Last updated: October 3, 2018 (first version)
For any questions or concerns, please contact us at: contact at mimyr.com
This EZINTEG LLC Agreement (the "Agreement") is an agreement between EZINTEG LLC ("EZINTEG", "Mimyr", "we", "us", "our") and you or the entity you represent ("you", "your") and contains the terms and conditions that govern your access and use of the Services (as defined below).
By using the Services, you agree to comply with all of the terms and conditions in this Agreement.
You also represent to us that you have legal authority to use both the email address and forms of payment you elect to use with and for the Services.
If you are entering into this Agreement on behalf of an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity to the Agreement.The term of this Agreement will commence on the Effective Date and will remain in effect until terminated per the Agreement.
After Termination, all sections of this Agreement will continue to apply in accordance with their terms.
The Services consist of the Mimyr website, Payment Services for you to pre-pay and add to your balance, and News and Blog Services for you to submit configurations of news or/and blogs, receive news by email, view blogs. Services also include the infrastructure and underlying services needed to support the above, including hosting your blogs.
The current cost of the Services is null but this may change shortly.
If you use another currency than the US$ to pay for the Services, EZINTEG is not responsible for fluctuations of currencies and the impact it may have on the effective cost that is presented to you in your currency when you make payments as well as the amount variations when you get refunds. You are responsible for the cost due to currency conversions.
EZINTEG does not currently add taxes, e.g., sales taxes, to current transaction cost but this may change in the future depending on regulations.
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
It is your responsibility to check the Mimyr website regularly for modifications to this Agreement. In some cases we may notify you of the occurrence of posted changes by emailing you or by putting a note on the main page of the website.
The two most recent dates of modification of the Agreement are listed at the top of the document.
By continuing to use the Services after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms.
We may change or discontinue any or all of the Services at any time, or change or remove functionality of/from any or all of the Services at any time, or change the cost of the Services at any time. Changes are effective at the time we make them.
Although we will try and notify you of any breaking material change in advance, you agree that you have no right to require such action from us.
If we discontinue all Services, you are entitled to the refund of the unused balance and we will notify you before termination for you to retrieve the unused funds.
You represent to us that if you are not satisfied with the Services or/and this Agreement in any regard, or with any changes brought to the Services or the Agreement, or with any termination of Services, you will not use any other means except for asking for a refund of the unused balance and discontinuing the use of the Services.
At any point in time you can email us your request to terminate the Agreement from the email address associated with your balance. We will then emit a refund of the unused balance, subject to the other sections of this Agreement, and will confirm termination of this Agreement within 7 business days.
Money that you provide to us through the third-party payment service when you create or add to your balance is held as a balance bound to your email address. Your balance is held in US$.
You can ask at any time for a refund of your unused balance and decide to use the Services again, subject to the other terms of the Agreement.
Upon your asking us to refund your unused balance by emailing us from the email address associated to your balance, we will emit such refund through the Payment Service, subject to the other terms of the Agreement, within 7 business days. Please note that longer processing times may occur thereafter through the third-party payment service or/and your credit card company service.
In certain cases, we may not be able to refund your unused balance, including:
We may from time to time give a customer credit. It is at our discretion whether the customer credit is refundable when you ask for a refund of your unused balance. For example, initial customer credits to try out the Services are non-refundable.
If you do not use the Services for a duration longer than 180 days and have an unused balance, you represent to us and agree that you will forfeit this balance and the related funds, that EZINTEG may take possession of these funds and delete your balance and related information, and that this Agreement is terminated. You will however still be liable for all obligations to the third-party payment service and to the clauses of this Agreement.
If you notice an error, we ask that you contact us to let us know as soon as possible, and we will do our best to remediate to the situation as soon as possible as well, for instance in the case where your balance was not updated in a timely manner after a payment through the Payment Services and you were not able to use the Services soon after.
Communication through the Mimyr websites, Payment Services and Services is accepted if going through a secure transport. It is your responsibility to ensure secure transport is used when you use the Services.
Your method of payment such as your credit card number is not communicated to us by the third-party payment service. Your invoice and payment confirmation documents are.
The invoices and payment confirmation documents are stored by Paypal, and their information along with your email and the information you provide directly to us for the Services are stored by us in US Regions using AWS Services.
You consent to the storage of such information by Paypal, and to the transfer and storage of such information into the AWS US regions, and to our and our systems using such information to perform the Services and other supporting services, including balance maintenance, troubleshooting and administrative and tax processing.
Information you provide to us and through and to the payment service are stored in the United States and hence may be stored outside the country where you reside. By using the Services, you provide your consent.
You acknowledge that all information your provide directly to us is public, to the exception of your email address and may appear on a public website, for instance if you choose the blog option of our Services.
In addition, as you access the Mimyr websites, the IP address of the machine you use for access is stored on AWS US regions, and will be used only to investigate who is accessing the website, e.g., for security breach, and not to track your location.
You have the right to ask us which information we hold about you.
We do not own any of the files and documents you submit to us. Except as provided in this Section, we obtain no rights under this Agreement from you (or your licensors) to the files and documents you submit to us.
By submitting files and documents to us, you consent to our use of your files and documents and your information to provide the Services to you or the employees of your organization, and you grant us and the third-party services we are using in order to perform the Services a world-wide, royalty free and non-exclusive license(s) on these files and documents for us to perform the processing through the Services you elect to use. An example of such documents are images to include in your blog, or blog entries you submit to us.
You agree that once information is hosted by us it becomes public and we may keep it for an undefined amount of time, at our discretion. Even if you ask us to delete your entries from our hosting system, you agree that we may keep them as information reflecting past data.
You elect and are responsible for the information, files and documents you submit to EZINTEG, and you agree and represent that EZINTEG has no responsibility in such election and submission. You will ensure that the information you provide to EZINTEG will not violate any applicable law.
We have the right to terminate this Agreement at any point in time for any reason. If we terminate your use of the Services for any reason, this Agreement is immediately terminated. If there is no breach of the Agreement from you, we will notify you of our actions and make any unrestricted funds held in your balance available for refund.
If we believe that you have engaged in any activities that we consider are compromising for or may compromise EZINTEG Services or this Agreement, we reserve the right to immediately terminate and block your use of the Services or/and balance without notice nor communication of proof to you. We may also contact impacted third party services or law enforcement about your actions, update inaccurate information you provided us, take legal action against you.
If you have violated our Agreement, then you’re also responsible for damages to EZINTEG caused by your violation of this Agreement, and for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services pre and post-termination. You agree to reimburse EZINTEG or a third party for any and all such liability.
Examples of compromising activities are as follows: you are having an issue with the third-party payment service or any other third-party service we are using; you pose a security risk for us or any third-party; you encounter repeated and similar processing issues due to your submitted content, and you continue submitting such patterns of content despite our communications of the matter to you; you have breached this Agreement or any other agreement between you and the third-party services; you have infringed EZINTEG's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights or rights of privacy; you have provided false, inaccurate or misleading information; you have refused to cooperate in an investigation or provide confirmation of your identity or any information you provided to us that is necessary or required; you have taken actions that impose an unreasonable or disproportionately large load on our website, software, systems (including any networks, servers and third-party services used to provide any of the Services) operated by us or on our behalf, for instance by but not limited to submitting large numbers of files or file sizes such that we may consider your usage of the Services to be a Denial of Service attack, whether we can prove it or not; you have kept making payments and asking for refunds repeatedly; you are using several email addresses to further benefit from free trials and credits.
All right, title and interest in and to the EZINTEG Mimyr websites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of EZINTEG and its licensors.
If you provide any suggestions for improvements for the Services or suggestions for new services to us or our third-party services, we and our third-party services will be entitled to use the suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the suggestions.
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding refunds from your balance. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your balance. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.
You agree to defend, indemnify and hold harmless EZINTEG, our third-party services and licensors, and each of our and their respective employees, officers, directors and representatives, from any claim or demand and against any losses (including attorneys’ fees) made or incurred by any third party due to or arising out of a) your breach of this Agreement, b) your improper use of the EZINTEG Services, c) your violation of any law or the rights of a third party, and/or d) the actions or inactions of any third party to whom you grant permissions to use the Services or access our websites, software, systems (including any networks, servers and third-party services used to provide any of the Services) operated by us or on our behalf, or any of the EZINTEG services on your behalf.
You will defend EZINTEG, third-party services and licensors, and each of our and their respective employees, officers, directors and representatives, against any third-party claim alleging that any of your information submitted to EZINTEG infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims at our hourly rate of US$250/hr.
WE AND OUR THIRD-PARTY SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, REPUTATION, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH, IN PARTICULAR: (A) YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES IN RELATION TO THE SERVICES; (B) YOUR INABILITY TO USE THE SERVICES OR THIRD-PARTY SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR THIRD-PARTY SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, (III) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICES, (IV) GLITCHES, BUGS, ERRORS OR INACCURACIES OF ANY KIND AS THEY RELATE TO THE SERVICES OR THIRD-PARTY SERVICES, (V) CHANGES TO THIS AGREEMENT OR THIRD-PARTY SERVICES AGREEMENTS, (VI) CONTENT, ACTIONS OR INACTIONS OF THIRD-PARTIES, OR, (VII) ANY UNANTICIPATED OR SCHEDULED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES OR THIRD-PARTY SERVICES FOR ANY REASON; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (D) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR THIRD-PARTY SERVICES AS THEY RELATE TO THE SERVICES; OR (E) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR INFORMATION, FILES AND DOCUMENTS OR OTHER DATA AS THEY RELATE TO THE SERVICES. IN ANY CASE, OUR AND OUR THIRD-PARTY SERVICE PROVIDERS’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE USED PORTION OF THE BALANCE YOU ACTUALLY PAID US AND USED UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 2 MONTHS BEFORE THE LIABILITY AROSE.
EZINTEG MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES FOR ANY PURPOSE. EZINTEG services are provided “as-is” and without any representation or warranty, whether express, implied, statutory or otherwise. EZINTEG specifically disclaims any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
EZINTEG does not guarantee continuous, uninterrupted, error-free, or secure access to any part of the EZINTEG Services (including any networks, servers and third-party services used to provide any of the Services), that the Services (including any networks, servers and third-party services used to provide any of the Services) are free of viruses or other harmful components, that no content will be lost or altered, and that defects will be corrected.
You specifically agree that EZINTEG shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services. You specifically agree that EZINTEG is not responsible or liable for any infringement of another party's rights, including intellectual property rights. You specifically agree that EZINTEG is not responsible for any content sent using and/or included in the Services by any third party.
Without limiting this section or your obligations under this Agreement, we will implement reasonable and appropriate measures designed to help secure the files, documents and information you submit to us through the Services against accidental or unlawful loss, access or disclosure, and to try and provide error-free, reliable and available services.
If you have a dispute with any other EZINTEG user, you release EZINTEG from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You and EZINTEG each agree that any and all disputes or claims that have arisen or may arise between you and EZINTEG, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. You agree that any relief awarded cannot affect other EZINTEG customers.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this Agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org.
Any invalid or unenforceable portions of this Agreement will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
All communications and notices made or given pursuant to this Agreement must be in the English language.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Washington in the United States will govern this Agreement and any claim or dispute that has arisen or may arise between you and EZINTEG.
Our relationship with you under this Agreement is as a service provider, and EZINTEG is an independent contractor for all purposes. EZINTEG is not your agent or trustee. You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.
EZINTEG reserves the right to assign its rights and responsibilities under this Agreement to any third party.