MAPLE TERMS OF USE AND CONDITIONS

Last Updated: February 10, 2021

Please read the following Terms of Use and Conditions (“Terms”) and our Privacy Policy carefully because they govern your use of, and all content, information, and services hosted on or linked to our Services. Capitalized terms used but not defined herein shall have the respective meanings given to them in the Privacy Policy, which is incorporated herein by reference.

IMPORTANT: THESE TERMS INCLUDE, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.  PLEASE SEE SECTION XIII FOR MORE INFORMATION.

I.              AGREEMENT TO TERMS

By using the Services, you agree that you are legally bound by these Terms, which includes our Privacy Policy. If you object to any provision of these Terms, you may not use our Services.

II.           USE OF Service providerS and OTHER THIRD-PARTY platforms

Certain of our Services integrate platforms from our Service Providers. We have no control over any Service Provider and, in addition to these Terms, your access of, and the collection and use of your personal information on the Services is governed by the terms and conditions and privacy policies of such Service Providers, respectively, the applicable terms of which will be made available to you upon request. The privacy policies and terms and conditions of our Service Providers are incorporated into these Terms and made a part hereof. We recommend that you carefully review the Service Provider’s privacy policies and terms and conditions prior to accessing the Service, as set forth on Annex A.

III.         USE OF THE SERVICES

A. Eligibility

We permit users only age 13 or older to use our Services. In order for you to use the Services, you must be at least 13 years old. By signing up for a user account or by using the Services, you are affirming that you are 13 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of their age. In addition, certain Services may have additional eligibility requirements, as specified on our website or in the App.

B. Registration and Your Information

If you want to use certain features of the Services, such as assigning or accepting tasks from members of your family, you will be required to provide certain of your personal information in order to create an account with Maple (“Account”). You may register for only one Account and your unique Account can be used across our Services.

You agree to provide us with accurate, complete, and up-to-date information for your Account, and to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we may suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you have actual knowledge regarding such activities.

C. Email Communications

By submitting your email address on our Services, you consent to being placed on Maple’s mailing lists and thereby to receiving e-mail correspondence from Maple, including newsletters and Services updates. You may remove your e-mail address from the applicable mailing list at any time by clicking the “unsubscribe” link in an e-mail from Maple. Although Maple will promptly remove your e-mail address from its mailing list, you may still receive any e-mails that are initiated before your e-mail address is removed from the list. You are not able to unsubscribe from administrative or transactional emails.

E. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose your information when you visit our Services or otherwise interact with us.

F. Links to Third-Party Websites or Resources

Our Services may contain links to third-party websites and platforms that are not owned or controlled by Maple, such as those of our business partners. Maple has no control over, and assumes no responsibility for, these websites or platforms (including any content, terms of use, or privacy policies). You follow these links and use such third-party websites and platforms at your own risk.

Any links furnished through our Services are provided to you for your convenience and any inclusion of a third-party link shall in no way be construed as an endorsement by us of the website(s), digital properties, or their content.

If you would like to link to our Services, you may only do so on the basis that you link to, but do not replicate, any portion of our Services, and subject to the following conditions:

a.     You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

b.     You do not misrepresent your relationship with us or present any false information about us;

c.     You do not link from a website that is not owned by you; and

d.     Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, and does not infringe any applicable law in any way.

If you choose to link to our Services in breach of these Terms, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

 

  IV.         CONTENT AND CONTENT RIGHTS

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.

Content Ownership, Responsibility, and Removal

Maple and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

  V.           DISCLAIMERS

THE SERVICES AND ALL CONTENT, INFORMATION, AND PRODUCTS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE RELATING THERETO IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAPLE AND ITS SUCCESSORS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION OR PRODUCTS APPEARING ON THE SERVICES SHALL BE AT YOUR SOLE RISK, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD REGARDING ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ON THE PART OF MAPLE AND ITS AFFILIATES REGARDING THE FUNCTIONING AND USE OF THE SERVICES.

  VI.         LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MAPLE,  ITS SUCCESSORS AND AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCLUDING ANY SUCH DAMAGES RESULTING FROM A CLAIM BY ANY PARTY RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR ANY ASSOCIATED INFORMATION OR PRODUCTS. FURTHERMORE, MAPLE AND ITS SUCCESSORS AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES RELATING TO THE USE OF THIRD-PARTY SITES OR DIGITAL PROPERTIES LINKED TO OR USED BY THE SERVICES. IF, FOR ANY REASON, THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE HELD UNENFORCEABLE OR INAPPLICABLE, THE TOTAL AGGREGATE LIABILITY OF MAPLE TO A USER OF ITS SERVICES SHALL NOT EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00) RESPECTIVELY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. IN SUCH JURISDICTIONS, THE LIABILITY OF MAPLE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

VII.         INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Maple and its successors and affiliates, as well as its officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of Maple and its successors and affiliates, in connection with (1) your use of the Services, (2) your breach of these Terms, (3) your negligent or wrongful conduct, (4) your access to or use of any third-party website or platform linked to or used by the Services, or (5) your violation of these Terms or your violation of any third-party right, including without limitation any trademark, copyright, or other proprietary or privacy right. This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms.

VIII.       SITE UPTIME, UPKEEP

The Services are subject to change any time without notice, including to correct any errors or omissions in any portion of the Services. At any time, Maple may terminate, change, or suspend any aspect of the Services, temporarily or permanently, without notice to you. Maple is not obligated to continue to support or update the Services. Maple may impose limits on certain features or services or restrict your access to parts, or all of the Services.  While we will take all reasonable steps to ensure that the Services are available at all times, websites and mobile applications do sometimes encounter downtime due to server and other technical issues. You acknowledge and agree that Maple and its successors and affiliates shall not be liable to you or to any third party in the event that the Services or any part thereof become temporarily or permanently unavailable.

IX.           Amendments TO THE TERMS

Maple may, at any time and in its sole discretion, amend (including by adding or eliminating all or parts of provisions) these Terms, including but not limited to our Privacy Policy (“Amendments”). Amended versions of these Terms will take effect on the date specified for the amended version (“Effective Date”) and will apply to all information that was collected before or after the Effective Date. The amended versions of these Terms shall become effective when they appear in a replacement version of these Terms as posted by us on our website or in the App. By posting the amended Terms to our website or the App, you agree to be bound by these Amendments. You should periodically review the most up-to-date version of these Terms for any changes. USE OF OUR SERVICES AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS. IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION OF THESE TERMS, CEASE ALL USE OF OUR SERVICES.

  X.           ENTIRE AGREEMENT

These Terms, our Privacy Policy, Amendments, and any notices, terms, and items incorporated into any of them, constitute the entire agreement between you and Maple regarding your use of the Services and supersede and replace any prior understandings, whether oral or written, and extinguish all previous drafts, agreements, arrangements, and understandings between you and Maple, whether written or oral, relating to the Services. You shall not have any claim for innocent or negligent misrepresentation based upon any statement in these Terms.

  XI.         ASSIGNMENT

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you.

XII.         COMPLIANCE WITH APPLICABLE LAW AND GOVERNING LAW

We make no representations that the Content or the Services are appropriate or that they may be used or downloaded outside of the United States. Access to the Services may not be legal in certain countries outside of the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Services.

Maple maintains the Services from the United States. Additionally, our Services are subject to United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on our Services as may be required.

Our Services were created and are controlled by Maple in the State of California, United States of America. The Services, and any disputes arising therefrom, shall be construed and interpreted under the laws of the State of California and applicable United States federal laws, without regard for any conflict or choice of law principles thereof.

XIII.         ARBITRATION & CLASS ACTION WAIVER

By agreeing to these Terms, you also agree to arbitrate any and all claims arising out of or relating to these Terms or use of the Services (a “Claim”) pursuant to the Federal Arbitration Act and subject to the terms below. You and Maple agree that we intend that this Section XIII satisfies the “writing” requirement of the Federal Arbitration Act, and further agree that notwithstanding any other provision of the Terms, the Federal Arbitration Act shall govern the interpretation and enforcement of this Section.

In the event of a Claim, you and we agree to binding alternative dispute resolution pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), however titled (“AAA Rules”).

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA RULES.

NO CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE PERMITTED.

All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. The arbitration proceeding will be held in San Francisco, California, unless you elect to proceed with a telephonic hearing or unless you and Maple agree to an alternative location. Maple will pay the initial filing fee for any arbitration, but the parties each shall otherwise bear their respective fees and expenses except as may be provided in the AAA Rules.

For a copy of the AAA Rules, to file a claim or for other information about the AAA, contact AAA, at One Sansome Street, Suite 1600, San Francisco, CA 94104 or at www.adr.org.

All determinations as to the scope, interpretation, enforceability, and validity of these Terms shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

This arbitration provision shall survive the termination of the Services or of these Terms. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

XIV.         TERMINATION

Maple may immediately terminate these Terms or terminate your access to the Services with or without cause, and with or without notice, at any time. Such termination shall take effect immediately, unless Maple provides otherwise in any notice. Upon termination of your Account, your right to use the Services immediately ceases and you acknowledge and agree that Maple may immediately delete any files and data relating to your Account, and bar any further access to such data or to the Services. Maple shall not be liable to you or to any third party for termination of your right to use the Services. In the event of termination of these Terms, the Use Of Service Providers And Other Third-Party Platforms, Content and Content Rights, Disclaimers, Limitation of Liability, Indemnification, Compliance with Applicable Law and Governing Law, and Arbitration & Class Action Waiver sections, and any other section of these Terms that by their nature reasonably should be construed to survive termination, shall, in each case, survive such termination.

XV.         GENERAL

The headings contained in these Terms are for convenience only and are not to be used in interpreting these Terms. The provisions of these Terms are severable. In the event any provision of these Terms shall, in whole or in part, be determined to be void for any reason, the remaining provisions will remain in full force and effect. Maple’s failure or delay in exercising or enforcing any right under these Terms shall not operate as a waiver or relinquishment of any right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.

XVI.         CONTACT INFORMATION

If you have any questions about these Terms or the Services, please contact Maple at maple@growmaple.com.

ANNEX A

Service Provider Privacy Policies and Terms and Conditions

1.     Heroku

a.     Privacy policy

b.     Terms of service

2.     Mailchimp

a.     Privacy policy

b.     Terms of service

3.     Twilio

a.     Privacy policy

b.     Product specific terms:

                                               i.     SFDC services

                                             ii.     Flex Zendesk terms

c.     Frontline terms

4.     Mailgun

a.     Privacy policy

b.     Terms of service

5.     Bugsnag

a.     Privacy policy

b.     Terms of service

6.     PaperTrail

a.     Privacy policy

b.     Terms of service

7.     Librato

a.     Privacy policy

b.     Terms of use

8.     New Relic

a.     General data privacy notice

b.     Terms of service

8.     Stream

a.     General data privacy notice

b.     Terms of service

9.     Amplitude

a.     Privacy notice

b.     Terms of service

10.  Google Analytics

a.     Privacy policy

b.     Terms of service

11.  Facebook

a.     Privacy policy

b.     Terms of service