By using this service you are allowing MB Spirit to access MINDBODY on your behalf. This permission will allow us to access and manipulate your data. Our guarantee is to protect our networks to protect your information, and to use this access only in the delivery of this service.
MB Spirit is a brand of Bistromatics Inc., a development partner with MINDBODY Inc, meaning we pay fees on your behalf for use of this service to MINDBODY Inc. Because we receive our data in realtime for some of the services offered, we cannot guarantee complete uptime of the service.
In provision of this service we will temporarily cache your data, and will hold content that you provide in execution of the service. Should you choose to cancel your service, we will remove our access to MINDBODY for your site and will delete all MINDBODY data associated with your account. Billing and profile data may be retained for our own accounting purposes, but will not be used in any other way.
MB Spirit may use data collected from use of this service to gather anonymous statistical analysis about activities and trends within our system. No information will be given to third parties without your express consent.
As the service expands, you have options to opt-in to shared marketing opportunities, wherein you allow us to reproduce information you have provided to us in other ways within our service.
MB Spirit may send occasional newsletters, offers and recommended add-ons via email. I understand that I may opt-out of these emails at any time. Service and billing alerts will be sent to the email account used during registration.
Monthly fees are non-refundable. We pay a portion of the fee to MINDBODY to provide the service, and these fees are non-refundable. Non-payment of fees will result in immediate lockout of the service. Widgets used on your site will return a message indicating that the service is unavailable.
You are responsible for management of copyrighted material that you include with your content. All content uploaded or added under your account is considered owned by you. Should action be taken for copyright infringement, you will be responsible for assuming all costs associated with resolution of the infringement.
Any reported abuse of this service will result in either a freeze to your account, or a termination of your service.
All reported issues with the service will be addressed immediately, and we will report any scheduled maintenance to you either via email or through our web site/Twitter feeds.
MB Spirit uses data from the MINDBODY API to render content from MINDBODY on your web site. By using MB Spirit, you acknowledge the terms of MINDBODY Developers API Branding Requirements and the MINDBODY Terms of Service.
You expressly understand and agree that MB Spirit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
For the purpose of these terms of service MB Spirit (Bistromatics Inc.) will be referred to as MB Spirit. You, as the party agreeing to these terms and using the service, will be referred to as the Licensee. Any developer or third party supporting you with implementation of this service will be referred to as the Agent.
- This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
- Changes to this Agreement by Licensee will only be effective if agreed to in writing by MB Spirit.
- Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the Ontario, Canada, excluding its conflict of law provisions.
- Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Ottawa, Ontario, Canada, with the losing party paying all costs of arbitration.
- If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
- The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
- Neither Licensee nor its Agent may assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee’s or Agent’s assets to another entity.
- This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
- Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
- The relationship between MB Spirit and Licensee and Agent is that of independent contractors and neither Licensee nor its Agents shall have any authority to bind MB Spirit in any way. MB Spirit may change the terms of this Agreement from time to time. By continuing to use any MB Spirit Service beyond a period of thirty (30) days after notice of such change has been provided on a public website of MB Spirit or its affiliate for the first time, Licensee and its Agent signify their consent to the revised terms.
- Each Party covenants that it will carry out all of its activities hereunder and associated with products and technologies resulting herefrom in full compliance with all applicable laws.
- Licensee and its Agent acknowledge and agree to take full responsibility to test, support and commercialize their respective products and services.