END USER TERMS OF USE

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COMPANY TERMS

Your subscription to access and use the Services may be paid for by a Company. If your subscription is paid for by a Company, you agree to accept any terms and conditions (including any confidentiality or privacy terms) imposed by the Company (collectively, “Company Terms”) and that Your User Content (defined below), including personal data and metadata, may be shared by Maven with the Company. By agreeing to access and use the Services pursuant to a subscription paid for by a Company, you expressly agree to such sharing. If you register to use the Services in connection with a Company, Maven shall be entitled to assume that you have accepted the Company Terms and agree to be bound by the Company Agreement.

You acknowledge and agree that Companies are third-party companies that are not owned or controlled by Maven. Maven is not responsible for and cannot control the Company Terms or activities of any Company. You agree that Maven has no liability whatsoever for the Company, and Maven is not a party to the Company Terms.

PRIVACY

Your use of the Services, and the use of any information collected by us through your use of the Services (including, without limitation, any account registration information) is subject to the Maven privacy policy located here: www.mavenanalytics.io/terms, which is incorporated as part of these Terms. Your use of the Services signifies your acceptance of the privacy policy.

MODIFICATION TO THESE TERMS

We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms, the Privacy Policy, or the Community Guidelines at any time. If you have registered as a user with an account and an email address, Maven will notify you of any material changes prior to those changes taking effect, via email and/or via the Services. If we make changes, such changes will also be posted on the Platform and indicated by the "Last Update" date at the top of the page. Any such changes are effective and binding the next business day. Any changes to these Terms apply to all access to and use of the Services thereafter, and your continued use of the Services constitutes your acceptance of the revised Terms. You should review all applicable terms regularly. In the event new terms may be displayed on-screen, you may be required to read and accept them to continue your use of the Services. If you choose not to accept any new terms, you may close your account and/or stop using the Services. Where the law allows, you acknowledge that continued use of Services after Maven posts or sends notice of updated terms means that your personal data is subject to any updated Privacy Policy. Any Company Agreement may be updated by Maven and the applicable Company from time to time in their sole discretion.

ADDITIONAL TERMS

During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which Maven will provide to you prior to your use of those features in the event of a conflict between such additional terms and these Terms, the additional terms shall control with respect to the Service, feature, or functionality to which such additional terms apply. Some features may not be available to all users, and Maven has no liability to you for limiting your right or access to certain features of the Services. 

UPDATES TO THE SERVICES

Maven shall have the right in its sole discretion to substitute, replace, modify, improve, update or upgrade (“Updates”) the Services as Maven deems advisable; and all such updates shall be incorporated in and subject to these Terms and shall be the exclusive property of Maven. If Maven shall provide you with any updates, you will be required to utilize such version. Maven will only be required to support the most recent and current version provided to you. Depending on the update, you may not be able to use the Services until you have downloaded the latest version and accepted any new terms that may apply. In case of a conflict between these Terms and other terms provided with respect to updates, such other terms will prevail. This section will not require Maven to deliver new features and functionality nor any future offerings.

ACCOUNT REGISTRATION

You may browse the Site without registering for an account; however, you are required to register for an account in order to access and use the Services. To register for an account, you must be 18 or over and old enough to form a binding contract in the jurisdiction in which you reside. If you are under 18 years of age, you may not use the Services.

You agree to provide and maintain only true, accurate, current and complete information about yourself as part of your account. You here by consent to our access to and collection of such personal information about you, and to our disclosure of any such personal information with Brands you choose to interact with as part of the Services. You acknowledge that we will process such personal information in accordance with our Privacy Policy. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, you agree that you will not create an account for anyone other than yourself.

As part of the account registration process, you must select a username and password. You are solely responsible for maintaining the confidentiality of your password and account. You may not authorize others to use your account, and you may not sell, share, assign, license, or otherwise transfer your account, login information, or any other account rights or obligations to any other person or entity. Maven shall be entitled to assume that a user presenting your username and password is, in fact, you. You are responsible for your account and all the activity on it. You are responsible for maintaining the confidentiality of your password and account. We are not liable for any loss or damage arising from your failure to protect your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of which you are aware or suspect.

By registering for an account, you hereby authorize Maven to send you emails and other communications.

You represent and warrant that you are not a competitor of Maven and are not using the Services in competition with Maven. You further represent and warrant that you are using the Services solely for personal reasons only, or for the purposes of the Company who paid for your subscription.

We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any user or the Services at any time for any reason without liability. If your account is suspended from using the Services by us at any time, you are not eligible to use the Services under any account until we reinstate access to your suspended account.

We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any user or the Services at any time for any reason without liability. If your account is suspended from using the Services by us at any time, you are not eligible to use the Services under any account until we reinstate access to your suspended account.

You acknowledge and agree that if you are registering to use the Services A USER PAID FOR BY a COMPANY, your approval to register to use the Services AS A PAID USER OF such COMPANY is determined by the COMPANY. MAVEN HAS no responsibility or liability for any rejection of your registration by any COMPANY.

FEES, ORDERS, PAYMENT AND CANCELLATION

This section does not apply to you if you are a paid user of a Company, for as long as you are a paid user of that Company. As soon as you are no longer a paid user of a Company, this Section applies to you.

By using the Services, you agree to pay all fees and charges incurred in connection with your subscription. When you register for the Services, you have a free trial period of a specific number of days, as further described when you register for the Services. You may cancel the trial period at any time during the trial period through the “my accounts” link within your account. If you cancel during the trial period, you will not be billed for the Services. If you do not cancel during the trial period, we will automatically bill you beginning on the first day following the end of the trial period. At the conclusion of your initial subscription (1 month or 12 months), your subscription will automatically renew for successive terms equal in length to your initial subscription, and we will automatically bill you for the fees applicable to the renewal. If you have purchased an annual subscription, we will send you an email notification regarding your renewal prior to your renewal date. You must terminate your subscription by cancelling through the “my accounts” link within your account prior to the end of your current subscription period. If your subscription has renewed for the next subscription period (whether monthly or annual), you may not cancel it until the end of that subscription period. Some jurisdictions have mandatory laws applicable to cancellation rights, and this paragraph is not intended to override such laws. If you do not make your payments when due, we may suspend your account and your access to the Services.

You may also order the Services by executing a Maven Analytics order form (“Order Form”) with Us. The terms of any Order Form may contain different terms and conditions from these Terms, and in the event of any conflict, the Order Form shall control.

No refunds for any Services Fees will be granted, unless required by applicable law.

All prices are shown in U.S. dollars. Prices for our Services are subject to change. If you are an existing subscriber, we will use commercially reasonable efforts to notify you of any pricing changes via email, at the email address associated with your account. Otherwise, pricing changes will be posted on the Site.

All payments shall be made via credit card. You represent and warrant that you will not use a credit card unless you have all necessary legal authorization to do so. We are not responsible for any unauthorized amounts billed to your credit card by a third party.

Credit card payment processing services are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Terms of Service https://stripe.com/legal and the Stripe Privacy Policy located here https://stripe.com/privacy  (collectively, the "Stripe Services Agreement"). By using the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to our enabling credit card payment processing services through Stripe, you agree to provide us accurate and complete information about you, and you authorize us to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to the Services Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

USE OF THE SERVICES

Subject to your compliance with these Terms, and in consideration for the payment of applicable fees, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to view Maven Content (defined below) made available via the Services for your personal use only. Other than a Company (if applicable) or as expressly set forth in a Company Agreement that applies to your subscription, this license may not be used by or for the benefit of any other person or third party. You are authorized to use the Services only during the subscription period that you register and pay for (or that a Company pays for). You (or a Company, if applicable) are responsible for procuring and maintaining the network connections that connect you to the Services. Other than as expressly set forth in these Terms, no licenses or rights are granted to you by implication or otherwise.

MAVEN CONTENT

Maven makes available certain Maven Content via the Services. “Maven Content” includes content, information, materials, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, artwork, videos, user interfaces, and the “look and feel” of the Services, and all intellectual property rights related thereto. Maven Content is subject to change at any time without notice.

As between you and Maven, all Maven Content are owned by Maven and its licensors, and Maven retains all right, title and interest in the Maven Content, including all modifications, enhancements, and derivatives of Maven Content (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies of Maven Content. Maven and its licensors reserve all rights not expressly granted in and to Maven Content.

Use of the Maven Content not expressly permitted by these Terms is strictly prohibited. Maven Content may not be downloaded, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without Maven’s prior written consent. You may not create derivative works from Maven Content without Maven’s prior written consent. You agree to respect and not remove all copyright, trademark, and other legal notices, information, and restrictions contained in the Maven Content. You shall access and use Maven Content for lawful purposes only.

Subject to the terms and conditions of the Terms, during the term of your subscription only, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access the Maven Content provided by us through the Services for your personal and non-commercial use only, and solely in compliance with these Terms. Maven may terminate this license at any time for any reason or no reason.

All Maven Content is provided for informational purposes only. No Maven Content is intended to provide financial, legal, tax or other professional advice. The quality of the display of the Maven Content may vary from device to device and may be affected by factors outside of our control, such as your internet connection and geographic location.

USER GENERATED CONTENT

Our Services may include the ability to, and users of the Services may be permitted to upload, post or transmit or otherwise make available data, content, information, images, photographs, text, videos, information, logos, representations, comments, links, charts, graphs, graphics, and/or other materials through the Services (“User Content”). User Content includes all submissions by users to the User Communities. User Content also includes all content and materials you post to your User Portfolio.

You understand and acknowledge that you are responsible for all User Content you post on the Site or use with the Services (“Your User Content”). You represent that all Your User Content is in compliance with these Terms, and if applicable, the Company Agreement and Company Terms. You further acknowledge that Maven has no obligation to prescreen, monitor, review, or edit any content posted by you and other users on the Services.

You represent and warrant that: (i) You either own fully and outright or otherwise possesses and have obtained all rights, approvals, licenses, consents, clearances, and permissions as are necessary to provide Your User Content and to permit Your User Content to be used in accordance with these Terms; (ii) Your User Content, and its use in connection with the Services does not infringe, violate or misappropriate any third party’s rights; and (iii) You have complied with all applicable laws and regulations, including those related to data privacy, export control, and transfer of data to and from the United States. 

Any User Content you provide will be considered non-confidential and non-proprietary. You understand that all Your User Content may be provided to Company (if applicable) and may be publicly accessible and may be searchable on the internet. Company, other users of the Services, and other individuals may be able to view, interact with and share Your User Content, whether via the Services or via third-party sites. We are not responsible for any third party (including without limitation, any Company or other Maven user) use of the Your User Content and we hereby disclaim any liability in relation to the same.

You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary, or that any third party (including, without limitation your employer or previous employer) considers to be confidential or proprietary. You will not use any third party logos, trademarks, tradenames or other intellectual property of any third party in Your User Content without the consent of such third party. You understand that any of Your User Content is posted at your own risk, and you are fully responsible and liable for any breach of confidentiality obligations or breach of intellectual property rights by Your Content.

You or the owner of Your User Content still own the copyright in Your User Content sent to us, but by submitting Your User Content via the Services, you hereby grant us a worldwide, perpetual, unconditional, irrevocable, non-exclusive, sub-licensable, royalty-free, fully paid up, fully transferable, right and license to use, host, edit, copy, modify, perform (publicly or otherwise), adapt, reproduce, sublicense, communicate, archive, display, make derivative works of, publish and/or transmit, and/or distribute and otherwise fully exploit Your User Content in whole or in part, and to provide Your User Content to Company. This right and license includes, without limitation, the right and license to authorize Company, other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit Your User Content in any format, manner, or medium, and on any platform, either now known or hereinafter invented as Maven sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of Your User Content. You acknowledge and agree that no compensation of any kind will be paid to you or any third party for use of Your User Content as described in this paragraph.

By posting Your User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to Your User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Your User Content you post or otherwise submit to the Services.

All User Content must be in compliance with these Terms, including, without limitation, the Restrictions on Use set forth below and the Community Guidelines.

If you wish to report User Content that does not comply with these Terms, please [contact us here](https://mavenanalytics.io/contact). We have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any of Your User Content that you submit to the Services on your personal device in the event that you wish to ensure that you have permanent access to copies of such User Content. Do not use the Services for backup or storage purposes.

Maven has a right to disclose your identity to any third party who is claiming that any content posted by you to our Services constitutes a violation of their intellectual property rights or of their right to privacy. Maven reserves the right to cut, crop, edit, or refuse to publish Your User Content at our sole discretion. You acknowledge that Company may have the ability to delete certain content you may publish. Further, Maven has the right to remove, disallow, block, or delete any of Your User Content for any reason in our sole discretion, including, without limitation, if your post does not comply with these Terms, to comply with legal obligations, to comply with our contractual obligations with any Company, or in response to complaints from other users or third parties, including Brands, with or without notice and without any liability to you. We also reserve the right to suspend or terminate any account and/or any user who violates these Terms. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit Your User Content does not place us in a position that is any different from the position held by members of the general public, including with regard to Your User Content.

Maven accepts no responsibility or liability for any User Content (or your access to or use of such User Content), whether submitted by you or any third party. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content. User Content has not been verified or approved by us, and we have no obligation to pre-screen, monitor, review, or edit any User Content. You acknowledge that User Content is the sole responsibility and liability of the person who posted the applicable User Content. We are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted in any User Content. You acknowledge and agree that when you view User Content provided by others on the Services, you are doing so at your own risk. Under no circumstances will we be liable in any way for any User Content.

You will indemnify, defend hold harmless, and release Maven from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys’ fees), claims, suits, actions, or proceedings relating to Your User Content and/or Maven’s use of Your User Content in accordance with these Terms. 

RESTRICTIONS ON USE

You shall not (and shall not permit others to): (a) copy the look-and-feel or functionality of the Services or Content (where “Content” means both Maven Content and any third party User Content but not Your User Content); (b) remove any proprietary notices, marks, labels, or logos from the Services or Content; (c) change, alter, modify, decompile, disassemble, translate, reverse engineer, create derivative works, transfer, mirror or frame, sell, resell, rent, lease, sublease, loan, translate, merge, adapt, vary, distribute, perform, publish, sublicense, transfer or otherwise exploit the Services, the Content or any portion thereof; (d) you may not attempt to derive the source code or the inner workings of the Services or use the Services or Content in order to create a competitive product or service; (e) you may not archive, download reproduce, duplicate, bootleg, or otherwise make any copies of the Services or Content. This license does not allow you to distribute or make the Services or Content available over a network where it could be used by multiple devices at the same time. Without our express written consent in each instance, you may not: (1) use the Services or Content for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (2) incorporate the Services or Content in any other program or product. You may not publicly perform the Services or Content. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services or Content.

You may not use the Services or Content for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In the using the Services and Content, you warrant that you will not violate any international, federal, state or local laws, rules, regulations or ordinances. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind to the Services, or any code that will affect the functionality or accessibility of the Services or Content. You may not use the account of any other user. You will not use the Services, Content, or Your User Content to (a) impersonate any person or entity, or submit false or misleading information (such as using a false e-mail address or pretending to be someone other than yourself) or otherwise misrepresent you or your affiliation with any person or entity; (b) collect or track the personal information of others or use any data mining, data gathering, or extraction method; (c) use any robot, spider, scraper, bot, crawler, script, or other automated means to access the Services, collect information from, or otherwise interact with the Services; (d) submit any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; or (e) to interfere with or circumvent the security features of the Services. You will not to use the Services or Content in or for the benefit of a country, organization, entity, or person embargoed or blocked by the United States government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). A breach or violation of any Terms may result in an immediate termination or suspension of your ability to access the Services, Content and Your User Content.

You may not submit Your User Content that, or use the Services in a manner that (a) is discriminatory, including discrimination based on race, sex, gender, gender identity, religion, nationality, disability, sexual orientation or age; (b) may create a conflict of interest or undermine the purposes of the Services; (c) includes any private information, personal information, or confidential information of any third party or person; (d) is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory or of a violent nature; (e) constitutes, encourages or provide instructions for criminal or unlawful acts; and (f) is intended to defame, abuse, impersonate, intimidate, harass, harm, or bully any person, or contains a threat of any kind.

In addition to the above, your access to and use of the Services and Content, and your submission of all Your User Content must, at all times, be compliant with our Community Guidelines.

You are solely responsible for your interaction with other users of the Services, including ANY COMPANY (IF APPLICABLE). We reserve the right, but shall have no obligation, to monitor or become involved in disputes between you and other users and take such action as we deem necessary.

We reserve the right, at any time and without prior notice, to remove or disable access to Content and/or Your User Content at our discretion for any reason or no reason.

You will indemnify, defend hold harmless, and release Maven from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys’ fees), claims, suits, actions, or proceedings relating to your violation of these Restrictions On Use or the Community Guidelines.

BETA SERVICES

From time to time, Maven may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to the public (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Maven will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Confidential Information of Maven and subject to the confidentiality provisions in these Terms. Maven makes no representations or warranties that the Beta Services will function. Maven may discontinue the Beta Services, as with any of the Services, at any time in its sole discretion. Maven will have no liability for any harm or damage arising out of or in connection with a Beta Service or any of the Services. The Beta Services may not work in the same way as a final version. Maven may change or not release a final or commercial version of a Beta Service at our sole discretion.

INTELLECTUAL PROPERTY

Our Services and Content are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Services and Content.

You acknowledge and agree that the Services and Maven Content are proprietary to Maven Analytics and its licensors and that Maven Analytics and/or its licensors retain exclusive ownership of the Services and Maven Content, including all modifications, enhancements, derivatives, and other software, documentation and materials relating to the Services and Maven Content (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies thereof.

The Maven name and logo are trademarks of Maven Analytics, LLC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Maven.

THIRD PARTIES

The Services may contain links to third party sites, services, networks, platforms, or apps (“Third Party Applications”), including but not limited to Companies (if applicable) and payment platforms (such as Stripe). However, please be aware that Maven is not responsible for and cannot control the terms of service or privacy policies of such Third Party Applications. We encourage you to read the applicable agreements for all Third Party Applications. These Terms applies solely to these Services. Maven is not responsible for and makes no representations or warranties regarding Third Party Applications, including without limitation, the content, accuracy, opinions, functionality, or services provided in such Third Party Applications. Inclusion of any Third Party Applications in the Services does not imply approval or endorsement by Maven. If You decide to access any Third Party Applications, then You do so at your own risk. Maven makes no representations or warranties regarding your use of any Third Party Applications, which shall be governed by a separate agreement between your and the owners of such Third Party Applications. You agree that Maven has no liability whatsoever for the Third Party Applications, including, without limitation, providing continued access to the Third Party Applications, technical issues related to the Third Party Applications or their interaction with the Services, and any damages or claims caused by, arising out of or relating to the Third Party Applications. Any correspondence and business dealings with third parties via the Services are solely between you and the third party.

We may exchange information (including, without limitation, Your User Content) with third party service providers in order to facilitate the provision of Services (and related third party services). Where such information consists of Personal Data (as defined in the privacy policy), it will only be shared in accordance with the privacy policy. [www.mavenAnalytics.io/terms](https://mavenanalytics.io/terms)

DIGITAL MILLENNIUM COPYRIGHT ACT

We respect intellectual property rights. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material or Content available on our Site or in the Services infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing all the following information: (1) the full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor; (2) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works; (3) identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including URL(s) if possible); (4) your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you. Your notification must also include statements regarding the following: (A) You have good faith believe that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent or the law; and (B) the information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.

Please deliver the notification to:

By Email: admin@mavenanalytics.io

By Mail: Maven Analytics LLC, 501 Boylston St., Floor 10, Boston MA 02116

FEEDBACK

If you send us you send ideas, comments, suggestions, proposals, plans, or other materials related to the Services, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction use, sell, disclose, and otherwise fully exploit in any medium any Feedback that you provide to us for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. Feedback is not confidential. We are and shall be under no obligation to respond to any Feedback. 

DISCLAIMERS

THE SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OR ACCESS TO THE SERVICES, CONTENT OR YOUR USER CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE ACCURATE. COMPLETE, OR RELIABLE. YOU SHOULD NOT RELY ON ANY SUCH INFORMATION FOR DECISION-MAKING PURPOSES. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS. WE MAKE NOT REPRESENTATIONS OR WARRANTIES REGARDING HOW THE CONTENT OR YOUR USER CONTENT WILL APPEAR YOUR SPECIFIC DEVICE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE ALL OR PART OF THE SERVICES, CONTENT AND/OR YOUR USER CONTENT FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU.  YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES, CONTENT AND YOUR USER CONTENT IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

LIMITATION OF LIABILITY

We shall not be liable to you for any losses, whether in contract, tort, statutory duty or otherwise (including but not limited to direct, indirect, special, incidental or consequential losses or damages), that are directly or indirectly related to: (a) your access and use of the Services or that of third parties; (b) MAVEN Content or any third party content made available to you via the Services, (c) Your USER Content; (d) your inability to use the Services; (e) use of Your USER Content by third parties; (f) any third party claim of intellectual property infringement in relation to Your USER Content or any other user content; (g) any damage to any devices, including any computer, mobile device, or other equipment or technology, including but not limited to any damage which results from any security breach or from any virus, bug, malware or fraud; (h) loss of, or damage to, any of Your USER Content or other data; or (i) accuracy of information or results; whether or not such losses are foreseeable and regardless of whether we have been advised or, or should have known about, the possibility of such damages.

IN NO CASE SHALL MAVEN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, LOSS OF CONTENT, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM THESE TERMS, YOUR USE OF ANY OF THE SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY OF THE SERVICES OR CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,

THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT OR YOUR USER CONTENT EXCEED THE FEES ACTUALLY PAID BY YOU (AND NOT ANY COMPANY) IN ONE MONTH PERIOD IMMEDIATELY LEADING UP TO THE EVENTS GIVING RISE TO THE CLAIM.

IF YOUR SUBSCRIPTION FEES ARE PAID BY A COMPANY, TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT OR YOUR USER CONTENT EXCEED $100.

TERMINATION

You may stop using the Services at any time. You may delete Your User Content at any time. You may delete your account at any time.

We may suspend or terminate your use of the Services and/or Content immediately and without liability to you if you violate these Terms, or if your continued use of the Services or Content would cause a risk of harm or loss to us, our other users, or any third party. We may delete all Your User Content immediately upon termination of your account.

If payments are made by you and not by a Company, you remain liable for your payment obligations made by you prior to any termination or deletion, including without limitation, the remainder of subscription period registered to your account.

Upon any termination or expiration of these Terms for any reason: (i) we shall no longer provide the applicable Services to You and You and You shall cease using the Services; (ii) we may deactivate and/or delete your user account and you agree not to attempt to access your user account, or create any other user account without our prior written consent; (iii) you must immediately remove the Platform from all devices; and (iv) you must immediately cease all activities authorized by these Terms. We may delete all Your User Content immediately upon termination of your account, or we may continue to use Your User Content in accordance with these Terms and if applicable the Company Agreement. We may continue to allow a Company who paid for your subscription to access and use Your User Content in accordance with the Company Agreement and the Company Terms.

Except as expressly provided herein, termination of these Terms by either party will be a nonexclusive remedy for Us and will be without prejudice to any other right or remedy of Us. Provisions which by their nature should survive termination of these Terms shall survive any such termination.

DISCONTINUATION

Not all Services or Updates may be available in all geographic areas or to all users. We may, in our sole discretion, decide to modify, improve, or discontinue all or part of the Services or Content at any time, with or without notice, and without liability to you. If you have an active subscription, where reasonably practicable to do so, we may elect to give prior written notice if we terminate the Services in their entirety pursuant to this paragraph.

If you have an active subscription and we terminate the Services in their entirety pursuant to this Discontinuation provision, as our sole liability for such discontinuation, we shall refund a pro-rated portion any pre-paid fees for a subscription to the Services you have not received, calculated as of the date of termination if the discontinuation occurs before the end of any subscription for which you have paid. You will not receive a refund of any fees paid by a Company. For the avoidance of doubt, you will not receive a refund of fees if we terminate these Terms or your access to the Services for your breach of these Terms.

We may, but do not promise to, store or keep any Your User Content that you have provided or posted. MAVEN SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION OF SERVICES. You may also deactivate your user account at any point from your account settings within the Platform (please be sure to read any Company Terms applicable to any such deactivation prior to deactivating).

DISPUTES

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed by you within one (1) year after such claim of action arose or be forever banned.

If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Massachusetts law. Your written notification must be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.

FORCE MAJUERE

Maven shall not have any liability for any failure to perform obligations under these Terms if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Maven or such other party.

EXPORT CONTROL

You agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a “terrorist supporting” country; and (ii) you are not listed on any United States list of prohibited or restricted parties.

MISCELLANEOUS

Except as otherwise stated herein, these Terms constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of Maven to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provision. These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

NOTICES AND MESSAGES

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us via the contact form found in our website [INSERT] or by prepaid post to Maven Analytics, LLC 501 Boylston St., Floor 10, Boston MA 02116. We will confirm receipt of this by contacting you in writing, normally by e-mail.

If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us. You agree to receive messages, including notices and marketing materials, through the Services or through your contact email. It is your responsibility to ensure Maven has your current email address. Any notice sent to you via such email address by Maven shall be deemed given, received, and read by you, whether or not it actually is received and/or read.

MOBILE DEVICES/CARRIER CHARGES

Certain portions of the Services may be configured for mobile devices, mobile websites, and/or mobile applications (collectively, “Mobile Media”). This Terms shall apply with equal force and measure to your access and use of the Services through Mobile Media. If you visit, access, or use the Services through Mobile Media, then you hereby acknowledge and agree that information about your use of the Services through a mobile device and/or a mobile device carrier (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to Maven; and that you accept full responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any. The data fees, rates, and charges of your mobile device carrier may apply to your visit, access, and/or use of the Services. Maven is not responsible for, and you further accept full responsibility for, all mobile device and carrier fees, rates, and charges that may apply, if any. 

APPLE APP STORE

The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms of Service (located at  http://www.apple.com/legal/internet-services/itunes/us/terms.html) as of the effective date hereof (“Apple’s Usage Rules”):  The Parties hereby acknowledge that:

• these Terms is between the Parties only, and not with Apple;

• Apple is not responsible for the Services, or the content thereof;

• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;

• Apple has no warranty obligations, whether express or implied;

• Apple is not responsible for addressing any claims you or any third party have or may have relating to any of the Services or your possession and/or use of any of the Services, including, without limitation, (i) product liability claims, (ii) any claim that such Services fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims;

• these Terms’ usage rules for the Services are not intended to be less restrictive than Apple’s Usage Rules;

• Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms; and

• Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

If you download, access, or use any of the Services from or through Apple’s App Store, then the limited license granted to you hereunder with respect to such Services is hereby amended to add the following restriction: you may not use such Services on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control, or in any manner that is contrary to Apple’s Usage Rules. 

CONTACT US

Questions about these Terms should be sent to: admin@mavenanalytics.io

You may also reach us by mail at:

Maven Analytics, LLC
501 Boylston St., Floor 10
Boston MA 02116