Warmintro (Warmintro Inc.) Terms Of Use.

Last updated: August 21, 2019
This Terms of Use sets forth the Agreement between you and Warmintro Inc. (“we” or “us”) regarding your use of our web service and mobile applications, specifically including each Warmintro Community you create or join (collectively the “Service”). Please read this Agreement, because it contains important information about your content (you own it!), our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action, and information sharing between Members and Hosts. If you cannot agree, don’t use our Service. 1. Using the Service a. How It Works. Our service enables people to create or participate in a community dedicated to an individual, identity, or interest (a “Community”) for free or for a fee. People who create Communities (“Hosts”) do so to invite in people (“Members”) to connect with each other, to message, and to exchange information and content. Hosts tailor their Community by the Members they invite, the conversations they organize, what they call their Community, and additional branding they may choose to use. b. Who can use Warmintro. You must be at least the age of majority in the state or country where you live to create or participate in a Community. c. Registration. When you set up a profile with Warmintro, you must provide us accurate information. We will treat registration information according to our Privacy Policy. Your name and information will be made available to your Host and other Members. You are responsible for maintaining the confidentiality of your password. d. Privacy. Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining a Community, you are sharing personally identifiable information with your Host, other Members, and us. e. Play Nice. We hope you will take care to keep your interaction with others a positive experience for everyone. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members or Hosts of the Service. You may also submit a complaint or concern about another Member or Host to help@warmintro.ai. f. Termination. You may close your Host or Member account at any time by going to account settings and disabling your account. We may suspend your use of the Service or the Service at any time for any reason, without any notice. We may terminate your account if you violate the Warmintro Acceptable Use Policy or for any other reason. g. Feedback. We welcome your feedback and suggestions about how to improve Warmintro. Submit feedback at feedback@warmintro.ai. By submitting feedback, you agree to grant us the right to use it for free. 2. Your Content Stays Yours: You keep complete ownership of all content, but give us permission to run Warmintro, such that your content shows up, but that’s it. Make sure you have permission to use content that you post on Warmintro. a. Your Content. The Service enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, and engage in discussions with other Members. The Service also allows you, if you are a Host, to create a personalized name for your Warmintro Community (“Your Community Name”). All material that you upload, publish or display to others via a Warmintro is “Your Content.” If you are Host, Your Content includes Your Community Name. Material that a Member uploads, publishes, or displays to others via a Warmintro Community is “User Generated Content”. Your Content, including User Generated Content, does not include Data (defined below). b. You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Service, you grant us a license to show it on your Community, but you and your licensors still own it. In connection with your use of the Service, you hereby grant and will grant Warmintro Inc. and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Service in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make Your Content available to other entities and individuals who partner with us in the delivery of the Service. Only we, your Host and Users who are invited to join that Community will be able to see Your Content that you post on that Community. Warmintro Inc. may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Warmintro Inc., its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. c. Don't Infringe. Do not infringe the intellectual property and personal rights with Your Content. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the Warmintro Communities Acceptable Use Policy or for any other reason. 3. Copyright and Trademark Policies The Warmintro Communities Copyright Policy and Warmintro Communities Trademark Policy are incorporated by reference into this Agreement. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request for takedown of specific material at help@warmintro.ai. 4. Our Content and Materials a. Data. You own Your Content and User Generated Content. Warmintro Inc, collects and stores data about Warmintro Communities, Hosts, and Members (“Data”) in order to run the Service more effectively and efficiently. Our Privacy Policy explains how we do this. b. Our Content and Materials All right, title, and interest in the Service, including the Warmintro Communities buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, third-party web services or third-party content linked to or posted within the Service) (collectively “Our Content and Materials”) are the property of Warmintro Inc. and/or its licensors Copyright ©2019 Warmintro Inc. and/or its licensors. The Warmintro name and logo, the Warmintro mark, the Warmintro logo are trademarks and service marks of Warmintro. We retain all right, title, and interest in and to the Data and Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials or Data without our express written permission. c. Our Licenses to You. Subject to these terms we grant you a limited, non-exclusive license to use and access Our Content and Materials and the Service. If you are a Host, subject to these terms, we also grant you a limited, non-exclusive license to use and access certain Data for the purpose of maximizing Member engagement and facilitating communications. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise. d. No Endorsement or Screening. Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within a Warmintro Community, or the conduct of parties who participate in a Warmintro Community. 5. Rights and Obligations of Hosts a. Contact Information of Members. The name and contact information of Members who register to join a specific Warmintro Community is made available to that Warmintro Community’s Hosts in order to facilitate communications. A Host may use the contact information of Members solely to communicate with a Member for purposes related to the Warmintro Community or the reasonably assumed interests of the Member who has joined the Warmintro Community. In no event may a Host: i) sell contact information of a Member to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the Warmintro Community or the interest of Member who joined the Community. b. Member Data. Hosts are provided access to certain Data, which may be aggregated or personalized, in order to facilitate Member engagement and communications. The Host may not sell or share Data accessible from the Service to third parties. c. Representation and Warranty of Hosts. If you are a Host, it is important for you to respect and honor the trust of Members who join the Warmintro Community you created. If you are a Host, you represent and warrant that, in your communications with Members and handling of Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in Sections 5(a) and 5(b). If you are a Host, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your Warmintro Community will comply with all applicable laws, regulations, and tag guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are a Host with Members in the European Union, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails. d. Takedown Assistance. In the event that a party misdirects a takedown request directly to the Host (within or outside of the Service), the Host will redirect the takedown request directly to help@warmintro.ai within two (2) business days. e. EU Data Processing Addendum. If you are a Host, effective March 25, 2019, this Agreement includes the EU Data Processing Addendum. 6. Integrated Services You may enable various online services like Linkedin to be integrated into your Warmintro Communities Host or Member account or Warmintro Community (“Integrated Services”). For example, you may be able to share or access your Community activity on Integrated Services such as Linkedin. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their providers. By enabling Integrated Services in connection with the Service, you are allowing us to pass to, and receive from, these Integrated Services your login information and other Data for use in connection with the Service and/or the Integrated Services. For more information about the implications of activating these Integrated Services and our use, storage, and disclosure of information related to you and your use of such services within Warmintro Communities (including your friend lists and the like), please see our Privacy Policy. However, please remember that your use of any Integrated Services, and the manner in which any Integrated Services offer or perform their services and collect, use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Service. 7. Payment a. Unless otherwise explicitly agreed by CLIENT and Warmintro (Warmintro) in advance, CLIENT obliges, upon submitting or signing an Order, to conform with Warmintro’s terms of payment as follows. b. No Refund at Termination. If you as a Host terminate your Service, we will not refund any payment for your unused Service. If we terminate your Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Service. If you are a Member and your Host terminates your Service, or you terminate your subscription yourself, your Host will decide whether to provide you with a refund. c. Warmintro Inc. shall only accept wire transfer payments or credit card payments, unless otherwise specifically agreed between parties. By selecting for the credit card payment method, CLIENT hereby authorizes Warmintro Inc. to initiate monthly credit card debit entries for payment if the project period spans a timeframe longer than 1 month. Warmintro Inc. shall assume no responsibility or liability if credit card payment by CLIENT fails, is rejected, disputed, or cannot be processed or accepted by the financial institution in charge. Should either be the case, Warmintro Inc. shall be entitled to reject CLIENT’s application to receive Services and/or may suspend the receipt of Services, including without limitation to the Software until valid payment in full is received. d. Unless otherwise explicitly agreed by Warmintro Inc. and the CLIENT, the CLIENT shall pay Warmintro Inc. a monthly fee for the Services, including but not limited to License costs, Additional Work expenses and any other costs to be borne by the CLIENT as laid out in this Agreement, calculated according to the rates applied by Warmintro Inc.. e. All invoices shall be sent to be paid by CLIENT in advance, with the exception of invoices regarding Additional Work as defined in Article g of these Terms. All payments of invoices shall be made within 15 days of the date of invoice, without extension or set-off, unless otherwise stated in contract or Order confirmation. In the event of failure to pay, the CLIENT shall be in default by operation of law and therefore, an interest at rate of 1.75% per month shall be payable by CLIENT to Warmintro Inc. without further notice of such default. Should such be the case, a part of a month shall be calculated as a month. f. Any judicial and/or extrajudicial costs incurred in the collection of payments due to Warmintro Inc. shall be borne by the CLIENT. g. Payments shall first be set off against the aforementioned costs and interest and shall subsequently be set off against the invoice which is overdue for the longest period of time. h. The amounts due and payable to Warmintro Inc. shall be immediately claimable by operation of law as soon as any of the following occurs: h.1.CLIENT is declared to be in a state of involuntary liquidation; h.2.CLIENT applies for a moratorium of payments; h.3.a petition for a guardianship order has been filed; h.4.an attachment has been levied on CLIENT’s goods or part thereof; h.5.CLIENT’s assets or part thereof are put under administration; h.6.CLIENT loses, wholly or partially, disposition over their assets; h.7.CLIENT is in the process of being wound up or is dissolved, whether in general partnership or as a private limited company. i. If before or during the execution of the Agreement Warmintro Inc. has good reasons to believe that the CLIENT will not or not timely be able to fulfill its payment obligations, Warmintro Inc. shall be entitled, after a warning and a period of grace of 5 business days, to suspend the performance of its obligations until the CLIENT has on request furnished sufficient security therefor. If the CLIENT fails to furnish such security, Warmintro Inc. shall be entitled to terminate the Agreement. The CLIENT shall compensate Warmintro Inc. for all the loss or damage sustained by Warmintro Inc., arising from this suspension or dissolution. j. Each setoff invocation by the CLIENT shall be excluded, unless the setoff invocation refers to a claim against Warmintro Inc. which Warmintro Inc. has unconditionally recognized. 8. Disclaimers and Limitation of Liability PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Warmintro Inc. ENTITIES TO YOU. “Warmintro Inc. ENTITIES” MEANS Warmintro Inc., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW: a. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Warmintro Inc. ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. b. Warmintro Inc. MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, HOST, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. Warmintro Inc. MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY Warmintro NETWORK WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY Warmintro NETWORK, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY Warmintro NETWORK, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE. c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, Warmintro Inc. ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT Warmintro Inc. ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE. d. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. e. WITHOUT LIMITING THE FOREGOING, Warmintro Inc.’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO Warmintro Inc. IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. 9. Indemnification You agree to release, indemnify, and defend Warmintro Inc. Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Hosts or Members of the Service, or iv) or your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. 10. Dispute Resolution, Arbitration, and Class Action Waiver We hope that our customer success team can resolve any issues you may have. However, if that does not work, then both parties agree to resolve any dispute arising out of these terms exclusively by individual, binding arbitration. The term “dispute” is to be given the broadest possible meaning that will be enforced, and will include disputes related to your use of the Service, this Agreement (including the scope of this provision), regardless of whether such disputes are based in contract, tort, statute, fraud, unfair competition, or some other legal theory. Disputes regarding privacy shall be resolved by the mechanisms outlined in our Privacy Policy. The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury. Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to help@warmintro.ai. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below. The American Arbitration Association (AAA) will administer the arbitration, and the arbitration will be governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these terms. Those rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these terms. The arbitration will be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location. The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in Santa Clara County, California, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial. This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies. If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to help@warmintro.ai that includes your actual name and Warmintro Communities user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration. 11. Membership Payments a) Payment processing services for communities on Warmintro are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Community on Warmintro, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Warmintro enabling payment processing services through Stripe, you agree to provide Warmintro accurate and complete information about you and your business, and you authorize Warmintro to share it and transaction information related to your use of the payment processing services provided by Stripe. b) You agree to comply with all applicable laws or regulations, payment network rules (including the Network Rules), agreements with third parties that are binding on you, and this Connected Account Agreement (including the Stripe Services Agreement) when using Services. You are solely responsible for, and Warmintro and Stripe disclaims all liability for, the provision of any goods or services sold to your customers or users as part of your use of Services, and any obligations you may owe to your customers or users. While you may agree to share some liability with the Connect Platform, you are financially liable to Warmintro and Stripe for Disputes, Chargebacks, Refunds, and any fines that arise from your use of the Services. These obligations are described in more detail in Section C of the Stripe Services Agreement. Your Connect Platform may choose to allow you to receive payment processing proceeds via settlement into a bank account connected to your debit card (“Instant Payout”). Your Connect Platform will let you know if there is a fee associated with your use of Instant Payouts. If you elect to use Instant Payouts, Stripe will attempt to settle your payment processing proceeds within minutes of receiving your request. Depending on your bank, it may take up to two business days for your payment processing proceeds to settle via Instant Payouts. We and your Connect Platform reserve the right to change or suspend Instant Payouts to you: (i) due to pending, anticipated, or excessive Disputes, Chargebacks, Refunds, or Reversals; (ii) in the event of suspected or actual fraudulent, illegal or other malicious activity; or (iii) where we are required by Law or court order. 12. General Legal Terms a. Changes to these Terms. We may amend this Agreement (including any policies, such as the Privacy Policy, Warmintro Communities Acceptable Use Policy, Warmintro Communities Copyright Policy , and Warmintro Communities Trademark Policy that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. You can view the Agreement at any time at here. Your failure to cancel your account, or cease use of Warmintro Communities, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of Warmintro Communities. b. Governing Law and Jurisdiction. You agree that Warmintro Communities is operated in the United States and will be deemed to be solely based in California and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Santa Clara County, California and governed by laws of the state of California, without regard to any conflict of law provisions. c. Use Outside of the United States. Warmintro Inc. expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service. d. Export. The Service is controlled and operated from our United States offices in California. Warmintro Communities software is subject to United States export controls. No software for Warmintro Communities may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties. e. Applications and Mobile Devices. If you access the Service through a Warmintro Communities mobile application, you acknowledge that this Agreement is between you and Warmintro Inc. only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. f. Survival. The following provisions will survive expiration or termination of this Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2(b)-(c)(Your Content and Your Responsibilities for Your Content), 4(a)(Data) and 4(b)(Our Content and Materials), Section 5(c)(Representation and Warranty of Hosts), any outstanding payment obligations pursuant to Section 7(Premium Services) and Sections 8-11. g. Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Service is provided by Warmintro Inc., located in San Francisco, California. If you have a question or complaint regarding the Service, please contact Warmintro Inc. at support@warmintro.ai. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. h. Government End Users. Any Warmintro Communities software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement. i. Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns. j. Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. k. Entire Agreement / Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 7. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect. l. Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement. m. Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via help@warmintro.ai. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us. n. Relationship. This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other. o. Waiver. No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision. p. Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement. q. Contact. Feel free to contact us at support@warmintro.ai with any questions about these terms. r. Agreement to Terms. When you use the Service, you agree to the terms of use set forth in this agreement (including the Privacy Policy and Warmintro Communities Acceptable Use Policy), regardless of whether you are a registered user. s. Changes to the Service. We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.