Last updated on August 1, 2023.
This Agreement is entered into between Mirror 360, a company duly registered and existing under the laws of the State of Delaware ("Licensor", or “Company”), and the individual agreeing to these terms ("Licensee", or “User”, or “you”). This Agreement governs the Licensee access to and use of the My Mirror 360 website and web application ("App" or “Platform”) provided by the Company.
The Licensee is granted a license to use the App, and the Licensor retains ownership of the App and its associated intellectual property rights.This agreement does not create an employer-employee, partnership, or agency relationship between the Licensor and the Licensee.
"Software" refers to the software provided by Licensor as a service, including any updates or enhancements provided to Licensee during the term of this Agreement.
"Services" refer to the services provided by Licensor, including access to and use of the Software, as described in further detail on the Licensor's website or other applicable documentation.
1. Acceptance of terms
This agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether written or oral.
2.Use of the App
2.1 Eligibility: To use the App, you must be at least 18 years old or the legal age in your jurisdiction. By using the App, you represent and warrant that you meet these eligibility requirements.
2.2 User Account: To access certain features of the App, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and agree to be solely responsible for all activities that occur under your account.
2.4 Limitations of Use
By using this App, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this App or any of its associated services in a way that abuses or disrupts our networks or any other service Mirror 360 provides;
- use this App or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this App or its associated services in violation of any applicable laws or regulations;
- use this App in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this App or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
3. Use of Data
You are responsible for keeping any applicable computing device safe and secure and out of the reach of others, and by using the Company’s Products and Services (the App), you agree that you assume the risk that any information you disclose may be viewed on your device.
3.2 Reflection Generation: Through the App you will enable the generation of standardized, anonymous surveys sent to preselected reflectors. You acknowledge and agree that you are solely responsible for the selection of reviewers and complying with all applicable laws and regulations.
3.3 Reflection Anonymity: The App is designed so that responses are aggregated and analyzed in a way that does not identify individual reflectors. However, you acknowledge and understand that complete anonymity and data security cannot be guaranteed in extreme or unusual circumstances.
4. Grant of License
4.1 Subject to the terms and conditions of this Agreement, Licensor hereby grants Licensee a limited, non-exclusive, non-transferable license to access and use the App.
4.2 Licensee agrees that the license granted under this Agreement is limited to the number of authorized users and usage parameters set forth in the applicable order or subscription agreement between Licensor and Licensee.
4.3 Licensee acknowledges that the Software (it refers to the software provided by Licensor as a service, including any updates or enhancements provided to Licensee during the term of this Agreement) may require an internet connection and compatible devices, which shall be Licensee's sole responsibility.
4.4 The Licensee is not allowed to assign or transfer their rights and obligations under this Agreement to a third party in any cercomstances.
5. Termination of License
5.1 Termination by User: You may terminate the license granted herein at any time by discontinuing the use of the App and/or deleting your profile from your device.
5.2 Termination by the Company: The Company reserves the right to suspend or terminate your license to use the App at any time and for any reason without prior notice or liability. Reasons for termination may include, but are not limited to, violation of the terms of this Agreement, misuse of the App, infringement of intellectual property rights, or any unlawful or prohibited activity.
5.3 Effect of Termination: Upon termination of your license, you must cease all use of the App and delete it from your device. The termination will result in the revocation of your access to the App, and you will no longer have the right to use any features or services provided by the App. Additionally, upon termination, the Company may, at its discretion, delete any user data or content associated with your account.
5.6 Obligations upon Termination: Upon termination, you are responsible for discontinuing any use of the App and returning or destroying any copies of the App or related materials in your possession or control. You must also cease any activities that may infringe upon the intellectual property rights of the Company or any third parties.
6. User Support and Assistance:
6.1 Support Channels: The Company is committed to providing user support and assistance to ensure a smooth and satisfactory experience with the App. Users may reach out to the Company for support through the following channels:
a. Email Support: You can contact our support team via email at firstname.lastname@example.org. We strive to respond to all support inquiries within a reasonable timeframe of several business days.
b. Help Center: We maintain a comprehensive Help Center on our website, which includes frequently asked questions, app tours, and troubleshooting information to assist you in resolving common issues.
6.2 Support Availability: The Company will make reasonable efforts to provide timely support and assistance. However, please note that the support and assistance provided by the Company are not guaranteed and may be subject to limitations or restrictions. The support availability may vary based on factors such as workload, complexity of the issue, and holidays.
6.3 Scope of Support: The Company will provide support and assistance related to the functionalities, features, and usage of the App. This includes guidance on setup, basic troubleshooting, and clarification of App-related queries. Please note that support does not cover issues arising from incompatible devices, third-party services, or user error.
6.4 Exclusions: The Company is not obligated to provide support or assistance for issues beyond the scope of the App, including but not limited to general device troubleshooting, network connectivity issues, or customization requests. Additionally, support may not be available for older versions of the App, as we encourage users to update to the latest version to benefit from improvements and bug fixes.
6.7 User Responsibilities: To enable effective support and assistance, users are encouraged to provide relevant information and details regarding their inquiries, including a clear description of the issue, relevant device and operating system details, and any error messages or screenshots, where applicable.
6.8 No Legal or Financial Advice: Please note that any support or assistance provided by the Company is not intended to constitute legal, financial, or professional advice. We recommend consulting appropriate professionals for specific legal, financial, or related matters.
7. Intellectual Property
7.1 App Ownership: The App, including but not limited to its software, copy, design, graphics, user interface, and all associated intellectual property rights, are and will remain the exclusive property of the Company. The materials on this App are owned by or licensed to the Company and are protected by copyright, trademark, and other laws of United States and international treaties.
7.2 Licensee acknowledges that Licensor retains all right, title, and interest in and to the Software, including any intellectual property rights therein. This Agreement does not transfer ownership of the Software to Licensee. The App and all associated intellectual property rights are owned by the Licensor. Licensees are granted a limited, non-exclusive, non-transferable license to use the App for its intended purpose in accordance with this Agreement. Licensees are granted a limited license to download copies of the materials for personal, non-commercial transitory use.
7.3 User Content: Any content, materials, or information that you upload, submit, or create within the App ("User Content") remains your intellectual property. By using the App, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving the App.
7.4 Feedback: We welcome and appreciate any feedback, suggestions, or ideas you provide regarding the App ("Feedback"). You understand and agree that any Feedback you submit to the Company will become the sole and exclusive property of the Company. The Company shall be free to use, disclose, reproduce, modify, or otherwise exploit the Feedback without any restrictions or obligations towards you.
7.5 Restrictions: Licensee agrees NOT to modify, adapt, translate, reverse engineer, decompile, or disassemble the Software, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Software. You also agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices incorporated in or accompanying the App.
7.6 Third-Party Intellectual Property: The App may include third-party trademarks, logos, or copyrighted materials. Such intellectual property rights are the property of their respective owners. Use of such intellectual property by the Company does not imply any endorsement, affiliation, or relationship with the owners of those rights.
7.9 Infringement Claims: If you believe that your intellectual property rights have been infringed upon while using the App, you agree to promptly notify the Company in writing. You shall provide all necessary information and documentation to support your claim. The Company reserves the right, in its sole discretion, to investigate and take appropriate action to address such claims. The Company may, at its option and expense, defend or settle any claim of intellectual property infringement related to the App. You agree to cooperate fully with the Company in the defense of any such claim.
7.11 Prohibited Content: You are prohibited from sharing or posting any content on the App that infringes upon the intellectual property rights of others, including copyrighted material. The Company reserves the right to investigate any claims of infringement and take appropriate action, including removing infringing content and terminating user accounts.
8. Software Update and Maintenance
The Company is committed to providing regular updates and maintenance for the App to enhance its functionality, improve security, and address any identified issues. By using the App, you acknowledge and agree to receive automatic software updates as part of the ongoing maintenance and improvement process.
8.1 Automatic Updates: The App may periodically connect to the Company's servers to check for available updates. These updates may include bug fixes, performance enhancements, new features, or security patches. By using the App, you consent to the automatic download and installation of such updates without further notice or consent.
8.2 User Consent: You understand that these updates are an integral part of maintaining the App's optimal performance and ensuring a seamless user experience. The Company reserves the right to deploy updates automatically, and no explicit consent will be required for each update.
8.3 Compatibility: While the Company strives to ensure backward compatibility, you acknowledge that certain updates may require the installation of the latest version of the App to continue using all features and functionalities. It is your responsibility to ensure that your device is compatible with the latest version and to install any necessary updates promptly.
8.4 Disruptions and Downtime: The Company shall make reasonable efforts to minimize disruptions or downtime during the update process. However, you understand that occasional interruptions may occur during the update installation, and the Company shall not be held liable for any resulting inconveniences, losses, or damages.
8.5 User Data: The Company takes reasonable measures to protect your data during updates. However, it is advisable to regularly back up your data to safeguard against any unforeseen issues that may arise during the update process. The Company shall not be responsible for any data loss or corruption resulting from software updates.
9. Warranties and Disclaimer:
9.1 No Warranty: The App is provided on an "as-is" basis, without any warranties or representations, express or implied. The Company makes no warranties or guarantees regarding the accuracy, reliability, availability, suitability, or performance of the App. You acknowledge that your use of the App is at your own risk.
9.2 Functionality: While the Company strives to provide a functional and reliable App, there is no guarantee that the App will be uninterrupted, error-free, or completely secure. The Company does not warrant that the App will meet your specific requirements or expectations.
9.3 Compatibility: The Company does not warrant that the App will be compatible with all devices, operating systems, or platforms. It is your responsibility to ensure compatibility before using the App.
9.4 Third-Party Services: The App may integrate or rely on third-party services, APIs, or content. The Company does not warrant the availability, accuracy, quality, or reliability of any such third-party services or content. Any reliance on third-party services is solely at your own discretion and risk.
9.5 User-Generated Content: The Company does not endorse, guarantee, or take responsibility for any user-generated content within the App. You understand that user-generated content represents the views and opinions of the respective users and not the Company.
9.6 Limitation of Liability: To the maximum extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use or inability to use the App, including but not limited to any loss of data, profits, or other intangible losses, even if the Company has been advised of the possibility of such damages.
9.7 Indemnification: You agree to indemnify, defend, and hold the Company harmless from any claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees) arising out of or in connection with your use of the App or any violation of this Agreement.
9.8 Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this agreement, if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, strikes, lockouts, epidemics, government actions, or any other similar events (collectively, "Force Majeure Events").
During the period of the Force Majeure Event, the affected party's obligations under this agreement shall be suspended to the extent that they are affected by the event. The party experiencing the Force Majeure Event shall be granted a reasonable extension of time to perform its obligations under this agreement, equal to the duration of the Force Majeure Event.
9.9 No Professional Advice: The App does not constitute professional advice or services. The Company disclaims any warranties or guarantees regarding the accuracy, reliability, or effectiveness of any information, advice, or content provided through the App.
10. Modifications and Termination of the Agreement.
10.1 Modifications: The Company reserves the right to modify or update this Agreement at any time. In the event of any material changes to the Agreement, the Company will provide you with notice through the App, the website, and / or via email. You will be required to review and expressly consent to the modified Agreement before continuing to use the App. If you do not agree to the modified terms, you must discontinue your use of the App.
10.2 Termination: You may terminate this Agreement by discontinuing the use of the App and closing your account. The Company reserves the right to suspend or terminate your access to the App at any time for any reason, without prior notice or liability.
10.4 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions remain valid and enforceable.
10.5. Waiver: Any failure or delay by either party to enforce any provision of the agreement shall not constitute a waiver of that provision or any other provision.
11. Dispute Resolution
12. Governing Law