance-related cases but is not responsible for the seller's actions.

Mindu's Sole Discretion: In rare cases, Mindu may allow a refund in extraordinary situations (e.g., serious undisclosed issue, seller agrees to refund), but this is not guaranteed and is determined case-by-case.

Outside of these cases, all sales are final. Buyers should not expect returns or refunds for reasons such as changing their mind, incorrect sizing, or buyer's remorse.

Buyer Claim Process: If you encounter an issue with an order, you must first contact the seller directly within 3 days of delivery or non-delivery through the Mindu messaging system only. You must include clear photos documenting any issues and specific details about how the item differs from its description.

If the issue remains unresolved after 48 hours of contacting the seller, you may escalate the claim to Mindu for discretionary review by submitting a formal dispute through your account dashboard or by contacting hello@lovemindu.com. Mindu's review is entirely discretionary; we do not guarantee any particular outcome and may decline to intervene at our sole discretion. Any decision made by Mindu regarding a dispute is final and binding. If you do not notify the seller within this timeframe, the transaction is considered final, and Mindu will not intervene.

Dispute Resolution Process: Mindu does not generally facilitate refunds, returns, or replacements. However, in exceptional circumstances and at our sole and absolute discretion, Mindu may review disputes between buyers and sellers. If Mindu determines intervention is warranted, we may facilitate a resolution which could include a full or partial refund. Any such intervention is purely discretionary, not guaranteed, and does not establish any obligation for Mindu to intervene in future disputes.

When Mindu does facilitate a refund, the determination of refund amount (whether full or partial) is made solely by Mindu based on the specific circumstances of the transaction. Mindu is not a party to transactions and assumes no liability for non-delivery, misrepresented, or defective items.

Not as Described Claims: Mindu is not responsible for inspecting or verifying items. If a buyer believes an item is materially misrepresented, they must contact the seller within 3 days of delivery with clear photos documenting issues and specific details about the discrepancy. If the issue is unresolved after 48 hours, the buyer may escalate the claim to Mindu for discretionary review.

Sellers are responsible for accurately describing their items. If a buyer receives an item that is significantly not as described, such as: (a) the wrong item, (b) an item with undisclosed major damage, (c) counterfeit goods, or (d) an item that violates our prohibited items policy, the seller must either: (i) issue a full refund or (ii) arrange for a return at their own expense. If we determine an item was significantly misrepresented and the seller refuses to comply, Mindu reserves the right to refund the buyer using the seller's available balance or future payouts. Mindu does not provide return labels or inspect returned goods. If we determine the item was accurately described, the dispute will be denied, and Mindu will release payment to the seller. Repeated violations of this policy may result in suspension or termination of the seller's account.

Dispute Mediation & Release of Funds: Mindu acts as a neutral facilitator for disputes but is not obligated to intervene. If a dispute is raised, Mindu may temporarily hold funds while reviewing the issue but does not guarantee a refund or resolution. Sellers agree that if a dispute is decided in the buyer's favor, Mindu may deduct the refund amount from the seller's balance. If a dispute is resolved in the seller's favor, the funds will be released to the seller, and the buyer will not be refunded.

Chargebacks: Buyers who initiate a payment chargeback or reversal outside of Mindu's dispute process are in direct violation of these Terms. Such actions may result in immediate account suspension or termination, permanent ban from the platform, and potential legal action for recovery of any losses incurred by Mindu or the seller.

By using our platform, you agree to exhaust Mindu's dispute resolution process before initiating any chargeback. If a buyer initiates a chargeback, reversal, or payment dispute outside of Mindu's dispute resolution process, Mindu reserves the right to take corrective actions, including but not limited to: (a) recovering the disputed amount directly from your Mindu account balance; (b) debiting the payment method on file; (c) withholding future payouts; (d) suspending or permanently banning your account; and (e) reporting fraudulent chargebacks to collections agencies or legal authorities. For sellers, if a buyer initiates an unauthorized chargeback and Mindu determines the transaction was legitimate, we will provide documentation to contest the chargeback with the payment processor, though we cannot guarantee the outcome of such contests. If a chargeback is granted and Mindu has already released funds to the seller, the seller is responsible for reimbursing Mindu for the chargeback amount. If a chargeback is found to be fraudulent or in violation of these Terms, you agree to reimburse Mindu for all associated costs, including transaction fees, legal expenses, and processing fees incurred by Mindu or our payment processor.

Fraud Protection: Mindu uses fraud detection measures to prevent misuse of the platform. If a transaction appears fraudulent, we may place a hold, require verification, or cancel the sale. If law enforcement or a payment provider flags a transaction as fraudulent, we will comply with their investigation. Users engaging in fraud may have their accounts terminated and be reported to authorities.

7. User Conduct and Prohibited Activities

You agree to use Mindu in a lawful and respectful manner. You are solely responsible for your conduct and content on the platform. We've established rules to maintain a safe community. Without limiting any other provision of these Terms, you agree NOT to:

• Violate any law or regulation: This includes all local, state, national or international laws applicable. For example, do not sell items in violation of export controls, sanctions, or that infringe any party's rights; do not engage in consumer fraud, wire fraud, or any illegal scheme through Mindu.

• Harm or threaten others: No harassment, hate speech, bullying, stalking, or abuse of any kind toward other users or Mindu staff. Treat others with respect in messages and listings. Any form of threatening or predatory behavior is grounds for removal.

• Interfere with the platform: Do not use the Services in a way that could impair, overload, or disrupt Mindu's systems or other users' experience. This means no spamming the site with repetitive content, no introducing viruses or malicious code, no circumventing any security measures, and no using bots/scrapers or automated means to access or collect data from Mindu without permission. You may not attempt to gain unauthorized access to Mindu's systems or data.

• Engage in fraud or deception: Do not misrepresent yourself (no fake identities), do not lie about an item or a dispute, and do not engage in any deceptive financial schemes. For instance, check fraud, payment reversal scams, triangulation fraud (using stolen credit cards to buy and resell goods) are strictly forbidden. Mindu works closely with payment processors to detect fraud. Any fraudulent activity can result in account termination and law enforcement involvement.

• Circumvent or bypass Mindu policies: You shall not attempt to evade fees (as discussed), or circumvent suspension measures. For example, if your account is suspended, you must not create a new account without our permission. You also agree not to recruit or encourage Mindu users to leave Mindu for another platform for the purpose of completing transactions initiated on Mindu (we've earned our fees by connecting you, so please respect that).

• Post prohibited content: When creating listings or uploading any content (including messages and photos), you will not post anything that: is obscene, pornographic, or adult in nature in a children's items context; is defamatory or libelous; promotes violence or illegal activity; contains hate speech or discrimination; or violates any third-party rights (such as someone else's copyrighted images or trademarks used without authorization). Any content that is disrespectful or could expose Mindu or users to harm or liability is forbidden.

• Solicit personal data: Do not ask other users for personal contact information (address, phone, email) except as necessary for a transaction (shipping address will be provided through the normal sale process). We provide in-platform messaging; using this messaging to fish for data for spam or off-platform deals is not allowed. Protect everyone's privacy.

• Spam or send unauthorized communications: You must not send any mass or unsolicited communications to other users. Chain letters, pyramid schemes, and commercial advertisements unrelated to a transaction on Mindu are prohibited. Impersonate or misrepresent – Do not impersonate Mindu or its staff, or any other person or entity. Also, do not falsely state or imply affiliation with Mindu (for instance, you cannot say you are an "official vendor" or "certified by Mindu" unless we have explicitly allowed it).

• Upload harmful content: No posting of viruses, malware, or any other code that could harm the platform or users' devices. Also, do not use Mindu as a delivery mechanism for any sort of attack or phishing.

Use Mindu for purposes other than its intended use – Our platform is intended for peer-to-peer resale of children's items. Do not use it as a generic social network to post unrelated content, and do not use it to facilitate money transfers without an underlying item (no money laundering). If we detect transactions that lack a legitimate item exchange, we reserve the right to investigate.

This list of prohibited conduct is meant to ensure a safe environment. It is not exhaustive. Any behavior that Mindu deems inconsistent with the letter or spirit of these rules may result in enforcement action. Enforcement is at Mindu's discretion; failure to enforce any particular case does not waive our right to enforce it in the future.

Investigation and Enforcement: Mindu may monitor activity on the platform, including messages (in compliance with applicable privacy laws), to detect fraud, spam, or violations of these Terms. By using the service, you consent to such monitoring for safety/legal purposes. If you violate the above rules or any other part of these Terms, Mindu may, in its sole discretion, take any or all of the following actions: Issue a warning to you.

• Remove or modify offending content or listings (with or without notice).
• Suspend your ability to use certain features (e.g. messaging or buying).
• Temporarily or permanently ban/terminate your account.
• Withhold payouts or freeze funds (if related to suspected fraudulent activity).
• Involve law enforcement or other authorities if laws were broken (we will report crimes such as trafficking in stolen goods, fraud, etc.).

If your account is terminated for misconduct, you may forfeit any remaining account balance or earnings, at Mindu's discretion, especially if those are connected to wrongdoing or damages. We also reserve the right to pursue legal action against users for prohibited activities when necessary (you may be subject to civil liability or criminal penalties).

No Tolerance for Illegal Behavior: Note that you are responsible for your own actions on Mindu. For example, if you sell a counterfeit item and the brand owner pursues legal action, you agree that Mindu is not involved and you will handle any consequences (including providing indemnification to Mindu – see Section 9). Likewise, if you defraud someone, you are not only violating our Terms but also possibly breaking the law; Mindu will cooperate with law enforcement investigations.

User Reporting: We encourage the community to report any violations. There are in-platform reporting tools, or you can email us at hello@lovemindu.com with the details. We will review reports promptly and take action as needed. Reporting is confidential. However, false reports made maliciously are also a violation of these Terms.

8. User Content and Intellectual Property

User-Generated Content: When you use Mindu, you may upload or post content, such as listing photos, descriptions, profile pictures, comments, and messages ("User Content"). You retain ownership of all intellectual property rights in the User Content you create. Mindu does not claim ownership of your content.

However, to operate the marketplace, we need certain rights to display and use that content. Therefore, you grant Mindu a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content (including your name/user name and likeness as presented in conjunction with the content) in all media or distribution methods now known or later developed. This license is solely for the purposes of operating, promoting, and improving our Services and allowing other users to view and interact with your content.

For example, we may display your listing photos on our website, use your listing in a promotional email or advertisement for Mindu, or resize/format your images for proper display. This license lasts for as long as your content is protected by intellectual property rights and you have not removed the content from our platform. If you delete your User Content or your account, the license ends after a reasonable wind-down period needed for removal from backups and other systems. However, note that removed content may persist in limited cases where your content has been re-posted by others or if it was shared and cached by search engines, etc., beyond our control.

Your Content Responsibilities: You represent and warrant that you have all necessary rights to post your User Content to Mindu and to grant the above license. This means, for instance, that you are the owner of the photos you upload, or you have permission from the owner. Uploading unauthorized content (like professional product photos you found online that you do not have rights to) could infringe copyrights – do not do this.

You also agree that your User Content will not violate any law or regulation or any rights of any third party (such as privacy, publicity, copyright, trademark, patent, trade secret, or contract rights). If your content contains personal data of others, you must have their consent (e.g., do not post someone else's name or phone number publicly). You further warrant that your content is truthful and not harmful (no viruses, malware, etc.), and that our use of your content as permitted by these Terms will not cause harm to any person or entity.

Content Rules: The following specific rules apply to content you post:

• No Infringement: Only upload text and images that you created or have permission to use. If you use brand names or logos in your listing, it should only be to describe the authentic item you are selling (nominative fair use). Do not use someone else's trademark in a way that confuses people about the source of the item or implies Mindu's endorsement. Any unauthorized use of intellectual property may result in takedown of your listing.

• Accuracy: Accuracy: Your content, especially listings, must accurately represent the item being sold. Do not include irrelevant keywords or hashtags to manipulate search results ("keyword stuffing"). As stated in Section 2, if you use AI-generated descriptions, you remain fully responsible for their accuracy. Additionally, do not copy someone else's description word-for-word unless it is generic product information—you are responsible for providing an accurate and truthful description of your specific item.

• **Prohibited Content: As noted in Section 7, no content that is illegal, obscene, hateful, harassing, or otherwise objectionable. This applies to images as well (e.g., do not upload pornographic images or images of child abuse – we will report any exploitative imagery of minors to authorities immediately).

• Personal Data: Do not publicly post personal sensitive info – whether yours or others'. For example, do not put your address, phone, email in a listing description (there are fields in the transaction flow for private address exchange). Keep communication within the platform.

• Reviews/Feedback: If Mindu allows you to leave reviews or ratings for transactions, you must be honest and fair. No extortion (e.g., threatening negative review to get extra stuff), and no retaliatory feedback. These must also comply with content guidelines (no profanity, etc.). Mindu may moderate reviews that violate policies or are unrelated to the actual transaction.

Monitoring and Enforcement of Content: Mindu does not systematically monitor all user content before it's posted. We are not obligated to screen or moderate listings or messages. However, Mindu reserves the right (but has no obligation) to remove or edit any User Content at any time for any reason, without notice. We may also disable your ability to post content if you violate these rules. This includes the right to take down listings that are flagged as violating intellectual property rights or are otherwise against our policies. We may also terminate repeat infringers (see "IP Infringement" below). Mindu is not liable for content provided by users, but we strive to enforce our policies for the community's benefit.

Intellectual Property of Mindu: Apart from your content, all content on Mindu (including Mindu's logos, design, text, graphics, software, and collective user listings arrangement) is the property of Mindu or our licensors and protected by copyright, trademark, and other laws. Mindu grants you a limited, revocable, non-exclusive, non-transferable license to access and use the platform and view content for your personal, non-commercial use, in accordance with these Terms.

Except as allowed, you may not copy, reproduce, modify, distribute, or create derivative works from any portion of the platform without our express written permission. You also may not reverse engineer or extract source code from our software. All Mindu trademarks, logos, and trade dress (look and feel of the site) are owned by Mindu. You are not permitted to use them without our prior consent. This means, for example, you cannot use the Mindu name or logo in any advertisements or on any other website in a way that confuses people as affiliated with Mindu.

Feedback and Ideas: We appreciate user feedback and ideas to improve Mindu. If you submit suggestions, ideas, or other feedback to us ("Feedback"), you agree that Mindu can use and share such Feedback for any purpose without compensation to you. While you retain rights to your Feedback, you grant Mindu a perpetual, irrevocable, worldwide, royalty-free license to implement and incorporate the Feedback into our products and services. This is to avoid any dispute if we use your idea to improve Mindu – e.g., if you suggest a feature and we develop it, you agree we owe you nothing beyond our thanks.

DMCA and IP Claims: Mindu respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe any content on Mindu infringes your copyright, you (or your agent) may send us a takedown notice under 17 U.S.C. § 512. The notice must include: identification of the work claimed to be infringed, identification of the content to remove (with URL or listing number), your contact info, a statement under penalty of perjury of your good-faith belief that use of the material is unauthorized, a statement that the information in the notice is accurate and that you have authority to act, and an electronic or physical signature of the copyright owner or agent.

Mindu's designated Copyright Agent for notice of claims can be reached at: Corporation Service Company (CSC), 251 Little Falls Drive Wilmington, DE 19808, or via phone at +1 866 403 5272. CSC is our Delaware registered agent for service of legal process. Upon receipt of a valid DMCA notice, we will remove the content and notify the user who posted it. Mindu will terminate accounts of repeat infringers in appropriate circumstances. If you are a user who believes your content was wrongly removed, you may send a counter-notice under the DMCA. We will provide instructions for that if applicable. Also note: DMCA covers copyrights. For trademark or other IP complaints, you can contact us similarly with details; we have a separate procedure for trademark infringement, and we may remove listings that clearly violate trademark rights (e.g., selling counterfeit branded items).

9. Legal Protections: Disclaimers, Liability Limitations, Release & Indemnification

No Warranty by Mindu (As-Is Platform): Mindu provides the platform "AS IS" and "AS AVAILABLE." You use it at your own risk. To the fullest extent permitted by law, Mindu disclaims all warranties, express or implied, regarding the use of the platform and any goods obtained through it. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Mindu does not guarantee that the platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that defects will be corrected or that any listings, AI-generated descriptions, or user content will be accurate, complete, or reliable.

Specifically, regarding items sold on Mindu, Mindu makes no representations or warranties about the quality, safety, authenticity, or legality of those items. Any warranties for an item are between buyer and seller, or perhaps a manufacturer if a manufacturer's warranty still applies (e.g., some baby gear might have transferable warranties – that is solely between you and the manufacturer). Mindu is not the seller, so we do not provide any warranty on the items. Sellers on Mindu are typically not "merchants" in the legal sense but even if they are, Mindu is not party to those warranties. Some jurisdictions do not allow the disclaimer of certain warranties, so to the extent the law requires a warranty, such as a warranty of title or non-infringement, those are not disclaimed. But any implied warranty that can be disclaimed is hereby disclaimed.

No Guarantee of Results: Mindu does not guarantee that you will achieve any particular outcome from using the platform. For sellers, we make no promises that your items will sell quickly, at a specific price, or at all. For buyers, we do not guarantee that you will find any particular item or that listings will remain available. Mindu also does not guarantee continuous access to any feature—we may modify, limit, or discontinue features at any time without notice. Any information, advice, or recommendations provided by Mindu, including blog posts, community content, or AI-generated suggestions, are for informational purposes only and do not create any warranty not expressly stated in these Terms.

Limitation of Liability: To the maximum extent permitted by law, Mindu (including its parent, affiliates, officers, directors, employees, and agents—collectively, "Mindu Parties") shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses arising from: (a) Your access to or use of (or inability to use) the Mindu platform; (b) Any conduct, actions, or content of other users or third parties on the Mindu platform, including defamatory, offensive, fraudulent, or illegal behavior; (c) Any items obtained through the platform, including damages, defects, injuries, or safety issues related to an item bought on Mindu; (d) Any unauthorized access, use, or alteration of your account, listings, transactions, or content. Mindu's total liability for any claim arising from or relating to the platform or these Terms is strictly limited to the greater of: (i) The total fees Mindu received from you as a seller in the 12 months prior to the claim; or (ii) US $100. In plain terms: If Mindu is found liable for any reason, the maximum amount we are responsible for is $100 (or the total fees we received from you, if higher).

This limitation applies regardless of the legal theory, including but not limited to warranty, contract, tort (including negligence), strict liability, or any other legal claim, even if Mindu was advised of the possibility of such damages or if a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions do not allow certain liability exclusions (such as incidental or consequential damages), so portions of this section may not apply to you. In such cases, Mindu's liability is limited to the minimum extent permitted by law. No statutory rights of consumers are intended to be affected by these limitations.

No Liability for Data Breaches or Cyberattacks: Mindu implements security measures to protect information (including SSL, encryption, etc.), but no website or app is 100% secure. By using Mindu, you understand that your information and content may be exposed to unauthorized access or theft due to malicious actors. Mindu disclaims liability for any data breach, hack, or security incident that may compromise your information or result in identity theft or fraud, except to the extent required by applicable law.

We do not guarantee that the Services are invulnerable to cyberattacks. In the unfortunate event of a breach, we will comply with notification laws (e.g., telling you and regulators as required), but we will not be liable for damages that might result from the breach (like unauthorized account access, etc.), unless we have been grossly negligent or in willful misconduct in our security duties. We encourage you to use strong, unique passwords and be vigilant. You agree that you will not hold Mindu responsible for the actions of hackers or other third-party breaches.

Third-Party Services and Links: The Services may contain links to third-party websites or services (for example, links to external resources, or embedded content, or use of third-party APIs like Google Maps for location). Mindu is not responsible for any third-party sites or services. Your use of them is at your own risk and subject to their terms.

Similarly, if you use any third-party integrations (like sharing a listing on social media), Mindu doesn't control those platforms. We disclaim liability for any content, advertising, products, or other materials on, or available from third party services. Any dealings you have with third parties found while using Mindu are between you and the third party. If a third-party provider (like Stripe for payments, or a shipping carrier) causes an issue, Mindu is not liable for their conduct. However, we still want to hear about issues so we can possibly help facilitate a resolution.

Mindu uses Sharetribe.com to build and operate our marketplace platform. Certain technical, operational, and data processing aspects of the Services are provided by Sharetribe. While we strive to ensure seamless integration of these services, Mindu is not responsible for any service interruptions, data processing issues, or other matters within Sharetribe's control. Sharetribe may have access to certain transaction data and user information as necessary to provide their services. Their use of such data is governed by our agreements with Sharetribe and their privacy policy. If Sharetribe's terms of service conflict with these Terms in any way, these Terms will govern your relationship with Mindu.

Informed Users: You acknowledge that Mindu has provided these Terms (including disclaimers and limitations of liability) to allocate risk between the parties and enable Mindu to offer the Service without charge to join or at low cost. The fees we charge would likely be higher if we had to accept more liability. This section on legal protections is a crucial part of our agreement.

If you are a consumer, you may have certain rights under law (for instance, certain consumer protection laws might grant you non-waivable rights). Nothing in these Terms is intended to waive any rights you have that cannot legally be waived. But to the extent your local law allows, you agree to the above disclaimers and limitations.

Indemnification: You agree to indemnify, defend, and hold harmless Mindu, its subsidiaries, affiliates, officers, directors, agents, and employees from and against any and all claims, demands, lawsuits, liabilities, damages, losses, fines, penalties, expenses, and attorneys' fees arising from or related to: (a) your use, misuse, or access to the Services; (b) your violation of any law, regulation, or third-party right, including but not limited to intellectual property infringement, product safety violations, fraud, false advertising, or unauthorized transactions; (c) any product liability claim, injury, or harm caused by an item you listed, sold, purchased, or otherwise facilitated through Mindu; (d) your failure to comply with seller verification laws (such as the INFORM Consumers Act); (e) any regulatory, governmental, or consumer claim related to your sale or purchase of items on the platform; and (f) your breach of any provision of these Terms. Mindu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully in such defense. You shall not settle any such claim without Mindu's prior written consent. This indemnification obligation will survive any termination of your account or these Terms.

10. Privacy and Data Protection

Your privacy is important to Mindu. This section summarizes how we collect, use, and share your personal information, especially with regard to our integrations with third-party services like Klaviyo. It also outlines your rights under privacy laws. For more detailed information, please refer to our Privacy Policy, which is incorporated into these Terms by reference. Mindu complies with applicable data protection laws – including the California Consumer Privacy Act (CCPA) and the EU General Data Protection Regulation (GDPR) – and we strive to be transparent about our privacy practices.

Data Collection and Use: When you use the Service, Mindu may collect personal information from you, such as your name, contact information (email address, phone number), account credentials, payment information, and usage data (e.g., pages visited, features used). We use this information for purposes such as providing the Service to you, processing and confirming transactions, improving platform functionality, personalizing user experience, communicating with you about your account or orders, and sending promotional content (with your consent or as permitted by law). We will not use your personal information for any purpose that is not disclosed in our Privacy Policy or these Terms without obtaining any required consent from you.

Third-Party Processors (Klaviyo): Mindu uses trusted third-party service providers to assist us in various operations. In particular, we integrate Klaviyo for our email and SMS marketing communications. Klaviyo is a marketing automation platform that helps us manage the distribution of newsletters, promotional emails, and text message updates to users who have subscribed to or agreed to receive such communications.

We share certain user data with Klaviyo – for example, your email address, phone number, and some interaction history – so that we can send you relevant updates and offers, and to analyze the effectiveness of our marketing campaigns. Klaviyo's tools may process data about how you interact with our emails (such as open rates or link clicks) to provide statistical insights that help us improve our outreach and communication strategies.

All such data sharing with Klaviyo is conducted under our instructions and for our business purposes only. Mindu has a data processing agreement in place with Klaviyo to ensure that any personal information we share is handled securely and in compliance with privacy regulations. Mindu does not share your personal data with Klaviyo or any other processor for their independent use; it is only used to support Mindu's own marketing and customer communication activities.

CCPA and GDPR Disclosures: Mindu does not sell your personal information to third parties. Any personal data that we share with third parties is strictly for allowed business purposes – for example, sharing with service providers like Stripe to process payments or with Klaviyo to send communications – and such service providers are contractually prohibited from using your data for any purpose other than providing services to Mindu. In the context of the CCPA, disclosures of personal information to our service providers (including Klaviyo for marketing analytics/communications) are considered "business purpose" disclosures, not sales of data. If Mindu ever intends to sell personal information (as defined under CCPA), we will provide you with clear notice and the opportunity to opt out. For users in the European Economic Area (EEA) or other regions subject to GDPR, we ensure that any personal data transfers to third parties (like Klaviyo) are covered by appropriate safeguards (such as EU Standard Contractual Clauses) and that we have a lawful basis for processing your data (e.g., your consent for marketing communications). Mindu will only send you marketing emails or texts if you have opted in where required by law, and you may withdraw that consent at any time as described below.

Marketing Communications and Opt-Out: By creating a Mindu account or providing your contact information on our platform, you may be authorizing us to send you marketing communications such as newsletters, product updates, or special offers via email and/or SMS. We will only send you promotional emails or texts in accordance with applicable laws (including the CAN-SPAM Act for emails and the Telephone Consumer Protection Act for SMS).

If at any point you prefer not to receive these types of communications, you have the right to opt out. You can unsubscribe from our emails by clicking the "unsubscribe" link included in each marketing email. For text messages, you can opt out by replying "STOP" to any promotional SMS we send. You may also contact us at any time at hello@lovemindu.com to request removal from our marketing list. Once you opt out, we will cease sending you promotional communications; however, you may still receive transactional or account-related messages (for example, payment receipts, account alerts, or customer service communications) as these are necessary for providing our Service.

User Data Rights: We strive to honor your rights regarding your personal data, as provided under laws like the CCPA and GDPR. Depending on your jurisdiction, you may have some or all of the following rights regarding your personal information:

• Right to Know/Access: You can request information about the categories and specific pieces of personal data we have collected about you, as well as details about how we use and share it.

• Right to Deletion: You can request that we delete the personal information we have collected from you, subject to certain exceptions (for example, we may retain data as required by law or for legitimate business purposes).

• Right to Opt-Out of Sale/Sharing: You have the right to direct us not to sell your personal information to third parties. (Note: Mindu does not sell personal data, so this right is included here for completeness). If in the future we were to share personal data in a manner that qualifies as a "sale" under the CCPA, we would provide a mechanism for you to opt out.

• Right to Opt-Out of Marketing: You can opt out of receiving marketing emails or text messages from us at any time by using the unsubscribe link in an email or replying "STOP" to an SMS, or by contacting us directly as described above. Even if you opt out of marketing, we may still send you non-promotional communications (such as transaction confirmations or service announcements).

• Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights. This means, for example, we will not deny you services, charge you different prices, or provide a different level of service because you exercised your rights.

• Additional GDPR Rights: If you are located in the European Economic Area (EEA) or a similar jurisdiction with GDPR-equivalent data protection laws, you also have the right to correct or update inaccurate personal data, the right to object to or restrict certain processing (including the right to object to your data being used for direct marketing), the right to data portability (to obtain a transferable copy of certain information we hold about you), and the right to withdraw consent to processing where we rely on consent (without affecting the lawfulness of processing based on consent before its withdrawal).

To exercise any of these rights or to make a privacy-related request, please contact us at hello@lovemindu.com. We may need to verify your identity (for your security) before fulfilling certain requests. Mindu will respond to your request within the timeframe required by applicable law. As noted above, we will not penalize or retaliate against you for exercising your privacy rights.

Privacy Policy: Your privacy is important. Please review our Privacy Policy (linked separately) to understand how we collect, use, and share your personal information. By using Mindu, you acknowledge that you have read our Privacy Policy and understand that Mindu will use your information as described there. For example, to facilitate a transaction, we will share the necessary shipping address with the seller, and we may use your email to send service updates, etc. If you do not agree with our Privacy Policy, do not use the Services.

Data Security: We take reasonable measures to secure personal data. However, you also play a role in keeping your account secure: keep your password confidential and use a strong password. Don't share account access with others. Mindu will never ask you for your password via email or phone; beware of phishing attempts. If you suspect your Mindu account has been compromised (e.g., you notice unauthorized transactions or changes), notify us immediately and change your password. We may suspend or lock an account if we detect suspicious login activity to protect you.

Third-Party Breach Disclaimer: As stated in Section 9, we cannot guarantee perfect security. By using Mindu, you acknowledge that your account and data could be affected by events beyond our control (like a breach of the payment processor or hosting provider). We will act in accordance with applicable breach notification laws and assist as feasible, but we are not liable for damages caused by third-party breaches or cyberattacks.

Communications and Marketing: By registering, you agree that Mindu may send you transactional emails (e.g., purchase confirmations, shipping updates, dispute communications) as part of the service. You cannot opt out of those essential service communications. We may also send you promotional emails or messages (such as newsletters, special offers, surveys) if you have not opted out. You can unsubscribe from marketing emails at any time by clicking the link in the email or adjusting your account settings. We will not spam you; see our Privacy Policy for details. If you agreed to receive text messages (SMS alerts including delivery status), you can opt out by replying STOP or through settings. Standard carrier charges may apply to texts.

Cookies and Tracking: Mindu uses cookies and similar technologies to provide and improve the Services (for functions such as keeping users logged in, and for analytics). Our Privacy Policy outlines this. By using the site, you consent to our use of cookies in accordance with our policies. You can control cookies via browser settings, which may affect functionality.

Children's Privacy: Mindu's Services are not for use by children under 13. We do not knowingly collect personal data from children under 13. If we learn of any account or data associated with a child under 13, we will delete it.

Data Processing and Storage: You agree that Mindu may process and store your information in the United States and other countries as needed to provide the service. We will retain your data for as long as needed for business and legal purposes (for instance, account information as long as you have an account, and thereafter a backup or some data for record-keeping, dispute resolution, or fraud prevention). We adhere to applicable data retention limits mandated by law.

Requesting Data / Deletion: You can request a copy of your personal data or deletion of your personal data by contacting us at hello@lovemindu.com. However, note that deleting your data means we might have to close your account because we need certain data to operate an account. Some data will be retained if necessary (e.g., transaction records for financial compliance or to prevent fraud under a different name).

Law Enforcement Requests: Mindu may disclose user information to law enforcement or pursuant to legal requests (subpoena, court order) if we believe disclosure is required or permitted by law. We care about user privacy, but we must comply with the law. We will usually notify users of such requests unless legally barred.

11. Governing Law, Arbitration & Dispute Resolution

Please read this section carefully – it affects your legal rights by requiring arbitration of most disputes and limiting the manner in which you can seek relief.

Governing Law: These Terms and any dispute that arises between you and Mindu are governed by the laws of the State of Delaware, USA, and the federal laws of the United States, without regard to conflict-of-law principles that would apply another jurisdiction's laws. We choose Delaware law because Mindu is a Delaware-incorporated company. If you reside outside the U.S., you still agree that Delaware/U.S. law will apply, which ensures consistency. That said, if you are a consumer in a jurisdiction with mandatory consumer protection laws, those laws may apply to the extent required by law (meaning certain provisions of Delaware law might not override those protections). Arbitration Agreement: You and Mindu agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, "Disputes") will be resolved solely by binding arbitration on an individual basis, except as noted below. This includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. By agreeing to arbitration, you and Mindu are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law govern the interpretation and enforcement of this arbitration agreement, overriding any state laws to the contrary, since the Services involve interstate commerce.

Scope: This arbitration agreement is intended to be broadly interpreted. It includes claims that arose before you accepted these Terms (such as claims related to earlier actions on the Service and statements from marketing), and it survives the termination of your relationship with Mindu.

Exceptions: Notwithstanding the above, either party may choose to pursue: (a) claims in small claims court if they qualify (as long as the claims remain in that court and on an individual basis); and (b) claims for injunctive or equitable relief for intellectual property infringement or unauthorized use of the Services (e.g., you hacking our site or us needing to block certain conduct) can be brought in court. Also, nothing in this agreement stops you from reporting issues to federal, state, or local agencies (such as the FTC or state attorneys general) and they can, if the law allows, seek relief against us on your behalf.

Initial Dispute Resolution: Most disputes can be resolved without formal proceedings. Before initiating arbitration, you agree to try to resolve the dispute informally by contacting Mindu's support at hello@lovemindu.com and providing a brief written description of the dispute and your contact information. We will contact you via email or phone to discuss and try to resolve the issue. If we are unable to resolve the dispute within 30 days from when we receive your initial dispute notice, either party may proceed to arbitration.

Arbitration Procedures: Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if you are an individual using the Services) or the Commercial Arbitration Rules (if you are using the Services for a business purpose). You can find AAA's rules on their website. If AAA is not available, the parties shall agree on an alternative arbitral forum or the court can appoint one. To initiate arbitration, you must send a letter requesting arbitration and describing your claim to our Delaware registered agent Corporation Service Company (CSC) at 251 Little Falls Drive Wilmington, DE 19808; phone +1 866 403 5272 or to us at 1178 Broadway, Fl 3 #4316, New York, NY 10001. AAA's filing and arbitration fees will apply, except as modified herein.

The arbitration will take place in New York, NY unless you and Mindu agree otherwise or unless AAA or the arbitrator determines that the matter will be handled based on written submissions or a telephonic hearing. If your claim is for $10,000 or less, you may choose whether the arbitration will conduct an in-person hearing or decide solely on documents. If your claim exceeds $10,000, the AAA rules will determine your right to a hearing. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the AAA according to the rules.

Arbitrator's Authority: The arbitrator shall have exclusive authority to resolve any Dispute, including any question about the scope, enforceability, or interpretation of this arbitration agreement, and any claim that all or part of this arbitration agreement is void or voidable. The arbitrator can grant any remedy that a court could, but only on an individual basis for the claimant alone (the arbitrator cannot award relief to a class or anyone not directly involved in the arbitration). The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: You and Mindu agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. This means: no class actions, class arbitrations, private attorney general actions, or consolidation of your claim with others. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If this class action waiver is found unenforceable, then the entirety of the arbitration agreement shall be null and void (but the rest of the Terms will remain in effect). However, a finding that the class waiver is unenforceable in one instance (say, for a certain request for public injunctive relief that under law can't be arbitrated) does not automatically void the whole arbitration agreement for all other claims (severability applies to preserve as much as possible).

Opt-Out Right: Arbitration is not mandatory. If you are a new user, you can choose to opt out of the arbitration agreement with no penalty IF you mail a written opt-out notice to Mindu Legal Department at 1178 Broadway, Fl 3 #4316, New York, NY 10001 within 30 days of first accepting these Terms. The opt-out notice must include your name, address, the email associated with your Mindu account, and a clear statement that you want to opt out of the arbitration agreement. If you do so, or if you did so under a prior Terms version, then only the "Governing Law & Jurisdiction" subsection below applies to you (not arbitration). Opting out of arbitration has no effect on other parts of these Terms, including the class action waiver if allowed by law. If you have an existing account and previously had an opportunity to opt out of arbitration, your existing opt-out choice (if any) remains in effect.

Fees and Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If your total damage claims are $5,000 or less, and you provided a Notice to Mindu and negotiated in good faith before arbitration, and the arbitrator finds your claims non-frivolous, Mindu will reimburse your filing fees and pay the arbitrator's fees (in other words, Mindu will bear the costs of arbitration) to the extent required by law or to make arbitration affordable compared to court. Each party will bear their own attorneys' fees and expenses, unless a law says you can recover those or the arbitrator awards such fees in accordance with applicable law.

Governing Law for Arbitration: The arbitration shall be governed by the Federal Arbitration Act (FAA). The arbitrator will apply Delaware law (or applicable U.S. federal law) consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator will not be bound by rulings in other arbitrations involving different Mindu users, but is bound by these Terms as a contract. Severability of Arbitration Terms: Except for the class action waiver provided above, if any part of this arbitration agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the arbitration agreement; provided, however, if the class action waiver is ruled unenforceable in a way that permits class or representative arbitration, the entire arbitration agreement shall be void. If the arbitration agreement is void due to opt-out or unenforceability, you and Mindu agree that the exclusive jurisdiction and venue described below will govern any litigation arising out of these Terms or your use of the Services.

Venue & Jurisdiction for Litigation: If for any reason a Dispute proceeds in court rather than arbitration, such as if you opt out of arbitration or we cannot enforce arbitration, then it will be litigated exclusively in the state or federal courts located in Delaware (if brought by you against Mindu) or in your home jurisdiction (if brought by Mindu against you, we will in good faith bring it where you reside, to not impose undue burden). Both you and Mindu consent to personal jurisdiction in Delaware and waive any objections to venue in Delaware courts for such litigation (unless a specific law forbids this for consumers). However, if Delaware law would deny you an unwaivable consumer right, we can agree to use your local state's law and courts for that claim. The key point is that we won't have multi-state fights: one state's law (Delaware) and courts will typically apply, simplifying proceedings.

Jury Trial Waiver: In the unlikely event any lawsuit is permitted to proceed in court (say, if arbitration is opted out), you and Mindu knowingly and voluntarily waive any right to a jury trial in any court proceeding. If for some reason this waiver is prohibited by law, then and only then this provision would not apply.

Time Limits: Any claim or cause of action you have arising out of these Terms or your use of Mindu must be filed within one (1) year after such claim arose; otherwise it is forever barred. This does not apply to statutory causes of action that by law cannot be shortened (some states prohibit shortening their statute of limitations for certain claims). We aim to address issues promptly, so don't delay in asserting any rights.

12. Miscellaneous Provisions

Modifications to Terms: Mindu may amend or update these Terms from time to time. If we make material changes, we will provide notice to you, such as by updating the "Last Updated" date at the top of these Terms and/or sending an email or in-app notification. Unless we say otherwise, changes are effective immediately upon posting on our website. We may also specify an effective date in the future for certain changes, especially if required by law. It is your responsibility to review any updated Terms. By continuing to use the Services after a Terms update, you agree to be bound by the revised Terms. If you do not agree, you must stop using Mindu and may close your account (no penalty for doing so). For changes that we believe reduce your rights or increase obligations, we will endeavor to give 30 days' advance notice if feasible. However, changes addressing new features or changes made for legal reasons may be effective sooner. Always check the latest Terms. Mindu can also choose to ask you to actively consent to changes (e.g., via a pop-up requiring "Agree"), though that may not be necessary for every update.

Entire Agreement: These Terms, along with any policies or guidelines referenced (such as our Privacy Policy, Marketplace Guidelines, Shipping Policy, and any other rules on our site), constitute the entire agreement between you and Mindu regarding your use of the Services, and supersede any prior agreements or understandings (oral or written) between us relating to your use of the marketplace. Any other documents (like emails or FAQs) are for information only and are not contractual unless explicitly stated. You acknowledge that you are not relying on any representation or warranty not set forth in these Terms.

No Waiver: If Mindu fails to enforce any right or provision of these Terms, it is not a waiver of that right or provision. For example, if you violate a rule and we don't act immediately, we can still enforce it later. Any waiver must be in writing and signed by an authorized Mindu representative to be effective.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. In other words, the rest of the agreement survives even if one part is struck down. For example, if a state law forbids a certain disclaimer or limitation in Section 9, that part will be deemed modified to comply with law, but the rest of the section stays.

Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without Mindu's prior written consent. Any attempted assignment by you without consent is void. Mindu may freely assign or transfer these Terms (in whole or in part) to: an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or by operation of law. These Terms inure to the benefit of and will be binding on the parties' permitted assigns or successors.

No Agency: You and Mindu are independent contractors, and these Terms do not create any agency, partnership, joint venture, or employee-employer relationship. You cannot represent yourself as our agent or hold yourself out as able to bind Mindu. Third-Party Beneficiaries: Except for Mindu Parties under the Releases and Indemnification (who are intended third-party beneficiaries of those provisions), there are no third-party beneficiaries to these Terms. This means only you and Mindu have rights under this agreement (aside from those others specifically protected by the disclaimers, releases, etc.).

Force Majeure: Mindu will not be liable for any delay or failure to perform any obligation in these Terms due to events outside our reasonable control. This includes, but is not limited to, acts of God, natural disasters, acts of government, war, civil unrest, terrorism, labor strikes, Internet or power outages, epidemics, pandemics, or supply chain disruptions. If such an event occurs, we will use reasonable efforts to minimize the disruption, but some Services may be suspended temporarily. The time for Mindu's performance will be extended for the duration of the force majeure event.

Communications and Notices: Mindu may provide notices to you by email to the address associated with your account, by postal mail (if address provided), by posting on our website, or through messaging in the app. You agree that electronic notices have the same effect as physical delivery. If you have legal notices or complaints to send to us, you must send them in writing to our registered agent or to our corporate mailing address (Attention: Legal Department) at 1178 Broadway, Fl 3 #4316, New York, NY 10001. If you are a California resident, you may have the right to receive certain consumer notices in writing. By using the Service, you agree that we can provide them electronically instead.

Customer Service and Contact: For any questions or issues, please contact Mindu Customer Service at hello@lovemindu.com or through the "Contact Us" form on our website. We strive to respond to inquiries within 48 hours. If you have a dispute, see the Dispute Resolution section. If you have a general legal question or need to contact our legal team, you can email hello@lovemindu.com with "Legal Department" in the subject line. However, formal legal notices should follow the process above.

Survival: Any provisions of these Terms which by their nature should survive termination (such as fees owed, indemnities, releases, warranty disclaimers, liability limitations, arbitration agreement, and governing law) shall survive any termination or expiration of these Terms or of your account. In addition, any obligations to pay for transactions completed before termination, or to return property or confidential information, remain in effect.

Headings and Interpretation: The section titles in these Terms are for convenience only and have no legal effect. "Including" means "including without limitation." The singular includes the plural and vice versa. References to "days" mean calendar days unless specified as "business days." These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Consumer Rights (Specific Jurisdictions): Because Mindu operates out of New York, we include the following for compliance: In accordance with California Civil Code §1789.3, California users are entitled to the following consumer rights notice: Mindu is provided by Mindu, Inc., 1178 Broadway, Fl 3 #4316, New York, NY 10001. If you have a complaint, you may contact our Customer Service at hello@lovemindu.com. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Sacramento, CA 95834 or by phone at (800) 952-5210.

Export Laws: You agree to comply with all export and import laws and regulations. You will not use Mindu to sell or distribute items that are controlled under U.S. export laws (like certain high-tech goods) to any country or individual prohibited by U.S. law. Also, you confirm you are not on any U.S. government denied-party list. Additional Terms for Certain Features: If particular features or promotions have additional terms, those will apply as well (and be considered part of these Terms). For example, if we run a contest or referral program, rules for that might be provided separately. If there is a conflict between those additional terms and these Terms, the additional terms will govern for that feature.

Final Acknowledgment: By using Mindu, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. These Terms are written in plain language to help you understand your rights and obligations. If you ever need any clarification, feel free to reach out. Thank you for being a part of the Mindu community, and happy trading!