Terms of service

1. Agreement

These Terms of Service (the “Terms”) are a binding legal agreement between you and Aniel Reyes, a sole proprietor doing business as MinDrop (“MinDrop”, “we”, “us” or “our”). They govern your access to and use of the MinDrop website at mindrop.app, the MinDrop apps for iPhone, iPad, Android and Mac (including MeetDrop), the MinDrop browser extension, the Kindle tools, the text-message and email features, Mia and other AI features, and every related product and service we offer (together, the “Service”).

By checking the box at sign-up, creating an account, tapping “Accept” on a notice about updated Terms, or otherwise using the Service, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy, which explains how we collect, use and share personal information, including how AI features process your data. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization, you represent that you have authority to bind it to these Terms, and “you” includes that organization.

Important: section 20 requires most disputes to be resolved through final, binding individual arbitration instead of in court, and waives your right to participate in class actions or jury trials. You may opt out of arbitration within 30 days as described in section 20.

2. Eligibility, accounts and children

Age. You must be at least 13 years old to use MinDrop, or older if the law where you live requires a higher age to consent to the processing of personal data (for example 16 in some countries of the European Economic Area). If you are under 18 (or the age of majority where you live), you may use MinDrop only with the involvement and permission of a parent or legal guardian who agrees to these Terms on your behalf. MinDrop is not directed to children under 13, and we do not knowingly collect personal information from them. See Children in the Privacy Policy.

Accounts. You agree to give accurate and complete information when you sign up, to keep it up to date, to keep your password and any two-step sign-in codes confidential, and to notify us promptly at [email protected] if you believe your account has been accessed without permission. You are responsible for all activity that occurs under your account, except activity caused by our own failure to use reasonable security. Accounts are personal: do not share, sell or transfer your account.

Invitations. Sign-ups may be open, invite-only or paused at our discretion. An invitation does not guarantee access to any particular feature.

Who may not use MinDrop. You may not use the Service if we have previously terminated your account for violating these Terms, or if you are barred from receiving services under applicable law (see section 21).

3. The Service, early access features and betas

License to use the Service. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Service, and to install and use our apps on devices you own or control, solely for your personal or internal business purposes. All rights not expressly granted are reserved.

Early access features. Some features are labeled “early access”, are turned on for some accounts only, or are otherwise offered on a trial, preview or limited basis (for example Mia, MeetDrop, Kindle Scribe sync, the dedicated text number and email-to-drop). Early access features may be incomplete, may contain errors, may change or be discontinued at any time without notice, may have usage limits, and are provided “as is”, without any warranty or service commitment. We may turn an early access feature on or off for your account at any time. Where practical, we will give you a chance to export content created with a feature before it ends.

Beta and pre-release builds. If you install a pre-release build (for example through Apple TestFlight, a Google Play testing track, or a direct download of MeetDrop for Mac), you understand that it is a test version that may be unstable, may lose data and may stop working at any time. Keep your own copies of anything important. Do not publicly share pre-release builds or disclose non-public features without our permission. Your use of TestFlight is also subject to Apple's TestFlight terms, and your use of a Google Play testing track is subject to Google Play's terms.

Availability. We work hard to keep MinDrop running, but the Service may be interrupted for maintenance, upgrades, network or provider failures, or events outside our control. We may modify, suspend or discontinue any part of the Service. If we discontinue the Service as a whole, we will try to give you reasonable notice and an opportunity to export your content.

Third-party services. The Service interoperates with services we don't control (for example your mobile carrier, your email provider, Apple Calendar and Reminders, your Kindle device and websites whose links you save). Your use of those services is governed by their own terms, and we are not responsible for them.

4. Your content

You own your content. “Your content” means everything you or others on your behalf put into the Service: drops, notes, to-dos, reminders, notebooks, handwriting and drawings, tags, comments, links, photos and files, texts and emails you send in, meeting transcripts and summaries, and anything else you save. As between you and MinDrop, you keep all rights you have in your content.

The license you give us. You grant MinDrop and the service providers acting on our behalf a worldwide, non-exclusive, royalty-free license, for the duration described below, to host, store, copy, encrypt, back up, process, transmit, adapt (for example to reformat, convert, resize, transcribe or summarize), and display your content, solely as needed to operate, provide, secure, maintain and support the Service for you, including the features you choose to use (such as syncing your board across devices, turning a text or email into a drop, reading handwriting, or sending your content to an AI or transcription provider when you use those features), to comply with law, and to enforce these Terms. We do not use your content to advertise to you, we do not sell it, and we do not use it to train or improve general-purpose AI models. This license ends when you delete the content or your account, except for copies in backups and logs that expire on their normal schedule (see Retention) and content you have chosen to share with others.

Your responsibilities. You are solely responsible for your content and for your use of it. You represent and warrant that you own or have all rights, licenses, consents and permissions needed to put your content into the Service and to grant the license above, including consent from any person whose personal information, voice, image or messages appear in it, and that your content and our use of it as permitted by these Terms will not violate any law or anyone's rights. MinDrop is not a backup service. Keep your own copies of anything important; you can export your board from Settings.

Our access to your content. Your board is encrypted at rest with a key specific to your account. MinDrop personnel do not browse your content. We access it only when needed to provide the Service to you, when you ask us to (for example in a support request), to investigate security incidents or violations of these Terms, or when required by law.

5. Acceptable use

You agree not to use the Service, or help or allow anyone else to use it, to:

• violate any applicable law or regulation, or infringe, misappropriate or violate anyone's intellectual property, privacy, publicity or other rights;
• record, intercept or transcribe any conversation or communication without every consent required by law (see section 7);
• upload, store or send content that sexually exploits or endangers children, is obscene, promotes violence, terrorism or self-harm, or harasses, threatens, defames or discriminates against others;
• send spam, bulk or unsolicited messages, or text, email or call numbers and addresses you are not authorized to use;
• upload viruses or other malicious code, or interfere with, disrupt, overload, probe, scan or test the vulnerability of the Service or any network or system connected to it, or bypass any rate limit, usage limit, access control or security measure;
• access or try to access another person's account or data, or the Service by any means other than the interfaces we provide;
• scrape, crawl, copy, resell, sublicense, frame or commercially exploit the Service, or use it to build a competing product;
• decompile, reverse engineer or disassemble the Service or our apps, except to the extent the law expressly permits it despite this restriction;
• use AI features to generate content that is illegal, deceptive, harmful or that violates the rights of others, to attempt to extract the underlying models, system instructions or other users' data, or to make automated decisions that produce legal or similarly significant effects on any person;
• misrepresent your identity or affiliation, or impersonate any person or organization; or
• use the Service in any situation where its failure could lead to death, personal injury or significant physical or environmental damage (for example to manage medication, medical devices or safety-critical systems).

We may investigate suspected violations, remove or disable access to content, limit features, and suspend or terminate accounts that violate these Terms, harm or put at risk the Service, other users or third parties, or expose us to legal liability. We may report illegal content (including child sexual abuse material) to law enforcement and appropriate authorities.

6. AI features

What they are. MinDrop offers optional features powered by artificial intelligence (“AI Features”), including: Mia, the in-app assistant you can type or talk to (including Mia's spoken replies); review of your Kindle and handwritten notebooks (reading handwriting and suggesting drops, tags and to-dos); MeetDrop meeting summaries and action items; and automatic sorting, titling and tagging of texts and emails you send to MinDrop. Content the AI Features produce is called “Output”.

Your permission. AI Features are off until you allow them. Before Mia, notebook review or AI sorting first uses your content, the app asks for your permission to send it to our AI service provider; before MeetDrop first sends a recording for transcription, the app asks for your separate permission. We record each permission on your account with the date you gave it, so every MinDrop app and our servers honor it. You can withdraw a permission at any time in Settings (for example Settings → Mia). Withdrawing stops future sending but does not undo processing that already happened. Some AI Features are early access features available only on some accounts (see section 3).

How your content is processed. When you use an AI Feature, the content needed for that request (for example what you type or say to Mia, the parts of your board needed to answer, pictures of the handwritten pages being reviewed, a meeting transcript, or the text of a message being sorted) is sent to the AI and transcription service providers named in section 11, which process it on our behalf to generate the Output. Some of these providers are located, or process data, outside the United States, including in China (see section 11 and International transfers). By turning on an AI Feature, you consent to that transfer and processing. We do not sell your content, we do not use it or any Output for advertising, and we do not provide it to any provider for the purpose of training that provider's general-purpose models. Please don't send AI Features highly sensitive information (such as health records, financial account or government ID numbers, or passwords).

Output can be wrong. AI Output is generated automatically by probabilistic models. It may be inaccurate, incomplete, outdated, biased, offensive or inappropriate; it may misread handwriting or mishear speech; it may attribute statements to the wrong speaker; and it may not be unique (other users may receive similar Output). Output does not reflect the views of MinDrop. You are responsible for reviewing Output and deciding whether it is accurate and appropriate before you rely on it, act on it or share it.

Not professional advice. Output is provided for general informational and productivity purposes only. It is not legal, medical, health, psychological, financial, investment, tax, accounting, engineering or other professional advice, and it is not a substitute for advice from a qualified professional. Do not use AI Features for decisions about health, safety, legal rights, credit, employment, insurance, housing or other matters that could significantly affect you or others. No professional-client relationship is formed by your use of AI Features.

No reliance; ownership of Output. To the fullest extent allowed by law, MinDrop is not liable for any action you take or fail to take based on Output. As between you and MinDrop, and to the extent permitted by law, you own the Output generated for you, subject to your responsibilities under these Terms and to any rights third parties may have in material that appears in Output. We make no representation that Output is protectable by copyright or does not infringe third-party rights.

Limits. We may apply usage limits to AI Features, change the models or providers that power them (we will update section 11 and the Privacy Policy when we change providers), or suspend them to protect the Service. Mia is an automated assistant, not a person.

7. Recording conversations (MeetDrop)

MeetDrop lets you record a meeting, call or conversation with your phone or Mac and receive a transcript, a summary and action items. The audio itself is never kept: it is streamed through our servers to our transcription provider, the copy on your device is deleted once it is uploaded, and the provider's copy is deleted as soon as the transcript is returned (see MeetDrop in the Privacy Policy).

You must get consent. Laws about recording conversations differ by place. Many U.S. states, including Florida (Fla. Stat. § 934.03) and California (Cal. Penal Code §§ 632 and 637.2), as well as Washington, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and others, and many countries, require the consent of every person in the conversation before it is recorded, and violations can carry criminal penalties and civil damages. Before you record, you agree to: (a) tell every participant that the conversation is being recorded and transcribed and that the transcript will be processed by automated tools, including AI; (b) obtain every consent required by the laws that apply to you and to each participant, wherever they are located, and apply the strictest applicable rule when participants are in different places; (c) stop recording if anyone objects; and (d) not record where recording is prohibited (for example where a participant has a reasonable expectation of privacy and has not consented, or where a meeting, employer, venue or platform policy forbids it). The app reminds you each time, but that reminder is not legal advice and does not obtain consent for you.

MinDrop is not a party. You, not MinDrop, decide whether, when and whom to record. MinDrop is not a party to, and does not participate in, your conversations or recordings; we merely provide a tool that processes the recording at your direction. You are solely responsible for your recordings, transcripts and summaries and for how you use and share them, including compliance with privacy, wiretapping, eavesdropping, employment, confidentiality and data-protection laws.

Voices. Speaker labels separate the voices in a recording so the transcript can show who said what. MinDrop does not create, collect or keep voiceprints or other biometric identifiers; any speaker separation is performed transiently by our transcription provider for that recording only and is deleted with the provider's copy.

Indemnity for unlawful recording. In addition to section 19, you agree to defend, indemnify and hold harmless MinDrop from any claim, demand, investigation, fine, penalty, damages or cost (including reasonable attorneys' fees) arising out of any recording, interception or transcription you make with the Service without every required consent or otherwise in violation of law.

Transcripts, summaries and action items are generated automatically and may contain errors (see section 6).

8. SMS terms (MinDrop Text)

Program. MinDrop Text lets you save drops by texting MinDrop's number and get replies to requests you send (for example GET for recent drops and FIND to search). Messages you receive are one-to-one, service-related messages: phone verification codes, replies to texts you send, and reminders you set up. We do not send marketing texts.

• Opt-in and consent. You opt in by adding your mobile number in MinDrop Settings and confirming it with the one-time code we text you (or by texting that code to us). By doing so, you expressly consent to receive text messages from MinDrop at that number, which may be sent using automated technology. Consent is not a condition of any purchase.
• Your number. You represent that you are the subscriber of the mobile number you add, or that you have the subscriber's permission to add it, and that you are at least 18 years old or have the permission of a parent or guardian who is the subscriber. A phone number can belong to only one MinDrop account. Remove the number in Settings if you give it up or change it.
• Message frequency varies based on how you use the program.
• Message and data rates may apply. MinDrop does not charge for texts, but your carrier's rates apply.
• Opt out. Reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT) at any time. We'll send one confirmation, remove the phone from every MinDrop account, and send no further texts. You can also remove the phone in Settings.
• Opt back in. Reply START (or UNSTOP), then re-add and confirm the phone in Settings.
• Help. Reply HELP for help, or email [email protected].
• Carriers. Supported on major U.S. carriers. Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed, so don't rely on texts for time-critical reminders.
• Privacy. Mobile information, phone numbers and SMS opt-in consent are not sold, rented or shared with third parties or affiliates for their marketing or promotional purposes. See Text messages in the Privacy Policy.
• AI sorting. If you have allowed AI Features, the text of messages you send in may be processed by our AI service provider to title and tag the drop (see section 6).

9. Email to MinDrop

If you turn on email capture, you can forward or send emails to MinDrop's address (and, where offered, an address unique to your account) to save them as drops. We accept messages only from sender addresses you have allowed, and we may reject messages that fail sender authentication (SPF, DKIM or DMARC), exceed size limits or appear malicious. The email, including its headers, body and attachments, is received and processed by our email provider and saved to your board; if you have allowed AI Features, it may also be processed by our AI service provider to title and tag it.

Emails often contain other people's personal information. You are responsible for having the right to forward that content to MinDrop and for complying with any confidentiality obligations that apply to it. Don't forward messages you are not allowed to share. Email delivery is not guaranteed.

10. Kindle Scribe and other devices

MinDrop can send documents to, and import or sync notebooks from, Amazon Kindle Scribe devices. MinDrop is not affiliated with, endorsed by or sponsored by Amazon. Kindle, Kindle Scribe and Amazon are trademarks of Amazon.com, Inc. or its affiliates; Apple, iPhone, iPad, Mac and TestFlight are trademarks of Apple Inc.; Android and Google Play are trademarks of Google LLC. All other trademarks belong to their respective owners, and their use here does not imply any affiliation or endorsement.

Some Kindle features depend on how your device is set up and may stop working if the device manufacturer changes its software. If you choose to install software on, modify, “jailbreak” or otherwise change the configuration of any device in order to use a MinDrop feature, you do so at your own risk and are solely responsible for complying with the device manufacturer's terms and for any consequences, including loss of data, loss of warranty, damage to the device, or suspension of your account with the manufacturer. MinDrop does not provide, require or support device modifications and is not responsible for them.

11. Service providers

We use the following companies to provide the Service. They process personal information on our behalf and under our instructions. The Privacy Policy describes the data each one receives, where it is processed and how long it is kept, and we will update this list when it changes.

Our providers are independent companies. Their services are subject to their own terms and policies, and we are not responsible for outages or failures of third-party services outside our reasonable control.

12. Our intellectual property

The Service, including our software, apps, designs, text, graphics, logos, the names “MinDrop”, “MeetDrop” and “Mia”, and all related intellectual property (but excluding your content), is owned by MinDrop or its licensors and is protected by copyright, trademark and other laws. These Terms do not give you any right to use our names, logos or trademarks. Open-source components included in our apps are licensed under their own licenses, which control to the extent they conflict with these Terms.

13. Feedback

If you send us ideas, suggestions, bug reports or other feedback (“Feedback”), including through the in-app feedback tools, you grant MinDrop a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable license to use, copy, modify, publish and otherwise exploit that Feedback for any purpose, without obligation or compensation to you. Please don't include confidential information in Feedback. This license does not cover your board content or any screenshot you choose to attach beyond using it to understand and fix the issue you reported.

14. Copyright complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Because boards are private, infringement notices are rare, but if you believe content accessible through the Service infringes your copyright, send a written notice to our designated agent that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and information reasonably sufficient for us to locate it; (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.

Designated copyright agent: Aniel Reyes (MinDrop), email [email protected] (subject “DMCA notice”).

If your content was removed and you believe it was a mistake or misidentification, you may send a counter-notice as permitted by 17 U.S.C. § 512(g). We terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

15. Plans, fees, refunds and changes

MinDrop is currently free. Some features are available only to some accounts, are offered as early access, or have usage limits (for example monthly limits on texts, emails, Mia requests or recording time). If we introduce paid plans, we will show the price, billing period, renewal and cancellation terms before you buy, and nothing will be charged without your express agreement. There are no hidden fees: MinDrop never charges you for anything you didn't agree to at checkout. Your carrier's normal message and data rates still apply to texting (see section 8). Purchases made through the App Store or Google Play will be handled by Apple or Google under their terms, including their refund policies. We may add, change or remove features; if a change materially reduces a paid feature you rely on, we will give you notice.

Refunds. MinDrop is free right now, so there is nothing to refund. If we add paid plans, these rules apply unless the plan's terms shown before you buy are more generous: you can cancel any time and keep paid features until the end of the period you paid for; if you were charged by mistake or charged twice, email [email protected] within 30 days and we'll refund it; and if we shut MinDrop down or take away a paid feature, we'll refund the unused part of what you prepaid. Purchases made through the App Store or Google Play are refunded by Apple or Google under their own rules. If the law where you live gives you more refund rights, you keep them.

16. Ending your account

You may stop using MinDrop at any time and delete your account in Settings (on iPhone and Android under Settings → Delete account, and on the web under Settings → Account → Delete account). Deleting your account permanently deletes your board and associated data as described in the Privacy Policy.

We may suspend or terminate your access to all or part of the Service, with or without notice, if you violate these Terms, if your use creates risk or possible legal exposure for us, other users or third parties, if required by law or a provider's requirements, if your account has been inactive for an extended period, or if we discontinue the Service. Where reasonable and legally permitted, we will give you notice and an opportunity to export your content.

Sections 4 (license limitations and your responsibilities), 5, 6 (output, no reliance), 7, 12, 13, 17, 18, 19, 20, 21, 25 and any other provision that by its nature should survive, survive termination.

17. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL CONTENT AND OUTPUT, AND ALL EARLY ACCESS AND PRE-RELEASE FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. MINDROP AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT CONTENT WILL NOT BE LOST OR CORRUPTED; THAT REMINDERS, NOTIFICATIONS, TEXTS OR EMAILS WILL BE DELIVERED ON TIME OR AT ALL; THAT TRANSCRIPTS, HANDWRITING RECOGNITION OR AI OUTPUT WILL BE ACCURATE, COMPLETE OR RELIABLE; OR THAT ANY DEFECT WILL BE CORRECTED. DO NOT RELY ON MINDROP FOR TIME-CRITICAL, MEDICAL, LEGAL, FINANCIAL OR SAFETY-RELATED PURPOSES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. If you are a consumer, you may have statutory rights that cannot be waived, and nothing in these Terms limits them.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINDROP, ITS AFFILIATES, OR ITS OR THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR CONTENT, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (INCLUDING AI OUTPUT, RECORDINGS AND TRANSCRIPTS, MISSED REMINDERS, AND THIRD-PARTY SERVICES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations are an essential part of the bargain between you and us and apply even if a remedy fails of its essential purpose. They do not limit liability for fraud, gross negligence, willful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be limited or excluded under applicable law.

19. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless MinDrop, its affiliates, and its and their owners, officers, employees, contractors and agents from and against any third-party claims, demands, investigations and proceedings, and all related losses, damages, liabilities, fines, penalties, costs and expenses (including reasonable attorneys' fees), arising out of or relating to: (a) your content; (b) your use of the Service, including AI Features and Output; (c) any recording, interception or transcription you make (see section 7); (d) messages you send or cause to be sent through the Service; (e) your violation of these Terms or of any law; or (f) your violation of any third party's rights. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. This section does not require you to indemnify us for our own negligence or misconduct.

20. Governing law, dispute resolution and arbitration

Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Florida, USA, and applicable U.S. federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

Informal resolution first. Before starting any arbitration or court proceeding, you and we each agree to try to resolve the dispute informally. Send a written notice describing the dispute, the relief sought and your contact information to [email protected] (subject “Dispute notice”) or to our mailing address in section 26; we will send notices to the email address on your account. If the dispute is not resolved within 60 days after the notice is received, either party may begin a proceeding as described below. Statutes of limitation are tolled during this period.

Binding individual arbitration. PLEASE READ CAREFULLY. Except as provided below, you and MinDrop agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service (including their formation, scope, validity and enforceability, and including claims that arose before these Terms) will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at adr.org), before a single arbitrator. The arbitrator, and not any court, has exclusive authority to resolve disputes about the interpretation, applicability or enforceability of this arbitration agreement, except that a court decides disputes about the class action waiver and about whether this section has been validly opted out of. Arbitration may be conducted by video conference or, for claims under US $10,000, on written submissions, unless the arbitrator decides an in-person hearing is necessary; any in-person hearing will take place in the county where you live or another mutually agreed location. Payment of filing, administration and arbitrator fees is governed by the AAA's rules; for claims under US $10,000 that are not frivolous, we will pay those fees on your behalf. The arbitrator may award the same individual relief a court could, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

Class action and jury trial waiver. YOU AND MINDROP 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, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If this waiver is found unenforceable as to any claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and decided by a court as described below, after the individual arbitration of all other claims is complete. YOU AND MINDROP EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

Mass filings. If 25 or more similar demands for arbitration are filed against us by or with the assistance of the same law firm or organization within a 90-day period, the demands will be administered in batches under the AAA's mass arbitration procedures, and the parties agree to cooperate in good faith to resolve them efficiently.

Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies and remains there on an individual basis; and (b) seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights, or unauthorized access to or abuse of the Service.

30-day right to opt out. You may opt out of this arbitration agreement by emailing [email protected] with the subject “Arbitration opt-out” from the email address on your account, within 30 days after you first accept these Terms (or, for existing users, within 30 days after you first accept a version of these Terms that contains this section). Include your name and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, and it does not affect any earlier arbitration agreement you may have with us.

Venue. Any claim not subject to arbitration (including if you opt out, or if this arbitration agreement is found not to apply) will be brought exclusively in the state or federal courts located in the State of Florida, and you and we consent to the personal jurisdiction of those courts, except that small-claims actions may be brought where you live.

Consumers outside the United States. If you live in the European Union, the United Kingdom, Switzerland or another country whose laws do not permit the agreements in this section, this section does not apply to you to that extent, you may bring proceedings in the courts of your country of residence, and the mandatory consumer-protection laws of your country apply. EU consumers may also use the online dispute resolution platform at ec.europa.eu/consumers/odr where available.

Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

21. Export controls and sanctions

The Service is subject to U.S. export control and economic sanctions laws. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. embargo or sanctions (currently including Cuba, Iran, North Korea, Syria and the Crimea, so-called Donetsk People's Republic and Luhansk People's Republic regions of Ukraine), that you are not listed on, or owned or controlled by anyone listed on, any U.S. government list of prohibited or restricted parties (including the Treasury Department's Specially Designated Nationals List and the Commerce Department's Entity List), and that you will not use or export the Service in violation of those laws.

22. Apple app terms

The following terms apply if you download or use a MinDrop app from Apple's App Store or TestFlight (the “iOS App”). They supplement these Terms and control if there is a conflict.

• Acknowledgement. These Terms are concluded between you and MinDrop only, and not with Apple Inc. (“Apple”). MinDrop, not Apple, is solely responsible for the iOS App and its content.
• Scope of license. Your license to use the iOS App is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the iOS App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where available.
• Maintenance and support. MinDrop is solely responsible for providing any maintenance and support for the iOS App, as specified in these Terms or as required by law. Apple has no obligation whatsoever to furnish any maintenance or support services for the iOS App.
• Warranty. MinDrop is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the iOS App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the iOS App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are MinDrop's sole responsibility.
• Product claims. MinDrop, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and use of it, including (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
• Intellectual property rights. If any third party claims that the iOS App or your possession and use of it infringes that third party's intellectual property rights, MinDrop, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
• Developer name and address. Questions, complaints or claims about the iOS App should be directed to Aniel Reyes, doing business as MinDrop, at [email protected].
• Third-party terms. You must comply with applicable third-party terms of agreement when using the iOS App (for example your wireless data service agreement).
• U.S. government end users. The iOS App and related documentation are “Commercial Items” and “Commercial Computer Software” as defined in 48 C.F.R. § 2.101, licensed to U.S. government end users only as commercial items and with only those rights granted to all other users under these Terms.
• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Your use of the iOS App is also subject to Apple's Media Services Terms and Conditions. MeetDrop for Mac, when downloaded directly from MinDrop rather than the App Store, is governed by these Terms only.

23. Google Play

If you download a MinDrop app from Google Play, these Terms are between you and MinDrop only, not Google LLC (“Google”). Google is not responsible for the app, its content, maintenance, support or warranties, or for any claims relating to it. Your use of Google Play is subject to the Google Play Terms of Service, and any purchase made through Google Play is subject to Google Play's payment and refund policies. If these Terms conflict with the Google Play Terms of Service with respect to your use of Google Play, the Google Play terms control for that conflict only.

24. Changes to these Terms

We may update these Terms from time to time, for example to reflect new features, changes in providers or changes in law. Each version has a version number and a “Last updated” date at the top of this page. If we make material changes, we will notify you before they take effect, in the app (for example with a “We updated our Terms” notice you can review and accept) or by email, and we will record when you accept. Unless the notice says otherwise, changes take effect 14 days after notice, except that changes required by law or that address new features take effect immediately. If you don't agree to the changes, stop using the Service and delete your account before they take effect; continuing to use the Service after that date means you accept the updated Terms. Changes to section 20 will not apply to any dispute of which we had actual notice before the change.

25. General

Entire agreement. These Terms, together with the Privacy Policy and any additional terms shown to you for a specific feature, are the entire agreement between you and MinDrop about the Service and supersede any prior agreements on that subject. Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign them, including in connection with a merger, acquisition, reorganization or sale of assets, with notice to you. Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemics, war, terrorism, labor disputes, government action, and failures of the internet, utilities, carriers or service providers. Relationship. No agency, partnership, joint venture or employment relationship is created by these Terms. Notices. We may send notices to the email address on your account or in the app; you may send notices to us as described in section 26. Electronic communications. You consent to receive agreements, notices and other communications electronically and agree that they satisfy any legal requirement that such communications be in writing. Headings are for convenience only, and “including” means “including without limitation”. Language. These Terms are written in English; any translation is for convenience only, and the English version controls to the extent permitted by law. California users: under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

26. Contact

Aniel Reyes, a sole proprietor doing business as MinDrop
Florida, United States
Email: [email protected]