Posted: May 25, 2015
When you use our Services, you provide us with things like your files, content, email messages, contacts and so on ("Your Assets"). Your Assets are yours. These Terms don't give us any rights to Your Assets except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Assets, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Assets. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties with whom we work.
Our Services let you share Your Assets with others, so please think carefully about what you share.
You're responsible for your conduct and Your Assets. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for your assets.
Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.
Finally, our Services are not intended for and may not be used by people under the age of 18. By using our Services, you are representing to us that you're 18 or over.
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, MojitoApp trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
Billing. You can upgrade plans, plugins, and add paid features to your account. We'll automatically bill you from the date you register and on each periodic renewal, typically monthly, until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
No Refunds. You may cancel your MojitoApp at any time but you won't be issued a refund unless it’s legally required.
Downgrades. Your Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or if you use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, MOJITOAPP AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR MOJITOAPP’S OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL MOJITOAPP, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS WILL BE REGARDLESS OF WHETHER OR NOT MOJITOAPP OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, MOJITOAPP, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO MOJITOAPP FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
We want to address your concerns without needing a formal legal case. Before filing a claim against MojitoApp, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or MojitoApp may bring a formal proceeding.
Judicial forum for disputes. You and MojitoApp agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and MojitoApp consent to venue and personal jurisdiction in such courts.
We Both Agree To Arbitrate. You and MojitoApp agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by submitting the opt-out form within 30 days of first accepting these Terms.
Exceptions to Agreement to Arbitrate. Either you or MojitoApp may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
These Terms will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
These Terms constitute the entire agreement between you and MojitoApp with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
MojitoApp’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. MojitoApp may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, or posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
Should you have any questions or require additional information about our Terms & Conditions of Service, please contact us at email@example.com.