Last updated: June 7, 2020
Please read these Terms and Conditions (the “Terms “) carefully before using the Menta Triage application (the “Application”). By accessing the Application you agree to be bound by these Terms. IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS, YOU MAY NOT ACCESS THE APPLICATION.
Acceptance of these Terms constitutes a license agreement (the “Agreement”) between You and Mauvisoft, a dba of Mauvius Group, Inc., a Delaware corporation with its principle base of business located at 200 First Ave. W. Ste 404, Seattle, Washington 98119, USA (“Mauvisoft”).
The license grants a non-exclusive nontransferable license to use the Application for the purposes set out in its description at mauvisoft.com. Rights granted under this Agreement, including access to the Application, shall not be shared or transferred to any other person or entity.
UPON ACCESSING THE APPLICATION, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, INCLUDING ALL EXHIBITS, ATTACHMENTS AND ADDENDA, AND RELATED AGREEMENTS, IF ANY, AND YOU HAVE HAD AMPLE TIME AND OPPORTUNITY TO CONSULT WITH ADVISORS AND LEGAL COUNSEL OF YOUR OWN CHOOSING ABOUT THE POTENTIAL BENEFITS AND RISKS OF ENTERING INTO THIS AGREEMENT.
I. Menta Triage (the “Application”)
The Application may be offered in iOS or Android. It provides its user with the ability to calculate a class of service of a work item based on service details entered by its user.
The details entered include, but are not limited to, the nature of the value acquisition lifecycle, lifecycle length, desired delivery date, customer expectations, and start date.
The Application can be found in the Apple Store and Google Play Store.
II. Guarantees and Warrantees
- A. Mauvisoft will provide the Application as described at mauvisoft.com.
- B. Mauvisoft expects You to take reasonable care to verify that the Application in question will meet Your needs.
- C. Mauvisoft does not make any representation, guarantee or commitment to You that the Application will be error free.
- D. Mauvisoft does not make any commitment to You that the Application will be compatible with or operate with Your software or hardware.
- E. Any of Mauvisoft’s representations, warranties and/or terms and/or commitments not expressly set out in the Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
- F. Your success using this Application will be largely dependent upon Your ability.
Mauvisoft is expressly disclaims the making of, and You agree that You have not received, any warranty or guarantee, express or implied, as to the potential volume, profits, or success of any business venture for which the Application will be used.
Mauvisoft does not guarantee or assure the success or satisfactory results of such matters Mauvisoft shall not incur any liability or be responsible in any way for any error, omission or failure of whatever nature.
- A. You may terminate this agreement at any time by uninstalling the Application.
- B. Mauvisoft may cancel Your license to use the Application at any time.
- C. Effect of Termination:
1) You will be deleted from the Mauvisoft’s database by an administrator of Mauvisoft.
2) You will not longer have any right to access or use the Application unless or until You re-license the Application through Mauvisoft.
- A. In the event that You purchase a version of the Application from Mauvisoft, you agree to pay the designated price.
- B. If you purchase a version of the Application that is sold and billed on a subscription basis, You agree to pay the subscription price on the recurring basis as described in the purchase agreement.
- C. Under no condition will any refund whatsoever be provided to You upon termination of this Agreement, whether terminated by You or by Mauvisoft.
- A. At all times, Mauvisoft remains the owner of the intellectual property in the Application.
- B. Except as expressly agreed by Mauvisoft, You may not modify, copy, reproduce, republish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Application.
- C. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Application or create derivative works based on the whole of or any part, or which incorporate, the Application into any software program or application.
- D. Access to the Application and uses of the Application not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of Mauvisoft’s copyright or other intellectual property rights.
- E. If You interfere or cause interference with the property of Mauvisoft, You and all responsible parties will be prosecuted to the full extent provided by the laws of the United States of America.
- A. If You purchase or access any product or service made available through Mauvisoft you may be asked to supply certain information relevant to your purchase including, but not limited to, your full name, email address, phone number, and credit card information.
- C. Mauvisoft is GDPR compliant.
- D. If you wish to receive correspondence from Mauvisoft, You may opt in or send a written request to Mauvisoft via email.
- E. In the event that you want to update Your records or data, or do not wish to receive correspondence after opting in, You may opt out of such correspondence and/or send a written request to Mauvisoft via email.
VII. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the United States of America, exclusive of conflict of interest laws. Jurisdiction and venue shall be exclusively in the courts of the state of Washington.
VIII. Limitation of liability
- A. Mauvisoft is not responsible to You for any data that You lose as a result of accessing the Application.
- B. Except as otherwise set out in this section “Limitation of liability,” Mauvisoft’s maximum aggregate liability to You for any claims that You may have against Mauvisoft for direct loss in contract, tort or otherwise arising out of or in connection with the Terms, the Application, Your use of the Application and any technical support shall be limited to the amount of the fees which may have been paid, or are payable, to Mauvisoft by You.
- C. Except as set out in the Terms, Mauvisoft shall not be responsible for losses that result from its failure to comply with the Terms including, but not limited to, losses that fall into the following categories:
1) Indirect or consequential losses;
2) Loss of income or revenue;
3) Loss of business;
4) Loss of anticipated savings; or
5) Loss or corruption of data.
- D. Mauvisoft will not accept any responsibility to any person for the use of the Application for any purpose other than its intended use including, but not limited to, the giving of advice by You to any third party.
- E. This Application or the Mauvisoft Website may contain links to third-party web sites or services that are not owned or controlled by Mauvisoft. Mauvisoft has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any thirdparty websites or services. You further acknowledge and agree that Mauvisoft shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
- A. These Terms and the order confirmation email together constitute the entire Agreement between You and Mauvisoft (the “Agreement”) and supersedes and replaces any other terms and conditions previously published by Mauvisoft and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by Mauvisoft to You, whether oral, written or otherwise, relating to the subject matter of the Terms.
- B. You acknowledge that You have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by Mauvisoft or on its behalf, which is not set out in the Agreement.
- C. Mauvisoft reserves the right, at its sole discretion, to modify, amend, and/or replace these Terms at any time. If a revision is material Mauvisoft will make a good faith effort to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Mauvisoft’s sole discretion.
- D. No failure or delay by Mauvisoft in exercising any right or remedy under the Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be expressly agreed to by Mauvisoft in writing.
- E. If any of the Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms shall remain in full force and effect.
- F. Each provision in this Agreement shall be construed separately as between You and Mauvisoft. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
- G. Any notices required to be served on You by Mauvisoft under the Terms will be deemed properly served if emailed or posted to the email address or address You have provided to Mauvisoft. Any notices required to be served on Mauvisoft by You will be deemed properly served if sent by email or post to the address set out above.
Technical Support: firstname.lastname@example.org