terms-of-service | 99Bridges

MOSAIC TERMS OF SERVICE ("Terms")

Last updated: March 22, 2022

Please read these Terms carefully before downloading or using Mosaic. By downloading or using the Application, you are agreeing to be bound by these Terms. These Terms constitute a legal binding agreement between you and the Company which governs your use of the Application and Services made available to you by the Company. If you do not agree to these Terms, do not download or use the Application.

The Company may update these Terms from time to time, so please review them regularly. If you have agreed to a previous version of these Terms, the updated Terms will become effective 30 days after posting on our site. By continuing to access or use the Application after any updates become effective, you agree to be bound by the updated terms. If you do not agree to the updated terms, you are no longer authorized to use the Application.

These Terms are agreed between you and the Company only and not with the Application Store. The Company is solely responsible for the Application and its content. Although the Application Store is not a party to these Terms, it has the right to enforce them against you as a third party beneficiary relating to your use of the Application. You must also comply with the Application Store’s terms of service when using the Application.

Since the Application can be accessed and used by other users, you are responsible for all aspects of their use, which is expressly subject to these Terms.

Definitions
Initial capitalized terms have meanings set forth below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

“Application” means any software program or application provided by the Company, and used or downloaded by you (through an Application Store's account or otherwise) to a Device, and includes the Company’s applications Mosaic, Mosaic Desktop and Mosaic for Beyond-the-Bag.

“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple AppStore) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.

“Company” (referred to as either "the Company", "we", "us" or "our" in these Terms) refers to 99Bridges Inc.

“Content” refers to content such as text, images or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.

“Device” means any device that can access the Application such as a computer, mobile phone or digital tablet.

“Services” means the Application and related services provided by the Company.

“Terms” means these Terms of Service that form an agreement between you and the Company regarding the use of the Application and Services.

“Third-Party Services” means any services or content (including data, information, applications and other products or services) provided by a third party that may be displayed, included, made available by or that make use of the Application or Services.

“You” or “your” means or refers to the individual accessing or using the Application and Services, or the company or other legal entity on behalf of which such individual is accessing or using the Application and Services, as applicable.

Creating an Account
In order to use the Application and Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate, (b) you are 18 years of age or older, and (c) your use of the Application and Services does not violate any applicable law or regulation or these Terms. If you are under 18 years of age, you are not authorized to use the Application and Services. You are responsible for maintaining the confidentiality of your password and for all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user, (b) allow someone else to use your account or username, or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, or to terminate your account (along with your ability to access and use the Application and Services).

License
The Application is licensed, not sold, to you by the Company for use strictly in accordance with these Terms. The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use a copy of the Application strictly in accordance with these Terms. You may only use the Application on a single Device that you own or control and as permitted by the Application Store's terms and conditions. The license that is granted to you by the Company is solely for your personal, non-commercial purposes strictly in accordance with these Terms. We reserve all rights in and to the Application not expressly granted to you under these Terms.

License Restrictions

You agree not to, and you will not permit others to:
• License, sell, rent, lease, assign, transfer, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
• Use the Application for any purpose or in any manner other than as permitted in these Terms.
• Copy, modify, make derivative works of, disassemble, decrypt, decompile or reverse engineer any part of the Application.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

General Prohibitions
You agree not to, and you will not permit others to:
• Use the Application to track the location of, or collect any personally identifiable information from, any other person without their express permission.
• Access, tamper with, or use non-public areas of the Application, the Company’s computer systems, or the technical delivery systems of our providers.
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, overloading, flooding, spamming, or mail-bombing the Application or the Company’s computer systems, including sending a virus, worm, malware, trojan horse or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Attempt to access or search the Application or Content or download Content from the Application through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third party web browsers.
• Violate any applicable law or regulation, including by stalking, harassing , or tracking others for unlawful or criminal purposes.
• Encourage or enable any other person to do any of the foregoing.

Intellectual Property
The Application, Services and the information and content available therein, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights therein, are and shall remain, the sole and exclusive property of the Company. The Company shall not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to the Application or Services. To the extend the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Feedback
Any feedback, comments, ideas, improvements or suggestions provided by you to the Company with respect to the Application or Services (“Feedback”) shall be the sole and exclusive property of the Company, and the Company may use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or compensation to you.

Modifications and Updates
The Application and our Services continue to evolve as we look for ways to improve them. The Company reserves the right to update, modify, suspend or discontinue, temporarily or permanently, the Application or any part of it or any service to which it connects, with or without notice and without liability to you. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to these Terms. Certain updates may be required to continue use of the Application and Services. You consent to the Company automatically installing available updates, and agree that failure to install available updates may render the Application or Services unusable.

Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, is obligated to furnish any such maintenance or support.

Third-Party Services
The Application may be used by third parties (such as retailers or providers of reusable items) to provide their Third-Party Services. The Application may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services that are not under our control. It is possible for such third party providers to obtain information about you that you provide, publish or post to or through the Application or third-party websites (including any profile information you provide). Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' pricing, terms and policies (including privacy policies). We are not responsible for the use of any personal information that you disclose to third party providers using the Application. You acknowledge and agree that the Company is not responsible for any Third-Party Services, including their content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, performance or any other aspect thereof.

Payments
If you make a purchase through the Application, you expressly authorize us (or our third-party payment processor) to charge you for such purchase. We may ask you to provide information relevant to your purchase, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (collectively, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by Payment Information that you provide us. You acknowledge and agree that we have no liability with respect to any act or omission by our third-party payment processor or your payment provider. When you initiate a purchase, you authorize us to provide your Payment Information to third parties so we can complete your purchase and to charge your payment method for the purchase (plus any applicable taxes and other charges).

Privacy Policy
The Company collects, stores, maintains, and shares information about you in accordance with our Privacy Policy: https://www.99bridges.com/privacy-policy. By agreeing to these Terms, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

Content Restrictions
The Company is not responsible for the entries, information or Content of the Application's users. You expressly understand and agree that you are solely responsible for your Content and for all activity that occurs under your account, whether done so by you or any other person using your account. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we may also make your Content available to other users of the Application, who may view and/or use your Content, subject to these Terms.

You agree not to submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, (ii) violates, or encourages any conduct that violates, any applicable law or regulation or would give rise to civil liability, (iii) is fraudulent, false, misleading or deceptive, (iv) is defamatory, obscene, pornographic, vulgar, offensive or is intended to disgust, (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any person or group, (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity, or (vii) promotes illegal or harmful activities or substances.

Examples of such objectionable Content include, but are not limited to, the following:
• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin or other targeted groups.
• Spam, machine or randomly-generated content constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Impersonating any person or entity including the Company and its employees or representatives.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and to refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company may also limit or revoke your use of the Application if you post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Term and Termination
These Terms shall remain in effect until terminated by you or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate your account with or without prior notice. Your account will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of these Terms. You may also terminate your account by deleting the Application and all copies thereof from your Device. Upon termination, all rights and licenses granted to you under these Terms immediately end, and you shall cease all use of the Application and delete all copies of the Application from your Device. Termination of your account will not limit any of the Company's rights or remedies at law or in equity in case of breach by you of any of your obligations under these Terms.

Indemnification
You agree to indemnify and hold the Company, its affiliates, and their respective officers, employees, agents, partners and licensors (if any) harmless from any claim, action, suit, demand, loss, cost and liability (including reasonable attorneys' fees) due to or arising out of your: (a) use of the Application or Service, (b) violation of these Terms or any law or regulation, or (c) violation of any right of a third party.

No Warranties
THE APPLICATION AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE APPLICATION OR SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APPLICATION; OR (IV) THAT THE APPLICATION, ITS SERVERS, THE CONTENT, NOTIFICATIONS OR EMAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE FROM VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, AND IN SUCH CASES THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT CANNOT BE DISCLAIMED, THE COMPANY, NOT THE APPLICATION STORE, SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY.

Limitation of Liability
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS FOR YOUR USE OF THE APPLICATION OR SERVICES OR UNDER ANY PROVISION OF THESE TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY LOSS OF REVENUE OR PROFITS, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APPLICATION OR SERVICES, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE APPLICATION OR SERVICES, OR OTHERWISE IN CONNECTION WITH THE APPLICATION OR SERVICES), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE APPLICATION STORE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT THE APPLICATION STORE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims
The Company does not make any warranties concerning the Application or Services. To the extent you have any claim arising from or relating to your use of the Application or Services, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) any claim arising under consumer protection, or similar legislation.

United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law rules or principles. Your use of the Application and Services may also be subject to other local, state, national, or international laws. All disputes, claims or controversies arising out of or relating to the Application, Services or these Terms shall be determined exclusively by binding arbitration. The arbitration shall be conducted in Palo Alto, California through JAMS before a single neutral arbitrator, in accordance with the JAMS arbitration rules then in effect. The JAMS rules may be found and reviewed at https://www.jamsadr.com/rules-comprehensive-arbitration/. This arbitration section is governed by the Federal Arbitration Act. If any term of this arbitration provision is held to be invalid or unenforceable, all other valid terms and conditions of this arbitration provision shall be severable in nature, and remain fully enforceable. YOU AND THE COMPANY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY. YOU AND THE COMPANY FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. Notwithstanding the foregoing, each party may seek injunctive relief in court related to the improper use, disclosure or misappropriation of that party’s intellectual property rights or proprietary, confidential and/or trade secret information.

Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding your use of the Application and Services, and supersedes all prior and contemporaneous written or oral agreements between you and the Company. You may be subject to additional terms and conditions that apply when you use or purchase other Company's services, which the Company will provide to you at the time of such use or purchase.