Welcome to MeetAndy
Effective date: July 8, 2024
Thank you for choosing MeetAndy (“we”, “us”, or “our”). Please read these Terms of Service (“Terms”) carefully because they govern your use of our website(s), products, services, and applications (collectively, the "Services").
Agreement to these Terms
By using the Services, you agree to be bound by these Terms. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Changes to the Terms or Services
We may modify the Terms at any time, at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Service or through other communications. If you continue to use the Services, including by keeping your files on the Services, after such a change, you are indicating that you agree to the modified Terms. We may also change or discontinue all or any part of the Services, at any time and without notice or liability, at our sole discretion.
Service Terms
Who may use the Services: You may only use the Services if you are old enough to consent (by yourself and not by a parent or guardian) to share your data under applicable law.
Use Restrictions. Except as otherwise expressly authorized in these Terms, you will not, and will ensure your employees, contractors, and other persons associated with your account (“Authorized Users”) do not, and will not encourage or assist third parties to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services (except to the extent that such a restriction is impermissible under applicable law); (ii) provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Services; (iii) copy, modify, create derivative works of, or remove proprietary notices from the Services; or (iv) circumvent any technical limitations implemented by us.
Authorized Users; Accounts. As part of the registration process, you will identify an administrative username and password for your account. You represent and warrant that all registration information, including with respect to the list of domains owned or controlled by you for purposes of domain capture, you provide is truthful, accurate, and complete, and that you will maintain the accuracy of such information. You are responsible and liable for maintaining control over your account, including the confidentiality of your username and password, and are solely responsible and liable for all activities that occur on or through your account and all Authorized Users’ accounts, whether authorized by you or not.
Feedback; Use Rights. We welcome feedback, comments, and suggestions (“Feedback”). As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback. We will have the right to collect and analyze data and other information relating to the access, use, and performance of the Services (“Usage Data”) and we will be free (during and after the Term) to use Usage Data in de-identified and aggregated form to maintain, improve, and enhance our products and services. Examples of Usage Data include technical logs, metadata, and telemetry data.
Reservation of Rights. As between the parties, MeetAndy owns all right, title, and interest in the Services, and you own all right, title, and interest in any application(s) and/or material(s) that are developed by you on the Services or uploaded to the Services by you (“Customer Content”). Except as expressly set forth in these Terms, each party retains all right, title, and interest in and to its intellectual property rights. All rights not expressly granted are reserved, and no license, covenant, immunity, transfer, authorization, or other right will be implied, by reason of statute, estoppel, or otherwise, under these Terms.
License
Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license worldwide (with the exception of jurisdictions that are embargoed or designated as supporting terrorist activities by the United States Government) for you to access and use the Services for your internal business or personal purposes, depending on your account type.
Charges and Payment
When you purchase our Services (each such purchase, a “Subscription”), you expressly authorize us or our third-party payment processor to charge you for such Services. You represent and warrant that you have the legal right to use all payment methods that you provide to us.
All fees are stated and solely payable in U.S. Dollars (unless otherwise stated during the payment process), non-cancelable, non-refundable (except as otherwise expressly set forth in these Terms), and not subject to setoff, deduction or withholding.
All fees are exclusive of all applicable taxes (including value added tax, sales tax, goods and services tax, etc.), and you shall be responsible for payment of all applicable taxes.
In the event that you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies we may have.
All Subscription pricing plans involve recurring fees (each, along with any applicable taxes and other charges are a “Subscription Fee”). Depending on which options you choose, those fees may recur each month, quarter or year thereafter, at the then-current rate. Please note that our fees are subject to change, although we will notify you before we effect any change.
By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or us. We (or our third party payment processor) will automatically charge you in accordance with the term of your Subscription (e.g., each month, quarter, or year), on the calendar day corresponding to the commencement of your Subscription using the payment information you have provided.
Your Subscription continues until canceled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms.
You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, you will not receive a refund of any portion of the subscription fee paid for the then current subscription period at the time of cancellation.
To cancel, you can either (i) email us at support@meetandy.ai and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) for some kinds of Subscriptions, initiate a cancellation through your account settings within the Services. You will be responsible for all Subscription Fees incurred for the then-current Subscription period. Canceling your Subscription will not terminate your account.
Confidentiality
Confidential Information. We (the “Discloser”) have disclosed or may disclose proprietary or non-public business, technical, financial, or other information (“Confidential Information”) to you (the “Recipient”). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of the Services, including security related information.
Obligations. The Recipient will use the Discloser’s Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser’s Confidential Information to parties other than the Recipient’s employees, contractors, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser’s Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser’s reasonable requests regarding its efforts to oppose the disclosure. The obligations set forth herein will survive for so long as these Terms are in effect between the parties and for five years thereafter.
Warranties and Disclaimers
Warranty Disclaimer: The Services provided by MeetAndy are offered on an "as is" and "as available" basis, without any warranties, either express or implied. MeetAndy expressly disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MeetAndy does not guarantee that the Services will be secure, safe, uninterrupted, timely, accurate, or free from errors, or that any user's data will remain private or secure.
Limitation on Direct Damages: Except as expressly set forth in this section, to the maximum extent allowed by applicable law, neither MeetAndy, nor its affiliates, officers, employees, agents, partners, or licensors, will be liable to you or any third party for any damages that exceed the greater of (a) the total amount you have paid to MeetAndy for the use of the Services during the twelve (12) months prior to the event causing the liability or (b) one hundred dollars (USD$100).
Exclusion of Indirect Damages: Under no circumstances will MeetAndy, its affiliates, officers, agents, employees, partners, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether MeetAndy was or should have been aware of or advised of the possibility of such damages, arising out of or in connection with your use of the Services or Service Content.
User Disputes
You acknowledge and agree that you are solely accountable for any and all interactions with other users of the Service. MeetAndy shall bear no liability or responsibility concerning disputes between you and another user. While we reserve the right to intercede in user disputes, we are under no obligation to do so.
Termination
MeetAndy reserves the right, at its sole discretion, to suspend or terminate your account (or any portion thereof) or your use of the Service. This may be due to various reasons, including but not limited to prolonged inactivity or any perceived violation of these Terms of Service, whether in letter or spirit. We may also take action if we suspect any fraudulent, abusive, or illegal activities associated with your account. Such actions may be reported to appropriate law enforcement authorities.
Furthermore, MeetAndy may choose to discontinue the Service, in whole or in part, at any given time and may do so with or without prior notice. Should your access to the Service be terminated for any reason outlined in these Terms of Service, you understand and agree that MeetAndy might deactivate or delete your account, as well as any associated information and files. You may also be barred from accessing the Service further. You hereby agree that MeetAndy shall not be held accountable or liable to you or any third party as a result of any such termination.
Governing Law and Jurisdiction
These Terms will be governed exclusively by the internal laws of the State of Delaware, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The parties acknowledge that this Term evidences a transaction involving interstate commerce. The state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Term or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Term. In any action or proceeding to enforce rights under this Term, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Miscellaneous
Force Majeure. We will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance. If we believe in good faith that it is legally prohibited from providing you or your Authorized Users with the Services, we may freeze your account and/or cancel your subscription at our sole discretion.
Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision hereof and it is the intent and agreement of the parties that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal and enforceable and that achieves the same objective.
Assignment. These Terms (and your access to any of the Services) are not assignable or transferable by you without our prior written consent. Any purported assignment in violation of this section is null and void.
No Partnership. No agency, partnership, joint venture, or employment is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect whatsoever.
Entire Terms. These Terms supersedes all other agreements between the parties relating to its subject matter. The parties expressly agree that any different or additional terms set forth in any purchase order, vendor portal, code of conduct, or other similar documentation provided by you will not apply between the parties even if signed, acknowledged or accepted by us, unless we specifically references this clause and waives its rights.