Welcome to MiniSprouts LLC! These Terms and Conditions ("Terms") govern your use of our software as a service, memory, photo, and video storage services, and physical book orders and shipments. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully before using our platform.

By accessing or using any part of the MiniSprouts LLC platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

You must be at least 18 years old and legally capable of entering into contracts to use MiniSprouts LLC's services. By using our services, you warrant that you meet the eligibility requirements.

MiniSprouts LLC offers memory, photo, and video storage services, as well as the ability to order and receive physical books. Our services are available for personal, non-commercial use, and you may not use them for any unlawful or unauthorized purposes.

Grant of License: The Company grants the User a non-exclusive, non-transferable, revocable license to access and use the software as a service provided by the Company solely for the User's internal business purposes.

User Accounts: Each User must create a unique account to access the software. User accounts are strictly for individual use, and sharing account credentials with others is strictly prohibited.

Restrictions: Users shall not, and shall not allow any third party to:

• a. Modify, adapt, translate, or create derivative works of the software;
• b. Reverse engineer, decompile, disassemble, or attempt to derive the source code from the software;
• c. Sell, lease, sublicense, or otherwise transfer any rights to the software;
• d. Use the software to infringe on any intellectual property rights of the Company or any third party;
• e. Use the software to engage in any illegal activities or violate any applicable laws or regulations;
• f. Interfere with or disrupt the functionality or security of the software or its underlying infrastructure;
• g. Access, monitor, or copy any content or information from the software using any automated means or unauthorized method;
• h. Use the software to send unsolicited communications or spam.

Updates and Upgrades: The Company may release updates, enhancements, or new features to the software. The User acknowledges that the Company may modify or discontinue any part of the service at any time without prior notice.

Intellectual Property: The software and all related intellectual property rights are and shall remain the exclusive property of the Company. Nothing in this Agreement grants the User any right, title, or interest in or to the software, except for the limited license provided herein.

Data and Privacy: The Company shall maintain appropriate measures to protect the privacy and security of User data. However, the User agrees that the Company may collect and use data as described in the Privacy Policy.

Indemnification: The User agrees to indemnify and hold the Company and its officers, directors, employees, and agents harmless from and against any claims, damages, liabilities, costs, and expenses arising out of or in connection with the User's use of the software or any breach of this Agreement.

Termination: The Company reserves the right to suspend or terminate the User's access to the software for any reason, without notice, at its sole discretion. Upon termination, the User shall cease all use of the software and any associated materials.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States of America, Florida. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the competent courts of the United States of America.

Entire Agreement: This Agreement constitutes the entire understanding between the User and the Company concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.

Dynamic Nature of Product and Services: Our software as a service is continually evolving to adapt to new technologies and meet user needs. As a result, you acknowledge and agree that the features, functionalities, and services provided by The Company may change over time.

No Guarantee of Specific Features: While we make every effort to maintain a high standard of service, we do not guarantee the inclusion, permanence, or availability of any specific features or functionalities in our software. The Company reserves the right to add, modify, or remove features without prior notice.

Service Limitations: While we strive to offer a reliable and high-performing service, there may be instances when access to our software is limited or unavailable due to maintenance, upgrades, security measures, system outages, or unforeseen circumstances. The Company shall not be liable for any losses or damages arising from such temporary service interruptions.

Performance and Compatibility: The performance and compatibility of our software may vary depending on factors such as the user's device, internet connection, and data complexity. We do not guarantee specific performance levels or compatibility with all devices or operating systems.

Third-Party Integration: Our software may integrate with third-party services, applications, or APIs to extend its functionality. While we take precautions to ensure smooth integration, the availability and reliability of such third-party services are beyond our control, and the Company shall not be held responsible for any issues arising from their use.

Feature Discontinuation: The Company may, at its discretion, discontinue or retire certain features or services, and you agree that the Company shall not be liable for any inconvenience or loss resulting from the removal of such features.

User Responsibility: It is your responsibility to familiarize yourself with the current features and functionalities of our software. You acknowledge that you will not rely solely on the past availability of specific features or functionalities in making decisions related to your use of the software.

Feedback and Suggestions: We welcome feedback and suggestions from users about our software. However, any submission of ideas, suggestions, or feedback to the Company shall be considered voluntary and non-confidential. The Company may use such information without any obligation to compensate you or maintain its confidentiality.

No Obligation to Customize: The Company has no obligation to modify or customize the software to meet specific user preferences, unless explicitly stated in a separate agreement.

By accessing or using our software as a service, you acknowledge that you have read, understood, and agreed to be bound by the terms outlined in this "Product and Services" section of the Terms and Conditions. The Company reserves the right to modify or update this section at any time, and such changes will be effective upon posting to our website or notifying you through the platform.

Responsibility for Uploaded Content: As part of using our software as a service, users may be allowed to upload or submit content to the platform ("User Uploaded Content"). By uploading or submitting User Uploaded Content, you acknowledge and agree that you are solely responsible for the content you upload, and you represent that you have all necessary rights, licenses, and permissions to do so.

Content Compliance: You understand and agree that you will not upload, post, or transmit any User Uploaded Content that infringes on any third-party intellectual property rights, violates any applicable laws or regulations, is defamatory, obscene, offensive, or otherwise objectionable. The Company reserves the right to remove any User Uploaded Content that is found to be in violation of this provision.

Content Backups: While the Company takes reasonable measures to maintain backups of User Uploaded Content, you acknowledge and agree that it is ultimately your responsibility to maintain copies of your content. The Company shall not be liable for any loss, damage, or deletion of User Uploaded Content.

No Liability for User Uploaded Content: The Company does not endorse, monitor, or control User Uploaded Content, and as such, the Company disclaims all liability for any content posted or uploaded by users. You use the software at your own risk, and you are solely responsible for any consequences resulting from the use of User Uploaded Content.

Compliance with Legal Obligations: You agree to comply with all applicable laws, regulations, and legal obligations concerning the content you upload or submit through our software. If the Company is notified of any alleged legal violations related to your User Uploaded Content, we may investigate and take appropriate actions, including the removal of such content and suspension or termination of your access to the service.

Reporting Infringements: If you believe that any User Uploaded Content infringes on your copyright or intellectual property rights, please notify the Company using the designated copyright infringement reporting process. The Company will take appropriate actions as required under applicable law.

Content Ownership: Except for the limited license granted to the Company in section 3, you retain all rights and ownership in your User Uploaded Content. The Company does not claim ownership of your content.

By uploading or submitting User Uploaded Content to our software as a service, you acknowledge that you have read, understood, and agree to be bound by the terms outlined in this "User Uploaded Content" section of the Terms and Conditions. You further acknowledge that failure to comply with these terms may result in the removal of your User Uploaded Content and/or suspension or termination of your access to the service.

Service Subscription: When you subscribe to our software as a service, you may have the option to choose different service plans with varying features and pricing ("Service Subscription"). The Service Subscription may be subject to a recurring payment cycle, which could be monthly, annually, or otherwise specified.

Upgrading or Downgrading Services: During the course of your subscription, you may have the flexibility to upgrade or downgrade your chosen service plan to better suit your needs ("Service Change"). Such changes may take effect immediately or at the start of your next billing cycle, as determined by the Company.

No Prorated Refunds: It is essential to note that any Service Change, whether an upgrade or downgrade, does not entitle you to receive prorated refunds for the unused portion of your current billing cycle. The Company does not provide refunds, credits, or adjustments for any remaining days in your current billing cycle when you make a Service Change.

Billing Cycle and Charges: The billing cycle for your Service Subscription will continue as per your chosen plan until the end of the current billing period, irrespective of any Service Change made during that time. For example, if you upgrade your service in the middle of your billing cycle, you will be charged for the upgraded plan for the entire current billing cycle, and the change will take effect at the start of the next billing cycle.

Notice of Service Change: The Company may provide notifications regarding upcoming Service Changes, but it is your responsibility to review and understand the implications of such changes on your billing and usage.

By choosing to upgrade or downgrade your services within our software as a service, you acknowledge that you have read, understood, and agree to be bound by the terms outlined in this "Upgrading or Downgrading Services - No Prorated Refunds" section of the Terms and Conditions. The Company reserves the right to update or modify this section at any time, and such changes will be effective upon posting to our website or notifying you through the platform.

Account Termination: You may choose to cancel your account with The Company at any time by following the account cancellation process provided within our software as a service.

No Refunds: Please note that account cancellations do not entitle you to receive any refunds, credits, or prorated reimbursements for any unused portion of your current billing cycle. All fees and charges are non-refundable, and the Company does not offer reimbursement for partial months or days of service.

Data Retention: Upon account cancellation, your access to the software and its associated services will be terminated, and your data will be retained according to our Data Retention Policy (as outlined in the Privacy Policy). It is your responsibility to back up and save any content or data before canceling your account, as the Company shall not be liable for any loss or deletion of data following account cancellation.

Subscriptions and Billing: If your account is associated with a recurring subscription plan, canceling your account will stop any future recurring charges. However, any fees already charged and paid for the current billing cycle will not be refunded.

Inactive Accounts: The Company reserves the right to terminate or suspend accounts that remain inactive for an extended period of time. An account is considered inactive if there has been no login or account activity for a specified period, as determined by the Company. In the event of such termination, the Company shall not be liable for any loss of data or content associated with the inactive account.

Outstanding Payments: Account cancellation does not relieve you of any outstanding payment obligations you may have incurred before canceling your account. All fees and charges accrued prior to cancellation remain due and payable.

Right to Refuse or Terminate: The Company reserves the right to refuse service or terminate an account for any reason, at its sole discretion. We may take such action if we believe that the user's actions or content violate the Terms and Conditions or any applicable laws, or if the account is used for fraudulent, malicious, or unauthorized purposes.

We offer a 30-day money back guarantee for subscriptions. If you are not satisfied with our services within the first 30 days of your initial subscription, you may request a full refund by contacting our customer support team.

You retain all rights to the content you upload to MiniSprouts LLC. By using our services, you grant MiniSprouts LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and publish your content for the sole purpose of providing the services to you.

Acknowledgment of Limitation: By using our software as a service, you acknowledge and agree that The Company and its affiliates, directors, officers, employees, agents, and contractors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, data, goodwill, use, or other intangible losses, arising out of or in connection with the use or inability to use our software, regardless of whether such damages are based on contract, tort, negligence, strict liability, or any other legal theory.

No Warranties: The software is provided on an "as-is" and "as available" basis, without any warranties or representations of any kind, whether express or implied. The Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

User Responsibility: You understand and agree that your use of the software is at your own risk. It is your responsibility to assess the suitability of the software for your specific needs and to take appropriate precautions to protect your data and systems.

Third-Party Content: The Company may provide links to third-party websites or content within the software, but it does not endorse or assume any responsibility for the accuracy, legality, or appropriateness of such content. Your interactions with third-party websites or services are solely between you and the third party, and any claims or disputes arising from such interactions shall be resolved directly with the third party.

Limitation on Damages: In no event shall the total liability of the Company and its affiliates, directors, officers, employees, agents, and contractors, arising out of or related to the use of the software, exceed the total amount paid by you, if any, to the Company for the specific service during the twelve (12) months preceding the event giving rise to the liability.

Indemnification: You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the software or any violation of this Agreement.

Force Majeure: The Company shall not be liable for any failure to perform or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorist acts, war, labor disputes, government regulations, or technical failures.

By accessing or using our software as a service, you acknowledge that you have read, understood, and agreed to be bound by the terms outlined in this "Limitation of Liability" section of the Terms and Conditions. The Company reserves the right to modify or update this section at any time, and such changes will be effective upon posting to our website or notifying you through the platform.

Governing Law: This Agreement and any disputes arising from or related to the use of our software as a service shall be governed by and construed in accordance with the laws of United States of America, Florida without regard to its conflicts of law principles.

Jurisdiction: Any legal action or proceeding arising out of or relating to this Agreement or the use of our software shall be brought exclusively in the competent courts of United States of America, Florida. You expressly consent to the personal jurisdiction of such courts and waive any objections to the exercise of jurisdiction over you by such courts.

Venue: In any legal action or proceeding, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.

International Users: If you are accessing our software as a service from a location outside United States of America, Florida, you are responsible for compliance with all local laws. The Company makes no representation that the content and services provided through the software are appropriate or available for use in other locations. Accessing the software from territories where its content is illegal is prohibited.

Conflict of Laws: In the event of any conflict between the governing law of this Agreement and any other laws that may apply to specific aspects of our software or services, the provisions of this section on "Governing Law" shall prevail.

By accessing or using our software as a service, you acknowledge that you have read, understood, and agreed to be bound by the terms outlined in this "Governing Law" section of the Terms and Conditions. The Company reserves the right to modify or update this section at any time, and such changes will be effective upon posting to our website or notifying you through the platform.

These Terms shall be governed by and construed in accordance with the laws of the state of Florida, United States. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida.

MiniSprouts LLC reserves the right to update or modify these Terms at any time without prior notice. By continuing to use our services after such changes, you agree to be bound by the revised Terms.

If you have any questions or concerns regarding these Terms and Conditions, please contact us at support@minisprouts.com.

By using MiniSprouts LLC's services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.