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Last updated: Mar 29, 2023
For purposes of this Collaborator Notice (the “Notice”), the terms “Mural,” “we,” “our” or “us” means Tactivos, Inc., dba Mural, and “you” or “your” mean you, the individual human who is accessing and using the Services. Any capitalized terms that are not defined in this Notice have the meanings assigned to such terms in the “Agreement”(either the Terms of Service or the Main Services Agreement) between Mural and your company or organization, as applicable.
You are an Authorized User of the Services. Your company or organization (our Customer) has authorized you to access and use the Services that they have purchased or licensed from us.
By accessing and using the Services as an Authorized User, you are acknowledging and agreeing to the following:
- You must comply with our Acceptable Use Policy, Copyright Policy, API Policy and other Documentation. If we discover that you have violated any of our policies, we reserve the right to take remedial action, including without limitation the right to suspend or terminate your access to the Services.
- You have read our Privacy Statement, which provides information on how we collect, use, transfer, disclose, and otherwise process information.
- Your user account(s) is/are personal to you and may not be shared with anyone else. You represent and warrant that: (a) you are at least sixteen (16) years of age; (b) you are the intended recipient of an invitation to access and use the Services; (c) you are not in a jurisdiction subject to embargoes or sanctions, you are not listed on any restricted parties lists, and you will not utilize the Services to service, directly or indirectly, a restricted jurisdiction or any person appearing on any restricted parties lists; and (d) the information you are providing to us to create your account(s) is truthful and accurate.
- We own and reserve all rights in the Services and Materials. You are granted a limited, non-exclusive, non-sublicensable, non-transferable right and license to use the Services and Materials only as an Authorized User, and your ability to access and use the Services and Materials will only last for as long as your company or organization continues to be a Mural customer and/or treat you as an Authorized User.
- The scope of your rights to Content that you create or submit to the Services (your “Contributions”) is a matter between you and your company or organization. To the extent you retain any rights to your Contributions, we need a license from you so that our handling of your Contributions does not violate applicable laws, and you hereby grant us a non-exclusive, royalty-free, sub-licensable, revocable and worldwide license to display, perform, copy, distribute, modify and reproduce your Contributions to enable us to provide the Services. (We may need to modify your Contributions to conform to technical requirements for viewing on your computer or mobile device.) This license also applies to Contributions that are submitted through or stored on Integrations.
- You may be invited to participate in Product Research. Participation is completely voluntary. We are not forming a partnership, joint venture, agency, or employment relationship with you by virtue of participating in Product Research. Product Research and all related materials and information are considered Mural Confidential Information. We are under no obligation to generally release the feature or functionality subject to Product Research, or to provide any special maintenance, technical support, or other service or support for Product Research. ALL MATERIALS ASSOCIATED WITH PRODUCT RESEARCH ARE PROVIDED ON AN"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OFANY KIND, EXPRESS OR IMPLIED.
- Mural is not liable for and will not mediate any dispute that arises between you and any other Authorized User or your company or organization. Your company or organization ultimately controls their and your use of the Services, your status as an Authorized User, and all Content, including your Contributions. As between us and your company or organization, you agree that it is solely your company’s or organization’s responsibility to: (a) inform you of any relevant policies, practices, settings or controls with respect to your use of the Services); (b) obtain any necessary rights, permissions or consents from you for your lawful use of the Services; (c) ensure that the processing and any international transfer of your information in connection with the Services is lawful; and (d) respond to and resolve any dispute with you and/or any other Authorized User.
- The Services are intended for use by professionals, businesses and other organizations and are not for general consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully excluded, nothing in this Notice will restrict, exclude or modify any non-excludable, statutory warranties, guarantees, rights or remedies you may have under any such applicable law, and our liability is limited (at our option) to the replacement, repair or resupply of the Services and as set forth below.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD$100), REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION, AND IN NO EVENT SHALL MURAL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE.
- This Notice and all matters arising out of or relating to the same will be governed by the laws of the State of California, without regard to its conflict of law provisions. Your authorized use of the Services and registered Mural account(s) are personal to you; you may not assign your Mural account(s) to any third party, and any attempted assignment or transfer in violation of this provision will be null and void. Nothing in this Notice shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between you and Mural. Our failure to exercise or enforce any right or provision of this Notice shall not operate as a waiver of such right or provision. This Notice operates to the fullest extent permissible by law. In the event any provision of this Notice is held to be invalid or unenforceable, the remaining provisions of this Notice will remain in full force and effect. Section titles are for convenience only and have no legal or contractual effect.
FOR USERS OF APPLE iOS DEVICES
Notwithstanding any other provision within this Notice, the following terms and conditions are applicable to those using a Mural application acquired from the Apple App Store to access the Services on an Apple iOS device (a “Mural iOS App”).
Acknowledgement. You acknowledge that Apple is not a party to the agreements between Mural and your Workspace Owner. Mural, not Apple, is solely responsible for the Mural iOS App. You further acknowledge that the Mural iOS App may not be used in any manner inconsistent with the Apple Media Services Terms and Conditions. You further acknowledge that you will comply with any applicable third-party terms or policies (e.g., those of any Integration you have elected to use) when you access the Services through a Mural iOS App.
Scope of License. You are granted a non-transferable license to use the Mural iOS App on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions.
Maintenance and Support. We are solely responsible for providing any maintenance or support for the Mural iOS App, as specified in this Notice or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Mural iOS App.
Warranty. As stated above in the Acknowledgement, the Services (including the Mural iOS App) are provided warranty free, on an “as is” and “as available” basis. To the extent any warranty (whether express or implied) is not effectively disclaimed, we are solely responsible. In the event of any failure of a Mural iOS App to conform to any such warranty, you may notify Apple, and Apple will refund the purchase price for such Mural iOS App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mural iOS App.
Product Claims. Apple is not responsible for addressing any claims by you or any third party relating to a Mural iOS App or your possession and/or use of the Mural iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the Mural iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple’s liability is limited so far as permitted by applicable law.
Intellectual Property Rights. Apple is not responsible for any third party claim that a Mural iOS App or your possession and use of a Mural iOS App infringes that third party’s intellectual property rights.
Third Party Beneficiary. You acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce these additional Apple terms against you as a third party beneficiary of these additional Apple terms.