Terms of Service
Last Updated: January 2025
Welcome to Mino. These Terms of Service ("Terms") govern your use of the Mino platform, website, and services (collectively, the "Service") operated by Mino Inc. ("Mino", "we", "us", or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
1. Overview of Service
Mino is a platform that facilitates business relationships between brands ("Brands") and content creators ("Creators"). We provide tools for:
- Deal creation and management
- AI-powered pricing recommendations
- Digital contract generation and e-signatures
- Payment processing and splitting
- Performance tracking
Important: Mino acts solely as a facilitator and technology provider. We are not a party to any agreement between Brands and Creators.
2. Platform Role and Limitations
2.1 Mino as Facilitator
Mino provides the technology infrastructure to connect Brands and Creators. We do not:
- Guarantee that any Creator will deliver content as agreed
- Guarantee that any Brand will make payments as agreed
- Verify the quality, accuracy, or legality of content created
- Endorse or recommend any particular Brand or Creator
- Act as an employer, agent, or representative of either party
2.2 No Guarantees or Insurance
Mino does not provide any insurance, escrow protection, or guarantee of performance. This includes, but is not limited to:
- Non-delivery: If a Creator receives upfront payment and fails to deliver content, Mino is not responsible for recovering those funds
- Non-payment: If a Brand fails to pay for delivered content, Mino is not responsible for collecting payment
- Quality disputes: If parties disagree about content quality or compliance with terms, Mino does not adjudicate disputes
- Fraud or misrepresentation: Mino is not liable for fraudulent conduct by any user
2.3 User Responsibility
Both Brands and Creators are solely responsible for:
- Evaluating the other party before entering agreements
- Fulfilling their obligations under any deal
- Resolving disputes directly with the other party
- Complying with all applicable laws and regulations
3. Accounts and Registration
3.1 Eligibility
You must be at least 18 years old and able to form legally binding contracts to use the Service.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
3.3 Accurate Information
You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
4. Deals and Agreements
4.1 Contract Formation
When a Brand and Creator both sign a deal through Mino, they enter into a binding agreement with each other. Mino is not a party to this agreement.
4.2 Deal Terms
Deal terms are set by the Brand and agreed to by the Creator. Mino provides templates and recommendations but does not dictate or guarantee any terms.
4.3 E-Signatures
Electronic signatures captured through Mino are legally binding under the ESIGN Act and applicable state laws. By signing electronically, you consent to conducting business electronically.
5. Payments
5.1 Payment Processing
Mino uses Stripe to process payments. By using our payment features, you also agree to Stripe's Terms of Service.
5.2 Payment Structure
The standard payment structure is:
- 50% upfront payment upon contract execution
- 50% final payment upon work completion and approval
5.3 Platform Fee
Mino charges a platform fee of 10% on all transactions. This fee is deducted from payments processed through the platform.
5.4 Payment Disputes
Payment disputes between Brands and Creators should be resolved directly between the parties. Mino may provide transaction records upon request but does not mediate payment disputes.
6. Content and Intellectual Property
6.1 Creator Content
Creators retain ownership of their original content unless otherwise specified in a deal agreement.
6.2 License Grants
Deal agreements typically include license grants from Creators to Brands. These licenses are governed by the specific deal terms, not these Terms of Service.
6.3 Platform Content
Mino's name, logo, website design, and platform features are our property and may not be used without permission.
7. Prohibited Conduct
You agree not to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Submit false or misleading information
- Engage in fraud or deceptive practices
- Circumvent platform fees or payment processing
- Harass, threaten, or harm other users
- Attempt to access others' accounts or data
- Interfere with the platform's operation
8. Disclaimers
8.1 "As Is" Service
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 No Warranty of Results
WE DO NOT WARRANT THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS
- THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
- ANY DEALS WILL BE SUCCESSFULLY COMPLETED
- ANY PAYMENTS WILL BE RECEIVED OR MADE
- CONTENT CREATED WILL MEET EXPECTATIONS
9. Limitation of Liability
9.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, OR BUSINESS
- LOSS OF DATA OR CONTENT
- FAILED TRANSACTIONS OR DEALS
- NON-DELIVERY OF SERVICES BY CREATORS
- NON-PAYMENT BY BRANDS
- ANY DAMAGES ARISING FROM DISPUTES BETWEEN USERS
9.2 Liability Cap
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE PLATFORM FEES YOU PAID TO MINO IN THE PAST 12 MONTHS, OR (B) $100.
9.3 Essential Purpose
THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification
You agree to indemnify and hold harmless Mino, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your deals and interactions with other users
- Content you create or submit
11. Dispute Resolution
11.1 Between Users
Disputes between Brands and Creators must be resolved directly between the parties. Mino does not provide mediation or arbitration services.
11.2 With Mino
Any disputes with Mino shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in class actions.
11.3 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
12. Termination
12.1 By You
You may terminate your account at any time by contacting us.
12.2 By Us
We may suspend or terminate your access to the Service at any time, for any reason, without notice.
12.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive.
13. Early Access Disclaimer
Mino is currently in early access/beta. The Service may contain bugs, errors, or incomplete features. We may modify or discontinue features at any time without notice.
14. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on this page and updating the "Last Updated" date.
15. Contact Us
If you have questions about these Terms, please contact us at:
Email: hi@mino.so
By using Mino, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.