Last Updated: January 1st, 2020
Below is an overview of our Terms of Service for our application, which means any website, software, or service we offer identified as “Meetaut”. You should read the complete Terms of Service because this document is our only legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver, or fees that may be applied to our service.
Our Terms of Service contain important information about your legal rights. If you do not agree to our Terms, you should not use our Application.
Summary: You agree to follow some basic rules when using Meetaut’s Application. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules at any time and with, or without, notice.
Meetaut is a software application that enables you and other members to organize offline, real-world recreation and gathering events. The terms “Meetaut,” “we,” “us,” and “our” include Envestis Holding SA, Via S.Balestra 33 – 6900 Lugano Switzerland and our parent, affiliates, or subsidiaries. We use the terms “you” and “your” to mean any person using our Application, and any organization or person using the Application on an organization’s behalf.
We use the word “Application” to mean any website, application, or service offered by Meetaut, including the content we offer and the electronic communications we send. We provide our Application to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with any other associated Guideline. Your use of the Application signifies that you agree to this Agreement. If you are using the Application for an organization, you agree to this Agreement on behalf of that organization and represent you have the authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Application.
We may modify this Agreement from time to time. When we do, we may provide notice to you (without being obliged to do so) by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Application. By continuing to use the Application after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.
You need to be at least 18 years old to use our Application. Meetaut User’s, and not us, control the Content of their events. However, we may remove any Content you post or terminate your account at any time if we judge it inappropriate or violating our Terms.
Our Application is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular portion of our Application may be set by any member who has the ability to moderate or manage that portion of our Application. For example, the eligibility requirements for an event may be set by the Initiators of that event.
We may modify, suspend, or terminate your account or access to the Application if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Meetaut community, or to protect our image or Application. When this happens, we may notify you of the reasons for the modification, suspension, or termination, or simply you won’t be able to access the Application any longer. We also may remove accounts of members who are inactive for an extended period of time. Please email [email protected] if you believe the modification, suspension, or termination has occurred in error.
A member who has the ability to moderate or manage a particular portion of our Application also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Application.
When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current, accurate, and secret. You agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, email us at [email protected]
Subject to your compliance with this Agreement, Meetaut grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Application in order to access and use the services and features that we make available to you.
In principle, we aim at offering most of the services of our Application for free over the longest period of time possible. We give users the possibility to make donations to support our operations and marketing expenses.
If you make a donation online, you represent and warrant that you are authorized to use the payment method you designate via the Application. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of your donation, including any applicable taxes and other charges.
In addition, if you paid your donation through the Meetaut app for iOS, your payment is subject to the Apple Media Services Terms and Conditions, and you will need to submit your request for a refund to Apple. The same conditions may apply for donations made with your Android phone.
You are responsible for the Content that you post to the Application or otherwise provide to Meetaut. We use the word “Content” to mean the information, material, and any other content that you post to the Application or otherwise send to us. Examples of your Content include:
a) The material that Users typically post to the Application, such as information about events, comments, and photos, messages;
b) All feedback, suggestions, and other communications that you send or direct to Meetaut.
By being responsible for your Content, you agree, among other things, that:
You are also informed that most search engines (as Google, Bing, Yahoo, Yandex and similar) can see public areas of the Application. Your Content within these areas, such as the name and location that you provide during registration, and your membership in public events, may appear in search results. Our Application is designed so that search engines cannot see your Content that is within restricted areas of the Application, such as private content.
We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Meetaut and our Application, and to ensure we do not violate any rights you may have in your Content, you hereby grant Meetaut a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Application, even after you cease to be a member of a Meetaut group or of the Application.
This license doesn’t give us ownership of any of your Content. It simply gives us and members the right to use it on or related to the Application. This license continues even if you close your account because it’s necessary for us to operate the Application.
Meetaut has no control over how other members may use information that you provide to them, so you should exercise common sense and good judgment when sharing information with others on our Application.
We require that you follow our policies and guidelines when using our Application. We have no responsibility for Content that anyone posts to our Application.
When you use our Application, we require that you follow our Policies set forth. You also agree to comply with all applicable laws, rules, and regulations, and to not violate or infringe the rights of any third party.
In addition, your access to and use of some areas or features of the Application may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms explicitly before you can access these Application areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Application area or feature, unless otherwise specified in the Additional Terms.
When the Application uses third-party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services. For example, some areas of our Application feature mapping services provided by Google Maps and Google Earth. When you use these mapping services on the Application, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service.
If you do not comply, we may modify, suspend, or terminate your account or access to the Application, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination. Please email [email protected] if you believe the modification, suspension, or termination has occurred in error.
Meetaut does not control the Content of other members. When we become aware of inappropriate Content on our Application, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the content of other members.
Meetaut is not a party to any offline arrangements made through our Application. Meetaut does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. Meetaut makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
We recommend exercising common sense and good judgment when using our Application and interacting with other members, both on our Application and at Meetaut events. If you have a concern regarding other members, you can report it to [email protected].
Our Application contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Application, or any portion of the Application; (b) remove or alter the proprietary notices on the Application; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Application; and (d) rent, lease, resell, distribute, or use the Application for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Application to solicit or collect (i) personal data from others except as necessary for the administration of or participation in n event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). You also represent and warrant that you are not 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 that you are not listed on any U.S. government list of prohibited or restricted parties.
You agree that you will not, either directly or indirectly, (a) extract data from the Application for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Application or its systems.
You agree to use, retain, and otherwise process personal data collected from the Application in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in Meetaut events. Without limitation, you agree to provide notice to individuals about your processing of their personal data, to obtain any necessary consents, and to respond to requests made by individuals as required by applicable law.
You also agree to safeguard such data from unauthorized access or processing. You must delete such personal data once it is no longer strictly necessary for the administration of a Meetaut event or promptly following a request from Meetaut, and you will promptly certify to such deletion.
We constantly engage to improve our Application. This means that we may modify or discontinue portions or all of our Application with or without notice and without liability to you or any third party.
The Application contains links to third party sites and is integrated with various third-party services, applications, and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Application.
To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with any Meetaut’s event. You also agree not to hold other Users responsible for their negligence in connection with their Content, and the Meetaut’s events only (and not us).
You acknowledge that some Meetaut events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.
To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners ( “Meetaut Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a Meetaut event. You also agree, to the full extent permitted by applicable law, to release Initiators from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a Meetaut event. The law in some countries and states do not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Application.
To the full extent permitted by applicable law, you agree to indemnify, defend and hold all Meetaut Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Application, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Meetaut event that violates this Agreement. You agree to promptly notify us of any third-party Claims, cooperate with all Meetaut Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
Our Application is provided to you “as is” and we make no warranties of any kind with respect to our Application. Our liability in connection with the Application is limited to the fees you paid to us in the 12 months preceding the claim or maximum 100€, whichever is greater.
Our Application is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Application, (b) any information, advice, services, or goods obtained through or advertised on our Application or by us, as well as for any information or advice received through any links to other websites or resources provided through our Application, (c) the results that may be obtained from the Application, and (d) the correction of any errors in the Application, (e) any material or data obtained through the use of our Application, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Application. You may have additional rights under the law of the country in which you are based. You agree that the duration of such additional rights will be limited to the full extent permitted by such law.
To the full extent permitted by applicable law, you agree that in NO EVENT shall any Meetaut Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Meetaut Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Application or this Agreement or the inability to use our Application (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Application, (c) your use of our Application or transportation to or from Meetaut events, attendance at Meetaut events, participation in or exclusion from Meetaut Meetings and the actions of you or others at Meetaut events, or (d) any other matter relating to the Application. Our liability to you or any third parties in any circumstance is limited to the greater of 100€ or the value of fees if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you. If you are a member that is based in the EU, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.
If you have a dispute with Meetaut, you agree to try to work it out directly with us first. If we can’t solve the issue amicably, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law or publishing the issue on social media or other mass information services. Claims can only be brought individually, and not as part of a class action. Members based in the European Union may have additional or different rights, as provided by applicable law. Meetaut has no obligation to get involved with any disputes you have with other members, although we may try to facilitate a resolution.
Before making any claim, you and Meetaut agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Application or this Agreement, including your participation in Meetaut events. You or Meetaut may initiate this process by sending written notice according to Section 11.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, you or Meetaut may bring a claim in accordance with this Section 9. Members based in the European Union may have additional or different rights, as provided by applicable law.
The arbitration procedures described in this Section 9.2 applies to all members, except for members who are based in the European Union. Section 9.6 sets out the dispute resolution procedures that apply to members who are based in the European Union.
a. Mandatory Arbitration. Except as set forth in Section 9.3, you agree to submit any claim to an Arbitrator chosen by Meetaut for final and binding arbitration. In arbitration, certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Meetaut are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Meetaut.
b. Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
c. Arbitration Procedures. Either party may commence the arbitration by filing a written demand for arbitration with our chosen Arbitrator, with a copy to the other party according to the notice procedures in Section 11.2. The arbitration will be conducted in accordance with Arbitrator Rules and Procedures that are in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place as required by our chosen Arbitrator. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Arbitrator Rules. The parties will cooperate with the Arbitrator and each other in scheduling the arbitration proceedings. The arbitrator shall follow this Agreement and, to the extent permitted by their Rules, can award costs, fees, and expenses, including attorneys’ fees, to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
You or Meetaut may assert claims, if they qualify, in small claims court in Lugano, Switzerland, only. You or Meetaut may seek injunctive relief from a court of competent jurisdiction in Lugano as necessary to protect the intellectual property rights of you or Meetaut pending the completion of arbitration. Meetaut may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Application operations, or unauthorized use of our Application or intellectual property. Nothing in this Section 9 shall diminish Meetaut’s right to modify, suspend or terminate your account or access to our Application under Section 2.2.
You may decline to resolve disputes through arbitration by emailing us at [email protected] within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your Meetaut account, and a clear statement that you want to opt-out of arbitration. If you opt-out according to this process, then Section 9.2 of this Agreement does not apply to you. This opt-out does not affect any other sections of this Agreement, such as Sections 9.3 (Exceptions), 9.5 (Class Action Waiver), 11.5 (Governing Law), 11.6 (Judicial Forum), and 11.7 (Time for Filing).
You agree to resolve disputes with Meetaut on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.
If you are based in the European Union, the mandatory provisions of the law of the country in which you are resident will apply. Nothing in this Agreement will affect your rights as a consumer to rely on the mandatory provisions of the local law that applies. If you are based in the European Union, the local laws in your European Union Member State may allow you to take legal action against Meetaut in your Member State and to invoke certain local laws against Meetaut. The European Commission provides for an online dispute resolution Application.
If you use Meetaut’s trademark, be sure to follow our Trademark Usage Guidelines. Also, don’t infringe on anyone’s intellectual property. If you believe your intellectual property is being infringed somewhere on the Meetaut Application, please follow the procedures in our Intellectual Property Dispute Policies.
Meetaut trademarks, logos, service marks, and service names are the intellectual property of Meetaut. Our Trademark Usage Guidelines explain how you may and may not use them. Our Application, including our material on the Application, are also our or our licensors’ intellectual property. Except as described in the Trademark Usage Guidelines, you agree not to use our intellectual property without our prior written consent.
Meetaut respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Application to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please review our Intellectual Property Dispute Policies.
This Agreement was written in English. It may have been then translated into other languages. If there is any inconsistency between the English version and a translated version, the English language version prevails.
Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail to Envestis Holding SA Via S.Balestra 10 6900 Lugano, or by email to [email protected]. Any notice to you shall be given to the most current email address in your account.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Meetaut is intended or created by this Agreement. A member of the Meetaut Application is not Meetaut’s representative or agent, and may not enter into an agreement on Meetaut’s behalf.
This Agreement and the relationship between you and Meetaut shall be governed by the laws of Switzerland without regard to its conflict of laws provisions, except as provided in Section 9.
If our agreement to arbitrate is found not to apply to you or your claim, or if you opt-out of arbitration pursuant to Section 9.4, you and Meetaut agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the court of Lugano Switzerland, and you and Meetaut agree to venue and personal jurisdiction in those courts.
If you are based in the European Union, you may bring judicial proceedings against us arising from or in connection with this Agreement in your country of residence. In addition, for members based in the European Union, the European Commission provides for an online dispute resolution Application.
Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law. This clause does not apply to you if you are based in the European Union.
This Agreement is not assignable, transferable, or sublicensable by you except with Meetaut’s prior written consent, but may be assigned or transferred by us to our corporate parent or any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Meetaut’s assets, or similar transaction.
A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Meetaut nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of this Agreement will remain in full force and effect.
If we terminate your account or access to our Application, this Agreement terminates with respect to the member account that has been terminated, provided that the provisions listed in Section will survive such termination.
Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You), 4.3 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), and 11 (General Terms) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement by a member or third party by sending an email to [email protected].