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Terms & Conditions

Introduction

www.minotaur.com is a service brought to you by Minotaur LLC. These Terms and Conditions govern all content, services and/or products available on or through our website and applications (collectively, the “Minotaur Services”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE MINOTAUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE MINOTAUR SERVICES.

Entering into these Terms & Conditions with Minotaur

The use of the Minotaur Services is subject to acceptance of these Terms and Conditions. To accept these Terms and Conditions, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age. In the case of a legal entity, the entity must be duly incorporated and in good standing in its jurisdiction of domicile and the person accepting must have the corporate authority to accept these Terms and Conditions.

You may not, without  ’s prior written consent, access the Minotaur Services:

  • for reproduction purposes;
  • if you are a competitor of Minotaur;
  • to monitor the availability, performance or functionality of the Minotaur Services; or
  • for other benchmarking or competitive purposes.

Minotaur can terminate your use of the Minotaur Services for any of the above reasons, or any other reason, or no reason at all, at Minotaur’s sole discretion.

If you accessed Minotaur Services for the reasons stated above, Minotaur may take legal actions for compensations.

Modifications to Terms and Conditions

Minotaur reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Your continued use of the Minotaur Services after such changes have been posted constitutes your binding acceptance of such changes.

Such amended Terms and Conditions will automatically be effective upon the earlier of (i) your continued use of the Minotaur Services, or (ii) 30 days from posting of such modified Terms and Conditions on or through the website.

Using Minotaur services

Establishing an Account. Certain features, functions, parts or elements of the Minotaur Services can be used or accessed only by holders of an account. The person who wishes to create an account must:

  • complete the sign-up form; and
  • accept these Terms and Conditions.
  • Each customer may have only one account. If several persons need to use an account on behalf of customer, the customer must designate such persons as additional users. The Customer and any user associated with an account must provide Minotaur with true, accurate, current, and complete information about the users and keep such information up to date. Each user shall be subject to the restrictions set forth in these Terms and Conditions.
  • If the customer has designated additional users, such users will be deemed to be authorized to act on behalf of the customer when using the account. Minotaur is not responsible for and shall have no liability for verifying the validity of the authorization of any user. If Minotaur is not certain if a user has been granted an authorization, Minotaur may, in its sole discretion, prevent such user from accessing the Minotaur Services.

Logging into an Account

Minotaur shall provide each customer with a username and password to be used to log into its account. These credentials must not be used by multiple persons.

If a customer has designated several users, each user will be provided with separate credentials. The customer and each of its users are responsible for keeping confidential all credentials associated with an account. The customer must promptly notify Minotaur:

  • of any disclosure, loss or unauthorized use of any login credentials;
  • of a user’s departure from the customer’s organization;
  • of a change in a user’s role in the customer’s organization;
  • of any termination of a user’s right for any reason.

Customer Data

If the customer uploads set of data, such data and any processing of such data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the customer data belong to the customer or third persons (including users, persons and organizations) whether posted and/or uploaded by the customer or made available on or through the Minotaur Services by Minotaur. By uploading customer data, customer authorizes Minotaur to process the customer data. The customer is responsible for ensuring that:

  • The customer and any of the users associated with the account do not create, transmit, display or make otherwise available any customer data that violates the terms of these Terms and Conditions, the rights of Minotaur, other customers or users, persons or organizations or is harmful (for example viruses, worms, malware and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful; and
  • The customer and all of the users associated with the account have the necessary rights to use the customer data, including to process it.
  • No Guarantee of Accuracy.

No Guarantee of Accuracy

Minotaur strongly recommends that you think carefully about what you transmit, submit or post to or through the Minotaur Services.

You understand that all information contained in customer data is the sole responsibility of the person from whom such customer data originated.

This means that Customer, and not Minotaur, is entirely responsible for all customer data that is uploaded, posted, transmitted, or otherwise made available through the Minotaur Services.

Unlawful Customer Data

Minotaur is not obliged to pre-screen, monitor or filter any customer data or acts of its processing by the customer in order to discover any unlawful nature therein. However, if such unlawful customer data or the action of its unlawful processing is discovered or brought to the attention of Minotaur or if there is reason to believe that certain customer data is unlawful, Minotaur has the right to:

  • Notify the customer of such unlawful customer data;
  • Deny its publication on the website or application;
  • Demand that the customer bring the unlawful customer data into compliance with these Terms and Conditions and applicable law;
  • Temporarily or permanently remove the unlawful customer data from the website or account, restrict access to it or delete it.
  • In the event Minotaur believes in its sole discretion customer data violates applicable laws, rules or regulations or these Terms and Conditions, Minotaur may remove such customer data at any time with or without notice.

Compelled Disclosure

Minotaur may disclose a customer’s confidential information to the extent compelled by law to do so. In such instance, Minotaur will use commercially reasonable efforts to provide customer with prior notice of the compelled disclosure (to the extent legally permitted) and customer shall provide reasonable assistance, at its cost, if customer wishes to contest the disclosure.

If Minotaur is compelled by law to disclose customer’s confidential information as part of a civil proceeding to which Minotaur is a party, and customer is not contesting the disclosure, customer will reimburse Minotaur for its reasonable cost of compiling and providing secure access to that confidential information.

Services

Use of the Minotaur Services. Subject to these Terms and Conditions, and the payment of the applicable service fee, Minotaur grants customer and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the Minotaur Services to:

  • Collect, store and organize customer data, such as add new persons and organizations, generate reports based on customer data, add products to be offered for sale to persons and organizations; add new users and grant them authorizations, assign activities to a particular user;
  • Modify and delete customer data;
  • Customize the standard features of the Minotaur Services;
  • Receive reasonable help and guidance and from Minotaur regarding the use of the Minotaur Services.

Technical Support

Minotaur shall provide reasonable technical support to customer and its authorized user at the reasonable request of the customer. Minotaur shall respond to enquiries of support from a customer utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of customers and users who have accepted these Terms and Services but do not have an Account may be less expedient, or may not occur at all.

Modifications to Service

Minotaur reserves the right to modify the Minotaur Services or any part or element thereof from time to time without prior notice, including, without limitation:

  • Rebranding the Minotaur Services at its sole discretion;
  • Ceasing providing or discontinuing the development any particular Minotaur Service or part or element of the Platform temporarily or permanently;
  • Taking such action as is necessary to preserve Minotaur rights upon any use of the Minotaur Services that may be reasonably interpreted as violation of Minotaur’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.

If the customer does not accept the modification, the customer shall notify Minotaur. The customer’s continued use of the Minotaur Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Minotaur shall not be liable to the customer or to any third person for any modification, suspension or discontinuance of the Minotaur Services, or any part thereof.

Job Advertising

Minotaur provides the Customer with the option to distribute job advertisements across various channels, including, but not limited to, job boards and the Minotaur career page.

Minotaur makes no representations or warranties regarding the accuracy, completeness, or authenticity of any job advertisements posted through our platform. While we make reasonable efforts to vet and monitor job postings, it is ultimately the responsibility of the Customers (as the data controllers) and job seekers (as the data subjects) to perform their own due diligence.

Minotaur cannot be held liable for any damages or losses arising from inaccurate, fraudulent, or mistaken job advertisements. This includes, but is not limited to, financial losses, reputational damage, or emotional distress. We encourage all job seekers to carefully review job postings, research companies and recruiters, and take appropriate precautions when applying for or accepting employment offers.

It’s important to note that the subsequent points detailed below are applicable to all these distribution avenues, and that Minotaur may charge additional fees to distribute job advertisements through certain channels.

All fees tied to job advertisements will be communicated to the Customer by Minotaur during the ordering process.

Minotaur will make commercially reasonable efforts to distribute advertisements through the channels chosen by the Customer.

However, the Customer acknowledges that:

  • The channels are not under Minotaur’s control and that Minotaur cannot guarantee that the Customer’s job advertisements will be delivered to and accepted by the relevant channels.
  • Said job advertisements will be read by potential job applicants.
  • Minotaur may hire third-parties to distribute job advertisements and such third-parties are to be considered as part of Minotaur’s distribution channels.
  • Above-mentioned third-parties have no obligation to use or display a job advertisement and can reject a job advertisement for any or no reason, regardless of the customer’s plan, and even if the Customer has paid for premium job advertisements.
  • Minotaur is not liable for a job advertisement being rejected or not posted, and accepts that the Customer will not be entitled to a refund by Minotaur.
  • Customer will not be entitled to a refund by Minotaur in regards to funds deposited for job advertising purposes.
  • By submitting a job advertisement, the Customer gives Minotaur permission to distribute the advertisement.
  • Minotaur makes no guarantee in terms of quality or quantity the Customer will receive as a result of any job advertisement.
  • The Customer is solely responsible for selecting and interviewing candidates.
  • The Customer is solely responsible for conducting background checks and verifying information provided by candidates.

The Customer understands and takes full responsibility for:

  • Compliance with any regulations and applicable laws including labour and employment, and anti-discrimination.
  • Any liability or claims arising out of the publication of the Customer’s job advertisement or material third-parties can access through said job advertisements.
  • Customer agrees to indemnify and hold Minotaur and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of a breach of this article by Customer or a breach of the additional service policies provided by third-parties to distribute Customer’s job advertisements.
  • When required by third-parties in order to distribute Customer’s job advertisements, Customer agrees to additional service policies from said third-parties as they apply to such services.
  • Customer is solely responsible for researching said third-party service policies.
  • Customer agrees not to post or promote any Job Advertisements that: contain inaccurate, spammy, false, misleading or offensive information; contain hidden keywords, or; sell or promote services

Data processing contract

  • Subject matter and nature of processing. Minotaur provides the platform where the customer, as the data controller, can collect, store and organize the personal data of data subjects determined by the customer. The Platform has been designed to work as a recruitment software tool but, to the extent not regulated by these Terms and Conditions, the customer decides how they use the Platform. Level of data usage is related with the package subscribed by the customer and follow limitations.

    Duration. Minotaur will process data on behalf of the customer until the termination of the Minotaur Services in accordance with these Terms and Conditions. Upon termination, Minotaur will store the customer’s data for a period of six months, should the customer wish to reopen the account to resume the use of the Minotaur Services. By default, Minotaur does not offer data extraction or export solutions.

Parties’ rights and obligations

Minotaur ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Minotaur undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the customer as the data controller. This will be provided at the customer expense.

Restrictions

Prohibited Activities. Customer and its authorized users may use the Minotaur Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and Conditions and applicable law. By way of example, neither the customer nor any user may:

  • Use the Minotaur Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
  • Copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Minotaur Services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that Minotaur is not permitted by that applicable law to exclude or limit the foregoing rights;
  • Use the Minotaur Services or any part or element thereof unless it has agreed to these Terms and Conditions.

Certain Uses Require Minotaur Consent. The customer or any user may not, without Minotaur’s prior express written consent (e-mail, WhatsApp, Skype, etc.):

  • Sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant Access or make the Minotaur Services available in whole or in part to any third persons, unless such third person is another authorized user of the same customer;
  • Use the Minotaur Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;
  • Use the Minotaur Services or any part or element thereof by means of programs that send them automatic enquiries or requests, unless such program has been made available by Minotaur;

Privacy

Minotaur takes the privacy of its Customers and Users very seriously. Minotaur’s Privacy Policy is available on minotaur.com. Please read the Privacy Policy carefully as it governs Minotaur’s collection, use, and disclosure of Customer’s or User’s personal information.

Intellectual Property Rights

Minotaur’s Intellectual Property Rights in the Minotaur Services. The Minotaur Services, Minotaur Materials (defined as the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Minotaur Services, Minotaur and Minotaur trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Minotaur and its third-party vendors and hosting partners) are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.

Minotaur, its affiliates and licensors retains all right, title and interest in such Minotaur Services, Minotaur Materials, Minotaur and Minotaur trade names and trademarks, and any parts or elements.

Your use of the Minotaur Services and Minotaur Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Minotaur Materials is strictly prohibited unless you have received the express prior written permission from Minotaur or the otherwise applicable rights holder. Minotaur reserves all rights to the Minotaur Services, Minotaur Materials and Minotaur trade names and trademarks not expressly granted in the Terms and Conditions.

Content Owned by Minotaur

Subject to these Terms and the payment of the applicable service Fee, Minotaur grants customer and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of any part of the content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the Minotaur Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Minotaur Services or as otherwise permitted by applicable law.

Customer Data

Customer is solely responsible for its own customer data and the consequences of posting, copying or publishing them on or through the Minotaur Service. In connection with customer data, customer affirms, represents, and warrants that:

  • Customer either owns its customer data or has the necessary licenses, rights, consents, and permissions to use and authorize Minotaur to display or otherwise use the customer data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your customer data in a manner consistent with the intended features of the Minotaur Services and these Terms and Conditions, and to grant the rights and license set forth above, and
  • Customer data, Minotaur’s or any Minotaur licensee’s use of such customer data pursuant to these Terms and Conditions, and Minotaur’s or any Minotaur licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation anywhere in the world; or (c) require obtaining a license from or paying any fees and/or royalties by Minotaur to any third party for the performance of any MinotaurServices customer has chosen to be performed by Minotaur or for the exercise of any rights granted in these Terms and Conditions, unless customer and Minotaur otherwise agree.

Third-Party Sites, Products and Services

The Minotaur Services may include links to other websites or services (“Linked Sites”) solely as a convenience to customers. Unless otherwise specifically and explicitly indicated, Minotaur does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Minotaur makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites.

ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Disclaimers, No Warranty

UNLESS OTHERWISE EXPRESSLY STATED BY MINOTAUR, THE MINOTAUR SERVICES, MINOTAUR MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MINOTAUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINOTAUR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY. UNLESS OTHERWISE EXPRESSLY STATED BY MINOTAUR, MINOTAUR AND ITS AFFILIATES DO NOT WARRANT THAT THE MINOTAUR SERVICES AND ANY CONTENT, CUSTOMER DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MINOTAURSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MINOTAUR SERVICES AND ANY CONTENT, CUSTOMER DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MINOTAUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MINOTAUR AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE MINOTAUR SERVICES, MINOTAUR MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.

Indemnification

You agree to defend, indemnify and hold harmless Minotaur and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Minotaur Services, Minotaur Materials, representations made to Minotaur, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Minotaur reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Minotaur, and you agree to cooperate with such defense of these claims.

Limitation of Liability

Minotaur shall not be liable to the customer or user for any consequences resulting from:

  • Any modifications in these Terms and Conditions, calculation and rates of Fees, the Minotaur Services, Minotaur Material, or any part or element thereof (including but not limited to account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Minotaur Services or Minotaur Material;
  • Deletion of, corruption of, or failure to store any customer data;
  • Use of customer data by the customer or any of the users associated with the account;
  • Upgrading or downgrading the current plan;
  • Any disclosure, loss or unauthorized use of the login credentials of customer or any authorized user due to customer’s failure to keep them confidential;
  • The customer’s use of the account or the Minotaur Services by means of browsers other than those accepted or supported by Minotaur;
  • The application of any remedies against the customer or authorized users by Minotaur, for example if the customer or user has committed a crime or conducted a breach of applicable law by using the Minotaur Services or any part or element thereof;
  • The differences between technologies and platforms used for access, for example if certain features, functions, parts or elements of the Minotaur Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;

Minotaur’s application of the remedies described in these Terms and Conditions, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.

In addition, Minotaur and its affiliates shall not be liable to the customer for any claim by any user, person, organization or third persons against the customer arising out of the customer’s failure to:

  • Provide Minotaur with accurate information about the customer, users or account;
  • Notify Minotaur of any reasons due to which a User does not have the right to use the account on behalf of the customer;
  • Provide any products which it has agreed to provide to such a person or organization (whether such failure arises as a result of Minotaur’s negligence, breach of these Terms and Conditions or otherwise);
  • Ensure the lawfulness of the customer data;
  • Obtain the necessary rights to use the customer data; or
  • Abide by any of the restrictions described in these Terms and Conditions.

Limitation of Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MINOTAUR AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR THE MINOTAUR SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” AGREED BY CUSTOMER.

Exclusion of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Fees

The fees to access the Minotaur Services are as set out on the website or the invoice you received.

Subscriptions are by default entered into for monthly or yearly subscription terms and renewed for the duration of the previous subscription term.

Unless stated otherwise on the website or the invoice, fees shall be payable by the Customer at the beginning of each subscription term, or in the manner as set out on the invoice and in the currency identified on the website or the invoice, as applicable.

All fees are exclusive of VAT and all other taxes or duties and are non-refundable and non-cancelable for any reason.

If you pay by credit or debit card:

  • You authorize us to charge your credit card or bank account for all fees payable for your subscription term and for any renewal term, until you terminate your Subscription.
  • In addition, you authorize us in order to process payments to use third-party providers, and you provide your consent to disclose your payment information to any such third party as required.
  • You are solely responsible for any bank fees, charged by your bank, including recurring payment fees associated with your payments to Minotaur.

Credits Balance

Minotaur reserves the right to adjust credits allocated to an account at its own discretion.

SMS Messaging / Texting

  1. SMS Messaging Service

1.1 Minotaur offers an SMS Messaging/Texting service (“SMS Service”) that allows customers to send SMS messages through the platform.

1.2 By using the SMS Service, you agree to abide by all applicable laws and regulations, as well as the terms and conditions outlined herein.

  1. Funds for SMS Messaging

2.1 To utilize the SMS Service, customers are required to purchase credits or funds (“SMS Credits”) through their Minotaur account.

2.2 SMS Credits are non-refundable and non-transferable.

2.3 Customers are solely responsible for managing their SMS Credits and ensuring their availability for sending SMS messages through Minotaur.

  1. SMS Credit Usage

3.1 SMS Credits can only be used to send SMS messages via Minotaur’s SMS Service.

3.2 The cost of sending SMS messages will be deducted from the customer’s SMS Credits balance.

3.3 Minotaur reserves the right to change the pricing for SMS Credits and the cost per SMS message at its discretion. Such changes will be communicated to customers through the platform.

  1. Account Termination

4.1 In the event that a customer’s account is terminated or suspended due to a breach of these Terms and Conditions or for any other reason, any unused SMS Credits will be forfeited, and no refunds will be provided.

  1. Availability of Service

5.1 Minotaur makes reasonable efforts to ensure the availability and reliability of the SMS Service. However, we do not guarantee uninterrupted or error-free service, and we shall not be liable for any losses or damages arising from service interruptions.

  1. Compliance with Laws

6.1 Customers are responsible for ensuring that their use of the SMS Service complies with all applicable laws and regulations, including those related to the content of SMS messages, recipients’ consent, and privacy.

  1. Disclaimer

7.1 Minotaur disclaims all warranties and liabilities related to the SMS Service, including but not limited to the accuracy, completeness, and fitness for a particular purpose of the service.

Termination

For Convenience. These Terms may be terminated for convenience:

  • By the Customer any time by revoking the billing agreement inside Minotaur through these steps.
  • By Minotaur upon decision to end provision of the Minotaur Services and close the Platform; or
  • Immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

These Terms may be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:

  • By either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or
  • Immediately by either party if the other party breaches its obligations, as applicable under Sections “Intellectual Property Rights” and “Indemnification” of these Terms and Conditions.

Upon termination of these Terms and Conditions, Minotaur shall deactivate the account. If the customer has specifically requested for an earlier deletion of the account, Minotaur shall fulfill such request within 2 months of its receipt of such request. customer must: (i) stop using and prevent the further usage of the Minotaur Services, including, without limitation, the Platform; (ii) pay any amounts owed to Minotaur under these Terms and Conditions; and (iii) discharge any liability incurred by the customer before under these Terms and Conditions prior to their termination.

The relevant provisions in these Terms and Conditions shall survive the termination of these Terms and Conditions.

Remedies

If Minotaur terminates these Terms and Conditions as a result of an uncured breach by a customer or user, Minotaur is entitled to use the same or similar remedies against any other persons who use the Minotaur Services in conflict with these Terms.

Notwithstanding the foregoing, Minotaur may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the customer or user may lose access or suffer a loss of certain features, functions, parts or elements of the Minotaur Services.

If Minotaur has reasonable grounds to believe that the customer’s or user’s use of the Minotaur Services, including the account may harm any third persons, Minotaur has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.

Governing Law and Jurisdiction

These Terms (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of Thailand and subject to the sole jurisdiction of the courts of Thailand.

Miscellaneous

Relationship of the Parties. The parties will act solely as independent contractors. These Terms and Conditions shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the customer and either Minotaur, and the customer shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms and Conditions are not for the benefit of any third parties.

Severability

If any term, condition or provision of these Terms and Conditions is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

Assignment

Customer may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms and Conditions or delegate any of its rights and/or obligations under these Terms and Conditions without Minotaur’s prior written consent.

Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the customer, or its permitted successive assignees or transferees, may assign or transfer these Terms and Conditions or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the customer, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the customer, or its permitted successive assignees or transferees.

No Waiver

Failure of either party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.

Brand Usage and Promotion

The Customer agrees that Minotaur may identify the Customer as a user of the Software and use Customer’s trademark and/or logo (i) in sales presentations, promotional/marketing materials and communications, and press releases, and (ii) in order to develop a brief customer profile for use by Minotaur on Minotaur’s website for promotional purpose.

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