Terms of Service
Effective as of August 1st, 2017

These Terms of Service and our Privacy Policy (together, these “Terms”) describe the terms and conditions on which Maven Technologies, Inc. (collectively, “Maven,” “we,” “us” or “our”) offers you access to the Maven application and related services to which this Privacy Policy is linked or referenced (collectively, the “Services”).

Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between Maven and you.

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:

IMPORTANT NOTE

Please read carefully "DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY" and "DISPUTE RESOLUTION." These provisions limit our liability to you and affect on how disputes are resolved.

If you do not agree to any of these Terms, please do not use the Services.

Changes To Terms

The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may amend or supplement these Terms. We will provide you with advance notice of material amendments to these Terms. We will not make amendments that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. As of the Effective Date, the amended Terms supersede all previous versions of or agreements, notices or statements about these Terms.

Additional Terms

Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, we require that you agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Services to which the Additional Terms apply.

Ownership Of The Services

Maven and its licensors reserve and retain all right, title and interest in and to the Services, including Maven’s business names, logos, product and service names, trademarks or services marks (“Our Marks”) and any information, graphic, artwork, text and other content provided on, in or through the Services, (collectively with the Our Marks, "Maven Content"). Any open source or third-party code incorporated in the Services is covered by the applicable open source or third-party license authorizing its use.

If you agree to these Terms, then Maven grants to you a personal, revocable, nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Services and to download, print and/or copy Maven Content solely for your non-commercial personal use. You acknowledge that the trade secrets embodied in the Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Maven.

The Services may contain links to third-party websites and services, such as social media (collectively, “Linked Services”). Maven does not own or control and is not responsible for Linked Services. Maven provides links to Linked Services for your convenience only. The inclusion of a link does not imply endorsement by Maven of the Linked Service or any association with the operators of the Linked Service. Maven does not investigate, verify or monitor the Linked Services. You access Linked Services at your own risk and subject to the legal provisions applicable to the Linked Services.

Using The Services

Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.

Your Account: You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your Account and use of the Services. You may create only one Account.

You agree to protect the security of your Account. You are responsible for all use of your Account, including all charges incurred by users of your Account.

Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.

Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT MAVEN USES AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.

Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only.

You agree that you will not (and you agree not to encourage or allow any third party to):

Submissions:Maven may from time to time offer areas in the Services where you and other users can post or otherwise submit suggestions, ideas, notes, concepts or other information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions. But, by submitting your Submission, you grant Maven and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and Maven’s products without further notice to or consent from you. Under no circumstances are you entitled to payment if Maven uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.

By submitting a Submission, you represent and warrant that:

You acknowledge and agree that Maven has the right (but not the obligation) to alter, remove or refuse to post or allowing posting of any Submission. Maven encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions. Maven takes no responsibility and assumes no liability for any Submission.

Promotions: From time to time, Maven may offer you the opportunity to participate in discounts, offers or other promotions (collectively, “Promotions”). Promotions are not open to employees (and their immediate family members or members of the same household) of Maven or its agents. You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. Unless required by law, you may not combine any Promotion-related prize, premium or other benefit with a benefit received in connection with any other Promotion.

ANY PRIZE, PREMIUM OF OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM MAVEN, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.

BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE MAVEN AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.

Fees

You shall pay Maven for the Services at the then-current rates available at www.maven-labs.com/pricing (“Fee Schedule”). Maven reserves the right to change the Fee Schedule upon thirty (30) days advanced notice to you.

Maven does not store, process or transmit any of your credit card data but relies entirely on third parties to handle these functions. You must comply with such third party’s terms made available to you. If you do not agree to these terms, then please do not sign up for the Services.

The Services will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule monthly in advance or on the day the fee is due (if earlier). Monthly fees are automatically charged to the credit card that you provided when you registered for the Services. Additional Fees will be charged to you on a pro-rata basis if you add any additional licenses or seats or upgrade your Services during a Services subscription term. To cancel the Services, email [email protected] with the Subject title “Cancel Subscription.” We begin to process cancellation requests immediately but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company.

Updates To The Services

Maven may from time to time, in its sole discretion, develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates also may modify or delete certain features and functionality. You agree that Maven has no obligation to provide Updates or to continue to provide or enable any particular features or functionality.

Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, then Updates will automatically download and install or you may receive notice of or be prompted to download and install available Updates.

Please promptly download and install all Updates. If you do not, portions of the Services may not properly operate. All Updates are part of the Services and subject to these Terms.

Privacy

Please carefully review our Privacy Policy at www.maven-labs.com/privacy before providing us with any information. Our Privacy Policy applies only to information you provide to Maven. If you provide information to any third party, your personal information is governed by the third party’s privacy policy. We encourage you to be familiar with a third party’s privacy practices before providing information.

Indemnification

You are responsible for your actions. You agree to indemnify and defend Maven and its directors, officers, employees and agents (“Maven Parties”) from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against any of the Maven Parties by any third party arising from your use of the Services or violation of these Terms or applicable law. Maven reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of any of the Maven Parties may be made without Maven’s prior written approval.

Warranty Disclaimer

Although we use commercially reasonable efforts to make sure that the Services are accurate and reliable, Maven does not warrant that the Services are accurate, complete, reliable or error-free.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAVEN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Any oral or written advice provided by Maven or its agents does not and will not create any warranty.

Limitations of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE MAVEN PARTIES IS LIABLE FOR INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

YOU AGREE THAT MAVEN’S MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO THE GREATER OF THE TOTAL FEES PAID BY YOU TO MAVEN DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Maven would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

CALIFORNIA RESIDENTS: BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE\ MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Dispute Resolution

These Terms are governed by and construed and enforced in accordance with the internal laws of the State of California, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You acknowledge and agree that any legal action or proceeding between you and Maven for any purpose concerning this Privacy Policy shall be brought exclusively in a federal or state court of competent jurisdiction in San Francisco, California. Any claim arising out of this Privacy Policy must be brought within one (1) year of the date on which the claim arose.

YOU AND MAVEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

Please Note:By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Maven under the laws of any jurisdiction outside the United States are hereby waived, including any claim or action under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this agreement to arbitrate. THIS PROVISION DOES NOT APPLY IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT REQUIRES US TO USE A LEGALLY COMPETENT COURT OF THE JURISDICTION WHERE YOU RESIDE.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

Termination

You may stop using the Services at any time. We also may stop providing the Services or create limits on use of the Services, whether specifically to you or generally. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

Claims Of Copyright Infringement

We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. Our DMCA Agent only responds to notices that comply with the requirements of the DMCA. Please see www.copyright.gov for more information. Please do not send any other correspondence or inquiries to our DMCA Agent.

DMCA Notice:If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the Services, please send your claim or notice of infringement (“DMCA Notice ”) to our DMCA Agent at the address below.

Your DMCA Notice must be in writing, and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. You must sign (physically or electronically) your DMCA Notice.

After we receive your DMCA Notice, we will promptly remove or disable access to the allegedly infringing materials.

Maven may forward a copy of a DMCA Notice (including name and email address) to the alleged infringer. Any user may ask for a copy of any DMCA Notice, although Maven may make certain redactions to eliminate irrelevant or personal information. Maven will terminate, under appropriate circumstances, the accounts of users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any user for actual or apparent copyright infringement or other violations of intellectual property rights.

DMCA Counter Notification: If we receive a counter notification from you and Maven does not receive notice that a court action was filed, we will no longer accept notices from the same copyright holder regarding the content in question on the reported pages.

Under the DMCA, a counter notification must be in writing and include following:

a. Identification of the material that has been removed or to which access has been disabled, including the location at which the material appeared before it was removed or access to it was disabled;

b. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

c. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address provided by you is located (or if the address provided by you is outside the United States, you consent to the jurisdiction of the Federal District Court for any judicial district in which Maven may be found) and that you will accept service of process from the person who provided the notice or an agent of such person; and

d. Your physical or electronic signature on the counter notification.

DMCA Agent Contact Information:

Maven Technologies
Attn: Privacy Team
649 Mission Street, 5th Floor
San Francisco, California 94105
[email protected]

Notice To California Residents

With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Services, California residents are entitled to the following specific consumer rights information:

The provider of the Services is:

Maven Technologies
Attn: Privacy Team
649 Mission Street, 5th Floor
San Francisco, California 94105
[email protected]

To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact Maven via e-mail at [email protected] (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

Please see our Privacy Policy at www.maven-labs.com/privacy for information about your privacy rights.

Jurisdictional Restrictions

You are responsible for compliance with all applicable laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

The Services are based in the State of California in the United States. You acknowledge that you may not be able to access the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws

You agree that you will not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country designated by Sponsor and/or the United States Treasury's Office of Foreign Assets Control; to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; and in any other jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. Maven reserves the right to limit the availability of the Services to any person or geographic area at any time.

General Legal Terms

  1. These Terms which incorporate our Privacy Policy at www.maven-labs.com/privacy contain the entire understanding by and between Maven and you with respect to the Services.
  2. Your affirmative act of using and/or registering for the Services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically
  3. You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if an email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.You also agree that we may send you legal notices using the Services.
  4. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you.
  5. These Terms may not be amended unless in writing.
  6. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
  7. Nothing contained in these Terms will be deemed to constitute Maven or you as the agent or representative of the other or as joint venturers or partners.
  8. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
  9. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable.
  10. Headings and captions are for convenience only.

Please address your questions, complaints or claims about the Services to:

Maven Technologies
Attn: Privacy Team
649 Mission Street, 5th Floor
San Francisco, California 94105
[email protected]