Terms of Service
These Terms and Conditions (the “Terms”) create a legal agreement between you (a “User”) and Maus Software, LLC. (“Maus”). These Terms govern your use of the website, services, and software (collectively, the “Services”) provided by Maus. By accessing or using the Services, you acknowledge and agree that you (a) have the right, authority, and capacity to enter into this agreement and (b) have read, understand, and agree to be bound by these Terms. Maus may, from time to time, modify these Terms. Please check this page periodically for updates. Your continued use of the Services after any such update to these Terms constitutes your binding acceptance of such changes.
To access the Services, you must register for an account by providing your name and valid email address, create a password, and provide us with other requested information. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. Maus will not be liable for any loss, damages, liability, expenses or attorneys’ fees that either you or Maus may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization.
Acceptable Use of Service/Restrictions
You must use the Services in a manner consistent with any and all applicable laws and regulations. Maus reserves the right to immediately suspend or terminate your account or your access to the Services should you fail to abide by these Terms or use the Services for any illegal or unauthorized purposes.
If your access to and use of the Services is based on your employment and/or membership in a business organization or legal entity that has paid for a license and/or subscription to Maus (“Customer”), you acknowledge and agree that Maus may notify Customer of any violations by you of these Terms and that the both Maus and/or Customer may control your use of the Services in accordance with applicable local laws, including, but not limited to, restricting your access to the Services, enabling or disabling third-party integrations, accessing, modifying, or removing your Content (as defined below) and/or terminating your access to your account for any reason.
Accounts activated or registered by “bots” or other automated methods are not permitted. If Maus has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services without the express written permission of Maus.
If you qualify for a free Maus coach account, you agree to use such free coach account solely for the limited purposes of strategic planning, execution and growth of your personal coaching practice. You expressly agree that you will not use your free coach account in connection with any for-profit or non-profit enterprise that you may be associated with or in which you may have an operational role.
Maus’ Proprietary Rights
The Services contain the copyrighted material, trademarks, patents, trade secrets, and other proprietary information (“Intellectual Property”) of Maus. Maus owns and retains all proprietary rights in the Services and the Intellectual Property. The provision of Maus’ Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property. You may not: distribute, sub-license, translate, reverse-engineer, decompile, or disassemble the Services or Intellectual Property or the source code thereof, or attempt to derive the source code thereof in any other way; modify the Services or Intellectual Property or merge all, or any part, of the Services or Intellectual Property or the source code thereof into another program; or remove, modify or alter any of Maus’ Intellectual Property from any part of the Services or Intellectual Property or the source code thereof.
The Services allow you to submit information, text, images, and other materials (“Content”). If your access to and use of the Services is through a Customer account, you acknowledge and agree that the Customer owns all Content that you submit or upload to the Services. However, Maus maintains a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit and display your Content for the limited purpose of providing the Services to you and to improve the quality of Maus’ products and platform. By providing Content to Maus, you represent and warrant that you have the right to provide such Content to Maus and that such Content does not infringe, misappropriate, violate or contravene any laws, regulations, or rights of third parties (including, without limitation, any rights in Intellectual Property). You understand that Maus does not control, and is not responsible for, user generated Content, which may contain errors and inaccuracies, and that by using the Services, you may be exposed to Content from others that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree to indemnify, release, and hold Maus harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.
To the fullest extent permitted under applicable law, the Services are provided by Maus “As Is” without warranty, representation, or guarantee of any kind, either expressed or implied, including, but not limited to, any warranty of quality, merchantability, fitness for a particular purpose, accuracy or non-infringement, all of which are expressly disclaimed by Maus. Maus does not guarantee and does not promise any specific results from the use of the Services.
Limitation of Liability
To the fullest extent permitted under applicable law, in no event shall Maus or its directors, officers, employees, agents or other representatives be liable to you or any other person or entity for any indirect, incidental, special, consequential, or punitive damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of or in connection with the Services, whether or not Maus has been advised of the possibility of such damages and regardless of the legal or equitable theory upon which the claim is based. If the foregoing limitation of liability is found to be unenforceable, Maus’ liability for any claim or cause of action arising from your use of the Services will at all times be limited to the amount you paid to Maus for the Services during the twelve (12) months preceding such cause of action.
You agree to indemnify, defend and hold Maus and its affiliates, directors, officers, agents, employees, representatives and other partners harmless from any loss, liability, claim, demand or cause of action of any kind, including, but not limited to, reasonable attorney’s fees, asserted by any third party in connection with or arising from your use of the Services, submission of Content, violation of these Terms or any applicable law, or any breach of your representations and warranties set forth herein.
Payment, Billing & Renewals
Payments will be drawn from your nominated payment method and will signify an acknowledgment of these Terms, and setting up your software will signify an agreement to our User Agreement, as provided by the software during setup. By Creating & Accessing your purchased software account and processing your first payment, you are expressly agreeing that we are permitted to bill you a subscription fee, any applicable tax and any other charges such as international fees that may either be drawn by us, or incurred by your payment provider as part of the transaction or with use of the products. Additional charges may include service level changes you request, other fees incurred as part of the engagement with MAUS, or a change to your billing structure as advised within a reasonable time frame.
When payment is drawn, you may incur applicable Tax in relation to this payment, and also may incur international payment charges by your financial institution based on your location, region, and chosen financial institution and specific terms of your account with them, which will not be reimbursed. We are not liable for these charges, and by proceeding with payment you understand that this may be incurred. All ongoing fees and charges are non refundable, and there are no refunds or credits for partially used periods. We may change the fees and charges in effect or add new fees and charges, should this occur you will receive notification prior to the change taking effect, as per your elected means of contact. We are not liable for contact that is not received should this be outside of our control, e.g. email notifications being directed to junk, nominated notification delivery destination or address no longer available. If your nominated payment method reaches its expiration date/is no longer valid, your continued use of the service constitutes your authorization for us to continue billing you and you remain responsible for any uncollected amounts and ensuring that your payment information is up to date.
All subscriptions will be renewed automatically at the end of the billing period, which enters you into a new billing period. This renewal may occur without notice, as per the terms of your subscription, unless and until you cancel your subscription or we terminate it.
If you change your service level (downgrade it), you may cause the loss of Content or features for your account. We do not accept any liability for such loss. you may cancel your subscription at anytime, cancelation will take effect at the end of the current payment period, unless your subscription carries a minimum commitment/term. Many of our subscriptions carry minimum commitments of 1 year or more, if you agree to proceed with this subscription YOU will be unable to cancel your subscription until this term has concluded. We do not provide refunds or credits for any partial subscription periods.
You must cancel your subscription and receive acknowledgement of cancelation before payment occurs in order to avoid billing of the next period's subscription, should your contract allow for it. If your agreement with us contains a minimum contracted period, you will not be eligible to cancel your subscription until this period has concluded. Acknowledgement of cancelation will be received as soon as reasonably possible, within a reasonable time frame. Our staff operate within regular business hours within Australia and North America, and should provide acknowledgement within 48 hours, as such requests made outside of business hours may not be responded to until the following business day or later, please be aware of this when attempting to cancel payment near your next payment date.
Modification and Termination
Maus reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) and will provide notice to you of such modification or discontinuance. You agree that Maus shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services. These Terms are effective unless and until terminated by you or Maus. If Maus terminates your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate. Termination of your account may also include, at Maus’ sole discretion, the deletion of your account and/or your Content. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
These Terms shall be construed in accordance with and governed by the laws of Florida notwithstanding its conflicts of law provisions. You acknowledge and agree that any dispute arising out of these Terms and/or your use of the Services shall be initiated and brought in the state or federal courts of Tampa, Florida.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms