Effective Date: October 14, 2026
Welcome to Mind Forge Studio. These Terms of Service (“Terms”) govern your access to and use of the Mind Forge Studio website at mindforgestudio.dev, the NyartSuite website and platform at nyartsuite.com, software, applications, subscription services, digital products, downloadable materials, account features, support services, quote request features, and related services (collectively, the “Services”). By creating an account, making a purchase, downloading software, clicking to accept, submitting a request, or otherwise accessing or using any part of the Services, you affirm that you have read, understood, and agreed to be bound by these Terms.
If you do not agree to these Terms, do not access or use the Services.
1. Scope of Services
Mind Forge Studio provides digital products and services that may include, without limitation, downloadable desktop software, web-based tools, cloud-based software platforms such as NyartSuite, software licenses, subscriptions, digital resources, updates, support-related communications, and the ability to request quotes or proposals for custom software development. NyartSuite is a product of Mind Forge Studio, and references in these Terms to the Services, the website, or Mind Forge Studio’s products include NyartSuite and nyartsuite.com unless stated otherwise.
Certain Services may be subject to additional product-specific terms, license terms, feature limitations, usage restrictions, upgrade terms, system requirements, or other conditions displayed on the product page, checkout page, download page, account area, inside the software, or in a separate written agreement. If there is a conflict between these general Terms and product-specific terms, the product-specific terms control for that product or offering. The product-specific terms for NyartSuite are in Section 42.
2. Eligibility and Authority
You may use the Services only if doing so is lawful and you have the legal capacity to enter into a binding agreement. If you are under the age of legal majority in your jurisdiction, a parent or legal guardian must create the account, make the purchase, or otherwise accept these Terms on your behalf. If a parent or legal guardian permits a minor to use the Services, that parent or guardian is responsible for the minor’s use of the Services, purchases, account activity, and compliance with these Terms.
Mind Forge Studio does not knowingly enter into contracts directly with children who lack legal capacity to do so.
3. Account Registration and Security
An account may be required for purchases, downloads, software license delivery, activation management, subscription and platform access, support access, and related features. You are responsible for providing accurate, current, and complete information as needed for account creation, purchases, billing, payments, license management, support, and communications, and for updating that information when it materially changes.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must notify Mind Forge Studio promptly if you suspect unauthorized access, misuse, or a security issue involving your account.
Mind Forge Studio may suspend, restrict, or terminate accounts for suspected fraud, abuse, unauthorized access, violation of these Terms, or other lawful business or security reasons.
4. License Grant; No Sale of Software
Unless otherwise expressly stated in writing, all software and digital products made available by Mind Forge Studio are licensed, not sold. Subject to your compliance with these Terms and any applicable product-specific terms, Mind Forge Studio grants you a limited, revocable, non-exclusive, non-transferable license to install, access, and use the software, platform, or digital product solely for its intended purpose and only as expressly permitted by the applicable license.
License scope, activation limits, permitted devices, usage restrictions, update rights, and related terms may vary by product, plan, version, or license tier. The specific product page, checkout terms, or license information for the product you purchase will govern those details.
Except for the limited rights expressly granted, no right, title, or interest in or to any software, website, content, branding, or other intellectual property is transferred to you.
5. License Restrictions
You may not, and may not permit any third party to:
copy, reproduce, redistribute, republish, or publicly display the software or related materials except as expressly authorized;
modify, adapt, translate, or create derivative works from the software or Services;
reverse engineer, decompile, disassemble, or attempt to derive source code, underlying ideas, algorithms, or structure, except to the limited extent such restriction is prohibited by applicable law;
resell, sublicense, lease, rent, lend, share, transfer, assign, or otherwise make any license available to another person unless expressly authorized in writing by Mind Forge Studio;
bypass, disable, interfere with, probe, defeat, or attempt to circumvent licensing, activation, authentication, security, anti-abuse, or access-control measures;
use the Services in a manner that is unlawful, fraudulent, harmful, abusive, infringing, deceptive, exploitative, malicious, or otherwise prohibited by these Terms; or
use the software, Services, or related materials to compete with, clone, exploit, or replicate Mind Forge Studio’s products, business, or proprietary systems.
6. License Administration and Enforcement
Mind Forge Studio may use automated systems, license verification, device activation controls, fraud detection, security checks, and related technical measures to manage access, enforce licenses, protect the Services, and investigate suspected abuse.
Mind Forge Studio reserves the right to revoke, suspend, terminate, reset, reissue, limit, or otherwise manage licenses, activations, downloads, and access in connection with support, device changes, reinstallations, fraud review, suspected abuse, enforcement of license limits, refunds, chargebacks, payment reversals, or violations of these Terms.
7. Purchases, Pricing, and Payment
All prices, fees, offers, discounts, coupons, and upgrade paths are subject to change at any time unless expressly stated otherwise. Product availability, pricing, features, discounts, offers, upgrade eligibility, regional access, and related terms may vary by product, customer status, version, license tier, location, timing, or other stated conditions.
Mind Forge Studio may correct typographical errors, pricing errors, availability errors, inaccurate descriptions, promotional errors, or other listing mistakes at any time, including after an order is submitted. If needed, Mind Forge Studio may cancel the affected order and issue a refund, adjustment, or other appropriate correction.
Payments may be processed by third-party providers such as Stripe, PayPal, or other payment platforms. Those providers may have their own terms, policies, dispute procedures, privacy practices, and security procedures. Mind Forge Studio is not responsible for third-party acts, omissions, systems, outages, policies, fraud screening decisions, chargeback handling, payment processing errors, or security incidents outside its control, except to the extent required by law or caused directly by Mind Forge Studio’s own conduct.
You are responsible for any applicable taxes, duties, levies, bank charges, card fees, currency conversion fees, or similar transaction-related charges associated with your purchases, except to the extent Mind Forge Studio is required by law to collect, remit, or handle them.
Mind Forge Studio is not a bank, lender, escrow service, money transmitter, financial custodian, broker, fiduciary, or similar financial institution. Payments made through the Services are payments for products and services offered by Mind Forge Studio.
8. Refunds and Reasonable Opportunity to Cure
8.1 Downloadable Software
Purchases of downloadable software created and sold by Mind Forge Studio are generally final, subject to the limited refund terms in this Section and any additional rights required by applicable law.
You may request a refund within 14 days of purchase if the software has a material defect, a material failure of core functionality, or a material mismatch between the product’s actual core features and Mind Forge Studio’s published description at the time of purchase.
Before issuing a refund for an alleged defect or functionality issue, Mind Forge Studio will have a reasonable opportunity to diagnose, evaluate, patch, repair, or otherwise cure the reported issue after receiving sufficient information from you to reproduce or assess the problem.
A refund is not automatically required where the issue is minor, intermittent, caused by an unsupported operating system, device, user environment, third-party software or service, configuration issue, failure to follow provided instructions, or another condition outside Mind Forge Studio’s reasonable control.
If Mind Forge Studio cannot cure a qualifying material issue within a reasonable time, a refund may be granted in Mind Forge Studio’s good-faith discretion or as otherwise required by applicable law.
Refunds may also be denied in cases involving:
change of mind or buyer’s remorse;
preferences, expectations, or assumptions not stated in the published product description;
failure to review system requirements, compatibility information, feature descriptions, or stated limitations before purchase;
use on unsupported systems, devices, environments, platforms, or third-party services;
failure to follow installation, configuration, or usage instructions;
fraud, abuse, license misuse, excessive or repeated refund activity, chargeback risk, or violation of these Terms.
If a refund is granted, the related license may be suspended, deactivated, revoked, or terminated immediately. All rights to use the refunded software end upon issuance of the refund, and continued use is prohibited.
8.2 Subscription Services
Except where required by applicable law or expressly stated otherwise in writing by Mind Forge Studio, all subscription fees are final and non-refundable once charged.
One-time setup, onboarding, and configuration fees are likewise non-refundable once the related work has begun.
Cancellation of a subscription prevents future renewal charges when cancellation is completed in accordance with the applicable subscription terms, but cancellation does not create a right to a refund or credit for the current billing period.
Mind Forge Studio does not provide refunds, prorated refunds, or credits for:
partially used subscription periods;
unused portions of a subscription period;
failure to use available subscription features or services;
subscription renewals that were not canceled before the applicable renewal date;
usage-based charges that have already been incurred;
telecommunications, messaging, email, artificial intelligence, hosting, domain, storage, processing, or similar metered or consumption-based charges;
third-party fees or pass-through charges that have already been incurred or are non-refundable to Mind Forge Studio.
Refunds or credits for subscription services may be considered in Mind Forge Studio’s discretion for verified billing errors, duplicate charges, or other exceptional circumstances, but no such refund is guaranteed unless required by applicable law.
Where a subscription service relies on or resells services provided by a third-party provider, Mind Forge Studio may apply refund restrictions imposed by that underlying provider. Mind Forge Studio is not required to provide a refund, credit, or reimbursement that exceeds any refund, credit, or reimbursement available to Mind Forge Studio from the underlying provider for the applicable charge.
8.3 Custom Development Services
Custom software development, consulting, implementation, configuration, and other project-based services are governed by separate written agreements and are not subject to the general refund provisions in this Section unless expressly stated otherwise in the applicable agreement.
9. Cancellation and Data Retention
Upon cancellation, your account remains active through the end of your current billing period. Subscription fees already paid are non-refundable, consistent with Section 8.2 above.
For monthly subscriptions, a failed payment triggers a 30-day grace period before suspension. Mind Forge Studio reserves the right to suspend any account for non-payment.
Following account deactivation, whether by cancellation or by suspension for non-payment, your account data is retained for 90 days. During this period, you may export your data or reactivate your account. After 90 days, all account data is permanently and irrecoverably deleted.
10. Chargebacks and Payment Disputes
If you initiate a chargeback, payment dispute, reversal, or similar billing challenge, Mind Forge Studio may suspend or terminate the related account, license, downloads, activations, and access while the matter is reviewed or after it is resolved, especially where the payment is reversed or the dispute suggests fraud, abuse, unauthorized use, or violation of these Terms.
11. Updates, Upgrades, and Product Changes
Mind Forge Studio may provide minor updates, patches, bug fixes, maintenance releases, or similar improvements for purchased software at no additional charge, but is not obligated to provide any particular update schedule, support duration, feature roadmap, or continued compatibility commitment.
Major upgrades, expansions, materially enhanced versions, or new editions may require a separate purchase or additional fee. Unless expressly stated otherwise on the product page or at the time of purchase, your license includes only the version and update rights specifically described for that product.
Mind Forge Studio may modify, suspend, discontinue, reprice, limit, or change products, features, support offerings, downloads, upgrade paths, or availability at any time, subject to any specific rights expressly granted for a purchased license and any rights required by applicable law.
12. Product Information, Marketing Content, and Results
Product descriptions, screenshots, videos, demonstrations, feature lists, marketing content, examples, and similar materials are provided for general informational purposes and may be updated, refined, or changed over time. Minor or non-material differences in appearance, workflow, wording, organization, or non-core features do not by themselves create a refund right, warranty claim, or contractual obligation.
Any testimonials, examples, demonstrations, case studies, performance statements, or illustrative use cases are provided for informational purposes only and do not guarantee that you or any other user will achieve the same results, productivity, revenue, savings, business outcomes, or other performance.
13. User Responsibility; Compatibility; Backups
You are responsible for reviewing the product page, feature description, system requirements, compatibility information, license terms, and any stated limitations before purchase. Failure to do so does not by itself create a refund right.
You are also responsible for your own hardware, devices, operating systems, internet access, backups, malware protection, security practices, supported computing environment, and general data management. Mind Forge Studio is not responsible for problems caused by unsupported systems, third-party conflicts, user-side misconfiguration, failure to maintain backups, malware, local device failures, or other issues outside Mind Forge Studio’s reasonable control.
Mind Forge Studio is not responsible for loss of user data, files, settings, project information, or other content. You are solely responsible for maintaining your own backups unless a specific product or separate written agreement expressly states otherwise.
You are solely responsible for how you use the software, Services, content, outputs, data, reports, or recommendations generated, organized, displayed, or facilitated by the Services. You must review, verify, and exercise your own judgment with respect to your work, decisions, actions, and outputs rather than relying on the Services as an infallible decision-maker.
14. Third-Party Platforms, Integrations, and Dependencies
Some Services may rely on third-party platforms, operating systems, APIs, integrations, hosting environments, payment providers, telephone and messaging carriers, email delivery providers, artificial intelligence providers, software components, or other outside services. Mind Forge Studio is not responsible for third-party changes, shutdowns, compatibility breaks, access restrictions, outages, pricing changes, policy changes, discontinued services, or other external disruptions outside its control.
Mind Forge Studio may choose, but is not obligated, to provide patches, updates, or compatibility fixes in response to third-party changes.
15. Beta, Preview, and Experimental Features
Mind Forge Studio may offer beta, preview, early-access, experimental, or test features from time to time. Those features may be incomplete, unstable, unsupported, subject to additional risk, changed at any time, suspended, or removed without notice.
16. Free Tools, Demos, and Promotional Materials
Any free tools, demos, trial materials, promotional downloads, previews, or other no-cost offerings may be changed, limited, suspended, or withdrawn at any time. Unless expressly stated otherwise, such offerings are provided subject to the same general disclaimers, restrictions, and limitations contained in these Terms.
17. Support and Maintenance Disclaimer
Mind Forge Studio does not guarantee any specific support level, response time, uptime, maintenance schedule, maintenance window, or ongoing availability of support unless expressly stated for a product or in a separate written agreement.
For refund-related defect issues raised within the applicable refund window, Mind Forge Studio may have a reasonable opportunity to diagnose and attempt to cure a qualifying material problem before determining whether a refund is appropriate, as described in Section 8.
18. Acceptable Use and Prohibited Conduct
You may not use the Services, submit requests, or ask Mind Forge Studio to create or support software for any unlawful, infringing, fraudulent, abusive, harassing, hateful, deceptive, exploitative, defamatory, malicious, harmful, or otherwise objectionable purpose.
You also may not:
attempt to gain unauthorized access to any system, network, account, or data;
interfere with or disrupt the operation, availability, security, or integrity of the Services;
introduce malware, spyware, harmful code, or malicious content;
send unsolicited, unlawful, or non-consensual messages, calls, or emails, or use the Services in violation of anti-spam, telemarketing, or messaging laws or carrier rules;
use the Services in a manner that restricts, harms, or interferes with another user or third party;
request or use custom software development for unlawful, abusive, deceptive, exploitative, or objectionable purposes; or
use the Services in any jurisdiction or circumstance where doing so would be illegal or would require Mind Forge Studio to undertake registrations, licensing, compliance obligations, or legal commitments it has not agreed to assume.
Mind Forge Studio may refuse, suspend, terminate, report, investigate, or take legal action in response to prohibited conduct.
19. Scraping, Crawling, and Unauthorized Extraction
Except as expressly permitted by applicable law or by Mind Forge Studio in writing, you may not scrape, crawl, harvest, data-mine, mirror, systematically extract, copy in bulk, or use automated means to collect content, pricing, product data, account data, download information, or other materials from the website, storefront, software, account areas, APIs, downloads, or related Services for unauthorized commercial, competitive, exploitative, archival, or redistributive purposes.
This restriction is intended to prohibit unauthorized bulk extraction or abusive collection practices and does not by itself prohibit ordinary lawful linking, indexing, caching, or standard public search/discovery functions for publicly available pages.
20. Quote Requests and Custom Development Services
Mind Forge Studio may offer the ability to submit project inquiries, quote requests, or discussions regarding custom software development. A quote request, discussion, response, estimate, or proposal does not create a binding contract, client relationship, project commitment, employment relationship, partnership, joint venture, fiduciary relationship, or other special relationship.
Mind Forge Studio may accept or reject any project inquiry, quote request, or proposed engagement for any lawful reason or no stated reason at all before a separate written agreement is formed.
Any custom development work, project scope, deliverables, milestones, pricing, timelines, revisions, ownership, licensing, exclusivity, royalties, resale rights, termination rights, and payment terms will be governed only by a separate written agreement signed or otherwise validly accepted by the parties.
21. Refusal of Service and Order Discretion
Mind Forge Studio may refuse service, reject quote requests, cancel orders, limit quantities, decline transactions, suspend accounts, or decline to proceed with a project or purchase for legitimate business, legal, technical, operational, scope, security, fraud-prevention, availability, pricing, reputational, compatibility, policy, or other lawful reasons.
If payment has already been made and Mind Forge Studio elects not to proceed, Mind Forge Studio may issue a full or partial refund, as appropriate under the circumstances.
22. Intellectual Property Rights
The Services, including all software, website content, branding, trade names, logos, text, graphics, designs, downloads, documentation, compilations, interfaces, visual elements, and related materials, are owned by Mind Forge Studio or its licensors and are protected by intellectual property and other applicable laws.
Except for the limited rights expressly granted under these Terms or in a separate written agreement, no rights are granted to you in or to any intellectual property of Mind Forge Studio or its licensors.
23. Feedback and Suggestions
If you submit feedback, ideas, suggestions, feature requests, bug reports, comments, or similar input regarding the Services, you agree that Mind Forge Studio may use, copy, modify, implement, publish, display, distribute, and otherwise exploit that feedback without compensation, attribution, credit, restriction, or obligation to you.
24. Electronic Communications and Electronic Consent
By creating an account, making a purchase, downloading software, clicking to accept, submitting information, or otherwise using the Services, you consent to receive records, notices, disclosures, agreements, and communications electronically. You agree that electronic signatures, electronic records, electronic notices, and online acceptance mechanisms satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
A printed version of these Terms and any electronic records, assent records, account records, transaction records, or related notices may be used in legal proceedings to the extent permitted by law.
25. SMS/Text Messaging Terms
By providing your mobile phone number through the Mind Forge Studio website (mindforgestudio.dev) or the NyartSuite website (nyartsuite.com), including but not limited to the chat widget or any contact, quote request, demo request, or appointment form, you consent to receive text messages from Mind Forge Studio related to your inquiry or, where you have separately and explicitly opted in, promotional messages.
Message frequency varies. Message and data rates may apply.
Consent to receive text messages is not a condition of any purchase.
You may opt out of text messages at any time by replying STOP. For help, reply HELP or contact support@mindforgestudio.dev.
Mind Forge Studio does not share mobile opt-in information or phone numbers with third parties or affiliates for marketing or promotional purposes.
Carriers and mobile network operators are not liable for delayed or undelivered messages.
This Section 25 applies to text messages that Mind Forge Studio sends on its own behalf. Text messages that a NyartSuite customer sends to its own contacts through NyartSuite are sent by that customer, not by Mind Forge Studio, and are governed by Section 42.7 and by that customer’s own consent and opt-out practices.
For information about how mobile numbers and other personal data are handled, see the Privacy Policy.
26. Privacy Policy
Mind Forge Studio’s Privacy Policy, which applies to the Mind Forge Studio and NyartSuite websites and to the Services, is incorporated into these Terms by reference and forms part of the overall agreement between you and Mind Forge Studio to the extent applicable.
27. No Professional Advice
The Services, website content, software, communications, examples, and related materials are provided for general informational and functional purposes only and do not constitute legal, financial, tax, accounting, business, medical, or other professional advice unless expressly stated in a separate written agreement.
28. No Special Relationship
Nothing in these Terms, the website, the Services, any quote discussion, proposal, purchase, communication, or transaction creates any partnership, joint venture, employment, agency, franchise, fiduciary, or similar special relationship between you and Mind Forge Studio unless expressly established in a separate written agreement.
29. Export Controls and Trade Restrictions
You agree to comply with all applicable export control laws, sanctions laws, trade restrictions, embargoes, and similar legal requirements. You may not use, export, re-export, transfer, or make available any software, digital product, or related material from Mind Forge Studio in violation of applicable law.
30. Monitoring, Use of Information, and Enforcement
Mind Forge Studio may preserve, review, use, and disclose account, licensing, activation, transaction, support, and related usage information as reasonably necessary to operate the business, provide products and support, enforce licenses, investigate abuse, resolve disputes, comply with legal obligations, and protect its rights, subject to the Privacy Policy and applicable law.
31. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, SOFTWARE, DOWNLOADS, WEBSITE, CONTENT, FEATURES, ACCOUNTS, AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIND FORGE STUDIO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, MIND FORGE STUDIO DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH EVERY SYSTEM, FREE OF HARMFUL COMPONENTS, OR SUITABLE FOR EVERY USER’S PARTICULAR NEEDS OR EXPECTATIONS.
Nothing in this Section limits any refund rights expressly stated in Section 8 or any rights that cannot legally be disclaimed.
32. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIND FORGE STUDIO AND ITS OWNER, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR SIMILAR LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES, SOFTWARE, WEBSITE, PURCHASES, ACCOUNTS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL DIRECT LIABILITY OF MIND FORGE STUDIO FOR ANY CLAIM ARISING OUT OF OR RELATING TO A SPECIFIC PRODUCT OR SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO MIND FORGE STUDIO FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you to the extent prohibited by law.
33. Indemnification
You agree to defend, indemnify, and hold harmless Mind Forge Studio and its owner, affiliates, licensors, service providers, contractors, and representatives from and against any claims, demands, actions, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys’ fees and enforcement costs, arising out of or relating to:
your use or misuse of the Services;
your violation of these Terms;
your unlawful conduct;
your infringement or misappropriation of any rights of another person or entity;
your account activity;
your submitted content, materials, data, requests, or project instructions; or
any software, use case, content, or project you ask Mind Forge Studio to build, modify, or support.
34. Remedies; Suspension; Termination
Mind Forge Studio may suspend, restrict, disable, or terminate accounts, licenses, downloads, activations, or access to the Services for breach of these Terms, fraud, abuse, chargebacks, unauthorized sharing, security concerns, payment issues, illegal use, or other lawful business reasons.
Mind Forge Studio reserves all rights and remedies available under these Terms, applicable law, and equity, including suspension, termination, injunctive relief, recovery of damages, losses, unjust enrichment, unauthorized profits, costs, and attorneys’ fees where permitted by law.
The rights and remedies of Mind Forge Studio are cumulative and not exclusive.
Any provisions of these Terms that by their nature should survive termination will survive, including without limitation provisions relating to intellectual property, payment obligations, license restrictions, warranty disclaimers, liability limitations, indemnification, dispute resolution, enforcement, and any other provisions intended to survive.
35. Governing Law; Arbitration; Class Action Waiver
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent federal law governs, including the Federal Arbitration Act (“FAA”).
Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any purchase, account, software, or relationship between you and Mind Forge Studio that cannot be resolved informally will be resolved by binding individual arbitration, rather than in court, except as otherwise expressly stated in this Section.
This arbitration agreement is governed by the FAA. You and Mind Forge Studio agree that any arbitration will be conducted on an individual basis only. To the maximum extent permitted by law, you and Mind Forge Studio waive any right to participate in a class action, class arbitration, collective action, representative proceeding, or similar multi-party proceeding.
Nothing in this Section prevents either party from:
bringing an eligible claim in small claims court; or
seeking temporary, preliminary, or permanent injunctive or equitable relief in court for intellectual property infringement, license abuse, unauthorized access, misuse of confidential or proprietary materials, or other conduct for which court-based relief is reasonably necessary.
Any court proceeding permitted under this Section will be brought in the appropriate state or federal court located in California, and you consent to personal jurisdiction and venue there.
36. Time Limit for Claims
To the maximum extent permitted by law, any claim or cause of action arising out of or relating to the Services, software, purchases, account, or these Terms must be brought within one (1) year after the event giving rise to the claim, or it will be permanently barred.
37. Changes to the Terms
Mind Forge Studio may update or modify these Terms at any time. Changes become effective when posted or on any later effective date stated in the updated Terms. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the revised Terms to the extent permitted by law.
For material changes, Mind Forge Studio may provide notice by website posting, account notice, email, or other reasonable means, but Mind Forge Studio is not required to provide individualized notice in every circumstance unless required by law.
38. Assignment
Mind Forge Studio may assign, transfer, delegate, or otherwise dispose of its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, restructuring, financing, or other business transaction. You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without Mind Forge Studio’s prior written consent.
39. Force Majeure
Mind Forge Studio will not be liable for any delay, interruption, failure, or nonperformance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet outages, hosting failures, power failures, cyberattacks, third-party platform failures, governmental actions, supply disruptions, or similar events.
40. Severability; Waiver; Entire Agreement; No Third-Party Beneficiaries
If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
Any failure by Mind Forge Studio to enforce any provision of these Terms is not a waiver of that provision or of any other provision.
These Terms, together with the Privacy Policy and any applicable product-specific terms or separate written agreements expressly incorporated or accepted in connection with a purchase or Service, constitute the entire agreement between you and Mind Forge Studio regarding the subject matter covered here.
These Terms do not create any third-party beneficiary rights unless expressly stated otherwise.
41. Headings
The section headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
42. NyartSuite Service Terms
42.1 Application and Order of Precedence
NyartSuite is a cloud-based customer relationship management and communication platform offered by Mind Forge Studio at nyartsuite.com and mindforgestudio.dev. It may include contact management, online booking, email and text messaging, calling, review requests, invoicing and payment tools, website and funnel builders, and optional artificial intelligence features (collectively, “NyartSuite”). This Section 42 contains product-specific terms for NyartSuite under Section 1 and applies in addition to the rest of these Terms. If this Section 42 conflicts with another part of these Terms, this Section 42 controls for NyartSuite. The features included in each plan are described on the NyartSuite pricing page and may change over time.
42.2 Business Use and Authority
NyartSuite is intended for business use. By signing up, you represent that you are using NyartSuite for business purposes and, if you sign up on behalf of a business, that you have authority to bind that business to these Terms. In this Section 42, “you” includes that business. You may allow your own employees and contractors to use your NyartSuite account on your behalf, and you are responsible for their compliance with these Terms. You may not resell, white-label, or provide access to NyartSuite to third parties without the prior written authorization of Mind Forge Studio.
42.3 Plans, Setup Fees, and Billing
NyartSuite is offered on monthly and annual subscription plans. Plan prices, included usage, and one-time setup fees are shown on the NyartSuite pricing page at the time you sign up. Setup fees cover the initial configuration of your account and are non-refundable once setup work has begun. Subscriptions renew automatically at the end of each monthly or annual billing term until you cancel, and you authorize Mind Forge Studio and its payment processor to charge your payment method for each renewal. Annual plans are billed in advance for the full year. Mind Forge Studio may change plan prices or features for future billing terms with reasonable advance notice, which may be given by email or account notice.
42.4 Usage-Based Fees
Plans that include texting, calling, email, or artificial intelligence features include monthly usage allowances shown on the pricing page. Usage above your included allowance is billed at the overage rates shown on the pricing page, which are based on provider cost. Carrier fees, registration fees, and similar third-party pass-through charges may apply and may change when the underlying provider changes them. Text messages are measured in segments, and longer messages, emojis, or picture messages may use more than one segment. Usage-based charges are billed to your payment method on file and, consistent with Section 8.2, are not refundable once incurred.
42.5 Account Setup and Your Connected Accounts
Mind Forge Studio will configure your NyartSuite account based on the business information you provide, and you are responsible for the accuracy and completeness of that information. Some features require you to connect your own third-party accounts, such as a payment account or social media accounts. You connect those accounts yourself, Mind Forge Studio will not ask for your passwords, and you are responsible for the security of those accounts and for complying with the terms of those third-party services.
42.6 Your Data
As between you and Mind Forge Studio, you own the contacts, conversations, content, and other data that you or your customers submit to NyartSuite (“Customer Data”). You grant Mind Forge Studio a limited license to host, process, transmit, and display Customer Data only as needed to provide, secure, and support NyartSuite for you, and as described in the Privacy Policy. Mind Forge Studio does not sell, rent, or share Customer Data for marketing or advertising purposes. You may export your Customer Data during your subscription and during the retention period described in Section 9. You are responsible for having the notices, consents, and legal basis needed to collect Customer Data and to have Mind Forge Studio process it on your behalf, including a privacy policy that applies to your own customers.
42.7 Messaging, Calling, and Email Compliance
You are solely responsible for all messages, calls, and emails sent or placed through your NyartSuite account, and for complying with all laws and industry rules that apply to them. These include the Telephone Consumer Protection Act, the CAN-SPAM Act, applicable state telemarketing and call-recording laws, and the rules and guidelines of mobile carriers, messaging registries, and industry groups. Without limiting that responsibility, you agree to:
obtain and keep records of the legally required consent from each recipient before sending text messages or marketing emails or placing calls to them, including consent that clearly identifies your business and the type of messages the recipient will receive;
honor opt-out requests, including STOP replies and unsubscribe requests, promptly, and stop sending further messages to anyone who has opted out;
send messages only during lawful hours and only to recipients who have agreed to receive them, and not use purchased, rented, scraped, or third-party contact lists;
not send content that is unlawful, deceptive, or harassing, or that violates carrier content policies, including content involving illegal goods or services, hate speech, phishing, or other categories that carriers restrict;
provide accurate business information for any carrier or messaging registration required for texting, and keep that information current; and
give any notices and obtain any consents required by law before recording calls or using automated or artificial intelligence voice or chat features to communicate with people.
Mind Forge Studio does not provide legal advice on messaging compliance and does not review your recipient lists, consent records, or message content. Registration approval, message delivery, and throughput are controlled by carriers and other third parties, and Mind Forge Studio does not guarantee that any registration will be approved or that any message will be delivered.
42.8 Artificial Intelligence Features
AI chat and voice features generate responses automatically and may produce inaccurate, incomplete, or inappropriate responses. You are responsible for configuring those features, reviewing their performance, and the communications they send on your behalf. AI features are not a substitute for professional advice and should not be relied on for legal, medical, financial, or emergency communications. AI usage fees are billed at provider cost as described on the pricing page and may change when the provider changes them.
42.9 Third-Party Services and Payment Processing
NyartSuite is delivered using third-party providers, which may include cloud hosting, telephone and messaging carriers, email delivery, artificial intelligence, and payment processing providers. Section 14 applies to those providers, and Mind Forge Studio is not responsible for carrier filtering, delivery failures, outages, or other actions outside its reasonable control. If you collect payments from your own customers through NyartSuite, those payments are processed through your own connected payment account. Mind Forge Studio is not a party to those transactions, does not hold your funds, and is not responsible for your pricing, refunds, taxes, chargebacks, or disputes with your customers, or for the terms of your payment provider.
42.10 Suspension for Compliance or Safety
In addition to Sections 3, 9, and 34, Mind Forge Studio may immediately suspend or limit texting, calling, email, AI features, or your entire account if it reasonably believes your use violates this Section 42, creates a risk of carrier or provider penalties, spam complaints, or legal claims, or threatens the security or reputation of NyartSuite or its other customers. Mind Forge Studio may require you to correct the issue before service is restored and, where reasonably practicable, will tell you the reason for the suspension. Suspension for non-payment follows Section 9. Fees continue to apply during a suspension caused by your violation.
42.11 Cancellation
You may cancel a NyartSuite subscription at any time by emailing support@mindforgestudio.dev or by using any cancellation method Mind Forge Studio makes available in your account. Cancellation stops future renewal charges, your plan remains active through the end of the current billing term, and Sections 8.2 and 9 apply. Customer Data is retained for 90 days after deactivation as described in Section 9.
42.12 Support
Support for NyartSuite is provided by email and through help guides and video guides, and some plans include an onboarding call. Section 17 applies, and no specific response time or uptime is guaranteed.
42.13 Indemnification for Messaging and Content
Without limiting Section 33, you agree to defend, indemnify, and hold harmless Mind Forge Studio from claims, fines, penalties, carrier charges, and expenses, including reasonable attorneys’ fees, arising out of the messages, calls, emails, content, recipient lists, and consent practices you use through NyartSuite, including claims under the Telephone Consumer Protection Act and similar laws.
43. Contact Information
For legal notices or questions regarding these Terms, please contact:
legal@mindforgestudio.dev
For support, including NyartSuite support, please contact:
support@mindforgestudio.dev
By creating an account, making a purchase, downloading software, clicking to accept, or otherwise using the Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.