Terms of Service

1. Introduction

Matium Inc. provides software hosted on https://matium.io or https://app.matium.io. This Terms of Services Agreement ("Terms") is a legal agreement between Matium, Inc. ("Matium", "us", or "we") and the entity or person ("you", "your", or "user") who registered on the Matium Account page to receive certain payment processing, data, technology and other business services that may be offered by Matium and its affiliates (each, a "Service"). This Agreement describes the terms and conditions that apply to your use of the Services. If you do not understand any of the terms of this Agreement, please contact us before using the Services.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://matium.io/privacy. Unless otherwise defined in these Terms, the terminology used in this Agreement have the same meanings as in our Privacy Policy.

Your agreement with us includes these Terms and our Privacy Policy (collectively, "Agreements"). You acknowledge that you have read and understood these Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) these Agreements, then you may not use the Service, but please let us know by emailing at contact@matium.io so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

BY CLICKING THE ACCEPT BUTTON BELOW, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE WEB PAGES, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT CLICK THE ACCEPT BUTTON, INSTALL, DOWNLOAD, OR USE THE WEB PAGES. IF YOU CLICK THE ACCEPT BUTTON OR INSTALL, DOWNLOAD OR USE THE WEB PAGES, THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT ARE FULLY ACCEPTED BY YOU.

If you agree to these Terms on behalf of an organization, you hereby represent to us that you are authorized to accept these terms on its behalf.

IF YOU DO NOT ACCEPT THE TERMS OF THIS TERMS OF SERVICE, CLICK THE "DECLINE" AND DO NOT INSTALL, DOWNLOAD OR USE THE WEB PAGES.

Thank you for being responsible.

2. Communications

You may create a Matium account for you and/or your business that gives you access to many Matium products and services ("Account"). You are able to create an Account at https://matium.io. By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at contact@matium.io.

3. Purchases

If you wish to purchase any product or service made available by Matium through its website or mobile application (a "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, bank routing number, bank account number, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you agree that you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, errors in your order, and for other commercially justifiable reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through our Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules that we post in connection with each Promotion as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

5. Subscriptions

Some parts of our Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or annual basis determined by the selection you make when selecting your Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Matium cancels it. You may cancel your Subscription renewal either through your online Account admin page or by contacting Matium's customer support team at contact@matium.io.

A valid payment method, including credit cards, ACH, or wire transfer, is required to process the payment for your Subscription. You shall provide Matium with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Matium Inc. to charge all Subscription fees incurred through your Account to any such payment instruments.

Should automatic billing fail to occur for any reason, Matium Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

6. Free Trial

Matium may, at its sole discretion, offer a Subscription with a free trial for a limited period ("Free Trial").

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Matium until the Free Trial has expired. On the last day of the Free Trial period, unless you have previously cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Matium Inc. reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

7. Fee Changes

Matium, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Matium Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds

Except when required by law, paid Subscription fees are non-refundable.

9. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for all Content that you post on or through our Service, including its legality, reliability, and appropriateness.  By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Content on or through our Service, you grant to Matium, Inc. a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Content to access, use, store, copy, modify, prepare derivative works from, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote our Service, in any media or platform, now known or later developed.

By posting Content on or through the Service, you represent and warrant that: (i) the posted Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service as well as all data and analytics derived from Content and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service.

Matium Inc. has the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (including, without limitation, information concerning Content and data derived therefrom), and we will be free to (i) use such information and data to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

In addition, Content found on or through this Service are the property of Matium Inc. or used with permission. Other than the Content that you own or have the right to use, you may not distribute, modify, transmit, reuse, download, repost, copy, or use any other Content, whether in whole or in part, for commercial purposes or for personal gain, without express, advance, written permission from Matium.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

a.) In any way that violates any applicable national or international law or regulation.

b.) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

c.) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.

d.) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

e.) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

f.) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

a.) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service;

b.) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;

c.) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;

d.) Use any device, software, or routine that interferes with the proper working of the Service;

e.) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

f.) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;

g.) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack;

h.) Take any action that may damage or falsify Company reputation; or

i.) Otherwise attempt to interfere with the proper working of the Service.

11. Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Google Maps® is a service we use to suggest and display location data. It is provided by Google Inc. By using our service, you are bound by Google's Terms of Service: https://www.google.com/intl/en/policies/terms . You can find their Privacy Policy here: https://www.google.com/policies/privacy

12. No Use By Minors

Our Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of our Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of our Service.

13. Accounts

When you create an Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Service.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole and absolute discretion.

14. Intellectual Property

Our Service and its original Content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Matium Inc. and its licensors. Our Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior, written consent of Matium Inc.

15. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@matium.io, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".

You may be held accountable for damages (including costs and attorneys' fees) for a misrepresentation or bad-faith claim that any Content found on and/or through our Service infringes on your copyright.

16. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

a.) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

b.) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

c.) identification of the URL or other specific location on Service where the material that you claim is infringing is located;

d.) if your copyright is federally registered, a copy of your official certificate;

e.) your address, telephone number, and email address;

f.) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

g.) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at contact@matium.io

17. Error Reporting and Feedback

You may provide us either directly at contact@matium.io or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Matium may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Matium is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable laws, you hereby grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Matium may utilize third party sites and tools that may be used for information and Feedback as set forth in this Section 17.

18. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Matium Inc.

Matium has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities, individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT MATIUM INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

19. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER MATIUM NOR ANY PERSON ASSOCIATED WITH MATIUM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, NEITHER MATIUM NOR ANYONE ASSOCIATED WITH MATIUM REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MATIUM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MATIUM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. Termination

We may terminate or suspend your Account and bar access to our Service immediately, without prior notice or liability, under our sole and absolute discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your Account, you may simply discontinue using our Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

22. Governing Law / Entire Agreement

These Terms shall be governed and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions.

These Terms constitute the entire agreement between us regarding our Service and supersedes and replaces any prior agreements we might have had between us regarding our Service.

23. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via our Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

24. Amendments To Terms

We may amend these Terms at any time by posting the amended Terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Service following the communication of revised Terms, which will be delivered by electronic mail to the address provided by the user, means that you accept and agree to the changes. You are expected to check https://matium.io/privacy and https://matium.io/terms frequently so you are aware of any changes, as they are binding on you.

If you do not agree to the new Terms, you are no longer authorized to use our Service.

25. Waiver And Severability

No waiver by Matium of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

26. Acknowledgement

BY USING THE SERVICE OR OTHER PRODUCTS OR SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS.

27. Contact Us

Please send your feedback, comments, requests for technical support:

• By email: contact@matium.io.

• By visiting this page on our website: https://matium.io/contact.