This is the privacy policy of ThinkBuzan (hereinafter referred to as "ThinkBuzan"). ThinkBuzan is a trading name of OpenGenius Limited. At ThinkBuzan, your privacy is important to us and ThinkBuzan does not sell, publish or share any information about our customers unless given express permission to do so.
The privacy policy applies only to personal data as defined in s.1 of the 1998 Data Protection Act ("personal information" or "information") and not other types of business or general information. The policy tells you who we are, how we collect personal information about you through this website, what we intend to use that information for and how we keep it secure.
Please read the policy carefully.
Further information about privacy and data protection issues including the online Register of Data Controllers can be found at the Information Commissioner's Office.
We are ThinkBuzan, a trading name of OpenGenius Limited, a company registered in England and Wales - No. 0565341. Our registered office is at:
ThinkBuzan
Tec Marina
Terra Nova Way
Penarth
United Kingdom
CF64 1SA
Email: customersupport@ThinkBuzan.com
Please see our contact section for more information.
To opt-out of any communications we send, you can either click the 'unsubscribe' link at the top of any account emails or marketing email newsletters, or send an email to optout@ThinkBuzan.com to let us know you want to opt-out.
A cookie is a small text file which is transferred from a website and stored on your computer's hard drive. It enables a website to "remember" who you are.
Cookies are used for authentication, tracking, and maintaining user-specific information (preferences, shopping cart, etc.) and often contain a unique and anonymous identifier.
Browsers only allow web sites to interact with their own cookies, not those from other web sites. The settings in your browser allow you to accept or decline cookies depending upon your preferences.
A web beacon is a small transparent gif image that is embedded in an HTML page or email used to track when the page or email has been viewed.
This website uses Google Analytics; a web analytics service provided by Google, Inc. ("Google"). The Google Analytics service collects information on the page you have visited and helps us to improve our services to you. No data which is collected through this service is personally identifiable. You can find out more about this service at http://www.google.com/analytics. Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address which we do not link to any personally identifiable information) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing other services to us relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Websites offered by ThinkBuzan may include social media features, such as the Facebook Like button and widgets, such as the Share this button. These features may collect your IP address and the page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are governed by the privacy policy of the company providing it.
We collect information about you that you provide when you register to use the online resources or software through completion of online forms. We collect information about you if you complete any of the various forms on our site to contact us, make enquiries, order products and services, apply to us and give us feedback.
We need you to give us certain information, which will be indicated on the form you are required to complete in order to place an order. It would help us if you give us any other information that you think will be relevant but you are under no obligation to do so.
We may also collect information when you contacting us by other methods other than the website. The website provides various telephone and fax numbers and email addresses for you to contact us. We may collect information from you that you provide through any of these methods.
We may also collect other information you supply to us after your initial contact with us.
We will keep your information secure by taking appropriate technical and organisational measures against its unauthorised or unlawful processing and against its accidental loss, destruction or damage. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. When you enter sensitive information (such as a credit card number to purchase ThinkBuzan products and services), we encrypt such information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
If you buy software or services from us, we will use your information to fulfil your order and to provide you with the software or service you have requested.
If you register for an iMindMap account, we will use your information to provide those account services to you.
When you register with us or buy from us, we will also use your information for marketing purposes. For example, you may receive email newsletters. There is an option to unsubscribe from these.
If you do not object, we may use the information we hold on you to contact you for feedback on your use of our software and/or services and/or website.
We may use aggregated data about users of our site, sales patterns and other statistical data to improve our site, but it will not be possible to identify individuals from that aggregated data.
To request the information ThinkBuzan has stored about you, which is your right as listed under Section 7 (1) the Data Protection Act 1998 as a Subject Access Request, you must put this request into writing, and send to ThinkBuzan, Tec Marina, Terra Nova Way, Penarth, CF64 1SA, United Kingdom. You must also provide ThinkBuzan with a £10 fee (as cited by the Data Protection Act).
ThinkBuzan reserves the right to amend or modify the policies on this page at any time for any reason without notice. This Privacy Policy may change as new features are added to our website or to any of our products and services. If we decide to change our Privacy Policy, we will post these changes to our Privacy Policy on our website.
Unless otherwise indicated, www.thinkbuzan.com and app.imindmap.com and their content are property of ThinkBuzan. The software and services provided by ThinkBuzan are at all times subject to these terms and conditions in conjunction with the End User License Agreement supplied with any software purchased. By registering your iMindMap account (previously known as 'ThinkBuzan Account') and/or using our software or services, you confirm your acceptance of, and agree to be bound by, these term and conditions. These terms and conditions together with the End User License Agreement included with your software (provided either electronically or on paper) shall constitute the agreement between you and ThinkBuzan ("this Agreement").
This Agreement takes effect on the date on which you order our software or services.
You warrant that the name, address and payment information that you provide when you place your order with ThinkBuzan is correct and you agree to notify ThinkBuzan of any changes in the name, address and/or payment details. You agree that ThinkBuzan may disclose your name and address where there is any complaint about the software or services advertised by ThinkBuzan. You warrant that you possess the legal right and ability to enter into this Agreement and to use ThinkBuzan software or services in accordance with this Agreement.
You warrant the accuracy, truthfulness and reliability of any information (including, where applicable, statements of opinion or advice) which you supply. You warrant that you are authorised to promote and/or provide any information which you promote and/or provide. You agree to keep secure confidential information relating to your account and services provided to you by ThinkBuzan. You are entirely responsible for any civil or criminal liability that is incurred as a result of your use of our software or services. You accept that you will agree to any End User License Agreement supplied with the software.
ThinkBuzan may terminate its services to you at any time, upon thirty (30) days' notice. Where ThinkBuzan terminates the agreement in reliance upon your breach of Agreement, or you terminate the agreement, you will not be entitled to any refund of any unused part of your payment for software or services. ThinkBuzan expressly reserves the right to terminate or suspend its services offered under this agreement, without prior notice should you fail to comply with clause 3 of these Terms and Conditions or should ThinkBuzan deem such action necessary where legal proceedings are threatened or issued. ThinkBuzan will confirm such termination or suspension by subsequent notice. You will not be entitled to any compensation whatsoever in the circumstances of termination and ThinkBuzan shall not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances.
You agree to pay all charges for your use of our software or services without any set-off or other deduction. You agree to pay all charges according to the timescales detailed on any supplied advanced payment forms or invoices. Prices are subject to change at any time by giving you a minimum of one month prior notice.
It is not warranted that any software supplied by ThinkBuzan will meet your requirements or that its operation will be uninterrupted or error free. ThinkBuzan exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
ThinkBuzan warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where ThinkBuzan supplies any goods supplied by a third party, ThinkBuzan does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to ThinkBuzan. Except in respect of death or personal injury caused by ThinkBuzan's negligence, ThinkBuzan shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by ThinkBuzan's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by ThinkBuzan. If taking legal action, all action against ThinkBuzan must be sought through the U.K courts and legal system. ThinkBuzan shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by ThinkBuzan as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. ThinkBuzan when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that ThinkBuzan are deemed liable to you for breach of this Agreement, you agree that ThinkBuzan's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release ThinkBuzan from any and all obligations, liabilities and claims in excess of this limitation.
You agree to indemnify ThinkBuzan from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon your use of ThinkBuzan's software or services, including but not limited to any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever. ThinkBuzan will notify you promptly of any claim for which ThinkBuzan seeks indemnification at the currently supplied address. ThinkBuzan will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to ThinkBuzan's interests, as reasonably determined by ThinkBuzan and/or its lawyers.
Any notice, request or other communication to either party by the other under this Agreement shall be given by email, fax or conventional mail and shall be confirmed by conventional mail.
You shall not assign this Agreement or any benefits or interests arising under this Agreement without ThinkBuzan's prior written permission, such not to be unreasonably withheld.
The ownership of marketing materials, any software or electronic media, methodologies, strategies, research and designs shall remain with ThinkBuzan. ThinkBuzan reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies and techniques acquired or used in performing its duties under this Agreement.
This Agreement is governed by the laws of England and Wales. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ThinkBuzan as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of ThinkBuzan. You agree that ThinkBuzan will not be liable by reason of any representation, act or omission to act by you. ThinkBuzan's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of ThinkBuzan's right to comply with law enforcement requests or requirements relating to your use of ThinkBuzan or information provided to or gathered by ThinkBuzan with respect to such use.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice). This Agreement constitutes the entire agreement between ThinkBuzan and you with respect to your use of services, software and/or goods provided by ThinkBuzan, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between ThinkBuzan and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. The address for communication to ThinkBuzan by conventional mail unless you are otherwise notified shall be:
ThinkBuzan
Tec Marina
Terra Nova Way
Penarth
CF64 1SA
The telephone number shall be +44 (0) 20 71 177 173
The facsimile number shall be +44 (0) 20 71 174 887
ThinkBuzan owns the copyright, trade mark, trade names, patents and other intellectual property rights subsisting in or used in connection with iMindMap desktop, mobile or web applications, including all documentation and manuals and all other copies which you are authorised to make by this agreement.
This is a legal agreement between "You" (either an individual or single legal entity) and ThinkBuzan governing the use of iMindMap.
The License Agreement is devised around this main License category:
"Time Sensitive" License (including but not exclusive of evaluation / trial).
It is unlawful to use iMindMap without an account. ThinkBuzan are willing to allow you to use iMindMap only on the condition that you accept all the terms contained in these Terms of Service. Please read the Terms of Service carefully before activating your account. By activating your account you agree to be bound by the terms of this agreement. If you do not agree with these terms and conditions ThinkBuzan re unwilling to allow you to use iMindMap, and you should not activate your account.
In consideration of your agreement to the terms of this Agreement, we grant You a non-exclusive right to use iMindMap in accordance with clause 2 below. This License is personal to you as the iMindMap account holder and is for your benefit only. If You are an individual acquiring iMindMap for use at home or your office, the License terms apply to You. If you are a business, commercial entity or government agency, the terms of iMindMap apply to your current employees. If You are an educational institution, the iMindMap terms apply to the faculty and teaching staff employed by You and registered students enrolled at a site operated by You.
You are granted a License to use iMindMap for a set time period as stipulated by your account, subject to the terms, fees, conditions, restrictions, and limitations contained herein and on the applicable iMindMap website. As the account holder, You may use iMindMap on any internet connected computer or supported mobile device, using the iMindMap desktop, web or mobile applications.
iMindMap Registered Users can opt for paid membership.
Details about the applicable fees are set forth on the iMindMap website under "http://www.ThinkBuzan.com/products/buy". The fees listed are binding. Payments for the iMindMap Freedom subscription shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If ThinkBuzan is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. ThinkBuzan may deliver invoices to the User for iMindMap Freedom subscription via email.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the iMindMap applications. ThinkBuzan shall nonetheless endeavour to keep iMindMap applications available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond ThinkBuzan's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided in iMindMap applications.
Users must register prior to using iMindMap.
The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to ThinkBuzan without undue delay.
The User shall choose a password upon registration. The User is obliged to keep this password secret. ThinkBuzan shall not disclose the password to any third party and ThinkBuzan shall not ask for the User's password at any time.
By completing the registration process, the User consents to enter the agreement to use the iMindMap services. ThinkBuzan accepts this offer by activating the account for the use of iMindMap services. The agreement takes effect with the aforementioned acceptance by ThinkBuzan.
Each User is entitled to register for iMindMap only once.
Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or ThinkBuzan personnel or other companies
Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors
Unreasonably annoy (particularly with spam) any other user.
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
Employing any mechanisms, software or scripts when using iMindMap. Blocking, overwriting, modifying and copying of any contents of the iMindMap applications or websites, unless said actions are necessary for the proper use of the iMindMap services.
Distributing or publicly disclosing the contents of any of the iMindMap applications or websites or any other user.
Performing any actions which may impair the operability of iMindMap's infrastructure, particularly actions which may overload said infrastructure.
To give all users optimum service, we have a Fair Usage Policy covering file storage size. ThinkBuzan reserve the rights to terminate an iMindMap account if this is abused.
ThinkBuzan reserves the right to modify the services offered in iMindMap applications and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.
The User may terminate the free iMindMap account at any time without cause. The User may deliver notice of termination using the contact form available on www.ThinkBuzan.com at any time. The termination notice shall include the User's registered name and email address.
The User may terminate their iMindMap Freedom subscription before the end of its termination period and claim reimbursement of any advance payments if they are experiencing a technical problem with iMindMap, confirmed by ThinkBuzan personnel, which ThinkBuzan are unable to resolve or fix in future updates.
ThinkBuzan may terminate the iMindMap Freedom subscription at any time with good cause.
A good cause is defined as an event which makes it unacceptable for ThinkBuzan to continue the agreement to the end of the User's subscribed period, taking into account all circumstances of the individual case and weighing the interests of ThinkBuzan against the User's. A good cause includes any the following events:
If the User fails to comply with any applicable legal provisions;
If the User breaches a contractual obligation, in particular an obligation set forth in sections 3 and 4 of these Terms of Service;
If the reputation of the iMindMap services is substantially impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);
If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
If the User causes harm to any other user(s).
In the event of a good cause in accordance with this section and notwithstanding ThinkBuzan's right to terminate the contract in accordance with this section, ThinkBuzan is entitled to delete the contents posted by the User, issue a warning or block the User's access to the iMindMap services.
In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:
If ThinkBuzan has terminated the contract for good cause pursuant to section 7,
If ThinkBuzan has blocked the User's access in accordance with section 4, or
If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to ThinkBuzan.
ThinkBuzan does not make any warranties or representations regarding any data and/or information provided or made available by any user in any of the iMindMap applications or on any external websites linked to them. In particular, ThinkBuzan does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
The User may report any activities of any other user which violate applicable laws and/or any of these Terms of Service using the contact form available at www.ThinkBuzan.com.
Except for material that we license to you, we do not claim ownership of the content you provide on the service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the service.
You control who may access your content. If you share content in public areas of the service or in shared areas available to others you've chosen, then you agree that anyone you've shared content with may use that content. When you give others access to your content on the service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by ThinkBuzan. If you don't want others to have those rights, do not use the service to share your content.
You understand that ThinkBuzan may need, and you hereby grant ThinkBuzan the right, to use, modify, adapt, reproduce, distribute, and display content posted on the service solely to the extent necessary to provide the service.
Please respect the rights of artists, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you are breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content does not violate any law. You also agree that you have obtained the consent of any third party to use their personal data, if it is included in that content, and will comply with data-protection laws when doing so. We won't pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the service at any time if you breach this contract or if we cancel or suspend the service.
The User shall indemnify and exempt ThinkBuzan from all actions, including damage claims, asserted by other users or third parties against ThinkBuzan resulting from an infringement of their rights by the contents posted by the User in iMindMap applications. Furthermore, the User shall indemnify and exempt ThinkBuzan from all actions, including damage claims, asserted by other users or third parties against ThinkBuzan resulting from an infringement of their rights regarding the use of the iMindMap services. The User assumes all reasonable costs ThinkBuzan incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by ThinkBuzan, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at ThinkBuzan's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using iMindMap, the User shall discontinue such use that violates these Terms of Service and the law, if so requested by ThinkBuzan.
IMPORTANT - READ CAREFULLY PRIOR TO ACCEPTING THE AGREEMENT
ThinkBuzan (a trading name of OpenGenius Limited) owns the copyright, trade mark, trade names, patents and other intellectual property rights subsisting in or used in connection with the enclosed software including all documentation and manuals and all other copies which you are authorised to make by this agreement.
This is a legal agreement between "You" (either an individual or single legal entity) and ThinkBuzan governing the use of the Software that accompanies these license terms ('the Software'). By installing the enclosed Software on your computer, you agree to the terms of this Agreement. If you do not agree to these terms, prior to loading the Software on your computer, you should not install the Software onto any computer.
The License Agreement is devised around three different main License categories:
'Perpetual Use' License - the exact type of Perpetual license will be fully referenced on your confirmation of payment / order invoice (whether electronic or paper based).
'Time Sensitive' Licenses (including but not exclusive of evaluation / trial).
'Non-commercial' License.
It is unlawful to load the Software into a computer without a License. ThinkBuzan are willing to License the Software to you only on the condition that you accept all the terms contained in this License agreement. Please read this License agreement carefully before installing the Software on any computer. By installing the Software you agree to be bound by the terms of this agreement. If you do not agree with these terms and conditions ThinkBuzan are unwilling to license the Software to you, and you should not install the Software.
In consideration of your agreement to the terms of this Agreement, we grant You a non-exclusive right to use the Software in accordance with clause 2 below. This License is personal to you as the purchaser of the Software and is for your benefit only. If You are an individual acquiring the Software for use at home or your office, the License terms apply to You. If are a business, commercial entity or government agency, the terms of the License apply to your current employees. If You are an educational institution, the License terms apply to the faculty and teaching staff employed by You and registered students enrolled at a site operated by You.
You are granted a License to use this Software in perpetuity, subject to the terms, fees, conditions, restrictions, and limitations contained herein and on the applicable ThinkBuzan website. As the Licensee, You may install and use the Software on any compatible computer, even if attached to a network. You are permitted to load the Software onto the number of computers as specified on the purchased license file. If you have purchased a Multiple User License, you may install the Software on additional computers or a network server, so long as the number of authorised users does not exceed the number of Licenses purchased. ThinkBuzan will provide technical support to Registered Users for a minimum of 12 months following the purchase of the License and as per the stipulated Support Conditions as listed on www.ThinkBuzan.com.
You are granted a License to use this Software for a set time period as stipulated by the License File, subject to the terms, fees, conditions, restrictions, and limitations contained herein and on the applicable ThinkBuzan website. As the Licensee, You may install and use the Software on any one compatible computer, even if attached to a network. ThinkBuzan will provide technical support to Registered Users for the duration of the set time period and as per the stipulated Support Conditions as listed on www.ThinkBuzan.com.
You are permitted to use the Software for home, academic, non-profit, or government-sponsored research purposes. Use of the Software under this License is restricted to non-commercial purposes. Commercial use of the Software requires an either Perpetual or Time Limited license.
As purchaser of an authorised Perpetual License of the Software, you may, subject to the following conditions:
2.1 Install and use the Software and Manuals (where available) in connection with a single computer;
2.2 Load the Software onto the number of computers as specified on the purchased license file;
2.3 Install and use the Software on a network, provided that You have purchased a License for the number of users that will access the Software over that network. You may concurrently use the number of copies of the Software authorised by your purchase. To run the Software on more computers, machines, networks or servers, You must obtain additional Licenses;
2.4 Transfer the Software from one computer to another provided that the Software is used on only one computer at a time (or the number of computers specified on the purchased license file);
2.5 Copy the Software for back-up and archival purposes and make up to two copies of the documentation (if any) accompanying the Software, provided that the original and each copy is kept in your possession and labelled and that your installation and use of the Software does not exceed that allowed by this Agreement;
2.6 Transfer the Software, on a permanent basis only, to another person by transferring all copies of the Software to that person and/or destroying copies not transferred. The other person must agree to the terms of this Agreement and on such a permanent transfer, the License of the Software to you will automatically terminate.
You may not nor permit others to:
Load the Software onto more computers than specified on the purchased license file.
You may not nor permit others to:
Load the Software ioto more than one computer. A Single User License entitles You to install the software on a maximum of one computer which is under your control.
You may not nor permit others to:
3.3.1 Use the Software for commercial purposes.
3.3.2 Load the Software onto more than one computer. A Single User License entitles You to install the software on a maximum of one computer which is under your control.
You may not nor permit others to:
3.4.1 Sub-License, assign, rent, lease or transfer the license or the Software or make or distribute copies of the Software except as permitted by this Agreement;
3.4.2 Translate, decompile, disassemble, modify or create derivative works based on the Software except as permitted by law;
3.4.3 Make copies of the Software, in whole or part, except for back-up or archival purposes as permitted in this license;
3.4.4 Use any back-up copy of the Software for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective;
3.3.5 Copy the written materials (except as provided by this Agreement) accompanying the Software;
3.4.6 Adapt, modify, delete or translate the written material accompanying the Software in any way for any purpose whatsoever;
3.4.7 Vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software.
You undertake to:
4.1 Ensure that, prior to use of the Software by your employees or agents, all such parties are notified of this license and the terms of this Agreement;
4.2 Reproduce and include our copyright notice (or such other party's copyright notice as specified on the Software) on all and any copies of the Software, including any partial copies of the Software;
4.3 Hold all drawings, images, specifications, data (including object and source codes), software listings and all other information relating to the Software, confidential and not at any time, during this License or after its expiry, disclose the same, whether directly or indirectly, to any third party without our consent.
As Licensee you own only the medium on which the Software is recorded or fixed. You may retain the media on termination of this Agreement provided the Software is erased. ThinkBuzan shall at all times retain ownership of the Software.
Subject to clause 6.2, ThinkBuzan warrants that for a period of 90 days from the date of your purchase of the Software ('the Warranty Period'):
6.1 The medium on which the Software is recorded (if supplied by ThinkBuzan) will be free from defects in materials and workmanship under normal use. If the medium fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain (at the option of ThinkBuzan) a replacement free of charge during the warranty period with a dated proof of purchase.
6.2 The copy of the Software in this package will materially conform to the documentation that accompanies the Software. If the Software fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the Software and the documentation to ThinkBuzan (or to your supplier) during the warranty period, along with dated proof of purchase, specifying the problem, and you will be provided with a new version of the Software or a full refund (at the discretion of ThinkBuzan)
6.3 ThinkBuzan shall not be liable under the warranties given in clause 6.1 above if the medium or the Software fails to operate in accordance with the said warranty as a result of any modification, variation, or addition to the Software not performed by us or caused by any abuse, corruption or incorrect use of the medium or Software, including use of the Software with equipment or other software which is incompatible.
It is not warranted that this Software will meet your requirements or that its operation will be uninterrupted or error free. ThinkBuzan exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
8.1 Liability to you for any losses shall not exceed the amount you originally paid for the Software.
8.2 In no event will ThinkBuzan be liable to you for any indirect or consequential damages, or loss of profit, when using the Software, even after being advised of the possibility of such damages. In particular, no liability is accepted for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
8.3 Nothing in this Agreement limits liability for fraudulent misrepresentation or liability to you in the event of death or personal injury resulting from ThinkBuzan negligence.
8.4 You acknowledge and agree that the limitations contained in this clause are reasonable in the light of all the circumstances.
Except for material that we license to you, we do not claim ownership of the content you provide on the iMindMap service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the service.
You control who may access your content. If you share content in public areas of the service or in shared areas available to others you've chosen, then you agree that anyone you've shared content with may use that content. When you give others access to your content on the service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by ThinkBuzan. If you don't want others to have those rights, do not use the service to share your content.
You understand that ThinkBuzan may need, and you hereby grant ThinkBuzan the right, to use, modify, adapt, reproduce, distribute, and display content posted on the service solely to the extent necessary to provide the service.
Please respect the rights of artists, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you are breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content does not violate any law. You also agree that you have obtained the consent of any third party to use their personal data, if it is included in that content, and will comply with data-protection laws when doing so. We won't pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the service at any time if you breach this contract or if we cancel or suspend the service.
10.1 The Agreement and the License granted to use the Software automatically terminates if you:
10.1.1 Fail to comply with any provisions of this Agreement;
10.1.2 Destroy the copies of the Software in your possession;
10.1.3 Voluntarily return the Software to us.
10.2 In the event of termination in accordance with clause 9.1 you must destroy or delete all copies of the Software from all storage media in your control.
ThinkBuzan offers a free trial of iMindMap to all users for evaluation purposes. This offers a "try-before-you-buy" version to ensure that it is compatible with your computer systems and it satisfies all of your requirements before purchasing a full version.
If you experience any problems with our software, please submit a request through our Technical Support Form.
All sales are final and refunds are provided only for accidental duplicate orders. Refunds will only be made to the debit card, credit card or PayPal account through which the original purchase was made.
Ordering a software license signifies your acceptance of this Refund Policy.
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or ThinkBuzan from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at the discretion of ThinkBuzan, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
You have read and understand this Agreement and agree that it constitutes the complete and exclusive statement of the Agreement respect to the subject matter of this Agreement.
This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without prior written consent from ThinkBuzan.
Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this License nor prejudice that party's right to take subsequent action.
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.
ThinkBuzan
Tec Marina
Terra Nova Way
Penarth
CF64 1SA
Telephone: +44 (0) 20 71 177 173
Facsimile: +44 (0) 20 71 174 887
We offer a free trial of iMindMap desktop, mobile and web apps to all users for evaluation purposes. This offers a "try-before-you-buy" version to ensure that it is compatible with your computer systems and it satisfies all of your requirements before purchasing a full version. Please make sure you have given iMindMap a test run before buying and have chosen the correct edition for your needs.
By agreeing to these terms you acknowledge that once your iMindMap order process is complete - thereby agreeing to the immediate provision of the product - your 14 day cancellation period and refund right will be lost.
All sales are final and refunds are provided only if you are experiencing a technical problem with iMindMap which we are unable to resolve or fix in future updates, or if you have purchased a duplicate copy of iMindMap in error. Refunds will only be made to the debit card, credit card or PayPal account through which the original purchase was made.
Ordering a software license signifies your acceptance of this Refund Policy.
If you experience any problems with our software, please submit a request through our Technical Support Form.
If you are not 100% satisfied with your purchase of a book, DVD or collection from ThinkBuzan, you can either return your order for a full refund of the item cost or exchange it for something else. You can return or exchange your purchase for up to 28 days from the purchase date.
Returned or exchanged products must be sent back to ThinkBuzan in an unused, resalable condition, and in the original box and/or packaging, before a refund is issued or replacement product dispatched. Please note that postage and packing charges are non-refundable and additional postage and packing charges may apply if you are exchanging the product for something else.
If you would like a refund or exchange on a book, DVD or collection, please email us at support@thinkbuzan.com with a copy of the payment confirmation email we sent you when you purchased the product and we can process this for you.
If you order iMindMap Ultimate Plus, your software license will be emailed to you immediately and we will aim to get your Plus pack of books & DVDs to you within 14 working days. This is sent via Royal Mail.
If you have ordered iMindMap Ultimate Plus and not received the package of books and DVDs, please contact us at sales@thinkbuzan.com within 60 days of your original order to make us aware.
ThinkBuzan will then send you another iMindMap Ultimate Plus pack of books & DVDs and will cover the shipping costs, unless:
In any of the 3 scenarios listed above, you would be eligible for covering any additional costs in sending another Plus pack of books & DVDs.