Minaka Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and [LEGAL ENTITY NAME] (“Minaka,” “we,” “us,” or “our”) and govern your access to and use of the Minaka venue and event management platform and related services (the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Definitions

• “Service” — the Minaka platform, websites, mobile experiences, APIs, and associated software and documentation.
• “Customer,” “you,” or “your” — the individual or entity that registers for or uses the Service.
• “Subscription” — your right to access the Service under a selected pricing tier.
• “Venue” — the event venue, hotel, restaurant, hospitality group, or similar business that you manage using the Service.
• “Client Data” — any data, content, or information you (or your authorized users) upload, submit, generate, or transmit through the Service, including data about your clients and events.

2. Account Registration

2.1 Account Creation

You must register for an account with accurate, current, and complete information and keep that information up to date.

2.2 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.

2.3 Account Security

You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at hello@minaka.app if you suspect unauthorized access.

3. Subscription Plans & Pricing

3.1 Pricing Tiers

Minaka offers tiered subscriptions. Current plans, fees, and included features are described on www.minaka.app and within the Service. Pricing is incorporated into these Terms by reference.

3.2 Transaction Fees

Some plans include transaction fees on payments processed through the Service. These fees are in addition to fees charged by our payment processor (Stripe).

3.3 Billing & Renewal

Subscriptions are billed in advance on a recurring basis (monthly or annually, as you select) and automatically renew until cancelled. You authorize us to charge the payment method on file for all applicable fees and taxes.

3.4 Price Changes

We may change pricing for new or renewing Subscriptions on at least 30 days' notice. Changes do not affect the current paid Subscription term.

3.5 Taxes

Fees do not include taxes. You are responsible for any applicable sales, use, VAT, or similar taxes, except for taxes based on our net income.

3.6 Refunds

Except as required by law or stated in our Refund Policy, all fees are non-refundable.

4. Use of the Service

4.1 Acceptable Use

You agree not to:

• Use the Service in violation of law or these Terms
• Reverse engineer, decompile, or attempt to extract source code, except where permitted by law
• Resell, sublicense, or white-label the Service except as expressly permitted by your plan
• Use the Service to send spam, unsolicited messages, or content that infringes others' rights
• Attempt to circumvent security, rate limits, access controls, or usage quotas
• Upload malware, viruses, or other harmful code
• Use the Service to compete with us or to build a competing product

4.2 Your Customers and Guests

You are responsible for the lawful collection, use, and storage of Client Data, including obtaining any consents required to share Client Data with us. You are responsible for the conduct of your team members and authorized users.

5. Client Data & Privacy

5.1 Ownership

You retain all rights to Client Data. You grant Minaka a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, modify, and process Client Data solely as necessary to provide and improve the Service.

5.2 Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

5.3 Aggregated Data

We may use aggregated, de-identified data derived from your use of the Service to operate, secure, and improve the Service. This data does not identify you, your Venue, or your clients.

5.4 Backups & Export

We maintain reasonable backups, but you are responsible for maintaining your own export or copy of Client Data. You can export your data at any time while your account is active.

6. Third-Party Services

The Service integrates with third-party services (e.g., Stripe, email/SMS providers, authentication providers, calendar integrations). Your use of those services is governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, content, or practices of third-party services.

7. Intellectual Property

7.1 Our IP

The Service, including all software, designs, text, graphics, and trademarks, is owned by Minaka or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms during the term of your Subscription.

7.2 Feedback

If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

7.3 Trademarks

“Minaka,” our logos, and our product names are our trademarks. You may not use them without our prior written permission, except as part of a public statement that you use the Service.

8. Suspension & Termination

8.1 By You

You may cancel your Subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; fees already paid are not refunded except as stated in our Refund Policy or required by law.

8.2 By Us

We may suspend or terminate your access to the Service, with or without notice, if:

• You materially breach these Terms
• We are required to do so by law
• Your account poses a security or legal risk to us or others
• Your Subscription fees are unpaid after a reasonable cure period

8.3 Effect of Termination

Upon termination, your right to use the Service ends. We will make Client Data available for export for a limited period (typically 30 days) before deletion, except where retention is required by law.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINAKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT WILL MINAKA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• MINAKA'S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD $100, WHICHEVER IS GREATER.

These limitations apply to the fullest extent permitted by law and survive termination of these Terms.

11. Indemnification

You agree to defend, indemnify, and hold harmless Minaka and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of:

• Your Client Data
• Your use of the Service
• Your breach of these Terms
• Your violation of any law or third-party right

12. Governing Law & Disputes

These Terms are governed by the laws of the [STATE], without regard to conflict-of-laws principles. The exclusive jurisdiction and venue for disputes arising out of these Terms will be the state and federal courts located in [COUNTY, STATE], and the parties consent to personal jurisdiction in those courts.

Before filing a formal claim, you agree to first try to resolve the dispute informally by emailing hello@minaka.app. We will attempt to resolve the dispute within 60 days.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last Updated” date and, where appropriate, notify you by email or in-product notice. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Miscellaneous

• Entire Agreement. These Terms, the Privacy Policy, the Refund Policy, and any plan-specific terms constitute the entire agreement between you and Minaka regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
• No Waiver. Our failure to enforce a provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
• Notices. We may send notices to the email address associated with your account; you may send notices to hello@minaka.app.

15. Contact

[LEGAL ENTITY NAME] (Minaka)
Email: hello@minaka.app
Mailing address: [COMPANY MAILING ADDRESS]
Web: www.minaka.app