Terms of Service

These Terms of Service ("Terms") govern your use of the Mineral Wild mobile application (the "App") and related websites and services (collectively, the "Service") operated by Mineral Wild LLC, a Delaware limited liability company ("Mineral Wild," "we," "us," or "our").

By creating an account, signing in, or otherwise using the App, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the App.

1. Eligibility

You must be at least 16 years old to create an account or use the App. By using the App, you represent that you meet this age requirement.

If you are between 16 and 18 years old (or the age of majority in your jurisdiction, whichever is higher), your parent or legal guardian must agree to these Terms on your behalf. By permitting a minor to use the App, the parent or guardian agrees to be bound by these Terms, including the arbitration, indemnification, and limitation-of-liability provisions.

We do not knowingly accept users below 16. If we learn that an account was created by someone under 16, we will close it and delete associated personal data in accordance with the Privacy Policy.

2. Your Account

2.1 Account Creation

You may create an account using a verified email address and password, or via Sign in with Apple or Sign in with Google. You agree to provide accurate information when creating your account and to keep it current. You are responsible for maintaining the confidentiality of your credentials.

2.2 Account Security

You are responsible for all activity occurring under your account. Notify us at mineralwild@gmail.com immediately if you suspect unauthorized use.

2.3 One Account per Person

One natural person per account. Shared accounts, bot accounts, automated accounts, or operating multiple accounts to circumvent these Terms are prohibited.

2.4 Account Deletion

You may delete your account at any time through the App (Settings → Delete Account). Deletion enters a 30-day grace period during which you may cancel by signing back in. After the grace period, your personal data and content are permanently deleted as described in the Privacy Policy, subject to limited retention obligations (anonymized listing prices, anonymized message context for the other participant, anonymized legal-acceptance audit trail, and database backup rotation; see Privacy Policy §8 and §9).

Aggregated analytical outputs derived from anonymized listing prices (e.g., median reference prices, market-trend write-ups) cannot be revoked once published, even after you delete your account; see Privacy Policy §13 for details.

3. User Content

3.1 Your Content

"User Content" means any photos, videos, text, data, audio, or other material you upload, submit, or create through the App, including specimen photos and videos, profile information, collection descriptions, mineral suggestions, direct messages, and any text content you author within the App.

3.2 Ownership

You retain full ownership and copyright of all User Content you create or upload. Mineral Wild does not claim ownership of your content.

3.3 License Grant

By uploading User Content, you grant Mineral Wild a worldwide, non-exclusive, royalty-free license — sublicensable solely to service providers acting on our behalf to operate and deliver the App's features (cloud hosting, content delivery, image and video processing, transcoding, automated moderation, push notifications) — to:

• Display your content within the App (specimen details, collection views, public profiles, available-specimen listings, sharing cards you generate, and direct messages you send);
• Distribute your content through App features to third-party platforms when you yourself initiate sharing (for example, sharing a specimen card to social media);
• Reproduce and modify your content for technical purposes (e.g., generating thumbnails, compressing images, transcoding videos, extracting cover frames, delivering content via CDN, applying automated content moderation).

This license exists solely to enable the App's features and services. We will not:

• Sell or transfer rights in your content to third parties;
• License your content to third parties for purposes unrelated to the App's services;
• Use your content for advertising, profiling, or audience targeting;
• Use your photos, videos, or text content to train, fine-tune, or develop artificial intelligence, machine-learning, or large-language models, now or in the future, without your explicit opt-in consent.

The license terminates when you delete the relevant content or your account, except for the limited and clearly enumerated retention items described in the Privacy Policy.

3.4 Content Responsibility

You are solely responsible for the User Content you upload. By uploading, you represent that:

• You own or have the necessary rights to the content;
• Your content does not infringe any third party's intellectual-property, privacy, or other rights;
• Your content complies with these Terms and applicable law;
• Purchasing a mineral specimen does not automatically grant you rights to photos taken by the seller or other third parties — only upload photos you have taken yourself or have explicit permission to use.

3.5 Copyright Infringement (DMCA)

We respect intellectual-property rights. If you believe content on the App infringes your copyright, send a written notice to our designated agent at mineralwild@gmail.com containing:

1. A physical or electronic signature of the copyright owner or authorized agent;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the allegedly infringing material with sufficient detail for us to locate it (specimen UUID, profile username, or a screenshot URL is best);
4. Your contact information (mailing address, telephone number, email);
5. A statement of good-faith belief that the use is not authorized by the owner, agent, or law;
6. A statement under penalty of perjury that the information is accurate and that you are the owner or authorized to act on the owner's behalf.

Upon receipt of a valid notice, we will promptly remove or disable access to the allegedly infringing material. Repeat infringers will have their accounts terminated.

3.6 Other Users' Content

You may view other users' photos, videos, and collection information through the App's social features. You may not download, copy, redistribute, scrape, or reuse other users' content outside the App without their express permission.

3.7 Atlas Images and Third-Party Licenses

The mineral atlas displays reference images sourced from Wikimedia Commons and other third-party sources under their respective open licenses (e.g., CC BY 4.0, CC BY-SA 4.0, CC0 1.0). These images are not proprietary to Mineral Wild and remain governed by their original licenses. Attribution information (author, license, source URL) is shown within the App. Your use of atlas images must comply with the terms of the original license rather than these Terms.

4. Acceptable Use

You agree not to use the App to:

• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable;
• Impersonate any person or entity or misrepresent your affiliation;
• Upload content that infringes any patent, trademark, copyright, trade secret, privacy right, publicity right, or other proprietary right;
• Upload, share, or solicit content depicting or exploiting minors. We maintain a zero-tolerance policy for child sexual abuse material (CSAM) and report all such content to the National Center for Missing & Exploited Children (NCMEC) and applicable law enforcement;
• Interfere with or disrupt the App's infrastructure, networks, or security;
• Attempt to gain unauthorized access to other users' accounts, restricted features, or our systems;
• Use automated systems (bots, scrapers, harvesters) to access, copy, or redistribute App content without our prior written permission;
• Circumvent content filters, moderation systems, age gates, or compliance advisories through character substitution, Unicode manipulation, or other evasion techniques;
• Use the App to facilitate any unlawful activity, including but not limited to the activities listed in §6 below.

4.1 Reporting and Enforcement

Users may report content or behavior through the App's report feature on every specimen, profile, and conversation. We may, at our discretion:

• Remove content that violates these Terms;
• Issue warnings, suspend, or terminate accounts that violate these Terms or repeatedly violate them;
• Cooperate with law enforcement when lawful and appropriate;
• Preserve evidence as required for investigation, audit, or legal process.

Notice-and-Action service-level commitments (24-hour severe / 7-day standard, 2-year audit log retention) are described in Annex III below and on our public Compliance FAQ page.

4.2 Direct Messaging Rules

The App provides a direct messaging feature for one-on-one communication. When using direct messaging, you agree:

• All messages and media are subject to automated content filtering. Messages or images that violate our content policies are blocked from delivery;
• Do not use messaging to send unsolicited commercial messages, spam, or repetitive content;
• Do not use messaging to harass, threaten, intimidate, or stalk other users;
• Do not share content depicting or exploiting minors through any messaging channel;
• Do not use messaging to negotiate, propose, or facilitate transactions involving prohibited goods or sanctions-restricted material (see §6);
• Do not attempt to evade content filters through character substitution, Unicode manipulation, or other techniques.

4.3 Blocking Other Users

You may block other users through the App. Blocked users cannot view your public profile, send you messages, or interact with your content.

4.4 Termination by Mineral Wild

We may suspend or terminate your account at any time if we reasonably believe you have violated these Terms or applicable law, or where required by legal process. Upon termination:

• Your access to the App will be revoked;
• Your content will be handled in accordance with the Privacy Policy;
• You remain liable for any violations occurring before termination.

You may terminate your account at any time as described in §2.4.

5. Mineral Information Disclaimer

The App provides mineral reference information (names, chemical formulas, crystal systems, hardness, locality data, rarity classifications, photographs) for educational and hobbyist purposes only.

This information does not constitute:

• Professional geological assessment or mineral identification;
• Appraisal or valuation of any specimen;
• Investment advice;
• Certification of authenticity, provenance, origin, treatment status, or quality.

Mineral data in the App is compiled from publicly available sources and community knowledge. While we strive for accuracy, we make no warranties as to completeness, reliability, currency, or accuracy of any mineral information displayed in the App. Do not rely solely on the App when making purchasing, selling, identification, handling, or collecting decisions. Consult qualified professionals for specimen identification, valuation, or geological assessment.

6. Listings and "Available" Specimens

6.1 What is_available Means

You may mark a specimen as "available" to signal to other users that you are open to off-platform contact about transferring the specimen. The is_available flag is a user-set availability/contact signal only — it is not a marketplace listing, binding offer, order, checkout, escrow, payment, shipping, or transaction service.

The App currently does not facilitate payments, hold funds, take transaction fees, arrange shipping, generate carrier labels, operate an escrow or trust account, run an auction or bidding mechanism, or provide a checkout flow of any kind. Subsequent communication (pricing, condition, shipping, payment) occurs between the parties either via in-app direct messaging (subject to §4.2) or through external channels of your choosing (email, Instagram, WeChat, etc.). Mineral Wild does not act as the order/escrow/transaction record for any resulting arrangement. This clarification is operational: in-app direct messages are stored on our servers (see Privacy Policy §5) so that the message history is available to the participants and to our moderation/compliance functions, but Mineral Wild does not record, validate, or enforce the substantive terms of any transfer (price, condition, payment, shipping, delivery) as an order, escrow, or transaction record.

This is analogous to the availability/contact signal that the long-running mineral-collecting reference site Mindat.org has operated under since the early 1990s without transaction intermediation.

If, in the future, the Service introduces transaction features (escrow, payments, fee-bearing services, dispute resolution), additional terms specific to those features will be presented and require separate acceptance before you may use them. These Terms do not authorize the introduction of new fees, payment processing, or transaction handling without that separate notice and acceptance.

6.2 No Verification or Guarantee

We do not verify, validate, or guarantee:

• The authenticity, identification, condition, treatment status, or grade of any specimen;
• The accuracy of any locality, provenance, or historical claim;
• The legality of any specimen's possession, ownership, transfer, or shipment in any jurisdiction;
• The reliability, identity, intentions, solvency, or trustworthiness of any user.

Any transaction between users occurs solely between those users. Mineral Wild bears no responsibility for disputes, misrepresentations, losses, or damages arising from such transactions, and expressly disclaims all liability for them under §11 and §12.

6.3 No Dealer / Commercial-Reseller Accounts

The App is currently designed for individual collectors managing their personal collections (consumer-to-consumer / hobbyist context). The following are not permitted:

• Operating Mineral Wild as a primary sales channel for a mineral dealership, gallery, shop, or commercial mining operation;
• Listing specimens in trade-inventory volume (as a guideline, sustained monthly listings well above what an individual collector would normally release);
• Claiming a professional dealer or commercial reseller identity in your profile;
• Operating multiple accounts to circumvent volume thresholds or other Terms.

We reserve the right to suspend or terminate accounts that appear to operate as commercial dealerships under the Service in its current configuration. This provision exists to keep the Service in its current consumer-context posture under the EU Digital Services Act and parallel U.S. consumer-protection rules; it may be revised or removed if we later introduce dealer-specific features or terms.

6.4 Compliance Self-Attestation, Listing Restrictions, and Reporting Duty

You are solely responsible for ensuring that your use of the App — including listings, direct messages, and any cross-border shipments resulting from contact initiated through the App — complies with all applicable laws. These laws may include, without limitation:

• U.S. federal law: Toxic Substances Control Act (TSCA), Office of Foreign Assets Control (OFAC) sanctions programs (Iran, Russia, Myanmar/Burma, Venezuela, Syria, North Korea, Cuba, etc.), Convention on International Trade in Endangered Species (CITES) and the Endangered Species Act, the Lacey Act, the Archaeological Resources Protection Act, the Paleontological Resources Preservation Act, U.S. Customs and Border Protection regulations (19 C.F.R.), Nuclear Regulatory Commission regulations (10 C.F.R.), U.S. Postal Service Hazardous Materials rules (39 C.F.R.), and U.S. Department of Transportation Hazardous Materials Regulations (49 C.F.R.);
• U.S. state law: California Proposition 65, New York mammoth-ivory restrictions, and other state-level controls;
• Country-of-origin export laws: Peru Ley 28296 (cultural patrimony, including mineralogy specimens), New Zealand Pounamu Vesting Act 1997 + Customs Export Prohibition (Pounamu) Order 2021, applicable Afghan, Chinese, Mongolian, and other producing-country cultural-heritage and export-control rules;
• EU / UK law (where you or your counterpart are located in those regions): Digital Services Act, UK Online Safety Act, UK CITES (the Conservation of Species Regulations 2018), and applicable national laws;
• Chinese law (where applicable to you or your counterpart): PIPL, Data Security Law, export controls on rare earth minerals, cultural-heritage rules.

When you attempt to mark a specimen is_available, the App automatically checks the specimen against a server-side Compliance Rule Table (mineral_compliance_rules). Certain combinations are blocked outright (for example: chrysotile / crocidolite / amosite asbestos forms; Myanmar-origin jade, ruby, sapphire, spinel, or amber; Russian diamond; Venezuelan native gold; Iranian-origin minerals). Other combinations trigger an advisory that you must acknowledge before listing (for example: anthophyllite / tremolite / actinolite; erionite; radioactive minerals; mercury- or arsenic-bearing minerals; Peruvian-origin minerals; Afghan lapis lazuli; New Zealand pounamu). The current rule table summary is provided in Annex I. The authoritative table is the live mineral_compliance_rules database; we may add, remove, or modify rules quarterly as laws change.

By marking a specimen is_available, by acknowledging a compliance advisory, or by sending a direct message that references a regulated mineral, you represent and warrant that your possession, handling, transport, and intended transfer of the specimen comply with all applicable laws.

If we detect indicators of serious legal violations — such as direct-messaging language indicating sanctions evasion, customs fraud, or smuggling; listings of CITES-protected biological material without evident licensing; CSAM; credible threats of violence; or analogous matters — Mineral Wild may, in its sole discretion, report the matter to the appropriate authority, including U.S. Customs and Border Protection (1-800-BE-ALERT), the U.S. CITES Management Authority (management-authority@fws.gov), the U.S. Office of Foreign Assets Control (OFACReport@treasury.gov), the FBI Internet Crime Complaint Center (ic3.gov), NCMEC, or local law enforcement. This proactive reporting is consistent with the principles of Tiffany (NJ) Inc. v. eBay Inc., 600 F.3d 93 (2d Cir. 2010), and Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. 754 (2011).

We also maintain a list of compliance-sensitive keywords and may log direct-messaging context when these keywords appear, retained for up to 2 years for audit and compliance-investigation purposes. We do not rely on keyword matching alone to block messages at this time; we reserve the right to do so in the future. See Privacy Policy §5 for related disclosures.

6.5 Cross-Border Shipping Disclaimer

Mineral Wild does not arrange, recommend, calculate, or record shipping or carrier logistics. If you choose to transfer a specimen to another collector based on contact initiated through the App, all shipping, customs, import/export licensing, carrier compliance, and postal-regulation compliance is your sole responsibility.

The following non-exhaustive shipping considerations may apply (this list is informational; rules change frequently):

• Radioactive mineral specimens: U.S. exemption under 10 C.F.R. §40.13(b)(1) permits possession of unrefined natural mineral specimens, but shipping may be subject to IATA DGR Class 7 "excepted package" rules (UN 2910 / UN 2911). Most commercial carriers refuse or impose restrictive terms; USPS prohibits most radioactive shipments; shipment to mainland China is prohibited.
• Asbestos-class minerals: EPA TSCA Part 1 Final Rule (2024, 40 C.F.R. 751 Subpart F) prohibits most commercial activity involving chrysotile. Crocidolite and amosite are similarly restricted by mineralogical and commercial practice. Anthophyllite, tremolite, and actinolite are subject to EPA Risk Evaluation Part 2 (not yet finalized as a §6 rule as of these Terms).
• Hazmat minerals: Mercury-bearing minerals (cinnabar), arsenic-bearing minerals (realgar, orpiment), and lead-bearing minerals may trigger USPS / DOT Hazardous Materials Regulations (49 C.F.R. Parts 100–185).
• Cultural-heritage minerals: Peruvian Ley 28296 classifies "mineralogy specimens" as cultural patrimony and restricts export. New Zealand pounamu (nephrite, bowenite, serpentine) is subject to Customs Export Prohibition (Pounamu) Order 2021. Similar restrictions exist in China, Mongolia, Afghanistan, and other producing countries.
• OFAC-sanctioned origins: Minerals originating from Iran, certain regions of Russia or Ukraine, Syria, North Korea, or Cuba may be subject to U.S. OFAC sanctions regardless of value. Restrictions often apply broadly to "U.S. persons."
• CITES-protected material: Some mineral specimens incorporate protected biological material (e.g., mineralized bone, fossil amber with biological inclusions, coral). These are subject to CITES import/export permits.

Mineral Wild is not responsible for any seizure, confiscation, customs penalty, carrier refusal, carrier loss or damage, postal-service rejection, civil or criminal liability, or any other adverse outcome arising from your shipping decisions. You agree to indemnify Mineral Wild for any claim arising from your shipping decisions (see §13).

7. Voice Input and AI Processing

The App may offer an optional voice-input feature (which may be enabled or disabled in any given release). When enabled and used, audio recordings are sent to a configured third-party AI provider for real-time transcription and structured data extraction.

• Audio is processed in real time and is not retained on our servers or by the AI provider beyond the duration of the API request;
• The accuracy of AI-generated transcriptions is not guaranteed; you are responsible for reviewing and correcting any extracted data before saving;
• AI-generated draft text appears as user-provided specimen data once you save it;
• We do not use your voice recordings or transcripts to train, fine-tune, or develop AI/ML models without your explicit opt-in consent.

See Privacy Policy §1, §3.3, and §8 for related disclosures, and §11 of these Terms for license and warranty terms applicable to AI-generated draft text.

8. Intellectual Property

8.1 Our Content

The App's design, user interface, source code, branding, name "Mineral Wild," logos, taglines, original written content, and curated mineral atlas (as a compilation; individual atlas image licenses are governed separately under §3.7) are owned by Mineral Wild or its licensors. You may not copy, modify, distribute, or create derivative works from these proprietary materials without our prior written permission.

8.2 Trademarks

"Mineral Wild" and associated logos and design marks are our trademarks. You may not use them without prior written consent.

8.3 Feedback

If you submit feedback, suggestions, or improvement ideas (outside of paid consulting engagements not described here), you grant us a perpetual, royalty-free, irrevocable license to use that feedback without obligation to you.

9. Third-Party Services

The App uses third-party service providers (cloud hosting, content delivery, push notifications, voice AI, error tracking, OAuth, email delivery, real-time messaging infrastructure). Their roles and processing locations are listed in Privacy Policy §3 and on our Subprocessors page.

The App may also link to or integrate with third-party platforms (for example, when you share a specimen card to social media). We are not responsible for the content, privacy policies, or practices of third-party services or platforms. When you share content from the App externally, that content becomes subject to the third-party platform's terms and policies.

10. Beta / Pre-Release Status

Mineral Wild is currently in early launch. Features, availability, performance, and these Terms may change. The disclaimers and limitations in §11 and §12 apply with particular force during the beta period.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, MINERAL WILD DOES NOT WARRANT THAT (A) THE APP WILL FUNCTION UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) MINERAL IDENTIFICATION, CLASSIFICATION, RARITY, LOCALITY, OR PRICING REFERENCE INFORMATION IN THE ATLAS IS ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES; (E) ANY USER-PROVIDED CONTENT IS ACCURATE, AUTHENTIC, OR TRUSTWORTHY; (F) AI-GENERATED TRANSCRIPTIONS OR FIELD EXTRACTIONS ARE ACCURATE.

Some jurisdictions do not allow limitation of certain implied warranties; in such jurisdictions our warranties are limited to the maximum extent permitted by applicable law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINERAL WILD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (iii) ANY CONTENT OBTAINED FROM THE APP; (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (v) ANY OFF-PLATFORM TRANSACTION OR INTERACTION BETWEEN USERS WHO MET THROUGH THE APP; (vi) THE ACCURACY OR INACCURACY OF ANY MINERAL REFERENCE INFORMATION, AUTOMATED COMPLIANCE RULE OUTCOME, OR AI-GENERATED TRANSCRIPTION.

MINERAL WILD'S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO MINERAL WILD IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100). The App is currently offered free of charge; clause (B) therefore applies.

Some jurisdictions do not allow limitation of liability for certain types of damages; in those jurisdictions our liability is limited to the maximum extent permitted by applicable law. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be limited by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mineral Wild and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the App;
• Your User Content;
• Your violation of these Terms;
• Your violation of any third-party right, including any intellectual-property right, privacy right, contract right, or right of publicity;
• Your off-platform transactions or interactions with other users;
• Your non-compliance with applicable laws concerning your specimens, including §6.4 and §6.5.

14. Termination

The provisions of these Terms that by their nature should survive termination — including ownership provisions (§3.2, §8), warranty disclaimers (§11), limitation of liability (§12), indemnification (§13), dispute-resolution provisions (§15), and the data-handling commitments referenced in the Privacy Policy — shall survive termination of your account or the Service.

15. Dispute Resolution

15.1 Informal Resolution First

Before filing a formal claim, you agree to contact us at mineralwild@gmail.com and attempt in good faith to resolve the dispute informally for at least 30 days.

15.2 Binding Arbitration (U.S. and Most Other Users)

Except as provided in §15.4 and §15.5, any dispute arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall take place in Wilmington, Delaware, or by video conference at the claimant's election. Judgment on any award may be entered in any court having jurisdiction.

15.3 Class Action Waiver

YOU AND MINERAL WILD AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims of more than one individual.

15.4 Exceptions to Arbitration

Notwithstanding the above:

• Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm or enforce intellectual-property rights;
• Either party may bring small-claims-court actions in the claimant's home jurisdiction subject to that court's monetary limits;
• Mandatory consumer-protection or non-waivable statutory dispute-resolution mechanisms in your country of residence (including but not limited to EU consumer-rights law, UK consumer-rights law, the Australian Consumer Law, and Japanese consumer-protection law) override this arbitration provision to the extent legally required.

15.5 EU / UK / Other Non-Waivable Rights

If you are a consumer resident in the European Economic Area, the United Kingdom, Switzerland, or another jurisdiction whose mandatory consumer-protection law cannot be waived by contract, nothing in these Terms (including §15.2 and §15.3) is intended to deprive you of those non-waivable rights or required dispute-resolution forums in your country of residence.

15.6 Statute of Limitations Awareness

Some jurisdictions impose mandatory minimum statute-of-limitations periods that cannot be shortened by contract (for example, six years in the United Kingdom for many consumer claims; ten years in Italy for certain consumer claims). Nothing in these Terms is intended to shorten such mandatory periods where they apply.

16. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions.

This choice of law does not deprive consumers resident in the European Economic Area, the United Kingdom, Switzerland, the People's Republic of China (in territories where the App is available), or any other jurisdiction of any non-waivable statutory rights, consumer-protection rights, or mandatory forum rights applicable to them under the law of their country of residence.

17. Modifications to These Terms

We may update these Terms from time to time. For material changes — including changes to acceptable use, content licensing, dispute resolution, liability limitations, or fee provisions — we will provide notice within the App and/or by email to the address on file at least 30 days before the changes take effect (where reasonably practicable). Your continued use of the App after the effective date of revised Terms constitutes your acceptance of the updates. If you do not agree to the updated Terms, you may delete your account before the effective date.

For non-material changes (typo fixes, contact-information updates, restructuring without substantive change), we may publish the update without prior notice.

Each acceptance you make is recorded with the specific content hash you accepted, so the exact text in force at the time you accepted can be reconstructed.

18. Territory and Mainland China Carve-Out

The App is offered in jurisdictions where it is available on the App Store and Google Play. At launch, the App is not offered in mainland China; users physically located in mainland China cannot install the App through Apple App Store or Google Play China-region distribution. Users in Hong Kong SAR, Macau SAR, and Taiwan are served through their respective region App Stores. The Privacy Policy contains a Supplemental Notice for users in the People's Republic of China that will become applicable if and when the App is later distributed in mainland China.

These Terms govern your use of the App regardless of the territory from which you access it, subject to §15.5, §15.6, and §16.

19. Severability

If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Mineral Wild regarding the App and supersede all prior agreements, written or oral, regarding the same subject matter. Our public Compliance FAQ at https://mineralwild.com/compliance-faq and the Subprocessors page at https://mineralwild.com/subprocessors are linked as informational supporting documentation; they describe how we operate compliance and subprocessor relationships, but they are not policies incorporated by reference and they do not require separate user acceptance to take effect.

No waiver of any term shall be deemed a continuing waiver of that term or any other term. The failure of Mineral Wild to enforce any right or provision is not a waiver of that right or provision.

21. Contact

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

Email: mineralwild@gmail.com Entity: Mineral Wild LLC, a Delaware limited liability company

For DMCA notices, see §3.5. For App content / behavior reports, use the in-app Report feature on the relevant specimen, profile, or conversation. For data-subject access, deletion, or correction requests under GDPR / CCPA / PIPL, see the Privacy Policy §11 and §12 and our public Compliance FAQ.

Annex I — Compliance Rule Table (Snapshot)

This is a summary as of the effective date above. The authoritative source is the live mineral_compliance_rules database table, which we may revise quarterly as laws change.

Hard block (cannot list as is_available):

• Chrysotile (any origin) — EPA TSCA 40 C.F.R. 751 Subpart F Final Rule (2024)
• Crocidolite, amosite (any origin, where cataloged) — commercial asbestos restriction
• Myanmar (Burma) × jadeite, jade, ruby, sapphire, spinel, amber — OFAC sanctions + Myanma Gems Enterprise SDN listing
• Russia × diamond — U.S. Executive Order 14068 + G7 substantial-transformation loophole closure (March 2024)
• Venezuela × native gold / gold-bearing minerals — OFAC sanctions
• Iran × any mineral — OFAC comprehensive embargo

Advisory (must acknowledge, then can list):

• Anthophyllite, tremolite, actinolite — EPA Risk Evaluation Part 2 (pending §6 rule); user acknowledges asbestos classification awareness
• Erionite (any variety) — IARC Group 1 carcinogen (non-legal basis; safety advisory)
• Afghan lapis lazuli — Taliban SDN risk (soft conflict mineral)
• Peruvian-origin minerals (any) — Peru Ley 28296 cultural-patrimony export restriction
• New Zealand nephrite / bowenite / serpentine — Customs Export Prohibition (Pounamu) Order 2021

Flag-based advisories (mineral attribute, not origin):

• radioactivity_level = high — Class 7 excepted-package shipping advisory (IATA DGR UN 2910 / UN 2911); shipment to mainland China prohibited
• health_warning = mercury — USPS / DOT hazmat advisory (49 C.F.R. Parts 100–185)
• health_warning = arsenic — hazmat + handling advisory (do not heat; avoid food contact)

Annex II — Acceptable-Use Specifics

In addition to §4, the following content and conduct are expressly prohibited:

• Child sexual abuse material (CSAM) — zero tolerance, reported to NCMEC and law enforcement;
• Content promoting or facilitating terrorism or violent extremism;
• Content promoting or facilitating human trafficking;
• Detailed instructions for producing weapons, explosives, or controlled substances from minerals;
• Spam, unsolicited commercial messaging, chain messages, or automated outreach;
• Harassment, stalking, doxxing, or threats targeting specific individuals;
• Sharing another person's private information without consent;
• Automated access (scraping, botting, harvesting) without explicit written permission;
• Content that infringes intellectual-property rights (file a DMCA notice per §3.5).

Annex III — Notice and Action SLA

Per the EU Digital Services Act Article 16, Apple App Store Guideline 1.2, and the UK Online Safety Act:

Audit log retention: All moderation decisions and takedown actions are retained for 2 years (DSA Article 24), without the personal content of the underlying report.

Appeals: If your listing was blocked or you received a strike and you believe the action was in error, email mineralwild@gmail.com with your username, the affected specimen UUID, and a brief explanation. We will respond within 7 days. During the appeal window, your account is not further penalized unless a new violation occurs.

User-facing details: see our public Compliance FAQ at https://mineralwild.com/compliance-faq.