END USER LICENSE AGREEMENT

This End User License Agreement (“Agreement”) is a legally binding agreement between you and Mixagraph (“Mixagraph,” “we,” “us,” or “our”) governing your use of the Mixagraph application and related services (the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES YOU TO RESOLVE DISPUTES WITH MIXAGRAPH ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. THIS PROVISION LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MIXAGRAPH.

  1. Grant of License. Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Service for your personal, non-commercial purposes.
  2. There is no tolerance for objectionable content or abusive users.
  3. Use Restrictions. You agree that you will not, and will not permit any third party to: (a) use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by this Agreement; (b) copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense, or otherwise transfer any right in the Service; (c) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service; or (d) attempt to gain unauthorized access to the Service or its related systems or networks.
  4. User Content. The Service allows you to post, upload, publish, or otherwise transmit content, including but not limited to photographs, videos, and written statements (“User Content”). You retain all rights in and to your User Content, but you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, and display your User Content in connection with the Service.
  5. Proprietary Rights. The Service and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Mixagraph, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These rights are reserved.
  6. Disclaimers. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service. You expressly agree that your use of the Service is at your sole risk.
  7. Limitation of Liability. To the fullest extent permitted by law, in no event will Mixagraph or its affiliates, officers, employees, agents, suppliers, or licensors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the service
  8. any website linked to it, any content on the Service or such linked websites, or any services obtained through the Service or such linked websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of good will, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
  9. Indemnification. You agree to defend, indemnify, and hold harmless Mixagraph, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Service, including but not limited to User Content submitted by you, and your use of any information obtained from the Service.
  10. Term and Termination. This Agreement is effective until terminated by either party. If you wish to terminate this Agreement, you may discontinue using the Service. In addition, we may, in our sole discretion, at any time terminate or suspend all or a portion of the Service, or your use of all or a portion of the Service, with or without notice and with or without cause.
  11. Dispute Resolution. Any dispute arising out of or relating to this Agreement or the Service shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
  12. General Terms. This Agreement constitutes the entire agreement between you and Mixagraph with respect to the use of the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your agreement to this Terms of Use is dated the moment you first use the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law.
  13. By using the Service, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
  14. Last updated: 1/29/2023