Terms of Service

Welcome to Mizh.

1. Agreement between User and Mizh


Mizh LLC provides productivity tools including mobile applications. 

These Terms govern your use of the Mizh app, website, and the other technologies, products, and services Mizh LLC offers (generally, Mizh, Service, or Products). These Terms and all other documents referenced by them constitute a legally binding agreement between you (“you,” your,” “user”) and Mizh LLC (“we,” “us,” “our). 

Mizh Products are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Mizh constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Mizh Services and features may vary by device, version, and medium. By using our Products, you agree to receive updated versions of the Products and any related third-party software, without further notice or prompting. 


2. Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY USING, INSTALLING, SIGNING IN TO, COPYING OR PURCHASING THE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.


3. Privacy

Your privacy is very important to us. Your use of our Products is subject to Mizh's Privacy Policy. Please review our Privacy Policy, which also governs Mizh and informs users of our data collection practices.


4. Electronic Communications

Visiting or using Mizh or sending emails to Mizh constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and in the Products, satisfy any legal requirement that such communications be in writing.


5. Your Account and Data

If you use Mizh Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, phone, and other devices, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mizh is not responsible for third party access to your account that results from theft or misappropriation of your account. 

Some Mizh Products offer tools for storing content and data. You should not store highly sensitive information, such as passwords, in Mizh Products (or anywhere else online). Mizh strives to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through these Products cannot be guaranteed. Mizh cannot and does not guarantee that your information will be absolutely secure. You provide information to us and store content within Mizh Products at your own risk. 

You are responsible for the security of your account and information you store in your account, and for all activity that occurs through your account on our services.

Mizh and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.


6. Children and Minors

You must be the older of: (i) 18 years, or (ii) the age of majority in the jurisdiction where you reside and from which you use Mizh Services. Mizh does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. 

7. Service Availability 

Some Mizh Products, such as our apps, may require an internet connection for many features to work. Some Mizh Products may be available only on certain mobile device versions or operating systems and versions, or certain features may not be available on your hardware or software. 

We do not warrant that the Products will be compatible with your mobile device, hardware, or software. 

You can discontinue use of our Service at any time by uninstalling our applications or ceasing use of our websites. 

8. App Payment, Cancellations, and Refunds

This section describes payment options for our apps. 

Access to some Mizh Products, or to certain features within our products, may require a purchase or subscription. When reasonably possible, we try to offer a free trial so that you can evaluate our Service prior to purchase. 


For our apps, subscriptions are managed by the third party app store from which you purchased them. Current subscription options can be viewed in the app before you start your trial or subscription. 

For free trials, note that you will be charged automatically unless you cancel your subscription 24 hours before the end of your free trial period. Subscriptions renew automatically, including subscriptions with a free trial period. If you cancel your free trial before it ends, you forfeit the remainder of the free trial. 

Subscriptions renew automatically roughly 24 hours before the current subscription period ends. Since subscriptions are managed by the app store through which you purchase them, go to your app store account settings to cancel your subscription. 

You cannot cancel your current subscription period or get a refund for it. You can cancel your subscription beginning with the next subscription period up to 24 hours before the current period ends. 

Since subscriptions are managed by the third party app store from which you purchase them, we do not manage and cannot offer refunds. You must access your app store’s services to request a refund. We cannot guarantee or determine whether you will receive a refund. 

We reserve the right to modify, terminate, or alter our subscriptions, pricing, and other payment options at any time. 

You may incur fees for downloads or other actions in our Products from your internet provider. These fees are your sole responsibility. 


9. Links to Third Party Sites and Third Party Services

Mizh may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mizh and Mizh is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mizh is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mizh of the site or any association with its operators.

Certain services made available via Mizh are delivered by third party sites and organizations. By using any product, service or functionality originating from the Mizh domain or Products, you hereby acknowledge and consent that Mizh may share such information and data with any third party with whom Mizh has a contractual relationship to provide the requested product, service or functionality on behalf of Mizh users and customers.


10. Intellectual Property

Mizh Products are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Mizh LLC or its subsidiaries, affiliates, and suppliers own intellectual property rights in the Products. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Products including the source code, is the property of Mizh or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

11. No Unlawful or Prohibited Use

You are granted a non-exclusive, non-transferable, revocable license to access and use Mizh Products strictly in accordance with these Terms. You will not copy any part of the Products. As a condition of your use of the Products, you warrant to Mizh that you will not use the Products for any purpose that is unlawful or prohibited by these Terms. You may not use the Products in any manner which could damage, disable, overburden, or impair Mizh or interfere with any other party's use and enjoyment of the Products. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Mizh Products. Any breach or violation of any part of these Terms, as determined in the sole discretion of Mizh, may result in the immediate termination of your Service. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Products. Mizh content is not for resale. Without first obtaining the express written consent of Mizh LLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Products. Your use of the Products does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mizh and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mizh or our licensors except as expressly authorized by these Terms.


12. Restrictions on Alteration

You may not modify the Product or create any derivative work of the Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Products. You may not reproduce the database portion or create any tables or reports relating to the database portion.


13. Your Intellectual Property and Content

We do not claim any intellectual property rights over the Materials you provide to Mizh Products. All Materials you upload to Mizh remain yours. You are responsible for compliance of the Materials with any applicable laws or regulations. By uploading Materials to or creating Materials in Mizh Products, you agree that Mizh can, at any time, review and delete all the Materials submitted to its Service, although Mizh is not obligated to do so.

By submitting your content to Mizh, you represent and warrant that you have all rights, power, and authority necessary to create your Materials and grant Mizh the rights to your Materials described in these Terms, under any applicable local laws, employment contracts, and other rules. You are solely responsible for your Materials, so you may expose yourself to liability if you post or share Materials without the necessary rights. 

You grant Mizh a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, reproduce, save, modify, create derivative works, perform and distribute your Materials on Mizh solely for the purposes of operating, developing, and improving Mizh without compensation or obligation to you. We will not post them publicly, but may use them internally for the purpose of developing and improving Mizh Services. Nothing in these Terms restricts other legal rights Mizh may have to your Materials, for example under other licenses. 


14. Third Party Accounts

You may be able to connect your Mizh account to third party accounts. By connecting your Mizh account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

15. International Users

The Service is controlled, operated and administered by Mizh from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

16. Indemnification

You agree to indemnify, defend and hold harmless Mizh, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Products or Service, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mizh reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mizh in asserting any available defenses.


17. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.


18. Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mizh 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.


19. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MIZH MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MIZH LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS AT ANY TIME.

MIZH LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE PRODUCTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MIZH LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Mizh LLC makes no warranty that the Products will meet your requirements or operate under your specific conditions of use. Mizh LLC makes no warranty that operation of the Products will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. MIZH LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIZH LLC, ITS SUPPLIERS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE PRODUCTS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIZH LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MIZH’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS.


20. Termination 

Mizh reserves the right, in its sole discretion, to terminate this agreement or your access to the Products and the related services or any portion thereof at any time, without notice. 

21. Severability

If at any time any part of these Terms is invalid, illegal, or unenforceable, the other parts of these Terms shall continue to apply. 

22. Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Products. Use of the Products is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mizh as a result of this agreement or use of the Products. Mizh's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mizh's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Products or information provided to or gathered by Mizh with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mizh with respect to the Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mizh with respect to the Products. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


23. Changes to Terms

Mizh reserves the right, in its sole discretion, to change the Terms under which Mizh Products are offered. The most current version of the Terms will supersede all previous versions. Mizh encourages you to periodically review the Terms to stay informed of our updates.


24. Contact Us

Mizh welcomes your questions or comments regarding the Terms: Contact us here.  

These Terms of Service are updated and effective as of March 6, 2021.