Mellel End User License Agreement
[Last Revised: August 22, 2017]
ACCEPTANCE OF TERMS: BY ACCESSING OR INSTALLING THE APP AND USING THE SERVICES (AS DEFINED BELOW) YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THE TERMS. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE SERVICES AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US WHICH FURTHER ENFORCES CLASS ACTION WAIVER AND ARBITRATION PROVISION AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION BELOW. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT INSTALL, ACCESS OR USE THE APP OR SERVICES.
You represent and warrant that you are at least 13 years of age and of legal competence to enter into this EULA. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.
We reserve the right to periodically amend or revise these Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Revised” heading. Your continued use of the App or Service constitutes your acknowledgement and consent of such amendments to these Terms and your agreement to be bound by the terms of such amendments. In the event of a material changes we will make best efforts to provide you with notifications through the App or by email, if applicable.
SERVICE & PAYMENTS
Scope of Service – we provide you with leading professional word processor technology for either your Mac, or iPad which includes a variety of features especially designed for scholars, creative and technical writing, and multilingual word processing (collectively together with the App and Site shall be referred as the “Service(s)”).
Our Services are subject to purchasing an applicable license based on your needs (“License”), we will at first offer you a 30-day Free trial, following which you may purchase the License applicable to you.
Support, Updates and Upgrades – we may, at our sole discretion, provide limited technical support, upgrades and updates for the Service. We might provide an update free of charge to users who have purchased a License during twenty-four (24) months prior to the release of the applicable update. In addition, we might offer an upgrade of the License, which may require additional payment. We may offer the applicable updates or upgrades through the dialogue box from within the App. We have no obligation to make available to you any support, updates or upgrades of the Services or License. You hereby agree to receive such updates and upgrades as part of your use of the Services.
Payment- the purchase of the License is subject to a onetime payment. The payment currency may change according to your GEO location. The Company reserves the right to change the pricing of the License, in its sole discretion at any time.
Any and all payments are processed either through the App Store or through third party payment processor (“Third Party Processors”), and not directly by us, therefore, the processing of payments will be subject to the terms, conditions and privacy policies of the Third-Party Processors, or the App Store (available at: at: https://www.apple.com/legal/internet-services/itunes/us/terms.html) in addition to this EULA. We are not responsible for any fees, errors or problems made by the Third-Party Processors or the App store.
Refund policy: We provide a 100% money back guarantee if, at any time during the first ninety (90) days following a purchase of a License, you are not satisfied with our Service. In order to obtain a refund, please contact us at: email@example.com. Please note that, upon a refund payment, your access to the Services shall be limited and you won’t be able to use the Services. Further, the actual refund payment shall be subject to either the Third Party Processors terms or App Store’s terms, as applicable, and subject to their policies, Including, but not limited, with respect to any fee deduction and the period as of the refund request and actual refund payment.
Please note – you may download the App (if applicable) and access the Services from any or multiple devices, however each License cannot be used simultaneously.
LICENSE AND INTELLECTUAL PROPERTY
Subject to your acceptance of and full compliance with these Terms, we hereby grant you a limited, personal, non-sub licensable, non-exclusive license to install the App and use the Services on any applicable devices that are under your control, and solely for non-commercial use. The Service may not be used for any other purpose without Company’s prior written consent. We reserve all right, title and interest not expressly granted herein to the fullest extent possible under applicable laws.
The Service is protected by international copyright laws or any other intellectual property laws that are licensed to the Company, its licensors, vendors, partners or affiliates or other third parties. Such materials may contain software, design, text, images, information, logos, photographs, illustrations, artwork, graphic material and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation all trademarks, service marks and trade names (individually or collectively, “Protected Content”). Except as permitted by us, and without derogating from the generality of the described under these Terms, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content
RESTRICTIONS OF USE AND USERS’ WARRANTIES
You agree that you or any third party on your behalf shall not: (i) sublicense, redistribute, sell, lease or rent the Services; (ii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Services; (iii) copy, modify, improve, or create derivative works of the Services or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vi) use the communications systems provided by the App to send unauthorized or unsolicited commercial communications; (vi) use our name, logo or trademarks without our prior written consent; or (ix) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this EULA. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS EULA IS STRICTLY PROHIBITED AND MAY RESULT, AT COMPANY’S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.
DISCLAIMERS AND LIMITATION ON LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL TO COMPANY BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE COST OF THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THIRD-PARTY SERVICES AND CONTENT
Goods or services may be offered by our third-party partners through links contained on our Service. We have no control over and do not endorse third party goods or services, we make best efforts to monitor and choose our partners and secure the goods or services presented to you. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS.
FORUM & USER GENERATED CONTENT
Our Site may include certain interactive features that allow users to post, transmit and receive messages on discussion forum or other online channels. The user generated content (“UGC“), refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us. The UGC shall include, among other images, comments, posts, texts, icons, links, opinions and feedback provided by you and by other users, etc.
You hereby undertake and agree that the UGC uploaded by you to our Site may not violate any applicable law, including but not limited to: (a) contain hateful content, including any content that might encourage or suggest violence of any kind including but to limited to violence and racism based on religion, discriminatory, age, gender identity, sexual orientation, ethnic, nationality and ethnic origin; (b) contain adult and pornography content, including, any content that is sexual by its nature such as images containing nudity or sexual language such as descriptions of sexual acts or any content which contains alcohol-related or other mature content (including advertisements); (c) contain any content or engages in a behavior which may infringe in any way third party intellectual property, including but not limited to patents, copyrights, logos, tradenames, trademarks trade secrets etc.; (d) contain any content or engage in any activity that shall infringes the right to privacy including but not limited to the use of celebrities’ images or names as well as the use of children’s images or names, or include any Personal Information on you or other users’; and (e) contain any content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product. We recommend you do not upload any personal information to the forum.
By submitting, posting, or displaying UGC through the Site you grant Company with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, distribute, reproduce, distribute, prepare derivative works of, display, make available to the public any part of the UGC provided by. Furthermore, you grant each user of the Site, a worldwide, non-exclusive, royalty-free license to view and access your UGC through the Site.
IF WE BELIEVE, IN OUR SOLE DISCRETION, OR WE DISCOVER THAT THE UGC PROVIDED BY YOU VIOLATES OR MAY VIOLATE ANY OF THE AFORESAID, WE WILL HAVE THE SOLE AND ABSOLUTE RIGHT TO REMOVE, DELETE AND BAND SUCH UGC, OR INFORMATION FROM OUR SITE. WE MAY ALSO RESTRICT YOUR ACCESS OR USE OF THE SITE OR SERVICES. YOU ACKNOWLEDGE THAT THE COMPANY MIGHT MONITOR THE UGC AND MAY REMOVE ANY PART THEREOF AT ITS SOLE DISCRETION. NONETHELESS, THE COMPANY HAS NO OBLIGATION TO MONITOR THE UGC AND THE RESPONSIBILITY AND LIABILITY WITH RESPECT TO THE UGC AND ITS COMPLIANCE WITH THE LAW IS OBLIGED ON YOU.
You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your install and use of the Service in the event the use is not in compliance with these Terms; (ii) abusing or infringing third party rights through the Service; and (iii) your breach of these Terms or any applicable law and regulation.
You can terminate these Terms and the use of the Service at any time. If you wish to terminate your use of the Service, you may do so by removing the App from your device, as follows: on a macOS device: (i) locate the App in your Applications Folder and (ii) drag it into the trash can on your Mac; on an iOS device: (i) locate the application; (ii) tap and hold on App’s icon; (iii) choose the applicable option to remove the application from your device.
We may terminate your access to all or any part of the Services at any time if you will violate these Terms, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Services.
For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This agreement to arbitrate will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Any action at law or in equity relating to the arbitration provision of these Terms shall be brought exclusively in a state or federal court located in New York, New York and for such purpose you submit to the personal jurisdiction of such courts. Any cause of action you might have relating to the Service may be brought no later than one (1) year from the date the incident arose, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
These Terms, constitutes the entire understanding between the parties with respect to the use of the Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms of Service and any right granted herein may not be assigned by you without the prior written consent of the Company.
If you have any questions or comments about this Terms, please contact us via email at: firstname.lastname@example.org
Please be sure to include your name, address and email address in any correspondence to us so that we can respond to your inquiry in a timely manner.