General
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR APPS AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS HEREIN. IF YOU DO NOT EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR APPS OR ANY OF OUR SERVICES.
1. Introduction Welcome to Gistmine! Gistmine (we” or “us”) is a revolutionary platform (the “Platform”) for creating and sharing content using hashtags and allowing you to monetise conversational chains.
The following Terms of Service Agreement (the "Terms") is a legally binding agreement that shall govern the relationship between you and others who may access, interact or interface with the Platform and related services (“Services” or “Service”).
Gistmine is operated by Pixzzart Technologies (UK) Limited with registered office at 7 Spa Road, London SE16 3QP. Registered in England and Wales Number 12179307. Branch Office, Floor 6, International House, 4 Maddox Street, London, W1S 1QP.
2. Our Services We agree to provide you with Gistmine Service which includes all of the Gistmine features, applications, services and technologies with a mission to respect your privacy and transformation lives around the world by facilitating better monetisation of user generated content. Letting you share and earn your way.
As our Service scales and we grow, we may incorporate more automated technologies, machine learning technology and artificial intelligence to maintain and improve the serve. However, only where such implementation will be a positive benefit to users and inline with our commitment to privacy and social and mental health of the wider society.
The Services are provided primarily for private use by “you” or “your” use as the user of the Platform and associated Services. For the purposes of business these Terms and additional terms and conditions may apply.
Our Platform and Services are only for use by people 13 years old and over with transactions or business account use for users 18 years and over.
You can use the Services and the Platform via the Gistmine mobile apps (“App”) and through our Website application (“Website”) with limited functionality.
Our Services allow you to create, publish and share various types of content with other users including interacting with content by other users, all controlled by conversational topical hashtag chains. The Service offering are as follows:
Register and Transfer Hashtags: This include you being able to:
Create and share: This include you being able to:
Search, Discover and Consume: This include you being able to:
Contact and Interact With Other Users: This include you being able to:
Set Account Type: This include you being able to:
How Does Our Service Generate Money The use of the Service is generally free inline with similar social network platforms. However, we DO NOT sell your data to anyone, or track you outside our Service and where it is necessary to collect data, it is the minimum required to provide you with the Service.
We fund our service from hashtags top-ranking rights, searches, user cross promotions, brands collaborations and some sponsored promotions. We may use your selected interests to show you relevant promotions in the future but do not subscribe to invasive model or share your details with any sponsor. Promotions may include branded content by other users who collaborate to promote commercial products or services for a brand or business.
We record and provide sponsors with insight report on the interactions with their promotions to gauge performance but do not share any information you have not permitted that directly identifies such as you email, telephone number, address.
3. Acceptance of Terms By registering, accessing or using the Platform and Services, you agree that you are able and voluntarily entering into a legally binding contract with Gistmine as stated in this terms herein. If any aspect of this agreement is unenforceable or there is a conflict with the agreement herein, the other terms will govern and the rest remain in effect.
You confirm you are aged 13 years or over, and accept these Terms and conditions, Hashtag Registration Agreement, Hashtag Transfer Agreement, privacy policy, Platform Guidelines and additional policies which may be found within our App or website including our privacy and data policy.
We can remove any content or information you share from the Platform or Services if it is deemed to violate these Terms and other policies including Platform guidelines or law.
If you are accessing or using the Platform and Services on behalf of a business, brand, institution or entity, then You warrant that you are authorised to represent, enter and bind the business, brand, institution or entity to these terms. This responsibility to employees, agents or other contractors authorised by you, business, brand, institution or entity.
4. Changes to the Terms and Services We reserve the right to change and update these Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply to your use of the Platform and Services. These changes may reflect changes to features or regulation.
By continuing to access and use the Platform and Services, you will be deemed to have agreed to any changes or updates to our Website Terms.
We will also endeavour to provide you with reasonable notice in advance to allow you to accept any such changes or stop using the Platform and the Services.
5. Using Our Services You may need to create a user account profile in order to access or use some of the features or Services available on the Platform. You must keep any passwords or pins safe and confidential and do not disclose them to a third-party. We must be notified of any serious compromise and efforts made to change all passwords or pins relating to Services on the Platform.
6. Termination We reserve the right to temporarily suspend, permanently disable or terminate your user account profile at any time without notice. This action may include limit or restrict your access and use of certain Services or features within the Platform. This may be done for a number of reasons but not limited to the following:
We will also endeavour to provide you with reasonable notice in advance to allow you to move or download or save you content and other information where it is outside law enforcement request. such changes or stop using the Platform and the Services.
You may choose to suspend or close and delete your account at any time using facility provided with the Platform.
7. Services Use
You may access to and use of the Platform and Services subject to these Terms herein with certain restrictions. Here is an outline of what you can and can not do on the Platform and Services;
What You May Do:
What You Must Not Do:
We reserve the right, at any time and without prior notice, to temporarily suspend access to your account or permanently disable the account where we feel these terms, policy and Platform Guidelines have been violated or a user poses a major risk.
8. Intellectual Property Rights We respects the rights of copyright owners and any proprietary or intellectual property (including trademarks). All rights of the authors of the works protected, reproduced and communicated on this site are reserved.
You agree to post and share only content that you have the permission and all necessary rights to do so on the Platform and Services.
In addition, you agree only to choose and use a username which does not infringe on any third-party trademark or intellectual property as seen by law.
If any copyright owners believe that their right is being infringed upon by any information or material on our Platform and Service, we will make reasonable effort to rectify this as swiftly as possible.
Lastly, You do acknowledge and agree that our Platform and Services shall contain proprietary and confidential material that is protected by applicable trademarks and intellectual property rights and other laws. Therefore, except for that permitted and authorised herein by Gistmine and applicable law, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, present publicly and/or created any variant based on the Platform and Services in part or whole.
9. Trademark All trademarks, symbols, slogans or logos are property of their respective owners. If any trademark owners who believe their trademark is being unfairly used, please contact us and we will make all reasonable efforts to remedy the situation.
10. Content In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Platform and Services. By displaying Your Content, you grant Gistmine a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Gistmine reserves the right to remove any of Your Content from the Platform and Services at any time without notice.
Additionally, it understood that you or any of your licensors will own any User Content you upload or transmit through the Platform and Services.
Your Content (User-Generated Content)
Our Content In these Terms and Conditions, “Our Content” shall mean all content, software, API, any audio, video, text, images, sound, music, graphics, logo, trademark, patents, all related intellectual property rights , user interface, user experience, aesthetic or other material (the “Gistmine Content”), either owned or licensed by Gistmine on the Platform or through the Services.
11. E-mail Communication Consent By creating an account, you grant Gistmine permission to contact you at the e-mail address provided as well as through any social media accounts (if relevant). You are free at any time to update and manage those details through settings within your Gistmine account.
11. Force Majeure Operation of our Services may be affected by a number of factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from factors beyond Gistmine's control.
12. Severity If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
13. Purchasing From Platform Whenever you use our Platform and Services to order a product or service from Gistmine, our Terms and Conditions will apply to your use of the Platform or Services in addition to these General Terms and Conditions of Sale. The Gistmine reserves the right to refuse or cancel any order or close an account (even if we have previously confirmed your order). If this happens to you and you think we’ve made a mistake, please contact our Customer Services team.
14. Global Use Export / Import Our Platform and Services is available to global use due to the internet network, however you acknowledge and hereby agree to comply with all local, national and international regulations rules relating to acceptable online interactions, transactions, sanctions or conduct by those laws (including applicable export and import laws).
15. Commercial Reuse You acknowledge and agree herein that must not copy, replicate, distribute, duplicate, transfer, transmit, broadcast, lease, loan, trade, sell, resell nor exploit for commercial reason any part of the Platform and Service other than that stated in this agreement without clear written authorisation.
16. Third Party Advertising We may host third party advertising at Gistmine. When we do we take measures to limit the amount of data that is shared with these parties, and use extra protections for customers using our Services from within the United Kingdom and European Economic Area (EEA). The advertising that we run differs depending on where and how you are accessing our Services.
17. Security You are responsible for maintaining the confidentiality of your password and account, configuring any devices and any activities that occur under your account. The Gistmine shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password, account, devices or order related emails accounts.
18. Accuracy of Content To the extent permitted by applicable law, Gistmine disclaims all representations and warranties, express or implied, that content or information displayed in or on this Platform and Services is accurate, complete, up-to-date and/or does not infringe the rights of any third party. Content can and will be changed in order to make the information as accurate as possible over time.
19. Links Gistmine, other users or any third parties may provide links to other websites and/or services . You acknowledge and agree that we are not responsible for the availability of any such external sites, platforms or services, and as such, we do not endorse, nor are we responsible or liable for any content, products, services, advertising or any other materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Gistmine, shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such links, resource or services.
20. Assignment This agreement does not give rights to any third parties, so you cannot transfer your rights or obligations under this agreement without prior consent from us.
Our rights and obligations can be assigned, transferred or subcontracted to others without notification.
21. Indemnity You hereby agree to defend, indemnify and hold harmless to the fullest extent Gistmine, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all from and against any and/or all liabilities, costs, demands, causes of action, losses, damages and expenses including attorney's fees and cost arising in any way related to your breach of any of the provisions of these Terms.
22. No Warranties Our Platform or Services is provided “as is,” with all faults, and Gistmine express no representations or warranties, of any kind related to this Platform and Services, your use or the materials contained on this Platform and Services. Also, nothing contained on this Platform and Services shall be interpreted as advising you.
To the extent allowed under applicable law, no conditions, representations, warranties, statements or other terms including satisfactory quality, fit for purpose or consistent with description apply to the Platform and Services except to the extent set out herein. We may change, suspend, withdraw or restrict the availability of all or any part of our Platform or Services any reason at any time without notice.
23. Limitation of Liability In no event shall Gistmine, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Platform or Services whether such liability is under contract. Gistmine, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Platform or Services.
You are responsible for any charges including from your mobile service provider that may apply for the use of the Platform and Services.
Gistmine Platform and Services is provided for private and domestic use. You agree not to use the platform or Services for business or commercial unless authorised to do so by us.
24. Open Source The Platform and Services may contain certain open source software. Those elements of open source software is subject to its own applicable license terms.
25. No Waiver Our failure to insist upon or enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right under these Terms nor shall it prevent or restrict the further exercise of those rights or any other rights.
26. Privacy Policy You acknowledge and agree that in certain circumstances, we reserve the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded to our Platform and Services constitutes a violation of their intellectual property rights, or their right to privacy.
These Terms of Service incorporate the terms of Gistmine Privacy Policy
27. Entire Agreement These Terms constitute the entire agreement between Gistmine and you in relation to your use of this Platform and Services, and supersede all prior agreements and understandings.
28. Governing Law and Jurisdiction These Terms and any dispute or claim will be governed by and interpreted in accordance with the laws of England and Wales, and you submit to the non-exclusive jurisdiction of the courts located in England and Wales within the United Kingdom.
Privacy Policy
We are commited to privacy and secure use of our platform. Our privacy policy can be found by visiting and reading the policy here.