Terms of Service
Last updated date: July 12, 2024
Effective Date: July 12, 2024
Sandcastle, Inc. Terms of Service
This Terms of Service constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and Sandcastle, Inc (“Mio,” “Company,” “we,” “our,” or “us”),
concerning your access to and use of the Mio website as well as
any other media form, Chrome extension, downloadable application,
media channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood,
and agree to be bound by all of these Terms of Use. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use at any time
and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change.
Please ensure that you check the applicable Terms every time you
use our Site so that you understand which Terms apply. You will be
subject to, and will be deemed to have been made ware of and to
have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use
are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
1. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copy right and
trademark laws and various other intellectual property rights and
unfair competition laws of the United States, international
copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of
Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you hae
properly gained access solely for your personal, non-commercial
use. We reserve all rights no expressly granted to you in and to
the Site, the Content and the Marks.
2. User Representations
By using the Site, you represent and warrant that: (1) you have
the legal capacity and you agree to comply with these Terms of
Use; (2) you are not a minor in the jurisdiction in which you
reside; (3) you will not access the Site through automated or
non-human means, whether through a bot, script or otherwise; (4)
you will not use the Site for any illegal or unauthorized purpose;
and (5) your use of the Site will not violate any applicable law
or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Site (or any portion thereof).
3. Fees and Payment
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some of
our services. You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the
Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions
and contact you as needed. We bill you through an online billing
account for purchases made via the Site. Sales tax will be added
to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in US Dollars.
You agree to pay all charges or fees at the prices then in effect
for your purchases, and you authorize us to charge your chosen
payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment. We
also reserve the right to refuse any order placed through the
Site.
4. Cancellation
You can cancel your subscription at any time. Your cancellation
will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at
hi@askmio.co.
5. Prohibited Activities
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
• Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us.
• Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
• Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Site.
• Use any information obtained from the Site in order to harass,
abuse, or harm another person.
• Make improper use of our support services or submit false
reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws
or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use
of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or
maintenance of the Site.
• Engage in any automated use of the system, such as using scripts
to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any
Content.
• Attempt to impersonate another user or person or use the
username of another user.
• Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1x1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Site.
• Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Site,
or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the
Site.
• Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
6. User Generated Contributions
The Site does not offer users to submit or post content. We may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material
(collectively, “Contributions”). Contributions may be viewable by
other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated in accordance with the
Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that.
7. Contribution License
You and the Site agree that we may access, store, process, and use
any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback regarding the Site,
you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
8. Submissions
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site (“Submissions”) provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
9. Site Management
We reserve the right, but not the obligation, to : (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of
the Site.
10. Terms and Termination
These Terms of Use shall remain in full force and effect while you
use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited fro registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without
limitation pursuing civil, criminal and injunctive redress.
11. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site
at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your liability to access or use the Site
during any downtime or discontinuance of the Site. Nothing in
these Terms of Use will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or
releases in connection therewith.
12. Governing Law
These Terms shall be governed by and defined following the laws and
your irrevocably consent that the courts shall have exclusive
jurisdiction to resolve any dispute which may arise in connection
with these terms.
13. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each
“Dispute” and collectively, the “Disputes”) brought by either you
or us (individually, a “Party” and collectively, the “Parties”),
the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at
least 90 days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
Any dispute arising out of or in connection with this contract,
including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The
number of arbitrators shall be determined by the Company. The
seat, or legal place, of arbitration shall determined by the
Company. The language to be used in the arbitral proceedings shall
be determined by the Company. The governing law of the contract
shall be the substantive law.
Restrictions
The Parties agree that any arbitration shall be limited to the
dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will
elect to arbitrate and Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
14. Corrections
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior
notice.
15. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND /OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD PARTY, AND/OR (6) ANY ERROS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUG HTHE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
16. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CUASE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
17. Indemnification
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third part due to or arising out of: (1)
use of the Site; (2) breach of these Terms of Use; (3) any breach of
your representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful
act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.
18. User Data
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability
to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or
corruption of such data.
19. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy and legal
requirement that such communications be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under and
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-election records, or to payments or the granting of
credits by any means other than electronic means.
20. Miscellaneous
These Terms of Use and any policy or operating rules posted by us
on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to th fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
Contact Us
In order to resolve a compliant regarding the Site or to receive
further information regarding use of the Site, please contact us
by email: hi@askmio.co.