CAREFULLY READ THE FOLLOWING TERMS OF SERVICE AGREEMENT. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. BY SIGNING UP, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE TO RECEIVE TEXT, EMAIL MESSAGES AND OTHER NOTIFICATIONS FROM US (TEXT AND DATA RATES MAY APPLY). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THE SERVICE.
Please contact us at Mountain Mama for any inquiries. "You" or "Your" means the person or persons who is/are agreeing to these Terms of Service. "We", "Our" and "Us" means Mountain Mama AI LLC. This Terms of Service Agreement ("Agreement") is made between You and Us as part of the registration process to open and maintain an account with Our interactive online service ("Service").
The Service is Our proprietary property and is protected by intellectual property laws and treaties. Your access is granted by a limited license only. Subject to the timely payment of all fees We grant You a personal, non-transferable and non-exclusive account enabling You to access and use the Service.
You agree that from time-to-time the Service may be inaccessible or inoperable for any reason including, without limitation, equipment malfunction, periodic maintenance or causes beyond our control.
The information you receive from Our Service may not be accurate or trustworthy. You recognize that artificial intelligence technology may return information that is stated factually but may not, in fact, be accurate. You should not rely on this information without fact-checking on your own or first consulting with a professional.
We will use the content of your conversations to improve our Services and to create new services ("Content"). Our uses of this Content is detailed in our Privacy Policy. You agree that you shall not input any Content that is not owned by You unless You have prior written consent from the relevant rights-holder of that Content. While You will own any Content, You agree to provide a royalty-free, perpetual, irrevocable, and worldwide license to Us to the Content to use, reproduce, modify, or otherwise act on the Content in order to enable the provision and maintenance of the Services and to use the Content to improve Our Services and develop new Services. This license shall permit uses including but not limited to analysis of the content of conversations to understand opportunities for new features, the use of Content for model training and fine-tuning, and evaluating the performance of our existing Services.
You are solely responsible for the security, confidentiality and integrity of the content that You transmit through or store on the Service. You are solely liable for any unauthorized use or unauthorized access to Your account by any third party. You agree to bear all responsibility for the confidentiality of Your password and all use charges incurred for the use of Service with Your password.
Your private information will be treated as set out in Our Privacy Policy.
If You receive a trial of the Service, We will make the Service available to you free of charge (the "Trial Version") until the end of the free trial period. You may only use the Trial Version to review, demonstrate, and evaluate the Service, and the Trial Version may have limited functionality. The Trial Version will automatically convert to a paid version of the Service after the trial period has ended at the fees set forth below.
The current Fee for using the Service is set forth on our website. We reserve the right to change the Fee at any time.
You shall pay Us the Fee and any applicable taxes via a valid Credit or Charge Card ("Credit Card"). The first payment will be collected from your Credit Card on the first day after any Free Trial Period has concluded, thereafter we will collect from your credit card each subsequent month for as long as the Service is being made available to You. You are responsible for maintaining a valid credit card with Us. All fees, charges, and other amounts are payable in United States dollars and, except as expressly otherwise provided herein, are non-refundable.
You represent and warrant to Us that (a) You are over the age of eighteen (18) and have the right to accept this Agreement; (b) all the information that You provide to Us is accurate and complete; (c) You are the authorized signatory of the Credit Card You have provided to Us to pay the Fees; (d) You will comply with all the terms and conditions of this Agreement; and (e) You have provided and will continue to provide accurate and complete registration information, including, but not limited to, your legal name, address and mobile telephone number.
You are solely responsible for any and all acts and omissions that happen under Your account or Your password. You agree that You will use our Services in accordance with the following rules, as well as any other written policies we may provide from time to time:
This Agreement is effective upon Your clicking the Sign Up Button and shall continue in full force until terminated.
You may terminate this Agreement and end the Services for any reason upon thirty (30) days prior notice to Us.
We reserve the right to, in Our sole discretion, and without notice, at any time for any reason, to (a) remove or disable access to all or any portion of the Service; (b) suspend Your access to use or access all or any portion of the Service; (c) terminate the Service or the Agreement. In addition, We reserve the right to end the Beta Test period without initiating a production module.
You agree that provisions of these Terms pertaining to indemnification, limitations of liability, intellectual property, dispute and arbitration, and any other terms that - by their nature - should survive termination of the Terms, shall survive.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. USE OF THE SERVICE IS AT YOUR SOLE RISK.
IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL, INCLUDING PHYSICAL INJURY(unless directly caused by Us), LOST OR ANTICIPATED PROFITS, SAVINGS, INTERRUPTION TO BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH LOST INFORMATION, THE COST OF SUBSTITUTE INTELLECTUAL PROPERTY OR ANY OTHER PECUNIARY LOSS ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE REGARDLESS OF WHETHER YOU HAVE ADVISED US OR WE HAVE ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM). SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT APPLY.
OUR AGGREGATE LIABILITY (Maximum Damages) IN RESPECT OF ANY AND ALL CLAIMS WILL BE LIMITED TO ONE-HUNDRED ($100.00) DOLLARS.
NEITHER YOU NOR WE MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.
You agree to indemnify, hold harmless and defend Us (including Our shareholders, directors, officers, employees and agents) from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement, (b) Your use of the Service or provision of data thereunder; and (c) any unacceptable use of the Service including, but not limited to, any Prohibited Use.
You may, from time to time, voluntarily make known to Us suggestions, enhancement requests, techniques, know-how, comments, feedback, or other input with respect to the Service (collectively, "Feedback"). You agree that We own all such Feedback without any obligation to pay You any fee or royalty for such.
The Services may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the "Third-Party Services"). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. We have no control over and are not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage You to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You are responsible for any and all costs and charges associated with your use of any Third-Party Services. We enable these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings You have with third parties while using the Service are between You and the third party. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
This Agreement constitutes the entire agreement of the Parties, and no amendment to the terms of this Agreement will be effective unless in writing and signed by both parties hereto.
The provisions of this Agreement are to be considered separately, and if any provision hereof should be found by any court or competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement.
This Agreement is subject to the laws of the State of Oregon excluding any conflict of laws provisions.
We may at any time revise the terms of this Agreement by updating these terms and by providing reasonable notice to you of that change. We are continually working to make Our Services better for our users. This means that our Services can and will change over time. We may augment, modify, discontinue, or suspend any part of our Services at any time. We will work to provide advance notice to you where appropriate, but you acknowledge that this may not always be possible. The use of any of Our Services after such an amendment to the Terms shall be considered an acceptance of all changes to the Terms. If You do not agree with the revised Terms, you must immediately cease any use of our Services.
To the fullest extent permitted by law, the parties agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. The parties agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim.
Notices under these Terms shall be provided to you under the information provided to Us when you registered your account. Notices to Us may be provided by sending a message to mama@mountainmama.ai. Notice shall be considered effective as of the date of receipt.
If you have any questions about these Terms of Service, please contact us at mama@mountainmama.ai.