Terms and conditions
These terms and conditions (the "Agreement") set forth the general terms and conditions of your use of the "Minvo" web application ("Web Application" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Momento Podcasting Inc., doing business as "Minvo" ("Momento Podcasting Inc.", "Minvo", "we", "us", or "our"). By accessing and using the Web Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Web Application and Services. You acknowledge that this Agreement is a contract between you and Momento Podcasting Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Web Application and Services.
Accounts and membership
If you create an account in the Web Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Advertisements
During your use of the Web Application and Services, you may enter into correspondence with or participate in promotions of advertisers, third party advertisement managers (such as Facebook or Google), or sponsors showing their goods or services through the Web Application and Services. Advertisements and promotions presented by any third party advertisement manager are filtered through their own internal processes prior to display. for any such correspondence, purchase or promotion between you and any such third party. Relevant local advertisements and app sponsors may be locally sourced by the Momento Podcasting Inc. team.
Links to other resources
Although the Web Application and Services may link to other resources (such as websites, web applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Web Application and Services. Your linking to any other off-site resources is at your own risk.
YouTube Third-party Agreement
By using the Web Application and Services, you agree to be bound by YouTube's Terms of Service https://www.youtube.com/static?template=terms. We utilize YouTube's API to provide certain functionalities within the Web Application and Services.. Please review YouTube's terms of service before using the Web Application and Services.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Web Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Web Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Web Application and Services for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Momento Podcasting Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Momento Podcasting Inc. All trademarks, service marks, graphics and logos used in connection with the Web Application and Services, are trademarks or registered trademarks of Momento Podcasting Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Web Application and Services may be the trademarks of other third parties. Your use of the Web Application and Services grants you no right or license to reproduce or otherwise use any of Momento or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Web Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Momento Podcasting Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Momento Podcasting Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Momento Podcasting Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Momento Podcasting Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Web Application and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Web Application and Services at any time, effective upon posting of an updated version of this Agreement in the Web Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Web Application and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Web Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Web Application and Services.
Fees and Payments
The services provided by Momento Podcasting Inc, (DBA Minvo), may be offered free of charge or subject to a fee. In the event of any fee associated with the services, users will be notified beforehand. If you continue to use services that transition to a fee-based model, you are responsible for paying all applicable fees. Please note that text message services may incur additional charges determined by your wireless carrier.
Paid Services
Certain services provided by Minvo may require payment, either presently or in the future. Please refer to our Paid Services page for details on current offerings. Payment terms presented during the sign-up process for these services are considered part of this agreement.
Billing
To purchase Paid Services, you may need to provide relevant information such as credit card details and billing address. By providing this information, you confirm its accuracy and agree to its use for billing purposes. Payment processing may be handled by third-party payment processors, subject to their terms and privacy policies.
Payment Method
Charges for Paid Services will be processed through the Payment Processors using the payment method you've selected. You agree to authorize these charges and to ensure your Billing Account remains current. We reserve the right to correct any payment errors and may reject purchases due to service unavailability or suspected fraud.
Recurring Billing
Some Paid Services operate on a subscription basis with recurring charges. By opting for a recurring payment plan, you accept responsibility for all recurring charges until cancellation. Subscription fees may be subject to change, and you will be notified in advance of any adjustments.
Change in Amount Authorized
You will be notified of any changes to the amount charged to your Billing Account before the transaction occurs. Charges may be accumulated and submitted as aggregate charges during each billing cycle.
Auto-Renewal for Paid Services
Unless you opt out, Paid Services will be automatically renewed for successive periods at the current rate. To modify or cancel Paid Services, access your account settings. Terminating Paid Services before the end of the current term does not entitle you to a refund for the remaining period.
Reaffirmation of Authorization
Continued use of Paid Services confirms your authorization for charges to be applied to your Payment Method. Charges may be incurred in advance, in arrears, or per usage as outlined in the initial agreement.
Free Trials and Promotions
Any free trials or promotions offering access to Paid Services must be utilized within the specified timeframe. To avoid charges, discontinue use before the trial period ends. Minvo reserves the right to modify or cancel trial offers at any time.
Refunds and Cancellation
These refund and cancellation policies apply to all Paid Services offered by Minvo, including subscriptions, one-time purchases, and usage-based charges. By using our services, you agree to abide by these terms and conditions. Minvo reserves the right to modify these policies at any time without prior notice.
Refunds
Minvo does not offer refunds or partial refunds for any Paid Services, including but not limited to subscription fees, one-time payments, or usage charges.
Cancellation
Customers have the right to cancel Paid Services at any time, subject to the following conditions:
1. Cancellation Timing
Upon cancellation, Paid Services will remain accessible until the end of the current billing period. Annual subscriptions can be cancelled at any time, with no refunds or partial refunds provided. However, access to Paid Services will continue until the end of the annual subscription period.
2. Process
To cancel Paid Services, customers must access their account settings or contact Minvo's customer support. Cancellation requests must be submitted before the next payment due date to avoid automatic renewal and subsequent charges.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to hello@minvo.pro
This document was last updated on May 13, 2024