Last Updated Date: April 17, 2023
Welcome to Mos, a platform operated by Askmos, Inc. (“Askmos,” “Mos,” “Mos.com,” “we,” or “us”). Mos provides a mobile experience designed to holistically address young adults’ financial needs and provides access (i) to Scholarship, a cloud-based, financial aid assistance service and searchable database to help students locate financial aid providers (“Scholarship”); (ii) to Mos financial aid advisors who may advise Mosters (defined below) on anything related to financial aid and paying for college (“Advisor”); and (iii) to a rewards program for Mosters to earn points for using their Mos account; each as further described below.
Please read this Terms of Service Agreement (the “Terms”) carefully. This website and its subdomains (collectively, the “Website”), the information on the Website, any Mos mobile application (“Mobile App,” and together with the Website, the “Platform”), and the services and resources available or enabled via the Platform, including, without limitation, Scholarship, Advisor, and Rewards Program (defined below), (each a “Service” and collectively, the “Services”), are controlled by Askmos, Inc., a Delaware corporation with a principal place of business at 660 4th Street, Suite 193, San Francisco, California 94107. These Terms along with all supplemental terms that may be presented to you for your review and acceptance (“Supplemental Terms”) govern your access to and use of the Services. BY CLICKING ON THE “I ACCEPT” (OR SIMILAR) BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, DOWNLOADING OR USING THE MOBILE APP, OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MOS OR ARE USING THE SERVICES UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, WHO SHALL BE SUBJECT TO THIS AGREEMENT, AND (3) YOU, OR SUCH PARENT OR GUARDIAN, HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL USER IDENTIFIED WITH A MOS USER ACCOUNT (SUCH INDIVIDUAL REFERRED TO HEREIN AS A “MOSTER,” OR “USER”). IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE ANY OF THE SERVICES.
PLEASE BE AWARE THAT SECTION 2.5 OF THE AGREEMENT BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING, AS APPLICABLE, VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION 16.2 OF THIS AGREEMENT.
ASKMOS, INC. (MOS) IS NOT AFFILIATED WITH THE U.S. DEPARTMENT OF EDUCATION OR ANY STATE OR FEDERAL GOVERNMENT AGENCY.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY MOS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Mos will make a new copy of the Terms available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms. In the event that a change to the Agreement materially modifies User’s rights or obligations Mos will make commercially reasonable efforts to notify User of the change, including via email or presentation of a pop-up window or other notification to User through the Service upon login. User may terminate the Agreement after receiving notice of material modifications, by providing notice to Mos within fifteen (15) days of receipt of notice. Immaterial modifications are effective upon publication. Material modifications will be effective upon the earlier of: (a) continued use of the Service with actual knowledge of the modification, or (b) thirty (30) days following the change. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. You agree that Mos’s continued provision of the Services is adequate consideration for the changes in the updated Agreement.
1.1 Creating a Moster Account. To access or use certain features of the Services, the User must register a user account on the Platform (“Moster Account”) and create a profile with login credentials ("Profile").
(b) When registering with Mos, you must: (i) provide true, accurate, current and complete information about yourself and (ii) maintain and promptly update your registration or profile data to keep it true, accurate, current and complete.
(c) You are responsible for maintaining the confidentiality of your Moster Account log-in information and are fully responsible for all activities that occur under your account. You shall take reasonable steps to prevent unauthorized access to the Services, including without limitation by protecting your login information. You shall notify Mos immediately of any known or suspected unauthorized use of the Services or breach of its security and shall use best efforts to stop such breach to the extent caused by your acts or omissions. Mos cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.2 Scholarship and Advisor.
(a) The Mos Mobile App includes two tools to help students pay for and save money on college: (1) Scholarship and (2) Advisor. Anyone who has a Mos Account can access these tools. Mos uses reasonable efforts to ensure that the Scholarship Finder and/or Mos Advisor Service is generally available. However, at times the Scholarship Finder and/or Mos Advisor Service will be interrupted. Mos will use reasonable efforts to minimize interruptions where this is within the control of Mos.
(b) THE SCHOLARSHIP AND ADVISOR SERVICES ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. MOS DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY FINANCIAL AID OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY AN ADVISOR OR ELSEWHERE IN THE SERVICES. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY INFORMATION OR ADVICE CONVEYED TO YOU IN THE BY AN ADVISOR OR THROUGH THE SERVICES.
(c) BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE ON THE INFORMATION PROVIDED BY MOS THROUGH THE SERVICES OR OUR ADVISORS IS AT YOUR OWN RISK AND THAT MOS DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE SERVICES WILL PROVIDE YOU WITH OR RESULT IN YOUR RECEIPT OF ANY FINANCIAL AID OR YOUR ABILITY TO PAY FOR COLLEGE.
(d) OUR ADVISORS ARE NOT LICENSED FINANCIAL ADVISORS. MOS IS NOT RESPONSIBLE AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY ACTIONS OR OMISSIONS OF ANY ADVISORS. MOS NOR YOUR ADVISOR IS IN NO WAY YOUR AGENT, ADVISOR, OR CUSTODIAN, AND WE DO NOT HAVE A FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES THAT YOU EFFECT WHEN USING OUR SERVICES. YOU AGREE THAT YOU WILL NOT RELY ON ANY INFORMATION PROVIDED BY MOS OR ANY ADVISOR IN MAKING ANY LOAN-RELATED DECISIONS OR ANY OTHER PERSONAL FINANCIAL DECISIONS. For more information on the Scholarship and Advisor tools, please visit our FAQ.
2.1 Website License. The Platform, the Services, and the information and content available on the Platform and the Services (as these terms are defined herein) are protected by copyright laws throughout the world. Subject to the Agreement, Mos grants you a non-transferable, non-exclusive, revocable, limited license to (a) use and access the Website solely for your own personal purposes; and (b) access and use the content and information made available by Mos on the Website solely for personal purposes. Unless otherwise specified by Mos in a separate license, your right to use the Website is subject to the Agreement.
2.2 Mobile App License. Subject to your compliance with the Agreement, Mos grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile App on a single mobile device that you own or control and to run such copy of the Mobile App solely for your own personal or internal business purposes. Furthermore, with respect to any Mobile App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Mobile App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.
2.3 Updates. You understand that the Services are evolving. As a result, Mos may require you to accept updates to the Services that you have installed on your mobile device. You acknowledge and agree that Mos may update the Services with or without notifying you. You may need to update third-party software from time to time to use the Services.
2.4 Compliance and Restrictions. To be eligible to use the Services you must comply with this Agreement and all local laws regarding online conduct. You understand that Mos owns the Platform and the Services. You agree not to screen scrape, reproduce, infringe, modify, publish, transmit, create derivative works based on, reverse engineer or otherwise exploit any of the Services.
2.5 Mos Communications. By entering into the Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Moster Account or the use of the Platform and/or Services, updates concerning new and existing features on the Platform and/or Services, communications concerning promotions run by us or our third-party partners, and news concerning Mos and industry developments. Standard text messaging rates will apply (as applied by your cell phone carrier). IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF ALL PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PLATFORM AND/OR SERVICES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE PLATFORM AND/OR SERVICES.
3.1 Types of Content. You acknowledge that all information, data, text, software, photographs, graphics, video, messages, tags and/or other materials accessible through the Services (collectively, “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Mos, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Services (“Your Content”), and that you and other Mosters or any Advisor, and not Mos, are similarly responsible for all Content that you and they Make Available through Services (“User Content”).
3.2 Your Privacy. You may choose to post Your Content that is personal information about yourself but please think carefully before you do this, because Your Content may be visible to other Users and/or Advisors. You are prohibited from posting Content that is personal information about others.
3.3 Restrictions. Mos cannot and does not review all Content made available through the Service. By posting Content, you represent that you have the full legal right to provide the Content. You may not contribute any Content that:
(a) infringes any intellectual property rights or rights of privacy of any person or entity;
(b) violates any law;
(c) is threatening, harassing, obscene, indecent or generally false or misleading;
(d) violate community standards of decency; or
(e) is the confidential information of any third party.
3.4 Complaints. If you believe that any content submitted to the Service violates your copyright or anyone else’s intellectual property rights, please follow our complaint procedure in Section 15.10.
4.1 Proprietary Rights.
(a) Except with respect to Your Content and User Content, the Services are the exclusive property of Mos and constitute valuable intellectual property and proprietary materials of Mos. Subject to the limited rights expressly granted in the Agreement, Mos reserves all right, title and interest in and to the Services, including all intellectual property rights. No rights are granted to User except as expressly set forth in the Agreement.
(b) The look and feel of the Service, including any custom fonts, graphics and button icons are the property of Mos and User may not copy, imitate, or use them, in whole or in part. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the Services.
4.2 No Transfer of Intellectual Property. Except as expressly set forth in the Agreement, nothing in the Agreement grants any license to, or transfers any right, title or interest in or to, the Service, the Confidential Information of Mos, or any patents, copyrights, trade secrets, logos, trademarks, trade names or service marks of either party, whether by implication, estoppel, or otherwise.
4.3 Your Content. Mos does not claim ownership of Your Content. You retain all right, title and interest in and to Your Content that you submit, and all intellectual property rights embodied therein. You represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You further warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated below.
4.5 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Company’s business.
5.2 Acceptable Use. As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. You may not (and shall not permit any third party to) use the Service or make available any Content on or through the Services:
(a) for any illegal purpose;
(b) to contact any other user of the Services without that person’s permission;
(c) for data mining, scraping, or releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from our Services, except to the extent the Services are indexed by general purpose public search engines;
(d) to compete with Mos;
(e) for modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any content available through the Services unless it is content that you rightfully posted;
(f) to attempt to gain unauthorized access to Mos’s networking platform or interfere with the Services by any means including introduction of malware or excessive usage or network traffic;
(g) to access or collect any personally identifiable information of other persons; or
(h) to interfere with any security features of our Services or network platform.
You acknowledge and agree that the unauthorized use of our Services could cause irreparable harm to Mos and that in the event of such unauthorized use, Mos shall be entitled to an injunction in addition to any other remedies available at law or in equity.
5.3 Misuse. In the event that Mos reasonably concludes that User has (a) provided Mos with untrue or inaccurate information, (b) failed to comply with the Agreement, or (c) engaged in harassment of, or inappropriate behavior with, Mos employees or Mos representatives, then Mos may suspend User’s access to the Service or terminate User’s Service account. If Mos bans you from the Platform and/or Services, you may not return for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, after you’ve been banned, you will be deemed to have breached these Terms, and Mos reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
5.4 Compliance with Laws. In its use of the Services, User shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information.
5.5 Interaction with Other Users. You are solely responsible for your interactions with other Mosters and any other parties with whom you interact, including, without limitation, Advisors and any or your invitees, pursuant to Section 1.2(d), or P2P Payment transfer recipients, pursuant to Section 1.2(c)(ii); provided, however, that Mos reserves the right, but has no obligation, to intercede in such disputes. You agree that Mos will not be responsible for any liability incurred as the result of such interactions.
6.1 Program and Eligibility. In connection with a Moster Account, Mos offers Users the ability to earn Rewards (as defined below) for certain actions or activities related to your Moster Account (collectively, the “Rewards Program”). Please visit our Rewards Program page (available at https://www.mos.com/about-points/) to view active promotions. The Rewards Program is offered at no additional charge. Existing Users will be given the opportunity to enroll in the Rewards Program. For new Users, the Program begins upon the opening of your Moster Account. All Users with a Moster Account in good standing are eligible for the Rewards Program. By agreeing to these Terms, you hereby authorize Mos to access and review activity in your Moster Account in order to calculate an accrual of Rewards. Mos reserves the right to disqualify any User from participation in the Rewards Program, suspend your participation in the Rewards Program and/or freeze any accrual or redemption of Rewards if we suspect fraudulent activity in your Moster Account or any behavior that violates these Terms.
6.2 Rewards. Mos will award cash back to Users through the Rewards Program based on certain actions or activities related to your Moster Account. Cash back is added to your account balance and displayed in your Moster Account on the Mobile App. At this time, as long as your Moster Account remains open and in “Good Standing” (meaning it is not frozen or suspended, and does not have a negative balance for 60 or more calendar days), cash back will be earned and not expire. Cash back may be rescinded if Mos determines in its sole discretion that the Points were awarded to you in error or corresponding actions have been rescinded. If you believe that you are eligible for cash back that were rescinded or that you have not received, or that you received cash back that were calculated erroneously, please contact us at firstname.lastname@example.org. You have no legal interest or property or other rights to cash back, and they cannot be bought, sold or transferred in any way, to any other User (including upon death or as part of a domestic relations matter).
6.3 Earning Cash Back. By completing certain actions or performing activities, Users may receive cash back. The specific amount of cash back or earning rate for actions is listed in the Mobile App, and subject to change in our discretion. Cash back earned will be added to and visible in your Moster Account by the end of the next billing cycle. There is no limit on the number of Points a User can accrue. Any applicable federal, state, or local tax obligations related to your Moster Account are your sole responsibility. Please consult your tax advisor concerning any such income or other tax consequences related to your participation in the Rewards Program.
6.4 Promotions. From time to time, we may offer special promotions to Users, including, without limitation, new eligible actions and action categories, opportunities to earn additional cash back, ability to redeem cash back for various promotional or season awards, or other promotional activity associated with your Account (“Promotions”). These Promotions may be for a limited time only and may be discontinued at any time, without prior notice, at our discretion. Promotions may be subject to additional Mos terms and conditions which will be made available to you during the Promotion period. Some aspects of a Promotion may be provided by third-party companies pursuant to their own separate terms and conditions. In addition to the rights and restrictions set forth in these Terms, your use of or participation in any Promotion may be subject to any such applicable third-party terms and conditions.
6.5 Program Terms. We reserve the right to suspend or terminate the features of the Rewards Program at any time. Our decisions regarding such suspension or termination are final. If Mos terminates the Rewards Program, you will have until the termination date to redeem your cash back. We may, from time to time and at any time in our sole discretion, amend, change, or limit any of the terms and conditions of the Rewards Program. Such changes are effective to all Users. Changes may include, but are not limited to, the amount of cash back awarded, the type of actions which qualify for cash back, the rate of cash back accrual, the availability of the Rewards Program, the Rewards Program offerings, the expiration of cash back, the imposition of an annual membership fee or the increase of any fees associated with the Rewards Program, or the amount of cash back which may be earned. Your continued receipt of cash back does not give you any vested rights and you may not rely upon the continued availability of Cash Back rewards. We will post any such changes in the Mobile App, and it is your responsibility to review these Terms for any such changes.
6.6 Invite Program. As a User, you will be able to invite friends to join Mos (“Invite Program”). Upon becoming a Moster, you will be provided a personalized link (“Invite Link”) to the Services, accessible via the “Invite Friends” button or your account settings. Anyone who accesses the Services using your personalized Invite Link, (i) downloads the Mobile App and signs up for a Mos account, and (ii) is a student and gets verified by Mos, along with you will each receive a five dollar ($5.00) referral bonus or other reward of similar value as deemed appropriate by Mos in its sole discretion, which amount may be changed at any time in Mos’s sole discretion with or without notice to you. YOUR USE OF THE MOS SERVICES DOES NOT IN ANY WAY ENTITLE YOU TO RECEIVE ANY CASH REWARDS. MOS RESERVES THE RIGHT TO CANCEL THE INVITE PROGRAM AND/OR DEACTIVATE ANY INVITE LINK AT ANY TIME IN OUR SOLE DISCRETION. By participating in the Invite Program, you may also be eligible to participate in certain promotional programs that may be run by Mos from time to time offering certain cash awards. Any such program may be for a limited time only and may be discontinued at any time, without prior notice, at our discretion. Such promotional program may be subject to additional Mos terms and conditions which will be made available to you during the promotional program period and which are hereby incorporated herein by reference. For more information on the Invite Program, please visit our FAQ.
(a) Fees to Access the Services. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time pursuant to Section 12. All new fees, if any, will be posted prominently on the Platform and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered through the Services by us or by any other vendor or service provider. If you elect to pay any such fees with a credit card, you hereby (a) authorize Mos to charge such fees to such credit card account and verify that the credit card account has the necessary funds or credit available to cover your purchase and (b) agree to provide Mos with updated information regarding your credit card account promptly when the information changes, or upon Mos’s request. You shall pay all applicable taxes relating to use of the Services through your account.
(b) Other Fees and Limits. You acknowledge and agree that your use of the Services may result in other fees, charged by a third party, which are separate from and in addition to fees charged by Mos. Mos is not responsible for fees charged by third parties. To manage risk, we may limit the payment methods available when you make a payment. Fees and limits may change from time to time in our sole discretion.
7.3 Trial Access. If Mos makes access to a paid Service available without charge on a trial basis for a limited period, the agreement between Moster and Mos concerning the trial period and any limitations or restrictions on use of the Service, however documented, will be subject to this Agreement. Any such free trial or other promotion that provides Moster level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire, and any further use of the Service is prohibited unless you pay the applicable subscription fee.
7.4 Premium Financial Aid Service.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a Mos plan and provide Mos information regarding your credit card or other payment instrument. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
8.1 Third Party Content and Links. Content created by parties other than Mos may appear on this Platform, or through links accessible on this Platform or through the Services. Mos is not responsible for and assumes no liability for any such content created by others or posted by others. By using this Platform, you understand that the information and opinions in any non-Mos content represent solely the thoughts of the respective author and are neither endorsed by Mos nor do they necessarily reflect any opinions or beliefs held by Mos. This Platform may include hyperlinks to other platforms maintained or controlled by third parties unrelated to Mos, such as the U.S. Department of Education and fafsa.gov. Mos is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these other platforms. Mos is neither responsible for nor assumes any liability for the content of any platform maintained or controlled by any third party.
8.2 App Stores. You acknowledge and agree that the availability of the Mobile App and the Services is dependent on the third party from whom you received the Mobile App license (for example, the Apple App Store or Google Play) (each, an “App Store”). You acknowledge that the Agreement is between you and Mos and not with the App Store. Mos, not the App Store, is solely responsible for the Platform and Services, including the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). To use the Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Platform or Services, including the Mobile App. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Platform or any Service, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) is a third-party beneficiary of the Agreement and will have the right to enforce it.
8.3 Accessing and Downloading the Mobile App from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) the Agreement is concluded between you and Mos only, and not Apple, and (ii) Mos, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Mos and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mos.
(d) You and Mos acknowledge that, as between Mos and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Mos acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Mos and Apple, Mos, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(f) You and Mos acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
9.1 You acknowledge that you may receive information relating to Mos, its business, products, and services, and related intellectual property (collectively, “Confidential Information”) in connection with your use of the Services. You agree to keep the Confidential Information strictly confidential, not to publish or disclose any Confidential Information to a third party, and only use such information to the extent necessary to exercise your rights under this Agreement. You agree that you will not reproduce the Confidential Information and will hold in confidence and protect the Confidential Information from dissemination to, and use by, any third party. You will use at least a reasonable standard of care in maintaining the confidentiality of the Confidential Information. You agree to restrict access to the Confidential Information to such of your personnel, agents and consultants, if any, who have a have a need to know and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with the terms of this Agreement. You agree that you will not acquire any rights under any patent, copyright, trade secret, or other right, or assert any lien against Mos’s Confidential Information. Your obligations with respect to Confidential Information with continue even after you have stopped using the Services. You agree to destroy or return any Confidential Information at Mos’s request or upon termination or expiration of this Agreement. In the event of any unauthorized disclosure or loss of Confidential Information, you will immediately notify Mos. Notwithstanding the foregoing, you may disclose Mos’s Confidential Information to the extent the disclosure is required by law or by order of a court or governmental agency. However, in such event, you will assist Mos in obtaining a protective order or similar protection to maintain the confidentiality of the Confidential Information to the extent possible. You acknowledge that any breach of this section will cause immediate and irreparable injury to Mos, and in the event of such breach, Mos will have the right to seek and obtain injunctive relief, and to pursue any other remedies available at law or in equity, without being required to show any actual damage or irreparable harm, prove the inadequacy of its legal remedies, or post any bond or other security.
9.2 You agree to not issue press releases relating to Mos or this Agreement, or use any name, trademark, service mark, logo or commercial symbol of Mos or any of Mos’s affiliates for any purposes, including in any brochures, advertisements, client lists or other promotional materials without prior written authorization by Mos in each instance.
10.1 Term. The Agreement commences on the date when you accept the Agreement terms (as described in the preamble above) and remain in full force and effect while you use the Services (thus you may terminate by ceasing your use) unless terminated earlier in accordance with the Agreement.
10.2 Termination for Breach. Either party may terminate the Agreement upon notice if the other party materially breaches the Agreement, provided that (a) such party gives 30 days’ notice to such other party describing the way the Agreement has been breached, and (b) the breach remains uncured during such notice period. Notwithstanding the foregoing, Mos may suspend access to the Service by Moster as described at Section 5.3.
10.3 Effect of Termination or Expiration. Following the termination or expiration of the Agreement, Mos shall delete Your Content to the extent required by applicable data protection laws.
10.4 Survival. Provisions of the Agreement that by their nature are intended to survive, will continue to apply in accordance with their terms including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, indemnity obligations, limitations of liability and the miscellaneous provisions section.
11.1 Authority. Each party represents and warrants that it has the full right and authority to enter, execute, and perform its obligations under the Agreement.
11.2 Moster Warranties. Moster further represents and warrants that: (a) Moster resides in the United States; and (b) it has not previously been suspended or removed from the Service.
11.3 Data Accuracy. Moster understands and accepts Mos does not guarantee the accuracy of information available on the Services.
(a) Service Disclaimer. USER ACCEPTS THE SERVICE “AS IS,” AND ASKMOS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. ASKMOS DOES NOT WARRANT THAT THE SERVICES OR THE INFORMATION OBTAINED THROUGH OR STORED ON THE SERVICES WILL MEET YOUR REQUIREMENTS, IS ACCURATE, CURRENT, FREE OF ERRORS OR OMISSIONS, SECURE, RELIABLE, OR WILL BE UNINTERRUPTED OR ACCESSIBLE AT ANY PARTICULAR TIME. MOS MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
(b) No Warranty. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(c) Beta Products Disclaimer. FROM TIME TO TIME, MOS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
(d) No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT NEITHER MOS NOR ITS AFFILIATES IS LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MOS OR ITS AFFILIATES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, ADVISORS, AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
(e) Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk.
(f) Data Disclaimer. Mos is not responsible or liable for the accuracy of any Your Content. Moster assumes sole responsibility for Moster’s use of this information.
(g) Rewards Disclaimer. THE REWARDS PROGRAM, PROMOTIONS, AND REWARDS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER MOS NOR ITS AGENTS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE REWARDS PROGRAM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) ANY PARTICULAR RESULT OR OUTCOME CAN BE DEFINITIVELY ACHIEVED. MOS IS NOT A PARTY TO AND MAKES NO WARRANTIES REGARDING ANY PURCHASE FROM OR TRANSACTION WITH ANY MERCHANT.
12.1 Indemnification. User shall defend, indemnify, and hold harmless Mos against any third party claim, suit, or proceeding (including resulting liabilities, damages and/or costs (such as, but not limited to, reasonable attorneys’ fees)) (collectively, “Losses”) to the extent arising out of: (a) Your Content; (b) your use of any Service in violation of the Agreement; (c) your violation of any rights of another party, including any other Moster; (d) your violation of any applicable laws, rules or regulations; or (e) your gross negligence or willful misconduct.
12.2 Exclusions. User’s indemnity obligations as set forth in this Section 12 will not extend to any claim, suit, or proceeding for which (a) the indemnified party fails to promptly notify the indemnifying party of the claim, (b) the indemnified party fails to promptly give the indemnifying party sole control over the defense and settlement of the claim, provided that such indemnifying party may not agree without the indemnified party’s consent (not to be unreasonably withheld) to any settlement that imposes any obligations upon or admits any wrongdoing on the part of the indemnified party, or (c) the indemnified party fails to promptly provide the indemnifying party reasonable cooperation in such defense or settlement.
13.1 No Consequential Damages. NEITHER ASKMOS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, SHALL BE LIABLE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE), FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT.
13.2 Dollar Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ASKMOS’S TOTAL LIABILITY FOR ANY MATTERS ARISING OUT OF OR RELATED TO THE AGREEMENT REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE), EXCEED ONE HUNDRED DOLLARS.
13.3 Exclusions. NO LIMITATION OF LIABILITY IN THE AGREEMENT, WHETHER THROUGH THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, A CAP ON THE AMOUNT OF DAMAGES, OR OTHERWISE APPLIES TO EITHER PARTY’S LIABILITY FOR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, DEATH OR PERSONAL INJURY.
13.4 Application. THE LIMITATIONS AND EXCLUSIONS OF THIS SECTION 13 APPLY EVEN IF THE LIABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION 13, THE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER SUCH LAW.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIM BETWEEN YOU AND ASKMOS IS RESOLVED.
14.1 Governing Law and Venue. THE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. THE PROPER VENUE FOR ANY DISPUTES ARISING OUT OF OR RELATING TO ANY OF THE SAME WILL BE THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA.
14.2 Arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator, or panel of arbitrators, instead of a judge or jury. Court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the agreement as a court would. All issues are for the arbitrator to decide, except those issues relating to: (a) arbitrability, (b) the scope or enforceability of the agreement to arbitrate in this Dispute Resolution section, or (c) the interpretation of the paragraph entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought without the posting of a bond), any dispute arising from or relating to the subject matter of the Agreement shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
14.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND ASKMOS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ASKMOS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ASKMOS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.4 Copyright Infringement Complaint Procedures. If you believe that any Content on the Platform or in the Services violates your copyright or another party’s rights, please notify Mos’s copyright agent by email at email@example.com or in writing to Copyright Agent at 660 4th Street, Suite 193, San Francisco, California 94107. We prefer email. Your message must include the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.” Mos will respond to all such notices, including as required by removing the infringing material or disabling links to infringing material. Mos will terminate a user’s access to and use of the Platform if, under appropriate circumstances, the user is determined to be an infringer of the copyrights or other intellectual property rights of Mos or others.
15.1 International Users. The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Mos intends to announce such Services or Content in your country. The Services are controlled and offered by Mos from its facilities in the United States of America. Mos makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
15.2 Changes to the Service. Mos continually strives to improve its products and services, and reserves the right to improve or modify the Service and its features in any manner and at any time, including during the Term, at its sole discretion, provided however that such modifications will not materially reduce the functionality of the Service to User.
15.3 Waiver. A party’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default.
15.4 Interpretation. Use of paragraph headers in the Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.5 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Mos’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Mos may freely assign this agreement.
15.6 Notices and Contact Information. Each party will send notices made pursuant to the Agreement in writing by postal delivery or a reputable international courier service, in either case with all postage and delivery fees pre-paid and a delivery confirmation required, to the address provided for such party on an applicable Plan Purchase Agreement, or to such updated address as the party provides by notice in accordance with this Section. Notice will be deemed given when received by the other party, or when delivery is refused. User questions or communications regarding Mos, the Service, or the Agreement can be sent to firstname.lastname@example.org but will not serve as notice under the Agreement.
15.7 Relationship Between the Parties. Nothing in the Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.
15.8 Force Majeure. To the extent caused by hurricane, earthquake, other natural disaster or act of God, terrorism, war, labor unrest, epidemic, pandemic, general failure of the Internet or of communications systems, or other forces beyond the performing party’s reasonable control (collectively, “Force Majeure”), no delay, failure, or default, other than User’s failure to make payments when due, will constitute a breach of the Agreement. The time for performance shall be extended for a period equal to the duration of the Force Majeure event. The performing party shall use reasonable efforts to minimize the delays, to notify the other party promptly, and to inform the other party of its plans to resume performance.
15.9 Injunctions. Each party agrees that breach of this Agreement would cause the injured irreparable injury for which monetary relief would not provide adequate compensation, and that in addition to any other remedies available, the injured party will be entitled to injunctive relief against such breach or threatened breach, without the necessity of proving actual damages or posting a bond or other security. This Section shall not be taken to limit either party’s right to injunctive relief related to breach of a section of the Agreement not listed in this Section.
15.10 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
15.11 Entire Agreement. The Agreement, together with any other documents expressly incorporated by reference, constitutes the entire and exclusive understanding and agreement between User and Mos regarding User’s use of and access to the Service and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof.
15.12 Concerns. If you have any concerns regarding the above terms and conditions, please contact us at email@example.com with your query. We will do our best to address and resolve your concerns.