Terms of Service

Welcome to MintMCP. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

These Terms of Service (the "Terms") are a binding contract between you and Lutra AI, Inc. ("Lutra," "we" and "us"). MintMCP is a product offered by Lutra. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://mintmcp.com, send you an email, and/or notify you by some other means. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

MintMCP takes the privacy of its users very seriously. For the current MintMCP Privacy Policy, please see our Privacy Policy.

Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@mintmcp.com.

What are the basics of using MintMCP?

You may be required to sign up for an account by providing your email address (to which we will send a magic link for authentication) or by signing up with a supported single sign-on (SSO) provider (such as Google, Microsoft, etc.). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not use another person's email address or impersonate another person when creating your account. You may not transfer your account to anyone else without our prior written permission. When you sign up with an SSO provider, you permit us to access certain information from your SSO account as necessary for account creation and authentication. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your SSO provider account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law. You will not share your user account with anyone, and you must protect the security of your user account and any other access tools or credentials. You're responsible for any activity associated with your user account.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that MintMCP sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not use or interact with the Services in a manner that:

1. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by MintMCP;
2. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
3. jeopardizes the security of your MintMCP User ID, account or anyone else's (such as allowing someone else to log in to the Services as you);
4. attempts, in any manner, to obtain the user account or other security information from any other user;
5. violates the security of any computer network, or cracks security encryption codes;
6. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

Governance Configuration Rights

You retain ownership and control over all governance policies, access rules, security configurations, and MCP connection settings that you create through the Services (your "Governance Configurations"). Subject to these Terms, you have the right to modify, update, or delete your Governance Configurations at any time through the Services interface.

Data Control and Monitoring Rights

You have the right to control how data flows through your governed MCPs, including setting access permissions, data filtering rules, and usage policies. You also have the right to monitor and audit MCP interactions through your governance layer, including access to activity logs, usage analytics, and compliance reports generated by the Services.

Service Platform Rights

Subject to these Terms, we grant you a worldwide, non-exclusive, non-transferable license to access and use the Services' governance platform and virtual MCP infrastructure solely for managing and governing your MCP connections. You understand that MintMCP owns the underlying Services platform, infrastructure, and proprietary governance technology. You may not modify, reverse engineer, or attempt to extract the source code of our governance platform or virtual MCP technology.

What about governance configurations I create through the Services – do I have to grant any licenses to MintMCP?

Governance Configurations

Anything you configure, upload, or provide through the Services, including governance policies, access rules, security configurations, MCP connection settings, and related metadata is your "Governance Configuration". All Governance Configurations remain private to your organization and are not shared with other users of the Services.

You are solely responsible for all Governance Configurations you create through the Services and for ensuring that your governance policies and configurations comply with all applicable laws, regulations, and the terms of service of any third-party MCPs or data sources you govern through our Services.

You agree that you will not create Governance Configurations that:

• infringe any third party's rights (e.g., intellectual property, privacy rights, etc.);
• contain configurations designed to access unauthorized data or systems;
• implement governance policies that violate applicable privacy or data protection laws;
• are designed to circumvent security measures of third-party services;
• facilitate unlawful data collection or processing; or
• violate any law or regulation.

Service Processing License

In order to provide the governance Services to you, including implementing your governance policies and facilitating controlled MCP connections, you grant MintMCP a limited, worldwide, non-exclusive, royalty-free license to:

• process, store, and execute your Governance Configurations solely for the purpose of providing the Services to you;
• temporarily cache and transmit governance decisions and access controls as necessary to enforce your policies; and
• generate audit logs and compliance reports based on your Governance Configurations.

This is a service processing license only – your ownership of your Governance Configurations is not affected. This license automatically terminates when you delete the relevant configurations or terminate your account, subject to applicable data retention periods and legal requirements. We do not use your Governance Configurations for training AI models, improving our algorithms, or any purpose other than providing the Services to you.

You represent and warrant that you have all rights necessary to grant this license and that your Governance Configurations do not infringe or violate any third-party rights, including but not limited to privacy rights, intellectual property rights, or contractual obligations with third-party service providers.

You understand and agree that MintMCP, in performing the required technical steps to provide the governance Services, may need to format or adapt your Governance Configurations to work with different MCP protocols, APIs, or technical requirements of connected services. The foregoing license includes the rights to make such technical adaptations solely for service delivery purposes.

No Training or Model Improvement

MintMCP does not use any of your data, governance configurations, audit logs, or other information processed through the Services to train artificial intelligence models, machine learning algorithms, or to improve our Services for other users. Your data remains strictly segregated and is only processed to provide the governance Services to your organization.

Who is responsible for what I see and do on the Services?

Organizational Governance Responsibility

You are solely responsible for all governance policies, access controls, and configurations you create through the Services. This includes the business and operational consequences of your governance decisions, such as access being granted or denied to specific data sources or MCPs. MintMCP provides the governance infrastructure, but you are responsible for how you configure and use it.

Your organization is responsible for properly managing user roles and permissions within your account, including designating appropriate administrators and assigning granular access rights. You are responsible for ensuring that only authorized individuals have access to your organization's governance settings and for promptly removing access when team members leave your organization.

Administrator Authority and Succession

If you have multiple co-administrators, you are collectively responsible for coordinating governance decisions and resolving any internal disagreements about policies or access controls. MintMCP has no obligation to mediate disputes between co-administrators or other users within your organization.

You are responsible for establishing clear succession plans for administrative access. If all administrators become unavailable, MintMCP may require verification of corporate authority before granting access to new administrators, but we are not obligated to do so and are not liable for any business disruption during such transitions.

Third-Party MCP Services

The Services facilitate governance of third-party MCP providers and data sources that are not owned or controlled by MintMCP. When you configure governance for third-party MCPs, you accept that there are risks in connecting to external services, and that MintMCP is not responsible for the availability, security, or functionality of those third-party services.

MintMCP has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of third-party MCP providers or data sources that you govern through our Services. You are responsible for ensuring that your governance policies comply with the terms of service and legal requirements of any third-party services you connect through our platform.

Compliance and Legal Responsibility

You are responsible for ensuring that your governance configurations comply with all applicable laws, regulations, and internal policies of your organization. This includes data protection laws, privacy regulations, and any industry-specific compliance requirements. MintMCP provides governance tools, but you are responsible for configuring them appropriately for your legal and regulatory context.

Disputes and Liability Limitations

If there are disputes within your organization regarding governance policies, access controls, or administrative authority, you agree that MintMCP is under no obligation to become involved. In the event that you have disputes with other users within your organization or conflicts arising from governance decisions, you release MintMCP, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the governance decisions made through our Services.

Will MintMCP ever change the Services?

We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, add or remove supported MCP providers, or introduce new governance features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to disable or modify any configurations that violate these Terms (including, but not limited to, configurations that attempt unauthorized access to data or systems), in our sole discretion, and with reasonable notice when practical.

Do the Services cost anything?

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

Paid Services. Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe's Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT US AT support@mintmcp.com.

Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CONTACTING US AT support@mintmcp.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done by contacting us at support@mintmcp.com, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, contact us at support@mintmcp.com. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service by contacting us at support@mintmcp.com or terminate your MintMCP account before the end of the recurring TERM. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, MintMCP will not refund any fees that you have already paid.

Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@mintmcp.com.

What if I want to stop using the Services?

You're free to do that at any time by contacting us at support@mintmcp.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

MintMCP is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. MintMCP has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination will result in the cessation of all governance enforcement and the disconnection of your MCP connections. Your governance configurations and policies will be permanently deleted after a reasonable transition period. We recommend exporting your governance configurations before terminating your account if you wish to preserve them.

If you have deleted your account by mistake, contact us immediately at support@mintmcp.com – we will try to help, but unfortunately, we can't promise that we can recover or restore your governance configurations once they have been deleted.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Can I refer other users?

From time to time MintMCP may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page. The referring user ("Referrer") may refer individuals or entities who are neither current customers of MintMCP nor registered users of the Services ("Referee"). A registered user is a person or entity that already has an existing account with MintMCP. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. MintMCP reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at MintMCP's discretion for any reason or for no reason whatsoever. If MintMCP determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, MintMCP reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by MintMCP to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.

What else do I need to know?

Warranty Disclaimer. MintMCP and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (MintMCP and all such parties together, the "MintMCP Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the MintMCP Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The MintMCP Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY MINTMCP (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE MINTMCP PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO MINTMCP IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the MintMCP Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without MintMCP's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with MintMCP and limits the manner in which you can seek relief from MintMCP. Both you and MintMCP acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, MintMCP's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

1. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Santa Clara County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
2. Costs of Arbitration. The Rules will govern payment of all arbitration fees. MintMCP will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. MintMCP will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
3. Small Claims Court; Infringement. Either you or MintMCP may assert claims, if they qualify, in small claims court in Santa Clara County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
4. Waiver of Jury Trial. YOU AND MINTMCP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and MintMCP are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and MintMCP over whether to vacate or enforce an arbitration award, YOU AND MINTMCP WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor MintMCP is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
6. Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: MintMCP, 800 W El Camino Real #180, Mountain View, CA 94040 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.
7. Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or MintMCP to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and MintMCP agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Santa Clara County, California, or the federal district in which that county falls.
8. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with MintMCP.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the MintMCP may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and MintMCP agree that these Terms are the complete and exclusive statement of the mutual understanding between you and MintMCP, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of MintMCP, and you do not have any authority of any kind to bind MintMCP in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and MintMCP agree there are no third-party beneficiaries intended under these Terms.