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Terms of Service

Last updated: February 9, 2026

1. Acceptance of Terms

By accessing or using the Mindwerks website located at mindwerks.io (the “Site”), or by engaging Mindwerks for any services, you agree to be bound by these Terms of Service (the “Terms”). If you do not agree to all of these Terms, you must not access or use the Site or our services.

“Mindwerks,” “we,” “us,” and “our” refer to Mindwerks, a company based in Miami, Florida. “You” and “your” refer to the individual or entity accessing the Site or engaging our services.

2. Description of Services

Mindwerks provides custom software development, business process automation, web and e-commerce development, AI and machine learning solutions, system integration, UI/UX design, cloud and DevOps services, quality assurance, consulting, and ongoing maintenance and support (collectively, the “Services”).

The specific scope, deliverables, timelines, and fees for any engagement are defined in a separate Statement of Work (SOW) or service agreement executed between you and Mindwerks. These Terms govern your use of the Site and supplement any such agreements.

3. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
  • Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
  • Use the Site to transmit any advertising or promotional material without our prior written consent, including spam or similar solicitation
  • Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful
  • Engage in any conduct that restricts or inhibits any other person’s use or enjoyment of the Site
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission

4. Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, and the design, selection, and arrangement thereof) are owned by Mindwerks, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without the prior written consent of Mindwerks, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution

5. Intellectual Property in Client Work

Ownership of work product created during a client engagement (including custom software, designs, and documentation) is governed by the applicable SOW or service agreement between you and Mindwerks. Unless otherwise specified in a signed agreement:

  • Upon full payment, the client receives ownership of all custom deliverables created specifically for the engagement
  • Mindwerks retains ownership of pre-existing tools, frameworks, libraries, and proprietary code that may be incorporated into deliverables, with a perpetual, non-exclusive license granted to the client for use in the delivered project
  • Mindwerks retains the right to use general knowledge, skills, techniques, and experience gained during the engagement

6. User Content and Submissions

Any content, materials, or information you submit through the Site (including contact form submissions, blog comments, or project descriptions) remain your property. By submitting content, you grant Mindwerks a non-exclusive, royalty-free, worldwide license to use, display, and process such content solely for the purpose of responding to your inquiry or providing the requested services.

You represent and warrant that you own or control all rights in and to any content you submit and that such content does not violate any third party’s rights.

7. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

8. Disclaimer of Warranties

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, MINDWERKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MINDWERKS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDWERKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • Your access to or use of (or inability to access or use) the Site
  • Any conduct or content of any third party on the Site
  • Any content obtained from the Site
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL MINDWERKS’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE EXCEED THE AMOUNT YOU PAID TO MINDWERKS, IF ANY, DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mindwerks and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.

11. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Mindwerks. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Mindwerks shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, United States, and you consent to the personal jurisdiction of such courts.

13. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days.

If the dispute cannot be resolved through negotiation, it shall be settled by binding arbitration administered in Miami-Dade County, Florida, United States, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator. The language of the arbitration shall be English.

The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction in Miami-Dade County, Florida. Each party shall bear its own costs and attorneys’ fees, unless the arbitrator determines otherwise.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the state or federal courts located in Miami-Dade County, Florida, to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect by posting the updated Terms on the Site with a revised “Last updated” date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

17. Entire Agreement

These Terms, together with the Privacy Policy and any applicable SOW or service agreement, constitute the entire agreement between you and Mindwerks with respect to the Site and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Mindwerks regarding the Site.

18. Contact

If you have questions about these Terms, please contact us at:

Mindwerks
66 W Flagler Street, 9th Floor
Miami, FL 33130
hello@mindwerks.io