Terms PRO

mindburp’s terms and conditions for use of PRO accounts

Valid from: 28 May 2022

Thank you for choosing mindburp PRO!

These general terms and conditions apply to the mindburp service (the These general terms and conditions for mindburp PRO apply when Burp Empire AB, corp ID no. 556743-2470 (“Burp Empire”, “we”, “us” or “our”) provides its digital subscription service mindburp PRO (the “Service”) to you as a private individual (“Customer” or “you”). The Customer enters into a binding agreement with Burp Empire that includes these general terms and conditions (the “Agreement”).
Burp Empire and the Customer are hereinafter referred to collectively as the “Parties” and individually as a “Party”.

Please note that this Agreement refers to a paid version of the Service, which is an extended version of the free version of mindburp.

The current version of these terms and conditions for use is available at all times on mindburp’s website at https://support.mindburp.se/terms-pro/.

Users of the Service

In order to be eligible to enter into this Agreement and create a user account with Burp Empire, you must be at least 18 years of age and/or be authorised to enter into agreements in accordance with the national law of the place where the Service is made available to you. Furthermore, you must provide Burp Empire with accurate information, including contact details and a valid payment method, when entering into this Agreement and creating a user account.

Features and operational compatibility of the Service

Main features: mindburp PRO is a digital online service provided to consumers in subscription form on the internet. Mindburp PRO enables you to create lists, burps, set alarms, share lists with friends and receive reminders in order to structure and keep track of your “mindburps”.

Language: Swedish / English

Access type: internet access.

Updates: regular updates to improve stability and operation.

Internet connection: required for use of the Service.

Tracking: we process information on your use of the product in order to further develop the Service.

Reminders: you can choose to turn on reminders via email, web push or “in-app”.

Geographical restriction: none.

Other restrictions: Javascript needs to be turned on in your browser for you to be able to use the service.

Operational compatibility with hardware and software: can be used via PC, Mac, smartphones and tablets.

Technical protection measures: We and our partners use access protection, filtering and encryption in order to secure your content in our service.

Granting of rights

All rights relating to the Service, software for the Service and the contents of the Service, including copyright, trademark rights and all other intellectual property rights relating to the development of the Service and its software, compilation of the contents of the Service and individual materials in the Service, are owned by Burp Empire with full right of ownership and free right of disposal. “Content” does not mean content that a Customer uploads and stores in the Service (see "Your content in our service" below).

As a Customer, you receive a limited, non-exclusive, non-transferable revocable license to use the Service for private purposes (“Licence”). You may not copy, modify, distribute, sell or rent out any part of our Service or the software included in it and nor may you decompile or attempt to extract source code from software, unless legislation does not prohibit such restrictions or you have our consent in writing.

The Customer agrees not to use the Service and its contents for purposes other than those specified in the Agreement and, in particular, not to use it for commercial purposes without Burp Empire’s consent in writing. The user account is personal and may not be used by, transferred to or shared with a person other than the Customer.

Burp Empire’s Service may display certain logos, trademarks or trademark materials that are not owned by Burp Empire. For content of this type, the full liability rests with the entity that makes it available.

Your content in our Service

Our Service allows you to upload, download and store content, including but not limited to information, text, files or other materials (“Content”). You retain ownership of any intellectual property rights to this Content that you may have. When you upload, store, send or receive Content to or through our Service, you grant Burp Empire and its partners permission to store, upload and download that Content on your behalf for the purpose of providing the Service, restricted to you and your use of the Content. We reserve the right, but are under no obligation, to remove or refuse to distribute any Content whatsoever through the Service, including your Content, at any time.

When you downgrade to the free version of mindburp, this Agreement ceases to apply and your existing content and users are moved to the free version (see “Downgrading to the free mindburp service”).

Software in our Service

When the Service requires or includes downloadable software, the software may be updated automatically on your device as soon as new features become available to you. Some platforms may allow you to adjust your automatic update settings.

API

You have access to your Service's data through the application programming interface ("API"). By using the API, you are automatically obliged to comply with the Agreement.

Maintenance and updates

Burp Empire is entitled to close down the Service, completely or partially, during the term of the agreement in order to carry out updates, maintenance or other similar actions. Burp Empire will as far as possible inform Customers before maintenance and updates take place.

Use of our Service

You must comply with the policies that are available in the Service. You may only use our Service in accordance with this Agreement and applicable law. Burp Empire may investigate and/or temporarily suspend or terminate our Service to you at any time if we find that your payment for the Service has not gone through or that your use of our Service is in breach of the terms of this Agreement, applicable law and/or our policies.

You may not misuse and/or use our Service improperly, including but not limited to the following:

  • using our Service for any form of illegal purpose or activities;
  • uploading any content to the Service in breach of applicable law, including but not limited to copyright of protected property and publicity laws;
  • sending out unwanted campaigns or advertising mailings;
  • acting in a way that may be perceived as threatening or fraudulent;
  • entering or manipulating the Service's server system;
  • disrupting or destroying access for any of our users, network hosts, or networks;
  • abusing or submitting excessive quantities of requests through the API to the Service.

Burp Empire will determine what constitutes misuse and/or improper use of our Service at its sole discretion.

Upgrading from the free mindburp service

When upgrading from the free mindburp service to mindburp PRO, your existing Content in the free service and your users will be moved to this Service.

Trial period

We may, from time to time, offer trial periods of the Service for a certain period of time, without any requirement for payment or with payment at a reduced price. Burp Empire reserves the right to determine your entitlement to such a trial period and to cancel or change a trial period at any time without notice and without any liability, to the extent permitted in accordance with applicable law.

For trial periods, we may require you to provide your payment details in order to start the Service. By providing those details, you accept that we will automatically start charging you for the paid Service at the selected payment interval from the first day after the trial period ends. You will thereafter be charged for the Service at the selected payment interval in accordance with this Agreement (see “Cost and payment”). 

A reduced fee will initially be charged for trial period/s at a reduced price. When the trial period ends, we will charge you for the paid Service in accordance with this Agreement from the end of the trial period at the selected payment interval and without any reduction in the price (see “Cost and payment”).

If you have provided payment details and do not wish to pay a fee, you must terminate the Agreement before the trial period ends. In order to terminate a trial period for the Service, see the section below entitled “Term of the Agreement and termination of the Agreement”.

Cost and payment

You will be charged with the amount shown on the Plans Page before you can access mindburp PRO. All prices shown on the Plans Page are including any applicable sales taxes (except prices in USD where any applicable sales taxes are not included).

The Agreement runs until further notice. We offer the following payment methods for the Service in partnership with Stripe Inc.: recurring charge on a credit card/debit card.

By entering into this Agreement, you agree to allow Burp Empire, through its payment solution partner, Stripe Inc., to issue a recurring charge on the Customer’s specified credit card/debit card on the charge date specified in the user account. Charging takes place in advance every month or per year until the Customer terminates the Service giving one (1) month’s notice or when charging cannot take place. For new Customers, charging takes place immediately upon signing this Agreement or, if you use a trial period for which you have provided payment details, when the trial period ends unless you have terminated the Agreement before then. If you wish to change credit card/debit card details, you can change them afterwards in “My account”.

If you have chosen to pay with a credit card, Burp Empire and its third party providers, including its payment solution partners, may seek prior approval in order to confirm that the card is valid and has sufficient credit to cover the Customer’s purchases.

Access to the service

The Service can be provided from the date when this Agreement is entered into or on the date when a trial period commences, provided that the Customer has:

  1. registered a user account and approved these terms and conditions, and
  2. confirmed your e-mail address.
  3. filled in payment details for a selected payment solution, and
  4. we have received payment information and payment functions have been switched on.

Now you can start using your account!
In the case of access problems, please contact Burp Empire by sending an electronic message to support@mindburp.se.

Term of the Agreement and termination of the Agreement

This Agreement applies from the date when the Agreement is entered into and is valid until further notice. The Customer is entitled to terminate the Agreement at any time giving one (1) month’s notice. In the event of termination due to changes or additions to the Agreement or the functionality of the Service that are of substantial importance to the Customer, this Agreement ceases immediately and a refund will be granted for an amount equivalent to the cost of the Service for the remaining term of the Agreement. The provision of the Service and this Agreement will cease immediately upon termination of a trial period. This Agreement can be terminated by sending an email to support@mindburp.se or directly by the Customer in ”My account” in the Service. Instructions for termination are given below:

  1. Select ”My Account - PRO” in user menu
  2. Scroll down to the ”Subscription” section
  3. Select ”Cancel”

When terminating this Agreement, you will be downgraded to the free mindburp service (see “Downgrade to the free mindburp service”). 

Burp Empire reserves the right to terminate the Service, giving notice in writing to the Customer, by closing the user account and terminating the Agreement with immediate effect if the payment for the Service did not go through or if a Customer is in breach of its obligations under the Agreement or any statute, decision by a public authority, policies or instructions issued. No refund of costs paid so far is granted in these cases.

Downgrade to the free mindburp service

You have the option of downgrading to the free version of mindburp. To be able to downgrade, you must terminate this Agreement and approve the terms and conditions for the free version. If you have terminated this Agreement and approved the terms and conditions for the free version, your existing Content and users will be moved to the free version when this Agreement ceases.

Right to a cooling off period

The Customer is entitled to withdraw from this Agreement, regardless of the reason, by exercising his or her right to a cooling off period within fourteen (14) days. The cooling off period begins on the day on which the Customer approves the Agreement. In order to exercise the right to a cooling off period, you, the Customer, must send a clear notice to Burp Empire by mail, e-mail or telephone (see the contact details below) stating that, as the Customer, you have decided to withdraw from the Agreement. You can also use the Swedish Consumer Agency’s withdrawal form: https://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett. 

When the right to a cooling off period is exercised, the amount paid by the Customer/charged is refunded. If the Customer has consented to the commencement of the Service and has agreed that there is no right to a cooling off period once the Service has been completed, a proportion of the price will be deducted for the part of the Service that was partially provided before the Customer exercised the right of withdrawal. A refund will be given without undue delay and in any case no later than fourteen (14) days from the date on which Burp Empire was notified of your decision to lawfully withdraw from the Agreement.

Limitation of liability

The Customer must compensate Burp Empire for any damage, including any claims for damages caused by the fact that the Customer has acted in breach of this Agreement or has otherwise acted negligently in his or her use of the Service.

Burp Empire’s total liability vis-à-vis the Customer, except in cases of gross negligence or intent, is limited to the amount paid by the Customer for the Service during the preceding twelve (12) months. Burp Empire has no liability towards any person other than the Customer (such as a third party).

Burp Empire gives no guarantee that the Service will always work without interruption or will be free from faults. In the event of any defects or interruptions in the Service, Burp Empire must be given the opportunity to rectify those defects or interruptions without any breach of the Agreement being considered to exist. Burp Empire has a right to temporarily suspend the Service in whole or in part, to a reasonable extent, as a result of updates, maintenance or other similar measures.  Burp Empire is also unable to guarantee that, as a Customer, you will achieve your expected or intended objectives by using the Service.

The Customer is responsible him or herself for all equipment required in order to be able to use the Service (computer, software, telecommunications systems, etc.) as well as for communications costs incurred when using the Service.

All content that is downloaded, uploaded and/or otherwise obtained through use of the Service is downloaded, uploaded or obtained at your own risk and at your own discretion and you are solely liable for any damage to your computer equipment or device, including but not limited to laptops, desktop computers, tablets, smartphones and smart watches, or other loss of data as a result of the download or the use of all the aforesaid equipment. 

Privacy protection

Burp Empire cares about its Customers’ privacy. Burp Empire processes your personal data to enable it to provide services and the mindburp PRO application. Burp Empire also processes contact information for marketing purposes in order to manage the customer relationship and provide support. The information is only used internally and by suppliers that process personal data on behalf of Burp Empire.

Read our personal data policy to find out how Burp Empire, as the personal data controller, will process your personal data in accordance with applicable privacy legislation when you register for and use our Service, as well as your rights and how you can exercise them.

We use a third party – Stripe Inc. – to secure Customers’ payments for our services and/or products.  Stripe is an established provider of payment solutions and has been engaged by thousands of companies globally. Stripe provides payment methods, such as credit card payments in exchange for products and/or services, for companies such as Burp Empire AB. All transactions taking place through Stripe are protected by SSL encryption (Secure Socket Layer). Stripe is a “PCI Service Provider Level 1”, which means that they maintain the highest possible level of security in their transactions. All Customers’ credit card data stored at Stripe is encrypted. Stripe is a personal data processor which processes personal data in order to carry out payment transactions on behalf of Burp Empire. Despite that, Stripe may process certain personal data on its own behalf as an independent personal data controller in order to: i) monitor, prevent and detect fraudulent payment transactions and other fraudulent activity, ii) comply with statutory obligations to which Stripe is subject as an operator in the financial sector, iii) improve and develop its services. The processing of personal data in which Stripe is an independent personal data controller is covered by Stripe’s Personal Data Policy and not ours. You are welcome to read more about how Stripe processes your data as an independent personal data controller in their Personal Data Policy at https://stripe.com/privacy-center/legal or to contact Stripe directly at info@stripe.com.

We also use Local Storage to handle log-in. For more information on how we process your personal data using Local Storage, please read our Cookie & Local Storage policy.

Modifications to and termination of our Service

Burp Empire may add or remove functions or features in its normal procedures to improve, modify and/or update the Service. We may also temporarily suspend or close our Service giving at least thirty (30) days’ notice before the final closure of our Service.

Amendments to the terms and conditions for use

Burp Empire may amend existing terms and conditions of the Agreement and/or update these terms and conditions with additional terms and conditions that may apply to the Service. Burp Empire will announce amendments to the Agreement on the website for the Service and via your registered e-mail address no later than thirty (30) days before the amendment takes effect. Burp Empire is entitled to immediately carry out any amendments and additions as a result of any law, regulations or decisions by public authorities. The Customer is entitled to terminate the Service with immediate effect if any amendment or addition is of substantial importance to the Customer (see the section entitled “Term of the Agreement and Termination of the Agreement” in this Agreement).

Assignment

The Customer it is not entitled to assign this Agreement or his or her rights and/or obligations under the Agreement without Burp Empire's consent in writing.

Applicable law and disputes

Disputes that cannot be settled by negotiation between the parties must be settled by the National Board for Consumer Complaints (ARN) or a general court in Sweden. For residents of an EU country other than Sweden, complaints can be submitted online via the European Commission’s dispute mediation platform (https://ec.europa.eu/consumers/odr). The Agreement will be governed by Swedish material law.

Contact information

Burp Empire AB
Address: Kåkbrinken 14,
111 27 Stockholm
Corporate ID no.: 556743-2470
Tel.: 08-337 448
E-mail address: info@mindburp.se