TERMS OF SERVICE

Last Updated: October 16, 2025


AGREEMENT TO TERMS

These Terms of Service ("Terms") govern your access to and use of the Mirwais Portfolio Website ("Website," "Service," "we," "us," or "our"). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Website.

Table of Contents

1. DEFINITIONS

For the purposes of these Terms:

  • "Website" or "Service" refers to the Mirwais Portfolio Website accessible at themirwais.com and any related services, features, content, or applications.
  • "We," "us," "our," or "Company" refers to the operator of this Website, Mirwais, located in Hamburg, Germany.
  • "You," "your," or "User" refers to the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.
  • "Content" refers to all text, graphics, images, music, software, audio, video, information, blog posts, code samples, or other materials appearing on or available through the Service.
  • "User Content" refers to any content, materials, or information that you submit, upload, or transmit through the Service (e.g., comments, contact form messages).
  • "Personal Data" means any information relating to an identified or identifiable individual, as defined in our Privacy Policy.

2. USE OF WEBSITE

License to Use

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

Eligibility

You must be at least 16 years old (or 13 in the United States) to use this Website. By using the Website, you represent and warrant that you meet this age requirement. If you are under the required age, you may not use the Website.

Acceptable Use

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

  • Violate any applicable local, state, national, or international law or regulation
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
  • Use the Website in any manner that could disable, overburden, damage, or impair the site
  • Attempt to gain unauthorized access to any portion of the Website or any systems or networks

3. USER ACCOUNTS AND REGISTRATION

Currently, our Website does not require user account creation for basic access. If we introduce account registration in the future, additional terms will apply and will be communicated to you.

If you submit information through contact forms or subscribe to our services, you are responsible for maintaining the confidentiality of any information you provide and for all activities that occur under your submissions.

4. USER CONTENT AND SUBMISSIONS

Your Content

You may submit content through our contact forms, comments, or other interactive features (collectively, "User Content"). You retain all rights in your User Content but grant us certain rights as described below.

License Grant

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with operating and providing the Service.

Content Standards

You represent and warrant that your User Content:

  • Is accurate and not misleading
  • Does not violate any third-party rights (including intellectual property rights)
  • Does not contain viruses, malware, or other harmful code
  • Does not violate any applicable laws or regulations
  • Is not defamatory, obscene, threatening, harassing, or hate speech
  • Does not contain spam, advertising, or promotional content (unless authorized)

Monitoring and Removal

We reserve the right (but have no obligation) to monitor, edit, or remove any User Content at any time without notice for any reason, including violation of these Terms.

5. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, code samples, design, selection, and arrangement) are owned by us, our licensors, or other content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited Use of Our Content

You may view, download, and print pages from the Website for your personal, non-commercial use, subject to the following conditions:

  • You must not modify copies of any materials from this site
  • You must not use any illustrations, photographs, video or audio, or any graphics separately from accompanying text
  • You must ensure that any copyright, trademark, or other proprietary rights notices are not removed
  • You must not use any part of the content for commercial purposes without obtaining a license from us

Code Samples and Blog Content

Code samples and technical content shared on our blog may be used for educational and personal project purposes. However, you must attribute the source and may not republish entire articles or substantial portions without permission.

Trademarks

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission.

6. PROHIBITED ACTIVITIES

In addition to other restrictions set forth in these Terms, you agree not to engage in any of the following prohibited activities:

  • Systematically retrieve data or content from the Website to create a collection, compilation, database, or directory without written permission
  • Make unauthorized use of the Website, including collecting usernames and/or email addresses by electronic or other means
  • Circumvent, disable, or otherwise interfere with security-related features of the Website
  • Engage in unauthorized framing of or linking to the Website
  • Trick, defraud, or mislead us or other users, especially in attempts to learn sensitive account information
  • Make improper use of our support services or submit false reports of abuse or misconduct
  • Engage in automated use of the system (e.g., using scripts, bots, spiders, or web crawlers)
  • Interfere with, disrupt, or create an undue burden on the Website or networks connected to it
  • Attempt to impersonate another user or person or use another user's information
  • Sell or transfer your profile or use the Website for commercial purposes not approved by us
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Website
  • Use the Website in a manner inconsistent with any applicable laws or regulations
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing the Service
  • Delete the copyright or other proprietary rights notice from any Content
  • Copy or adapt the Website's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. 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 we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Third-Party Services We Use

Our Website uses or may use third-party services including but not limited to:

  • Google Analytics: For website analytics (subject to Google's terms)
  • Social Media Platforms: For social sharing features (Facebook, Twitter, LinkedIn, Instagram)
  • Hosting Providers: For website hosting and content delivery
  • Form Processing Services: For contact form submissions

8. DISCLAIMERS AND WARRANTIES

No Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components
  • Warranties regarding the accuracy, reliability, or completeness of content on the Website

No Professional Advice

The content on our Website is for general informational and educational purposes only. It is not intended to be, and should not be relied upon as, professional, legal, financial, or technical advice. Always seek the advice of qualified professionals for specific situations.

Code Samples and Technical Content

Code samples, tutorials, and technical articles are provided for educational purposes. While we strive for accuracy, we make no guarantees that code will work in all environments or meet your specific requirements. Use at your own risk and always test thoroughly before using in production environments.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from your access to or use of (or inability to access or use) the Website
  • Damages resulting from any conduct or content of third parties on the Website
  • Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, TO ACCESS OR USE THE WEBSITE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our affiliates, licensors, and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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
  • Your use of the Website
  • Your User Content
  • Your violation of any third-party rights, including intellectual property rights
  • Your violation of any applicable laws or regulations
  • Any harm caused to third parties through your use of the Website

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

11. TERMINATION

Our Right to Terminate

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Effect of Termination

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Your Right to Terminate

You may stop using the Website at any time. If you wish to request deletion of your personal data, please refer to our Privacy Policy.

12. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

For Users in the European Union

If you are a consumer resident in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory local law provisions.

For Users in the United States

If you are a resident of the United States, certain state laws may apply to you in addition to these Terms.

For Users in Canada

If you are a resident of Canada, federal and provincial laws may apply to you in addition to these Terms.

Dispute Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting us at [email protected].

Jurisdiction

For any disputes that cannot be resolved informally, you agree to submit to the exclusive jurisdiction of the courts of Hamburg, Germany, except where prohibited by applicable law.

EU Online Dispute Resolution

If you are a consumer resident in the European Union, you may also use the Online Dispute Resolution (ODR) platform provided by the European Commission at https://ec.europa.eu/consumers/odr.

13. CHANGES TO THESE TERMS

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes by:

  • Posting the new Terms on this page
  • Updating the "Last Updated" date at the top
  • Sending an email notification (if we have your email address)
  • Posting a notice on our Website

Material changes will take effect 30 days after they are posted, unless otherwise stated. Changes to address new functions or made for legal reasons will be effective immediately.

Your continued use of the Website after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Website.

We encourage you to review these Terms periodically for any changes.

14. MISCELLANEOUS PROVISIONS

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and us concerning the Website.

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 provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice to you.

Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

Language

These Terms are written in English. If we provide a translated version, the English version will prevail in case of any conflict.

Electronic Communications

By using the Website, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

No Agency Relationship

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

15. CONTACT US

If you have any questions, comments, or concerns about these Terms of Service, please contact us:

  • Email: [email protected]
  • Location: Hamburg, Germany
  • Contact Form: Available on our website

For privacy-related inquiries, please refer to our Privacy Policy or contact us using the information above.

Last Updated: October 16, 2025

Thank you for reading our Terms of Service. By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.