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MASHAPP MUSIC TERMS OF SERVICE

The following Terms of Service (or “Terms”) govern your use of (which includes access to) the MashApp Music app (the “App”), our website domain(s) at https://mash.app/ (the “Website”), and any other websites or software applications that incorporate or link to these Terms, including any music or other material that is made available through the Website and App (collectively, the "Service"). The Service is owned and operated by MashApp Music, Inc. (“MashApp,” “Company,” “we,” “us,” or “our”). Your use of the Service is always subject to these Terms, as the same may be modified by us, and all applicable local, state, national, and foreign laws, rules, and regulations, or terms with third parties to which you are subject, in connection with your access to and/or use of the Service under these Terms (“Applicable Laws”).

Captions and headings are used herein for convenience only. Captions and headings are not a part of these Terms and shall not be used in interpreting or construing these Terms.

Please read these Terms carefully. You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, to use the Service. By accessing or using any part of the Service, you accept, without limitation or qualification, these Terms and agree to be legally bound by them. If you do not agree with all of these Terms, you may not use any portion of the Service. If you are dissatisfied with these Terms or the Service or any material on the Service, your sole and exclusive remedy is to discontinue using the Service.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THESE TERMS OR ANY PART OF THE SERVICE, PLEASE CONTACT US AT HELP@MASH.APP

PERSONAL USE

The Service is offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Service for any other purpose. You are not permitted to use the Service on behalf of, or for the purposes of, a business enterprise. We do not recognize or permit business or brand accounts. We may terminate or suspend your access to the Service at any time if we determine that you are using the Service for non-personal, commercial purposes or on behalf of a business or commercial enterprise.

AUTHORIZED USE OF THE SERVICE

Subject to your full and complete compliance with the terms, conditions and limitations set forth in these Terms, MashApp hereby grants you a limited, non-transferable, revocable license to use the Service. You may only use the Service in compliance with all Applicable Laws, as set forth in these Terms, and as described on the Service. By using the Service, you agree to:

  • Use reasonable efforts to prevent unauthorized access to or use of the Service;
  • Keep user IDs and all other login information confidential;
  • Monitor and control all activity conducted through your customer account in connection with the Service; and
  • Promptly notify us at help@mash.app if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your customer account, including any loss, theft, or unauthorized disclosure or use of a user ID or customer account.

You are responsible for the security of your customer account and will be solely liable for any use or unauthorized use. You understand and acknowledge that it is solely your obligation to ensure that your use of the Service is in compliance with all Applicable Laws.

The following terms also apply to your use of the Service:

  • You shall only access the Service using means explicitly authorized by MashApp.
  • You shall not use the Service to cause nuisance, annoyance, or inconvenience.
  • You shall provide only true, accurate, current, and complete information, and maintain and promptly update such information to keep it true, accurate, current, and complete; and you shall provide us with whatever proof of identity we may reasonably request for verification purposes.
  • With the exception of your authorized use of MashApp’s own sharing functionality, you shall not copy or distribute the software or any content displayed through the Service for republication in any format or media, including sharing or uploading any mashups to other digital services.
  • You shall not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Service.
  • You shall not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms.
  • You shall not resell use of, or access to, the Service to any third party, or access the Service in order to compete with MashApp or damage the Service in any way.
  • You shall not take any actions that are misleading, unfair, deceptive, or that violate any Applicable Laws or the rights of any third parties.
  • You shall not attempt to gain unauthorized access to the Service and/or to any customer account, resource, computer system, and/or network connected to any MashApp server.
  • You shall not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures MashApp may use to prevent or restrict access to the Service or use of the Service or the content therein.
  • You shall not deep-link to the Service or access the Service manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the Service or any content on the Service.
  • You shall not scrape or otherwise conduct any systematic retrieval of data or other content from the Service.
  • You shall report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Service by emailing us at help@mash.app.
  • You shall not artificially increase play counts or follow counts, artificially promote content, or engage in other manipulation, including by: (i) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise); or (iii) any other means.
  • You shall not misrepresent or obscure your IP address and/or physical location via VPN software or other technical means.
  • You shall not try to harm other users or the Service in any way whatsoever.
  • You shall not use language or engage in behavior that is threatening, harassing, racist, or sexist, or engage in any other behavior that MashApp deems inappropriate when using the Service.
  • You shall not transmit through or post on the Service unlawful, harassing, libelous, abusive, fraudulent, misleading, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene, or otherwise objectionable material of any kind or nature, or material which is harmful to minors in any way.
  • You shall not transmit through or post on the Service any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity.

In the event that we believe or determine that you have breached any of the terms, conditions and limitations set forth in these Terms, we reserve the right to suspend, limit and/or permanently deactivate your customer account at our sole discretion with or without notice. We also reserve the right to suspend or terminate your access to or all or a portion of your access to the Service at any time with or without notice. Our reserved rights under this Section are in addition to any right or remedy that may be available to us under these Terms or Applicable Laws. We may, but are under no obligation to, monitor your usage of the Service to confirm your compliance with these Terms.

PURCHASES AND SUBSCRIPTIONS; TERMINATION

MashApp provides a free version of the Service, and one or more paid subscription tiers of the Service with additional features. When purchasing a subscription on the Service, you may have the option to pay through your Apple ID, and your Apple ID account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your Apple ID account. Your Apple ID account will continue to be periodically charged for each subscription period of your subscription commitment until you cancel, unless MashApp suspends, limits and/or permanently deactivates your customer account, or all or a portion of your access to the Service, before then pursuant to the “AUTHORIZED USE OF THE SERVICE” section of these Terms above, the fourth paragraph of this “PURCHASES AND SUBSCRIPTIONS; TERMINATION” section of these Terms below or the “COPYRIGHT COMPLAINTS AND REMOVAL POLICY” section of these Terms below. You understand that there is no guarantee that MashApp will charge the same subscription price for future subscription periods, and MashApp reserves the right to increase its subscription price after your current subscription commitment period ends. In such case, if you do not cancel your subscription before the end of your then-current subscription period, your subscription will automatically renew for additional, successive subscription periods at the then applicable increased subscription price, unless MashApp suspends, limits and/or permanently deactivates your customer account, or all or a portion of your access to the Service, before then pursuant to the “AUTHORIZED USE OF THE SERVICE” section of these Terms above, the fourth paragraph of this “PURCHASES AND SUBSCRIPTIONS; TERMINATION” section of these Terms below or the “COPYRIGHT COMPLAINTS AND REMOVAL POLICY” section of these Terms below.

If you do not want your subscription to renew automatically for additional, successive subscription periods, or if you want to change your subscription tier or cancel your subscription, you must log in to your Apple ID account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your customer account with us or if you have deleted the App from your device. You can also request assistance at https://getsupport.apple.com. If you cancel a subscription, you may continue to use and access the tier of the Service for which you are subscribed until the end of your then-current subscription period. The subscription will not be renewed when your then-current subscription period expires.

Because the Service may be utilized without a subscription, canceling your subscription does not remove your customer account from the Service. If you wish to fully terminate your customer account, you must go to your profile page in the App, click on the “Settings” icon in the upper-right corner, scroll to the bottom of the “Settings” page, and click “Delete Account.”

In addition to any right or remedy that may be available to us under these Terms or Applicable Laws, we may suspend, limit, and/or permanently deactivate your customer account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. If your customer account is terminated by you, your subscription is cancelled by you or your customer account is suspended, limited, and/or permanently deactivated for all or a portion of your access to the Service by MashApp pursuant to the “AUTHORIZED USE OF THE SERVICE” section of these Terms above, the fourth paragraph of this “PURCHASES AND SUBSCRIPTIONS; TERMINATION” section of these Terms below or the “COPYRIGHT COMPLAINTS AND REMOVAL POLICY” section of these Terms below for any reason, these Terms will continue and remain enforceable between you and MashApp, and you will not be entitled to any refund for subscription payments made prior to the date of termination. No termination, suspension, limitation, deactivation shall eliminate your obligation to make subscription payments owed to us prior to the date of termination suspension, limitation or deactivation.

CHANGES

MashApp, in its sole discretion, may modify, enhance, discontinue or otherwise change the Service, in whole or in part, and may modify, enhance, discontinue or otherwise change the available content or features of the Service, in whole or in part, at any time without notice to you. In addition, MashApp may modify these Terms at any time. All changes to these Terms shall be posted on the Website or App, or MashApp shall otherwise provide you with notice of such changes at its discretion. Your continued use of the Service after such changes have been made available to you will mean that you accept such changes.

The information in the Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you.

We also reserve the right to remove content from the Service from time to time, including sound recordings, musical works, spoken word materials (i.e., TV, film, or news audio), photography and other visual imagery or mashups that users have created from this content. We may do so at the request of our content licensors, to comply with copyright laws, other Applicable Laws or for any other reasons at our sole discretion.

NO IDEAS ACCEPTED

By submitting any idea, information, material, and/or other content (collectively, a “Submission”) to us, you understand and acknowledge that your Submission is not provided in confidence and we assume no obligation, expressed or implied, by considering and/or using it. You further hereby irrevocably assign all worldwide rights, now known or hereafter existing, in and to your Submission to us, in perpetuity. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and/or to the extent necessary for MashApp to utilize your Submission, you hereby grant to MashApp an irrevocable, worldwide license to use your Submission, including, without limitation, any and all rights therein, in whole or in part, in any manner, in any media now known or hereafter developed, in perpetuity, without compensation, attribution, and/or other benefit of any kind to you.

PRIVACY

The privacy of your personal information is very important to us. You should carefully read our Privacy Policybefore accessing or using any part of the Service, as it governs our treatment of any information you submit to us. You agree to our collection, processing, and sharing of your information, including personal information, as set forth in our Privacy Policy. In the event that your customer account is terminated, your information will be maintained and deleted in accordance with our Privacy Policy. All provisions of the Privacy Policy are incorporated by reference herein.

PROPRIETARY RIGHTS

MashApp or its content licensors are the exclusive owners of all content, music, software, graphics, designs, programs, data, and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service (collectively, the “MashApp Materials”). When you use the Service to create mashups, you provide instructions to MashApp to play two or more excerpts of sound recordings and underlying works (such as musical works or spoken word materials) at the same time; you do not create an adaptation or derivative work, nor do you acquire any rights in those mashups, instructions or in any of the MashApp Materials used in those mashups. All rights in the MashApp Materials and instructions, whether or not used in a mashup, remain vested in MashApp or its content licensors at all times. Neither MashApp nor its content licensors authorizes the creation of any joint work (as defined in 17 USC § 101) anywhere in the world.

By using the Service, you agree to each of the following:

  • You shall not record your mashups or upload them to any other service, anywhere in the world, in perpetuity.
  • You shall not copy (whether by means of stream ripping, screen recording or other attempts to export the MashApp Materials or instructions to third party hardware or servers), distribute, modify, publicly perform or make adaptations or derivative works of any materials on the Service, including without limitation the MashApp Materials and instructions, except as expressly set forth in these Terms or with the prior written consent of both MashApp and the applicable content licensor;
  • You shall not publicly perform the MashApp Materials in connection with or via any websites, software applications, systems, platforms, devices, products and/or services other than the Service, whether or not any such software applications, systems, platforms, products, devices or services are owned, operated, distributed, maintained and/or managed by or on behalf of MashApp or an affiliate of MashApp, except as expressly set forth in these Terms or with the prior written consent of both MashApp and the applicable content licensor.
  • You shall not sell, rent or otherwise redistribute the MashApp Materials or instructions;
  • You shall not use the MashApp Materials or instructions any for any purpose in connection with artificial intelligence technologies, except as expressly set forth in these Terms or with the prior written consent of both MashApp and the applicable content licensor.
  • You shall not scrape any MashApp Materials or instructions, including any text, media or other data or content, from the Service, including through the use of scripts, robots, bots, spiders, scrapers, crawlers, or other automated means.
  • You shall not engage in text and data mining of MashApp Materials or instructions, including where collected through the use of robots or other automated data gathering and/or extraction tools.
  • You shall not train any machine learning or AI model using MashApp Materials or instructions from the Service, or otherwise ingest any MashApp Materials or instructions from the Service into a machine learning or AI model.

Except as expressly set forth in these Terms, no license is granted to you and no rights otherwise are conveyed by virtue of accessing or using the Service. For the avoidance of doubt, your right to access and use the Service may not be licensed, sublicensed, transferred, conveyed or assigned by you, and any transmission, retransmission, or further transmission of any MashApp Materials or instructions, by any means, method or process whatsoever including, but not limited to, any websites, software applications, systems, platforms, devices, products or services owned or controlled by third parties is expressly prohibited by these Terms. You and MashApp acknowledge and agree that MashApp, its content licensors, and affiliates of MashApp’s content licensors, are third-party beneficiaries of these Terms as relates to your compliance with the terms, conditions and limitations set forth in these Terms with respect to your use of MashApp Materials and instructions, and that, upon your acceptance of these Terms, MashApp, its content licensors, and affiliates of MashApp’s content licensors, will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your use of the applicable MashApp Materials and instructions as a third-party beneficiary thereof under all Applicable Laws, including for the purposes of Article 4(3) of Directive 2019 /790/EC and its implementing or related legislation in all EEA member states. All rights not granted under these Terms are reserved by MashApp and its content licensors.

COPYRIGHT COMPLAINTS AND REMOVAL POLICY

MashApp reserves the right to remove any infringing materials from the Service and permanently delete and/or permanently deactivate the customer accounts of users who we believe to be infringing the intellectual property rights of others. If you believe the Service has been used in a way that constitutes copyright infringement, please send a message to our Copyright Agent, providing all of the following information as required by the Digital Millennium Copyright Act:

  • A statement that you have identified content on the Service that infringes a copyright you own or the copyright of a third party for whom you are authorized to act;
  • A description of the copyrighted work you claim has been infringed;
  • A specific description of where the allegedly infringing material is located on the Service, including a URL (MashApp’s sharing functionality allows users to copy the URL of any mashup) or exact description of the content’s location;
  • Your full name, address, telephone number, and email address;
  • A statement certifying to your good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use);
  • A statement that, under penalty of perjury, the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
  • Your electronic or physical signature (e.g., a scanned copy).

Please send your notice by email or regular mail to:

Attn: DMCA Copyright Agent
MashApp Music, Inc.
171 Columbia Heights, #2B
Brooklyn, NY 11201
Email: copyright@mash.app

MashApp reserves the right to forward the information in the copyright infringement notice to the individual who allegedly provided the infringing content, and to its content licensors.

NO WARRANTIES

THE SERVICE, INCLUDING ALL CONTENT, DATA, INFORMATION, OR SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND MASHAPP, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS, CONTENT LICENSORS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, FEATURES, PROGRAMS, OR SERVICES ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MASHAPP, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS, CONTENT LICENSORS AND SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MASHAPP, ITS AFFILIATES, BUSINESS PARTNERS, CONTENT LICENSORS AND SERVICE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY CONTENT, INFORMATION, OR SERVICES CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

LIMITATION OF LIABILITY

MASHAPP SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, INFORMATION, OR SERVICES AND ANY ERRORS CONTAINED THEREIN THAT ARE PROVIDED BY THIRD PARTIES, INCLUDING ANY CONTENT LICENSORS. IN NO EVENT WILL MASHAPP, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS, CONTENT LICENSORS AND SERVICE PROVIDERS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT MASHAPP, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS, CONTENT LICENSORS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of the above warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason under Applicable Laws or if we are otherwise found to be liable to you in any manner under Applicable Laws, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lessor of: (i) the aggregate subscription amounts actually paid by you to MashApp in accordance with the “PURCHASES AND SUBSCRIPTIONS; TERMINATION” section of these Terms in the three (3) month period immediately preceding the event giving rise to such claim; or (ii) $10.

INDEMNITY

You hereby agree to defend, indemnify, and hold harmless MashApp, its affiliates, agents, advisors, business partners, content licensors, service providers, and each of their respective officers, directors, employees, representatives, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: (i) any breach by you of these Terms; (ii) any content or information uploaded by you to the Service; (iii) your use of content or information available on the Service; or (iv) a violation by you of any Applicable Laws. You shall in no event be responsible (or subject to any indemnification obligations) for any claims or liabilities arising as a result of any claim that your use of the MashApp Materials in accordance with the terms, conditions and limitations set forth in these Terms infringes the intellectual property rights of a third party.

GOVERNING LAW; ARBITRATION

The laws of the State of New York shall govern these Terms. While we will make reasonable efforts to resolve any disagreements you may have with MashApp, if these efforts fail you agree that all claims, disputes or controversies against MashApp arising out of these Terms, or the purchase of any products or services including subscriptions to the Service ("Claims") shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and MashApp agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association
Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying Applicable Laws, so determines. The arbitrator's award is final and binding on the parties. We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

JURISDICTION

You agree to access the Service only within the jurisdictions in which MashApp operates. We currently only operate in the United States. If you live outside of the United States, you may not access or otherwise use the Service or provide us with any personal information. By accessing or otherwise using the Service outside of the United States (such as while travelling), you agree that you are solely responsible for compliance with all Applicable Laws, including, without limitation, export and import regulations of the U.S. and other countries.

SEVERABILITY

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction under Applicable Laws, such provision shall be ineffective but shall not affect any other part of these Terms.

WAIVER; REMEDIES

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

FORCE MAJEURE

MashApp will not be responsible for any delay, interruption or other failure to provide access to the Service or perform under these Terms due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers and other third parties; explosions and fires; embargoes, strikes and labor disputes; governmental decrees; pandemic(s); and any other cause beyond the reasonable control of MashApp. If at any time continued provision of the Service would compromise the security of the Service due, without limitation, to hacking attempts, denial of service attacks, mail bombs or other malicious activities, you agree that MashApp may temporarily suspend the Service.

ADDITIONAL TERMS FOR USERS OF APPLE DEVICES

If you have downloaded the App via an Apple store, including the iTunes Store, the following shall apply: You acknowledge and agree that these Terms are solely between you and MashApp, not Apple, and that Apple has no responsibility for the Service. Your use of the Service must comply with Apple’s terms and conditions, including Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. To the maximum extent permitted by Applicable Laws, Apple will have no warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any Applicable Laws applicable to MashApp as provider of the Service. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-sourced software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any Applicable Laws applicable to MashApp as provider of the Service. You acknowledge that, in the event of any third-party claim that the Service or your possession and use of the App infringes that third party’s intellectual property rights, MashApp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and MashApp acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as relates to the limited, non-transferable, revocable license to use the Service granted to you by MashApp under these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your use of the Service against you as a third-party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

ASSIGNMENT

You may not assign your rights or delegate your duties under these Terms, either in whole or in part, and any such attempted assignment or delegation shall be void.

CONTACT INFORMATION

Should you have any questions, or if you wish to report a problem with the Service, you may contact us at help@mash.app.

EFFECTIVE DATE

These Terms were last updated on July 26, 2024.