TERMS OF SERVICE

1. Acceptance of Terms

Welcome to Myndworx Asylum. By accessing or using our websites and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you and Myndworx Asylum ("Company," "we," "us," or "our") governing your use of our websites, applications, and services.

2. Description of Services

Myndworx Asylum operates a collection of unique platforms and services:

2.1 Main Portal

Our central gateway providing access to all Myndworx initiatives and ventures.

2.2 Cindervail Dragon Registry

A whimsical registry service for tracking dragon egg lineage, history, and lore dating back to 1894.

2.3 Handmade Treasures

An artisan marketplace connecting independent creators with customers seeking handcrafted goods.

2.4 Software Forge

A software development platform offering proprietary software products and open-source projects.

2.5 Parrot Project

A community-driven environmental IoT monitoring initiative deploying sensors across Australia.

3. Accounts & Registration

3.1 Account Creation

Some services may require you to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

3.2 Account Restrictions

You may not:

• Create accounts using false information
• Create multiple accounts to circumvent restrictions
• Share your account credentials with others
• Use another person's account without permission

4. Acceptable Use

You agree not to use our services for any unlawful purpose or in violation of these Terms. Prohibited activities include, but are not limited to:

4.1 Prohibited Content

• Content that is illegal, harmful, threatening, abusive, or defamatory
• Content that infringes intellectual property rights
• Spam, misleading, or deceptive content
• Content containing malware or harmful code
• Harassment, hate speech, or discriminatory content

4.2 Prohibited Conduct

• Attempting to gain unauthorized access to our systems
• Interfering with or disrupting our services or servers
• Collecting user information without consent
• Using automated systems (bots, scrapers) without permission
• Engaging in fraud or misrepresentation
• Violating any applicable laws or regulations

4.3 Enforcement

We reserve the right to suspend or terminate accounts and access for violations of these Terms, with or without notice.

5. Intellectual Property

5.1 Our Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, software, and data compilations, are the exclusive property of Myndworx Asylum or its licensors and are protected by intellectual property laws.

5.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for personal, non-commercial purposes.

5.3 Restrictions

You may not:

• Copy, modify, distribute, or create derivative works from our content
• Reverse engineer or attempt to extract source code from our software
• Remove any proprietary notices from our content
• Use our content for commercial purposes without permission

5.4 Open Source Components

Some software components are provided under open-source licenses. Such components remain subject to their respective license terms.

6. User Content

6.1 Definition

"User Content" means any content you submit, upload, or contribute to our services, including contact form submissions, dragon registry entries, store listings, and Parrot Project data.

6.2 Ownership

You retain ownership of your User Content. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with our services.

6.3 Representations

You represent and warrant that:

• You own or have the necessary rights to submit your content
• Your content does not infringe any third-party rights
• Your content complies with these Terms and applicable laws

7. Curiosities in Resin Terms

7.1 Purchases

When you make a purchase through Curiosities in Resin (our handmade artisan marketplace):

• You agree to pay all charges, including applicable taxes and shipping
• You provide accurate billing and shipping information
• Sales are subject to individual artisan's return policies
• You are at least 18 years old or have parental consent to make purchases

7.2 Payment Processing

We use Square for payment processing across all our shops, including Curiosities in Resin, Curiosities in Light, and the Myndworx Asylum Fabrication Facility. By making a purchase, you agree to:

• Provide accurate and current payment information
• Authorize us to charge your chosen payment method for the total order amount
• Pay any applicable taxes, shipping fees, and handling charges

Security: We do not store your complete credit card or bank account information on our servers. All payment data is encrypted and processed securely by Square, which is PCI-DSS compliant.

7.3 Pricing and Product Information

We strive for accuracy in pricing and product descriptions. However:

• All items are handmade and may vary slightly from photographs
• Prices are subject to change without notice
• In the event of a pricing error, we reserve the right to cancel orders and issue full refunds
• Product colors may appear differently due to monitor settings

Handmade items may contain minor imperfections or variations that are characteristic of handcrafted goods. These are not defects but rather evidence of the artisan's hand in creating each unique piece.

7.4 Shipping and Delivery

Shipping terms and delivery times vary by artisan. Generally:

• Processing times are listed on each product and vary by artisan
• Shipping carriers and methods are selected by individual artisans
• International shipping may incur customs duties and taxes (buyer's responsibility)
• We are not responsible for delays caused by shipping carriers, customs, or weather

Risk of Loss: Title and risk of loss for items pass to you upon delivery to the shipping carrier. We recommend shipping insurance for valuable items.

7.5 Returns, Refunds, and Cancellations

Return and refund policies are determined by individual artisans. Before purchasing, please review each artisan's policies regarding:

• Return window and conditions
• Refund method (store credit, exchange, or original payment method)
• Restocking fees, if any
• Cancellation eligibility before shipment

Buyer Protection: If an item arrives significantly different from its description, is damaged in transit, or never arrives, you may be eligible for our Buyer Protection program. Contact us within 14 days of expected delivery to initiate a claim.

7.6 Chargebacks and Payment Disputes

If you have an issue with a purchase, please contact the artisan or our support team before initiating a chargeback. Filing a chargeback without first attempting resolution through our platform may result in:

• Suspension of your account
• Inability to make future purchases
• Contestation of the chargeback with evidence of delivery or service

We maintain records of all transactions and delivery confirmations for dispute resolution purposes.

7.7 Artisan Relationships

Curiosities in Resin features handcrafted items from independent artisans. Each artisan is an independent seller responsible for:

• Product quality and accuracy of descriptions
• Timely shipping and handling
• Customer service for their products
• Compliance with applicable tax and business regulations

7.8 Artisan Verification

We reserve the right to verify artisan identity and product authenticity. However, we cannot guarantee the reliability of any artisan or the authenticity, quality, or safety of any product. You purchase at your own risk.

7.9 Taxes

Sales tax is collected where required by law. For international orders, you are responsible for any customs duties, import taxes, or fees charged by your country. We cannot mark purchases as "gift" to avoid customs fees.

7.10 Prohibited Purchase Activities

You may not:

• Use stolen or fraudulent payment information
• Purchase items for resale without artisan permission
• Make false claims about products or artisans
• Coordinate mass purchases to manipulate artisan inventory
• Abuse discount codes or promotional offers

8. Parrot Project Terms

8.1 Open Data

Environmental data collected by Parrot Project sensors is published as open data. By participating, you acknowledge that sensor data will be publicly available.

8.2 Node Hosting

Node hosts agree to:

• Install and maintain sensors according to provided guidelines
• Provide accurate location information
• Report any issues or malfunctions promptly
• Allow sensor data to be published as open data

8.3 Hardware

Parrot Project hardware designs are open-source. You may build, modify, and distribute hardware according to the applicable open-source license terms.

9. Curiosities in Light Terms

9.1 Shop Overview

Curiosities in Light is our specialty shop offering:

• Cindervail Dragon Eggs - Artisan-crafted collectible eggs, each with unique lineage and lore
• Floating Chess Boards - Handcrafted levitating chess sets combining art and engineering

All purchases through Curiosities in Light are processed securely via Square.

9.2 The Cindervail Dragon Registry

The Registry is part of the rich lore surrounding our dragon egg collectibles. When you purchase a Cindervail Dragon Egg:

• Your egg is automatically entered into the official Registry
• You receive documentation of your egg's unique lineage
• You become part of the ongoing Cindervail narrative dating back to 1894

Lore Acknowledgment: The Cindervail Dragon Registry is a creative fiction project that enhances our collectible eggs. All dragon entries, lineage information, and historical records are works of imagination that add value and story to your purchase.

9.3 Registry Contributions

By submitting entries or lore contributions to the Registry, you:

• Grant us permission to incorporate your submissions into the official registry
• Acknowledge that submissions become part of the shared creative universe
• Agree that your contributions may be edited for consistency and lore compliance

9.4 Floating Chess Boards

Our levitating chess boards are precision-engineered art pieces. Please note:

• Each board is handmade and may have slight variations
• Proper care instructions must be followed for optimal performance
• Magnetic levitation components require specific handling
• Warranty terms are included with each purchase

10. Myndworx Asylum Fabrication Facility Terms

10.1 Software Licensing

Software available through the Fabrication Facility is provided under various license types:

Proprietary Software

For our proprietary software products:

• You are granted a non-exclusive, non-transferable license to use the software
• Source code remains the property of Myndworx Asylum
• Reverse engineering, decompilation, or redistribution is prohibited
• Licenses may be personal, commercial, or enterprise-tier with varying rights
• Activation keys may be required and are tied to specific users or devices

Open-Source Software

Open-source projects are released under their respective licenses (MIT, GPL, Apache, etc.):

• License terms are clearly indicated in each project's repository
• You may use, modify, and distribute according to the specific license
• Contributions to open-source projects become subject to project contribution agreements
• We are not obligated to provide support for open-source releases

10.2 Downloads and Updates

When downloading software:

• You are responsible for ensuring compatibility with your systems
• Updates may be provided but are not guaranteed for all products
• We may discontinue products with reasonable notice
• Backup your data before installing updates

10.3 API Access

For software offering API access:

• API keys are personal and must not be shared
• Rate limits apply and may change without notice
• We may revoke access for abuse or violation of terms
• API usage data may be collected for service improvement

10.4 Software Warranties

Software is provided "as is" without warranty of any kind. We do not warrant that:

• Software will be error-free or uninterrupted
• Software will meet your specific requirements
• Security vulnerabilities will not exist
• Data loss will not occur (always maintain backups)

10.5 Support

Support availability varies by product:

• Paid software may include support as specified at purchase
• Open-source projects are community-supported
• Premium support may be available for additional fees
• Response times are not guaranteed unless specified in support contracts

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT

WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYNDWORX ASYLUM SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES
• ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• ANY DAMAGES RESULTING FROM THIRD-PARTY CONDUCT ON OUR SERVICES

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR (B) $100 USD.

13. Indemnification

You agree to indemnify, defend, and hold harmless Myndworx Asylum and its officers, directors, employees, agents, and affiliates from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of or relating to:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

14. Termination

We may terminate or suspend your access to our services at any time, with or without cause, with or without notice. Upon termination:

• Your right to use our services ceases immediately
• We may delete your account and associated data
• Provisions of these Terms that by their nature should survive will remain in effect

You may terminate your account at any time by contacting us. Termination does not relieve you of obligations incurred prior to termination.

15. Dispute Resolution

15.1 Binding Arbitration

Any dispute arising from these Terms or our services shall be resolved through binding arbitration, except for disputes that may be taken to small claims court.

15.2 Class Action Waiver

You agree not to participate in class actions, class arbitrations, or representative actions against us. You waive the right to act as a class representative.

15.3 Governing Law

These Terms shall be governed by the laws of the jurisdiction in which Myndworx Asylum is organized, without regard to conflict of law principles.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting. Your continued use of our services after changes constitutes acceptance of the modified Terms.

We will notify users of material changes through our website or email. We encourage you to review these Terms periodically.

17. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with applicable laws. Any disputes shall be resolved in the courts of the applicable jurisdiction, unless otherwise specified in the Dispute Resolution section.

18. Contact Information

For questions about these Terms of Service, please contact us:

19. Miscellaneous

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision does not constitute a waiver. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Myndworx Asylum.