Mimzy Terms and Conditions
Last updated: November 15, 2022
These Terms and Conditions (this “Agreement”) is a legal agreement between you (“you”) and Lyquid, Inc., a Colorado corporation (“Company,” “we” or “us”) for use of the Mimzy application, the website (Mimzy.app), the servers used by the application, the computer files stored on such servers, and all related services, and all related services, features and content offered by the Company (collectively, the “App”). This Agreement is not concluded by Google, Inc., any of its subsidiaries, or any other entity as may apply.
The purpose of Mimzy is to enable users to monitor their symptoms, along with a variety of additional health and nutritional planning and to share their progress and other data inputted into the App with their Healthcare Provider if they choose to do so. It remains for Healthcare Providers to use their professional judgment in providing advice, the App only provides information from users. By providing your Healthcare Provider View access to your App Patient File, you are expressly accepting responsibility for your Healthcare Provider’s conduct, thus extending these terms, disclaimers, and other policies on behalf of your Healthcare Provider.
1. Acceptance of terms
Please read this Agreement carefully. By creating an account on our website or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OUR WEBSITE OR USE THE APP.
We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement as posted on our website will indicate your acceptance of the Agreement as modified.
This Agreement includes, is a part of, and should be carefully read in conjunction with the following policies:
- Privacy Policy: https://mimzy.app/legal/privacy-policy/
- Disclaimers: https://mimzy.app/legal/disclaimers/
- Shipping Policy: https://mimzy.app/legal/shipping-policy/
- Cookie Policy: https://mimzy.app/legal/cookie-policy/
- GDPR Policy: https://mimzy.app/legal/gdpr-policy/
- Refund Policy: https://mimzy.app/legal/refund-policy/
- Affiliate Terms and Conditions (if such applies to your relationship with us): https://mimzy.app/legal/affiliate-terms-and-conditions/
2. Registration and eligibility
To use the App and Website, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, gender, birth date, e-mail address, along with additional information as required to fulfill our service to you. This information will be held and used in accordance with our privacy policy, which can be found at https://mimzy.app/legal/privacy-policy/ (“Privacy Policy”). You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes.
To create an Account and access the App, you must be at least 18 years old and not barred from using the App or Website under applicable law.
If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the App or Website, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content in the App, in our sole discretion.
3. Your use of the App
Any content you submit through the App is governed by the Company’s Privacy Policy https://mimzy.app/legal/privacy-policy/ and Disclaimers https://mimzy.app/legal/disclaimers/. To the extent there is an inconsistency between this Agreement and the Company’s Privacy Policy or Disclaimers, these Terms shall govern. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. As a condition of using the App or Website, you agree not to use the App or Website for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App or Website and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
а. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
b. modify, reverse engineer, decompile or disassemble the App;
c. copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of the Company;
d. permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
e. circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
f. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
g. use or access the App to compile data in a manner that is used or usable by a competitive product or service;
h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
i. use your Account to engage in any illegal conduct;
j. upload to transmit any communications that infringe or violate the rights of any party;
k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; or
l. upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
Any such forbidden use shall immediately terminate your license to use the App, along with the Company pursuing legal actions as applicable.
The Company reserves the right to cancel any customer order for any reason or no reason at all. If we suspect potential foul play, we may immediately revoke access to our product at any time, with or without notice to you. You have the right to appeal by emailing ppa.y1728112987zmim@1728112987tropp1728112987us1728112987 whereas, we will review your claim notifying you or our decision. If our final determination is to maintain suspension of your account, we will refund all funds you paid to us in full.
We are not responsible if you break formulas, formatting, layouts, or anything throughout our App Toolset being provided to you. You are solely responsible for maintaining and protecting the structure and integrity of your individual Mimzy Patient File. If you delete any App tab, tool, feature and/or content — you are liable for all support costs that are required in order to resolve or otherwise fix your Patient File. This includes if you share your Patient File with any separate party. If you break something in the App and require it to be fixed, we will assess the situation and bill at an hourly rate of $150.00 USD. Or if you would like to repurchase a new Patient File at the then-current sales rate, we will provide you with a new App Patient File to use, however, we are unable to “port” your previous App entry information into this new Patient File.
If you choose to share your personal Mimzy Patient File with your healthcare provider or any other party, you are doing so intentionally and adhere to the Privacy practices of your healthcare provider or additional party. We are not liable for any misuse of your personal information as used by your healthcare provider or any third party that accesses your Mimzy Patient File.
4. Export and economic sanctions control
The software that supports the App may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
5. Limited License to the App
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement.
All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to ppa.y1728112987zmim@1728112987tcatn1728112987oc1728112987
To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content, and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (as defined below). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us.
The Company retains ownership over the Google spreadsheet files we have developed. The Patient File provided to you through your purchase does not transfer ownership rights to your Google account.
6. License to User Content
The App enables you to input personal notes and health information, share your symptoms, post or include personal content, submit content (including to public areas), share your content with your healthcare provider, and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the App.
By providing your User Content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to company with the terms described in this Agreement.
The Company reserves the right to review all User Content prior to and post submission to the App and to remove any media for any reason, at any time, without prior notice, at our sole discretion, including rectifying or resolving problems created by you through your use of the App if we deem necessary, with obligation to put forth this additional work.
7. Use at your own risk
Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device.
7.1 White Gloves Packages #1 & #2 Add-on Options
The Company prepares custom digital file versions of the App’s Food Worksheet based specifically to your Mimzy Program, as well as a Food Library with Nutritional Information and Food Classifications. These files are set to 11″x17″ sizing, available for you to download and print locally. The Company is not liable for any printing or usage by you of these files. Digital files will be available for download for a maximum of 6 months from the date of purchase. The Company will manually enter your Test Results and Mimzy Food Reintroduction items as specifically listed in your Mimzy Program sheet as provided by your Healthcare Provider. You are responsible for providing these documents to the Company in a timely manner. By doing so, you provide permissions for the Company to save, review, and enter this information on your behalf into your assigned App Patient File. The Company retains records of your voluntarily submitted health information for the length of time needed in order to provide our service to you. The Company makes its best effort to fulfill all orders within 1-2 weeks, however, is not obligated to meet this time frame. White Gloves Package #2 includes shipment of materials to you from the Company. The Company is not liable for any misuse of these materials, nor responsibility for the voluntary use and harm caused by any materials provided to you. 3M Velcro hanging strips are provided to assist with hanging the acrylic frame materials within your home. You are solely responsible for any potential damage these materials may cause by your voluntary application of these materials in your home. Use all materials provided to you by the Company at your own risk.
8. Minors disclaimer
Mimzy is not marketed to, nor recommended to minors. Only through guidance and consent of a parent or guardian with a healthcare provider, would we knowingly approve of the use of Mimzy. We put forth our best judgement when fulfilling each order, reviewing purchaser information, including contact information, whereas we will seek additional information by the purchaser to verify themselves if information seems reasonably questionable.
By purchasing Mimzy, any of our White Gloves add-ons, or our commercial program—you are acknowledging that you are not a minor.
9. Subscriptions and One Time Payments
Any purchase of the App or any secondary offering without the prior (and current) guidance of a healthcare provider directly supporting your Mimzy Program is strongly not recommended.
Mimzy Premium Purchase. The application offers the Premium purchase that grants you access to features like daily logs, food trackers, basic (public) nutritional information, personalized insights based on your assigned Mimzy Program and phases, tools for detecting physical and emotional patterns, and a View Only option you can provide to your doctor or healthcare provider. Some of our products include a free viewable demo, where you can experience the application at no cost.
We offer one-time payment options for App users and subscriptions for Healthcare Providers through our White Label Commercial Program. Payment will be charged to your credit/debit card or bank account via ACH payment after you choose one of our products and/or services and confirm your purchase. Any paid subscriptions automatically renew unless auto-renew is turned off until canceled (cancel via your website account or contact support). We will notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.
RETURNED CHECK AND FAILED/DECLINED ACH DEPOSIT POLICY:
Any checks returned or declined payments and/or failed payments, including ACH deposits due to insufficient funds or blocked processing are forwarded to a billing collector which pursues collection of the amount due if greater than 30 days past the payment due date. Additionally, a fee of $45 will be charged by Lyquid, Inc. to your account for any non-payment due to insufficient or rejected funds, including invalid chargeback claims. Balances older than 30 days may be subject to additional collection fees.
Fees and Payments
Upon entering this Agreement, you authorize Lyquid, Inc. to charge your credit card or bank account on file for all fees due. Fees to Lyquid, Inc. are due and payable immediately. Recurring fees will be paid to Lyquid, Inc. at rates specified prior to purchase. All payments must be made in USD funds. All recurring fees will be due and payable, and will be automatically charged to the credit card or bank account on file (or in any other form available at the time of purchase) at the renewal intervals agreed upon and for the duration of the subscription for Services. All fees are nonrefundable (subject to Lyquid, Inc.’s Refund Policy).
Failed and/or Late Payments
You must at all times keep credit card and banking information, along with your payment account accurate and updated. You may contact Lyquid, Inc. at ppa.y1728112987zmim@1728112987tropp1728112987us1728112987 to change the credit card or bank account on file, as well as completing payment updates from within your Mimzy website account. Failure to keep account information current may result in termination of Services. Excessive late or failed payments may, in Lyquid, Inc.’s sole discretion, lead to a requirement that your account be changed to an annualized subscription plan with a minimum commitment of twelve months, paying all associated fees upfront.
In the event you believe your account has been accessed by an unauthorized third party or additional Services have been purchased without your prior approval or authorization, you must email us immediately at ppa.y1728112987zmim@1728112987tropp1728112987us1728112987 to alert us of the potentially fraudulent activity. We will attempt to resolve the issue prior to charges being applied to your account; however, please note that YOU, AND NOT LYQUID, INC. ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD OR BANK ACCOUNT BY ANY THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
The following procedure applies to Late Payments:
If at any time Lyquid, Inc. is unable to process a recurring fee owed by you, you will receive an email notification informing you that payment was unsuccessful. You will have ten (10) days to update your payment information and complete your renewal payment, prior to account suspension. If fees are not paid after a total of twenty (20) days, your account will be terminated. In the event of a termination for failure to pay, you will remain responsible for all agreed upon payments for which Lyquid, Inc. reserves the right to resort to any legal means to collect, including collection services. Account termination will revert all branded content back to Lyquid, Inc., along with us informing your patients that support will be handled directly by Lyquid, Inc. moving forward.
Account Reactivation after Termination
If account termination due to non-payment occurs, we reserve the right to ban you from holding an account with us at any point in the future.
If, after account termination, we approve your account to be reactivated, you will be required to pay a minimum reconfiguration fee of $550.00 USD (actual fee required to be determined based on your specific situation at the time) along with any delinquent fees paid in full. You will be required to pay all subscription fees annually (with a minimum subscription agreement period of 12 months).
9.1 Healthcare Provider White Label Commercial Program
The Company requests Healthcare Providers, but does not currently enforce, payments for this Commercial Program to be paid via ACH direct payments. You can select this payment method during up your initial account creation purchase on the Website. If you choose credit card payments, the Company retains rights to pass on processing fees, including them in your ongoing payments. Your subscription will automatically renew each month at the pricing you were offered at the time of your account creation, along with the addition of any App Patient File requests and White Gloves selections you submit on behalf of your patients.
9.1.1 Personalized Master Food Library upon request
The Company provides the option for a customized Mimzy Master Food Library to be used solely for your Patients, owned and maintained by the Company. Foods within this personalized food library can provide foods you wish to include for use within your patients App Patient Files. Alternatively, you can simply submit the foods you would like the Company to make available within our Master Mimzy Food Library.
9.1.2 HIPPA & BAA
The Company will sign a BAA for any Healthcare Provider that requests it. You may request this by emailing ppa.y1728112987zmim@1728112987rediv1728112987orp1728112987.
9.1.3 Sales of App & Services
You are granted permission to sell Mimzy to your direct patients and your direct patients ONLY. If you are found to be reselling the App to parties outside of your direct care, your account will be immediately terminated, with potential legal action taken by the Company. You may charge your direct patients any fee on a one-time or recurring basis, arranged solely between you and your patient. Your relationship, including the payment relationship with your patient is solely between the two of you. Any promises or claims you provide to your patient for the App are not and will not be accepted by the Company. The Company will not customize the App based on your own preferences or promises or claims made to your patient(s).
9.1.4 Branded to your company
You will provide to the Company a clear, high-resolution version of your company’s logo, with no attached background. The required format is PNG. The Company will modify your logo to a full white color version for integration into the App. The Company is not responsible nor liable for any loss of visual appearance of your logo. Your logo will be shown to your patients and your patients only through your branded version of the App. If at any time you cancel your subscription with the Company, branding will be reverted to Lyquid, Inc. and your patients may be notified by the Company that support and their App relationship will transfer back to the Company.
All sales you make for the App and any secondary services by the Company to your direct patient require your disclosure of this Agreement, including all policies and disclaimers as such. Disclaimers & Policies by the Company included within the App will remain in place. As your business name will be shown on the App, the Company must retain legal rights and proper legal policies and disclosures to all users of the App.
Regardless of the App being sold through your company, you as a Healthcare Provider, will only receive a View Only link for each of your patient’s App Patient Files per the terms of this Agreement. If you are providing Recipe and Meal Planning services to your patient, upon request, we may provide your company with Editor status within the specified App Patient File(s), allowing you to manually input such information on behalf of your patient. At any time, your patient may request the Company to revoke your Editor access to their individual App Patient File. With Editor Status, you are responsible, as your patient is, for any breakages caused to the App throughout your use of the App Patient File. Your Editor account requires you to provide the Company with an active Google account to access and edit the App Patient File. Only one Google account submitted by you will be added by the Company as a secondary Editor for your App Patient Files.
9.1.5 Pricing
Through your Healthcare Provider subscription with the Company, you receive unique pricing. Pricing includes the following:
- $99.00-500.00 USD per month as required for your base Healthcare Provider subscription (or whichever rate was offered to you at time of your account creation)
- $99.00-249.99 USD per App Patient File you request (per file fulfillment) to be automatically charged during your billing cycle
- $325.00-449.00 USD per White Gloves Service Add-on Package #1 you request (per file fulfillment) to be automatically charged during your billing cycle
- $495.00-649.00 USD + $35.00 USD flat rate shipping per White Gloves Service Add-on Package #2 you request (per file fulfillment) to be automatically charged during your billing cycle
- High Volume Pricing Tier: If you sell (purchase) more than 15 App Patient Files per month for two (2) consecutive months, you will receive an additional discount per App Patient File for the length of time you maintain this higher volume of sales (purchases). Your new rate will adjust to $99.00-$179.00 USD per App Patient File you request (per file fulfillment) to be automatically charged during your billing cycle. If you subsequently have two (2) months (at any time) with a volume lower than that of 15 App Patient Files sold (purchased) each month, your account will automatically revert to the Company’s standard App Patient File pricing. Likewise, your account may always qualify for this additional High Volume Pricing Tier when two (2) consecutive months average above 15 App Patient Files purchased.
9.1.6 Process of Fulfillment
You will request each App Patient File https://mimzy.app/support-contact/client-file-request/ for each sale you conduct with your direct patient(s). Upon receipt, we provide a 12 hour holding period post request submission to us, allowing you 12 hours (regardless of the day/time submitted) to cancel the request by emailing ppa.y1728112987zmim@1728112987rediv1728112987orp1728112987. The App Patient File fee will be rolled into your automatic monthly subscription charge. Unless you email us and request immediate cancellation of the App Patient File request within 12 hours of request submission, you will be billed for the App Patient File regardless of if your patient cancels their relationship with you prior to the next billing cycle with us. Beyond 12 hours of request submission, the Company is unable to guarantee cancellation of this request without charging your account via the next billing cycle.
Upon App Patient File creation fulfillment, we will email to you the patient’s App Patient File editing link, along with your View Only link for you to provide to your patient as needed.
For any White Gloves service add-on sales, we will fulfill each in accordance with the terms of this Agreement.
9.1.7 Commercial Program Cancellation
You are responsible for manually canceling your subscription with the Company through your Website account and/or by notifying the Company of your request to cancel via ppa.y1728112987zmim@1728112987rediv1728112987orp1728112987. Future payments to the Company will cease, however, any outstanding App Patient File or White Glove add-ons already fulfilled by the Company will be charged at the time of cancellation.
The Company is not responsible for any promises made by you to your patients regarding the App and the Company retains all rights to directly communicate with your active App users, notifying them of this change in relationship. You acknowledge and accept that any claims you previously made to your patients as to you potentially owning and/or being the supplier of the App will expose you to your patients as not true.
9.2 Support
We include basic support upon request. Most support requests will be answered by referring you to the Company’s Knowledge Base Tutorial Website. For support requests due to breakage (committed by you through your use of the App), will incur additional fees as deemed necessary by the Company, at a rate of $150.00 USD per hour. You will receive a quote estimate prior to the Company committing to such work. The Company is not obligated to fulfill support requests by you, including for breakages caused by you to the App. The Company retains all rights to access your App Patient File at any time, with or without notification to you to maintain infrastructure as or when required and at times, the Company may take it upon itself to correct any minor issues within your App Patient File on your behalf.
11. Passwords
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your App (Google) passwords or Website account or providing access to your App’s Patient File to any suspicious person(s). It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitory, and control access to and use of your App account and password; (3) promptly inform the Company if you believe your account, App Patient File or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at ppa.y1728112987zmim@1728112987tropp1728112987us1728112987. You grant the Company and all other persons or entities involved in the operation of the App and Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the App or Website.
12. Warranty disclaimer
The Company controls and operates the App through the Google platform from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations. The Company is not liable for any outages within the Google platform, including the Google Sheets service and availability.
THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK; OR, (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE APP, INCLUDING IN CHATS. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.
14. Use of mobile devices
Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
15. Third-Party Services
The App or Website may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
16. Your feedback
We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or submit as Reviews are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
17. Enforcement rights
We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.
The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
18. Changes to the App
From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
19. Indemnity
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
20. Miscellaneous
Any dispute arising from this Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN BOULDER COUNTY, STATE OF COLORADO AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
We may refuse service, close Accounts, and change eligibility requirements at any time.
21. Notice and takedown procedures
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
а. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
Questions and comments
If you have any comments or questions on any part of the App or any part of these Terms of Use, require support, or have any claims, please contact us at ppa.y1728112987zmim@1728112987tcatn1728112987oc1728112987.
