Mimestream, LLC (“Company”, “Mimestream”, “we”, “us”, or “our”) is the developer of the Mimestream applications (“Apps”, or “App”), our website at https://mimestream.com (“Website”), and our accounts/licensing service at https://accounts.mimestream.com (“Platform”) – collectively known as our “Services”.
These Terms of Service (“Terms”) apply to use of our Services. By downloading, installing, accessing, or using our Apps, Website, or Services, you agree without reservation to by bound by these Terms. If you do not agree to these Terms, do not use or purchase our Services.
1. Subscription Services
Access to the App and the Platform are made available on a paid subscription basis (“Subscription”). By paying for a Subscription to our Services (“Subscribing”), you agree to be bound by these Terms and any additional terms and conditions specific to your chosen Subscription plan.
All fees for Subscriptions are stated without applicable taxes. You are responsible for paying any applicable taxes, duties, or other governmental assessments that may be imposed on your use of Mimestream. We reserve the right to collect any such taxes and fees from you at any time. If we are required to collect any such taxes, we will add them to your subscription fees and charge them to your account.
1.1 Billing and Payment
The Subscription fee will be billed in advance on a recurring and periodic basis, depending on the Subscription plan you select (“Billing Cycle”). The Billing Cycle may be monthly or yearly. Your Subscription will automatically renew at the end of each Billing Cycle, unless you cancel your Subscription.
If you have provided a valid payment method, such as a credit card, you authorize us to charge the Subscription fee and any applicable taxes for the upcoming Billing Cycle at the beginning of each new Subscription period. If your payment method fails, we may suspend or terminate your Subscription, or seek payment through other means.
By agreeing to these terms, you authorize your Subscription to automatically renew at the end of each Billing Cycle. Payment for each new Subscription period will be charged to your payment method, including applicable fees and taxes, under the same terms as the previous Billing Cycle, unless you or Mimestream cancel the Subscription.
1.2 Cancellation and Refunds
You may cancel your Subscription at any time through your account settings or by contacting our support team. If you cancel your Subscription before the end of the current Billing Cycle, your Subscription will remain active until the end of the current Billing Cycle. No refunds or credits will be provided for any unused portion of your Subscription.
For monthly Subscriptions, we don’t offer refunds, but you can cancel at any time. For annual Subscriptions, we offer a full refund within 30 days of billing. Please contact billing@mimestream.com with requests.
Mimestream reserves the right to modify, suspend or terminate your Subscription at any time and for any reason. If we terminate your Subscription, we will provide a prorated refund for any unused portion of your Subscription.
1.3 Free Trial for New Subscribers
New subscribers to our Services are offered a free trial period (“Free Trial”) of 14 days, during which they can use the Service without charge. During the Free Trial period, you will have access to all features of our Services as outlined in the Subscription plan that you select. The Free Trial is available only to new subscribers and is limited to one per person or account.
At the end of the Free Trial period, you will have the option to select a Subscription plan and make a payment to continue using the Service. If you choose not to subscribe, your access to our Services will be suspended.
Mimestream reserves the right to modify, suspend or terminate the Free Trial offer at any time without prior notice and for any reason. Additionally, Mimestream may restrict your access to the Free Trial or cancel your Subscription if you violate any terms of these Terms of Use or any other applicable policies or regulations.
By accepting the Free Trial offer, you agree without reservation to be bound by these Terms.
1.4 Changes to Subscription Fees
We reserve the right to change our subscription fees at any time, with a 30-day notice period to you. Any changes to subscription fees will apply to all new and existing subscribers. If you do not agree to the new subscription fees, you may cancel your subscription at any time, as described in the “Cancellation” section.
2. Limited License
By Subscribing, you are granted a limited, non-exclusive, non-transferable, revocable license to use our Apps and Services for both personal and commercial use. Your access to the Services is licensed, not sold. This license is conditional upon your compliance with these Terms. You may not copy, modify, distribute, or lease any part of the App, Website, Services, or use it for any other purpose not expressly permitted by these Terms of Use.
2.1 Device Limitations
Mimestream is designed for individual use and is licensed on a per-user basis. Each subscription to Mimestream permits the use of the application on up to five (5) devices registered to the same user.
2.2 Family Sharing
Sharing your Mimestream subscription with others is not permitted, except for immediate family members (partner, parents, and children) living in the same household. You may permit your immediate family members to access and use your Mimestream subscription, provided that they use the subscription only on devices registered to you, and that they do not violate these Terms of Service.
You are responsible for any use of Mimestream by your immediate family members and for ensuring that they comply with these Terms of Service. You may not sell, rent, lease, or distribute your Mimestream subscription to any third party.
2.3 Intellectual Property Rights
Mimestream reserves all rights not expressly granted to you under these Terms of Use. This license does not include any resale of Mimestream or its content, any collection and use of any product listings, descriptions, or prices, any derivative use of Mimestream or its content, or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use shall automatically terminate this license.
You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Mimestream or its content, except and only to the extent that such activity is expressly permitted by applicable law.
You acknowledge and agree that Mimestream and its content are the property of Mimestream or its licensors and are protected by copyright, trademark, and other intellectual property laws. You further acknowledge and agree that Mimestream and its content may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree to use Mimestream and its content solely for your personal or commercial use and not for any other purpose.
2.4 Acceptable Use
Your use of our Services must be in compliance with all applicable laws, rules, and regulations. You may not use our Services for any illegal or unauthorized purpose, and you agree to comply with all applicable laws, rules, and regulations.
3. Indemnification
You hereby expressly and irrevocably release and forever discharge Mimestream, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, owners, members, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You agree to indemnify, defend, and hold harmless Mimestream, it’s owners, members, officers, directors, employees, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement, breach of your representations contained herein, or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Services.
4. Warranty Disclaimer
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. MIMESTREAM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIMESTREAM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SERVICES, (E) YOUR USE OF THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.
5. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER MIMESTREAM NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, OWNERS, MEMBERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. MIMESTREAM SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MIMESTREAM’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00.
YOU AND MIMESTREAM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MIMESTREAM AND ALL PARTIES TO ANY SUCH PROCEEDING.
6. Termination
Mimestream may terminate or suspend any and all Services, without prior notice or liability, for any reason whatsoever. Upon termination of our Services, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.
7. Changes to Terms
We reserve the right to change these Terms at any time, to improve clarity or to reflect changes in our product or business. When we do, we will post an updated version on our website, including the date that these Terms were last updated. By continuing to use our Apps and Website, you consent to the revised Terms.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of Maryland and the United States of America, where applicable, and submitted to the exclusive jurisdiction of US Courts.
If any provision of these Terms of Service is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms of Service.
This is the entire agreement between you and Mimestream with regards to the subject matter herein and these Terms shall not be modified except as provided herein. Mimestream may assign this Terms agreement, in whole or in part, in its sole discretion and such assignment shall relieve Mimestream of any further obligation hereunder.
The waiver by Mimestream of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.