TERMS AND CONDITIONS

WELCOME TO THE MAVA SERVICE

Mava designs, develops and operates a software-as-a-service (SaaS) customer service support platform, which is accessible through our website at https://www.dashboard.mava.app (the "Mava App") as well as via third party integrations including, but not limited to Discord, Twitter & Telegram.

INFORMATION ABOUT US

The Mava Service is provided to you by Noosa Labs, Inc. (DBA Mava), a company registered at 5348 Vegas Dr, Las Vegas, NV 89108-2347, United States. If you would like to contact us, please email us at hello@mava.app.

INFORMATION ABOUT YOU

Your privacy is important to us. Please read our Privacy Notice at https://www.mava.app/legal/privacy-policy to understand how we collect, use and share information about you.
Further information about data processing can be found in our Data Security Memorandum.

YOUR RELATIONSHIP WITH US

These terms and conditions (the "Terms and Conditions") set out the terms on which we will provide the Mava Service to you. It is important that you read and understand these Terms and Conditions before using the Mava Service. We will ask you to agree to these Terms and Conditions when you sign up to use the Mava Service. If you do not agree to these Terms and Conditions, please do not use the Mava Service.

INTERPRETATIONS

Subscriber: the community, DAO, company, organisation or another legal entity subscribing for access to and use of the Service.
Administrator: To use the Service, the individual acting on behalf of Subscriber (“Administrator”) must create an account and accept these Terms for and on behalf of the Subscriber. The Administrator must have authority to act on behalf of, and bind, Subscriber to these Terms.
User: employee(s), DAO member(s) agent(s) and/or contractor(s) of Subscriber who from time to time use the Service on behalf, and for the benefit, of Subscriber to provide customer service support to End-customers, including the Administrator.
End-customer: any person who is an existing or prospective customer of the Subscriber and accesses the Service to receive customer service support from the Subscriber, but, for clarification, excluding anyUsers.

ACCESSING THE MAVA SERVICE

In order to use the Mava Service as a User, you will need to connect to the Mava App. You can do this by, connecting an existing third party wallet, such as Metamask or WalletConnect to the Mava App
You are responsible for maintaining the confidentiality of your password and for any activities that occur under your Account.
You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement as a User to access the Mava Service.
End-customers are able to access Mava services via the native Mava web chat, on the subscriber's website/app/dApp/DEX, or via one of our third party integrations, including but not limited to:Discord, Telegram and Twitter.
When Users or End-customers are using Mava, via a third party integration, you must remain in compliance with these Terms, the third party provider’s terms, their Acceptable Use Policy and any applicable law.

SETTING UP OR CONNECTING YOUR CRYPTO WALLET

You will need to set up a new crypto wallet or connect an existing crypto wallet to your account, before using the Mava dashboard.
We do not set up, operate or manage crypto wallets

YOUR RIGHT TO USE THE MAVA SERVICE

The materials and content comprising the Mava Service belong to us or our third-party licensors, and we give you permission to use these materials and content for the sole purpose of using theMava Service in accordance with these Terms and Conditions.
We allow you to use Mava App solely for the purposes of providing customer service support to End-customers in accordance with these Terms and Conditions, and we grant you a non-exclusive, personal, non-transferable licence for this purpose only.
Subscribers agree that its licence of the Service is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by Mava with respect to future functionality or features.
Mava reserves the right to update, delete, disable or prevent access to any Mava Content or a feature of the Service contained within the Service for any reason, at any time and without notice to Subscriber, including in response to:

change in applicable law;
legal advice; or
Mava’s reasonable assessment that Mava Content or a feature of the Service is otherwise no longer appropriate for access and/or use via the Service. Mava may take any of these actions at any time and will try to notify Subscriber beforehand, but this may not always be possible.

Subscriber is responsible for all activities conducted under the Users’ and End-customers’logins on the Service. Subscriber shall (and procure that the Users and End-customer shall) use theService, and at all times act, in compliance with these Terms, the Acceptable Use Policy and applicable law.
Subscriber shall ensure that use of the Service is limited to the Users and End-customers and that Users do not share logins. Subscriber shall notify Mava as soon as a User no longer works for Subscriber and/or if it becomes aware of any unauthorized use of the Service by any person (including any Users and End-customers).

Subscriber’s (including Users’ and End-customers’) use of the Service shall be subject to fair-usage limits as determined by us , and Subscriber shall ensure that the Users and End-customers use theService appropriately and within the Usage Limits. Mava shall notify Subscriber if it determines that any use exceeds, or is likely to exceed, the Usage Limits at any time and Mava shall be entitled to suspend or terminate Subscriber’s, Users’ and/or End-customers’ access to the Service following such notification.
Subscriber acknowledges and agrees that access and use of the Service requires certain minimum requirements (including technical systems requirements) to be met as notified by Mava from time to time.

Subscriber shall maintain appropriate administrative, physical and technical safeguards to protect the security and integrity of the Service.

Any use of the Service in breach of these Terms by Subscriber, Users or End-customers that in Mava’s judgement threatens the security, integrity or availability of the Service, may result inSubscriber’s immediate suspension of the Service; however, Mava will use commercially reasonable endeavours under the circumstances to provide Subscriber with notice and an opportunity to remedy such violation or threat prior to such suspension.

Subscriber agrees, to the extent permitted by law, to indemnify, defend, and hold harmless,Mava, its Affiliates and personnel from and against any and all complaints, charges, claims, damages,losses, costs, liabilities, and expenses (including legal fees) due to, arising out of, or relating in any way to:

its access to or use of the Service and Mava Content, other than in accordance with these Terms;
Subscriber Data, including infringement claims related to Subscriber Data;
its breach of these Terms or any applicable law or regulation by it or any User or End-customer; or
it’s, any User’s or End-customer’s negligence or wilful misconduct.

During the Term, Mava may provide standard support services in relation to the Service.
Unless allowed by these Terms and Conditions and as permitted by the functionality of the Mava Service, you agree:

not to copy any portion of the Mava Service or Mava App;
not to give or sell or otherwise make available any portion of the Mava Service or Mava App to anybody else;
not to change any portion of the Mava Service or Mava App in any way;
not to look for or access the code of any portion of the Mava Service or Mava App that we have not expressly published publicly for general use.

You agree that all confidential information, copyright and other intellectual property rights in the Mava Service and Mava App belong to us or the people who have licenced those rights to us.
You agree that you have no rights in or to any portion of the Mava Service or Mava App other than the right to use it in accordance with these Terms and Conditions.

FEES

You do not currently need to pay us anything to access and use the Mava Service. However,we will start charging in the near future and will seek your explicit consent at that time. We reserve the right to terminate your access to the Mava service if you are unable or unwilling to provide this consent when required in the future.

RULES OF ACCEPTABLE USE

In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Mava Service (the "Rules of Acceptable Use").
When using the Mava Service you must not:

circumvent, disable or otherwise interfere with any security related features of the MavaService;
permit another person to use the Mava Service on your behalf unless such person is authorised by you;
use the Mava Service if we have suspended or banned you from using it;
advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity,fraud or money laundering, or conduct that causes damage or injury to any person or property;
modify, interfere, intercept, disrupt or hack the Mava Service;
misuse the Mava Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Mava Service or the equipment of any other user of the Mava Service;
collect any data from the Mava Service other than in accordance with these Terms andConditions;
use any automated system, including without limitation "robots", "spiders" or "offline readers"to access the Mava Service in a manner that sends more request messages to the Mava Service than a human can reasonably produce in the same period of time.

Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):

immediate, temporary or permanent withdrawal of your right to use the Mava Service;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in paragraph 11.4 are not limited, and we may take any other action we reasonably deem appropriate.

ENDING OUR RELATIONSHIP

If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to the Terms and Conditions or the Mava Service, you must immediately stop using theMava Service.
We may immediately end your use of the Mava Service if you break the Rules of AcceptableUse, any other important rule(s), or terms and conditions we set for accessing and using the Mava Service including these Terms and Conditions.
We may also withdraw the Mava Service as long as we give you reasonable notice that we plan to do this.
If you or we end your use of the Mava Service or we withdraw the Mava Service as described in this section, you will lose any rights you have to use the Mava Service. We will not offer you compensation for any losses you might suffer as a result.
The termination of your use of the Mava Service shall not affect any of your obligations to pay any sums due to us.

Nothing in this paragraph 12 affects any legal rights you may have under the law of the country in which you are resident.

OUR LIABILITY/RESPONSIBILITY TO YOU

We do our best to ensure that the Mava Service itself is of a reasonable standard and quality and matches any descriptions we have provided to you. However, the Mava Service may contain some content owned or developed by third parties, and your use of certain functionalities of the Mava Service requires the Mava Service to interact with services and content provided by third parties (such as your crypto wallet, Discord, Telegram or Twitter). As we do not own or produce such third-party content or services, we cannot be responsible for them in any way. We will not be responsible to you if the Mava Service fails as a result of any error or unavailability of these third-party services or the networks they rely on.
We will do our best to ensure that any elements of the Mava Service that require a connection to the internet will always be available to you. However, due to the nature of the internet and technology, any such features of the Mava Service may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of those features of the Mava Service will always be uninterrupted, without delays, error-free or meet your expectations. We will notify you of any planned outages; however, we may not be able to do this if any outages are caused by circumstances outside of our control.
In any case, we will never be responsible to the Subscriber, Users or End-users for any loss or damage that is not reasonably foreseeable or that is caused by a failure to comply with these Terms andConditions or a failure to take reasonable care when using the Mava Service. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agree to these Terms and Conditions, both we and you knew it might happen.

RESOLVING DISPUTES

If you have a dispute with us relating to the Mava Service, we would welcome the opportunity to try and make things right and resolve the dispute with you ourselves. In the first instance please contact us using the details set out in paragraph 2 of these Terms and Conditions so that we can attempt to resolve the dispute informally through our internal communications handling process.
If you are in the European Economic Area, you may (but are not obliged to) seek resolution of any dispute with us through consumer mediation services. You can do this through the European Online Dispute Resolution (ODR) platform, available at this link: https://ec.europa.eu/consumers/odr/.
In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute through a formal dispute resolution process.
This paragraph does not affect your statutory rights.

CHANGES TO THE MAVA SERVICE

We are constantly updating and improving the Mava Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Mava Service.
In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Mava Service, or feature relating to the Mava Service ("changes to the Mava Service"). These changes to the Mava Service may affect your past activities on the Mava Service and certain features that you use ("Service Elements"). Any changes to the Mava Service could involve your Service Elements being deleted or reset.
You agree that a key characteristic of the Mava Service is that changes to the Mava Service will take place over time and this is an important basis on which we grant you access to the Mava Service.Once we have made changes to the Mava Service, your continued use of the Mava Service will show that you have accepted any changes to the Mava Service. You are always free to stop using the Mava Service.

CHANGES TO THE DOCUMENTS

We may revise these Terms and Conditions from time to time but the most current version will always be at https://mava.app/legal/terms-conditions
Changes will usually occur because of new features being added to the Mava Service,changes in the law or where we need to clarify our position on something.
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU

The current version of the Terms and Conditions contains the only terms and conditions that apply to our relationship with you.
We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Mava Service. If part of the Terms and Conditions cannot be enforced then the remainder of the Terms and Conditions will still apply to our relationship.
If you do not comply with these Terms and Conditions and we do not take action immediately,this does not mean we have given up any right we have and we may still take action in the future.

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or your use of the Mava Service, shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regard to its conflict of law principles. You agree that the state and federal courts located in Clark County, Nevada, shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or your use of the Mava Service.
If you are a consumer resident in the United Kingdom or the European Economic Area, nothing in this section shall deprive you of any mandatory rights you have under the laws of the country in which you are resident, including (where applicable) your right to bring proceedings in the courts of that country and to have those proceedings governed by the applicable consumer protection laws of that country.
If you are resident in Scotland or Northern Ireland, you may also bring proceedings in the Scottish or Northern Irish courts, respectively.

CONTACT, FEEDBACK AND COMPLAINTS

We value hearing from our users, and are always interested in learning about ways we can improve the Mava Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.