Terms of Service

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Terms of Service

Posted: July 16, 2021

Effective: July 16, 2021

These Terms of Service (the "Terms of Service", “Terms”, or "Agreement") apply to your access and use of the Mungbean application, or the websites and other products and services (collectively, our “Services”) provided by Mungbean Labs, LLC (the “Company”, “we”, "us", or "our"). By downloading and/or using the Company’s application(s), or by accessing the Company's website(s), or otherwise using our Services, you agree to bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

Description of Services

Mungbean, stylized "mungbean" (the "Application") is a location based social network software application, and is wholly owned and operated by the Company. The Company's websites include "mungbean.io", "mungbean.co", and "atfchat.com".

Acceptance of Terms

Your use of the Services is subject exclusively to these Terms of Service. You will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service. By using the Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms of Service you must immediately stop using the Services and delete the Application. Your ability to use the Services may be terminated by the Company at any time and for any reason. The Company reserves the right to refuse the use of the Services to anyone, for any reason.

The Services are related to a location based social network, and as such, information (including, but not limited to, your name, username, location, and other profile information) may be made available to other users. Although we make efforts to obscure precise location information, approximate location information may be inferred by other users. The information you share with the Company and/or through the Services may be used by the Company in any way and for any purpose, including (but not limited to) processing, storage, analytics, and transmission to third parties.

Reservation of Rights and Ownership; Third Party Content

The Company reserves all rights related to the Services which are not expressly granted to you in these Terms. You agree not to remove, conceal or otherwise modify any copyright, trademark or other proprietary notice or source identifier contained in or associated with the Services.

We cannot and do not guarantee access to information or other content belonging to any third party which is accessible by you through the Services. The Services may include links to third party websites, or other third party content, that is controlled and maintained by others. This includes content created, posted, or otherwise shared by other users. You acknowledge and agree that we are not responsible in any way for any such third party content.

User Content

Our Services may allow you and other users to create, post, store, upload, and/or share content, including (but not limited to) user profiles, messages, photos, videos, links and other materials (collectively, “User Content”). The Company does not claim ownership of any User Content that you post on or through the Services.

You grant the Company a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information will be visible to the public.

You grant the Company consent to use the User Content, regardless of whether it includes an individual’s name, likeness, voice or persona, sufficient to indicate the individual’s identity. By using the Services, you agree that the User Content may be used for commercial purposes. You further acknowledge that the Company’s use of the User Content for commercial purposes will not result in any injury to you or to any person you authorized to act on its behalf. You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the Company may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.

You may not create, post, store, upload, and/or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. We may delete, hide, or remove User Content at any time and for any reason. We reserve the right to restrict or terminate your access to the Services, and/or to your account and/or data, for any reason. We reserve the right delete your account and/or data for any reason.

You may not bring a claim against us for suspending/terminating/deleting/banning or otherwise restricting any user's account/data/User Content, and you agree you will not bring such a claim, and forfeit all rights to such a claim. If you try to bring such a claim, you are responsible for the damages caused to us, including attorneys fees and costs.

You agree to follow any of the Services' administrator's or moderator's instructions. If your account/data/User Content is banned or otherwise restricted, you agree not to create another account to circumvent the restriction.

In order to cooperate with legitimate governmental requests, subpoenas, or court orders; to protect the Company's systems and customers; or to ensure the integrity and operation of the Company’s operations and systems; the Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g., name, email address, etc.), IP addresses, user activity, usage history, location information, and posted User Content.

Prohibited Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and the Company;
Develop or use any third-party applications that interact with our Services without our prior written consent
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store, upload or share any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent, including (but not limited to) names, addresses, phone numbers, email addresses, or location information;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that violates the previous subsections herein, or that may expose the Company, its users, or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

No Location Spoofing

In order to ensure the integrity of the location-based chat rooms, location spoofing is not allowed. You agree that you will not spoof your location information unless explicitly allowed to by the Company. We may delete (including all of your User Content), ban, or otherwise restrict your account for violation of this term.

Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit to the Company (collectively, “Feedback”), is non-confidential and will become the sole property of the Company. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

No Other Use

In using the Services you agree that its use will be limited to your personal, non-commercial use. None of the Services' content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the Company. You agree to have no economic relationship between you or any other user of the Service.

You agree not to reverse engineer, analyze, or inspect the components or code contained within the Application or the other Services. You agree not to intercept, inspect, nor modify any network communications to, from, or within the Application or the other Services.

Termination

If you fail to comply with any of the provisions of these Terms, you may no longer use the Services and you shall permanently delete all copies of the Application from your device or which otherwise are then in your possession.

Disclaimers and Limitation of Liability

The Services (including without limitation the Application and the Company's websites) are provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, reliability, safety, lack of viruses, lack of negligence, or that the Services will perform in any particular fashion or produce any particular result. Your use of the Services is at your own risk. The Company is also not responsible for any provision of support or any other services, or the failure to provide support or any other services, in connection with or related to the Services. Neither the Company nor any parent, subsidiary, or affiliated entity of the Company, nor any of their principals, owners, shareholders, directors, members, managers, licensors, suppliers, employees, contractors, agents or representatives (collectively, the "Company Parties") shall be liable for any damages that you or any third party may suffer in connection with or related to your downloading, installing, uninstalling, modifying or otherwise using the Services.

To the maximum extent permitted by law, the Company and Company Parties will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits, confidential information, privacy, personal injury, or any other loss whatsoever) arising out of or related to your use of the Services (or your inability to use the Services) or otherwise in connection with these Terms.

The foregoing shall apply whether such liability arises from any claim based upon contract, warranty, tort (including without limitation negligence), product liability, strict liability, breach of warranty, breach of contract or otherwise, even if the Company or any of the other Company Parties have been advised of the possibility of such damages. Notwithstanding any damages that you might incur for any reason whatsoever involving the Services (including, without limitation, any of the damages referenced herein), the entire liability of the Company and Company Parties collectively, and your exclusive remedy hereunder, shall be limited to one hundredth of one dollar ($0.01). This limitation of liability provision is intended to apply without regard to whether other provisions of these Terms have proven effective. You agree this limitation of liability represents a reasonable allocation of risk and is the basis of the bargain you have obtained by using the Services.

Indemnity

You agree to indemnify and hold the Company and each of the other Company Parties harmless from and against any and all threatened or actual claims, actions, suits and demands and any and all resulting losses, liabilities, damages, expenses and costs, including without limitation reasonable attorneys’ fees and disbursements, which arise in connection with or which are related to (a) your breach of these Terms, including without limitation your use of the Services in any manner not expressly permitted hereunder, or (b) your negligence or misconduct, or (c) your violation of any law or regulation, or (d) your use of the Services. You agree to be wholly responsible for any damages caused, directly or indirectly, arising from your use of the Services.

Release

To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, however and whenever, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles 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 are voluntarily using the Services. You understand that there are risks, such as physical and/or psychological injury, emotional distress, pain, suffering, illness, reputational damage, or monetary or economic damage, which may occur from your use of the Services. You assume all related risks, whether known or unknown, of your use of the Services.

Severability

In the event that a court of competent jurisdiction finds any term or clause in these Terms of Service to be invalid, unenforceable, or illegal, the same will not have an impact on other terms or clauses in these Terms of Service or the entire Terms of Service. However, such a term or clause shall be revised to the extent required according to the opinion of the court to render these Terms of Service enforceable or valid, and the rights and responsibilities of the parties shall be interpreted and enforced accordingly, so as to preserve their agreement and intent to the fullest possible extent.

Children

By using the Services, you certify that you are above 17 years of age. The Services are not marketed to children. If you are a minor, you must have permission from your parents/legal guardian to use the Service, and your parents/legal guardian agree to these Terms of Service.

Privacy

Our publicly accessible Privacy Policy is hereby incorporated by reference and made part of this Agreement. To view our Privacy Policy, click here. By using our Services, you consent to the collection, transfer, storage and any other use by us of your information in accordance with the Privacy Policy.

While we make efforts to ensure your data does not fall into the wrong hands, we make no guarantees about the security/privacy of your data, and you understand that any of your information/content may be made public. As the Services are intended to be a public forum of sorts, most of the data that you submit, upload or share to the Services are publicly available to other users.

Our Service Providers include Firebase (a division of Google LLC) and Google LLC. Your data is shared with these companies, and these companies may in turn share your data with their subprocessors. A list of Firebase's subprocessors can be found here, and Google's subprocessors can be found here. These companies primarily provide cloud infrastructure, advertising, and analytics services. Please refer to the Privacy Policy for further information.

Governing Law; Arbitration; No Class Claims; Timely Filing of Claims

These Terms of Service shall be governed by and construed in accordance with the law of the United States and you hereby submit to the exclusive jurisdiction of the the United States courts.

We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting legal@mungbean.io. We will try to resolve the dispute informally by contacting you via email or other appropriate contact method. If a dispute is not resolved within 90 days of submission, you or the Company may bring a formal proceeding.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration and governing law shall be chosen exclusively by the Company. The petitioning party shall fully bear the costs of the arbitration fees, including (but not limited to) compensation for the arbitrators(s), administrative charges and deposits. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. You shall pay for your own legal costs and expenses involved in any such arbitration, including without limitation reasonable attorneys’ fees, and we shall pay for all of our such costs and expenses, unless the matter being arbitrated involves your breach of any of the provisions of these Terms, or unless the arbitrator determines that your claim is frivolous, in which case you shall pay both for your as well as for our legal costs and expenses including without limitation reasonable attorneys’ fees and costs of arbitration incurred by us in pursuing such a claim. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

No arbitration or claim under this agreement shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. You agree that regardless of any statute or law to the contrary, any claim, suit, or action that you may have against any of the Company and/or Company Parties arising under or related to these Terms must be brought by you pursuant to this section and within one (1) year after the date on which the event underlying such claim occurred or is alleged to have occurred.

Exceptions to Agreement to Arbitrate

The Company may assert claims against you in any United States county or other jurisdiction. The Company may bring a lawsuit for any reason, including without limitation for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

Copyright Complaints

We have a policy of removing content from, limiting access to our Services, and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify the Company’s Designated Agent as follows:

Designated Agent: Copyright Manager

Address: Mungbean Labs, LLC, 68 Woodrow St, Daly City, CA 94014

Phone: 415-349-0582

Email: legal@mungbean.io

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to the Company for certain costs and damages.

Changes

These Terms of Service may be updated from time to time. If we make changes, we will post the updated Terms of Service and update the "Posted" date above.

We may also attempt to notify you by sending an email notification or text message to the contact information associated with your account (if any) and/or by sending an in-Application message or notification, and/or otherwise providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services, and you shall permanently delete all copies of the Application from your device or which otherwise are then in your possession.

Electronic Communications

By accessing or using the Services, you also consent to receive electronic communications from the Company (e.g., via email, a message in the Application, a text message, or by a notice on our Services). These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Miscellaneous

These Terms of Service constitute the entire agreement between you and the Company relating to the Services, and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by these Terms. To the extent the terms of any of the Company's policies or programs conflict with the provisions of these Terms, the provisions of these Terms shall control. If any provision of these Terms are held to be void, invalid, unenforceable or illegal, such provision shall be modified by the arbitrator to most closely resemble the intent of the Company and all other provisions of these Terms shall continue in full force and effect. The failure of the Company at any time to require performance by you of any provision of these Terms shall in no way affect the Company’s right to enforce such provisions, nor shall the waiver by the Company of any breach of any provision of these Terms be taken or held to be a waiver of any further breach of the same provision.