Terms of Service
Effective Date: January 30, 2026
Welcome to meshwith, owned and operated by meshwith LLC ("meshwith," "Company," "we," or "our"). meshwith provides access to and use of a web-based platform available at meshwith.com (the "Website") and a mobile application (the "App," and together with the Website, the "Platform") for general informational and research purposes, using predictive models and aggregated signals (collectively, the "Services"). THE SERVICES ARE PROVIDED ON A BETA AND EARLY ACCESS BASIS AND MAY CONTAIN ERRORS, INTERRUPTIONS, LIMITATIONS, OR CHANGES IN FUNCTIONALITY OR AVAILABILITY.
By accessing or using the Services, you agree to be bound by these Terms of Service ("Terms") and acknowledge that you have reviewed our Privacy Policy, available at meshwith.com/privacy, which is incorporated by reference.
These Terms apply to all visitors, users, and others who access or use the Services, whether or not you create an account or purchase a subscription.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.
1. IMPORTANT NOTICES
1.1 MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE BE ADVISED: THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW YOU MAY BRING CLAIMS BETWEEN YOU AND THE COMPANY, INCLUDING THE DISPUTE AND ARBITRATION PROVISIONS IN SECTION 22 BELOW. THESE PROVISIONS REQUIRE YOU TO RESOLVE ALL DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION RATHER THAN A JURY TRIAL OR CLASS ACTIONS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1.2 NO PROFESSIONAL ADVICE; NO GUARANTEES
THE SERVICES PROVIDE GENERAL INFORMATIONAL, RESEARCH, AND ANALYTICAL OUTPUTS ONLY. THE SERVICES DO NOT PROVIDE PROFESSIONAL ADVICE AND DO NOT GUARANTEE ANY PARTICULAR RESULT OR OUTCOME.
ANY INFORMATION OR MATERIAL GENERATED, PROCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE SERVICES, INCLUDING ANY ANALYTICS, MODELS, SIGNALS, TOOLS, OR OTHER OUTPUTS (collectively, the "Outputs"), IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY DECISION OR ACTION.
INFORMATION PROVIDED BY YOU USING THE SERVICES CONSISTS OF YOUR SUBJECTIVE OPINION USED SOLELY ON THE BACKEND OF THE SERVICES (the "Inputs"). OUTPUTS ARE PERSONALIZED, PROBABILISTIC RECOMMENDATIONS INTENDED TO BE TAKEN INTO CONSIDERATION, NOT STATEMENTS OF FACT OR GUARANTEES, AND NOT A SUBSTITUTE FOR YOUR OWN INDEPENDENT JUDGMENT.
YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS AND ACTIONS TAKEN IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING THE EVALUATION OF THE MERITS AND RISKS OF ANY DECISION OR RELATIONSHIP, AND FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. USE OF THE SERVICES DOES NOT CREATE ANY FIDUCIARY, ADVISORY, OR PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY INFORMATION OR OUTPUTS PROVIDED THROUGH THE SERVICES AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS LIABILITY FOR LOSSES OR DAMAGES ARISING FROM RELIANCE ON SUCH INFORMATION OR OUTPUTS.
2. Eligibility and Age Requirements
The Services are intended solely for individuals who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms.
The Services and the Platform are not directed to children under the age of thirteen (13), and the Company does not knowingly collect personal information from children under the age of thirteen (13).
Any access to or use of the Services by any person under the age of eighteen (18) is prohibited and constitutes a violation of these Terms.
3. Changes to the Terms
We reserve the right to modify these Terms at any time, in our sole discretion. Any changes will become effective when the updated Terms are posted on the Platform. It is your responsibility to review these Terms periodically.
Your continued access to or use of the Services after the effective date of any changes constitutes your agreement to the revised Terms.
4. Services
4.1 Access to Services
Subject to your compliance with these Terms, meshwith grants you a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services through the Platform during the term of these Terms, solely for your own internal, personal, or lawful business use, as applicable. meshwith may provide credentials, access controls, or other mechanisms reasonably necessary to enable your access to the Services and may modify the Platform or Services from time to time.
4.2 Use of Documentation
In connection with your authorized use of the Services, meshwith may make available user guides, technical documentation, help materials, FAQs, or other end-user materials relating to the Services, whether through the Platform or otherwise. You may use such materials solely for your own internal use in connection with the Services and for no other purpose.
4.3 Suspension of Access
meshwith may temporarily suspend, restrict, or limit your access to all or any portion of the Services if it reasonably determines that your use of the Services poses a security risk to the Platform or meshwith, is fraudulent or unlawful, materially violates these Terms, or if meshwith's provision of the Services to you is prohibited by applicable law. meshwith may also suspend or restrict access if a third-party service, technology, or infrastructure necessary to provide the Services is unavailable or disrupted. meshwith will use commercially reasonable efforts to provide notice of any suspension or restriction and to restore access as soon as reasonably practicable after the underlying issue is resolved. meshwith will not be liable for any losses or damages arising from any suspension or restriction permitted under these Terms.
4.4 Aggregated and Anonymized Data
meshwith may monitor use of the Services and collect, generate, and compile data derived from such use in an aggregated or anonymized form. As between you and meshwith, all right, title, and interest in such aggregated and anonymized data, and all intellectual property rights therein, are owned exclusively by meshwith. meshwith may use such data for any lawful business purpose, including to operate, maintain, analyze, improve, enhance, and develop the Services and related analytical models, provided that such data does not identify you or any other individual.
4.5 Artificial Intelligence and Predictive Systems
The Services incorporate proprietary software, statistical techniques, artificial intelligence and machine-learning models developed by the Company to analyze Inputs and generate Outputs. These systems are designed to identify patterns, correlations, and signals based on aggregated data and user-provided information in order to produce personalized, probabilistic recommendations.
Outputs are generated through automated processes and are not reviewed, verified, or validated by the Company on an individual basis. The Company does not independently verify the accuracy, completeness, or reliability of Inputs or Outputs.
You acknowledge that artificial intelligence and predictive systems are inherently probabilistic and may produce results that are incomplete, inaccurate, biased, outdated, or not reflective of real-world circumstances. Outputs may vary between users and over time, even when based on similar Inputs.
The Company does not use personally identifiable information to train its artificial intelligence or machine-learning models except as described in the Privacy Policy or with your consent. Any model improvement relies on aggregated and anonymized data.
As between you and the Company, all right, title, and interest in and to the artificial intelligence systems, models, algorithms, and related technology used to provide the Services remain exclusively with the Company. No rights in such systems are granted to you except for the limited right to access and use the Services in accordance with these Terms.
You are solely responsible for how you interpret and use any Outputs generated by the Services, including any decisions or actions you take based on such Outputs. The Company does not guarantee that the use of artificial intelligence or predictive systems will result in any particular outcome or benefit.
5. Account
5.1 Account Registration
You must create an account through the Platform (an "Account") in order to access and use the Services. You agree to provide accurate, current, and complete information during the registration process and to keep such information updated so that it remains accurate, current, and complete.
5.2 Account Information and Security
By creating an Account, you represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into these Terms, and are not prohibited from using the Services under applicable law. You are responsible for all activities that occur under your Account.
You are responsible for maintaining the confidentiality of your Account credentials and for all access to and use of the Services through your Account, whether authorized or unauthorized. You agree to notify the Company promptly of any unauthorized access to or use of your Account or any other breach of security.
You may not share your Account credentials with any other person. If your subscription plan permits multiple authorized users, each authorized user must access the Services using their own credentials. You may not create an Account using false or misleading information, create an Account on behalf of another person, or maintain more than one Account at any time, except as expressly permitted by your subscription plan or authorized by the Company in writing.
The Company may suspend or terminate any Account that violates these Terms or that the Company reasonably believes presents a risk to the Services or other users.
5.3 Equipment and Internet Access
You are responsible for obtaining and maintaining all equipment, software, and internet access necessary to access and use the Services.
6. User Responsibilities
You are responsible for your access to and use of the Services and agree to comply with all applicable laws, rules, and regulations.
You are obligated to:
- Periodically review the Platform for updates to the Services and these Terms, as described in Section 3.
- Maintain the confidentiality and security of your login credentials and the systems you use to access the Services.
7. Acceptable Use Policy
Your access to and use of the Services is subject to our Acceptable Use Policy, available at www.meshwith.com/acceptableuse, which is incorporated into these Terms by reference. The Acceptable Use Policy describes permitted and prohibited uses of the Services and may be updated from time to time. In the event of any conflict between these Terms and the Acceptable Use Policy, these Terms will control.
The Acceptable Use Policy governs user behavior, system access, and Platform integrity in connection with your use of the Services.
8. Subscriptions
8.1 Free Access During Beta
During the beta period, the Services are made available on a free, no-charge basis. No subscription fees are currently charged for access to or use of the Services.
meshwith may introduce paid subscription plans, premium features, or other monetization models in the future. If and when paid offerings are introduced, this Section will be updated to describe applicable pricing, billing terms, renewal conditions, and any related policies, and such changes will be effective in accordance with Section 3.
9. Account Suspension and Termination
9.1 Termination by You
You may delete your account at any time using the tools provided on the Platform. Deleting your account will terminate your access to the Services.
9.2 Termination by the Company
We may suspend or terminate your account, or restrict access to any part of the Services, at any time, with or without notice, if we determine that you have violated these Terms or any applicable policies, your use of the Services poses a legal, security, or operational risk to the Company, or such action is reasonably necessary to protect the Services, the Platform, or other users.
9.3 Effect of Suspension or Termination
Upon suspension or termination of your account, your right to access and use the Services immediately ceases. We may permanently delete or deactivate your account and any associated content, preferences, usage data, or other information stored in connection with your account, without any obligation to provide copies or backups, except as required by applicable law.
9.4 No Obligation to Reinstate Accounts
We are not obligated to reinstate any account that has been suspended or terminated. Any reinstatement is solely at the Company's discretion and may be subject to additional conditions or limitations.
10. Third-Party Content and Resources
The Services may include references to or access to third-party websites, resources, content, or materials that are not owned, controlled, or operated by the Company. Any such third-party content or resources are provided for convenience only and do not constitute an endorsement by the Company. The Company has no control over and is not responsible for any third-party content or resources. Your use of any third-party content or resources is at your own risk and subject to the applicable third party's terms and policies.
11. Third-Party Services
The Services may use or provide access to third-party services, such as payment processors, to support the functionality of the Platform. Your use of any third-party service is governed by the applicable third party's terms and policies. The Company is not responsible or liable for any third-party service.
12. Confidential Information
During your use of the Services, either you or meshwith may disclose non-public business, technical, or proprietary information, including confidential intellectual property, trade secrets, third-party confidential information, and other sensitive information, whether disclosed orally, in writing, electronically, or otherwise ("Confidential Information").
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was lawfully known to the receiving party before disclosure; (c) is rightfully received from a third party without restriction; or (d) is independently developed without use of the Confidential Information.
You agree not to disclose meshwith's Confidential Information to any third party and to use such Confidential Information solely as necessary to access and use the Services. Disclosure is permitted only to your employees or representatives who have a legitimate need to know and are bound by confidentiality obligations no less protective than those set forth herein.
Confidential Information may be disclosed to the extent required by law, court order, or governmental request, provided that the disclosing party gives prompt notice (to the extent legally permitted) and reasonably cooperates in seeking confidential treatment or a protective order. Confidential Information may also be disclosed as necessary to enforce rights under these Terms.
Upon termination of your access to the Services or upon request, you must promptly return or destroy all Confidential Information in your possession, except to the extent retention is required by law.
Confidentiality obligations apply from the date of disclosure and continue for five years thereafter, except for trade secrets, which will remain protected for so long as they qualify as trade secrets under applicable law.
13. Ownership of Intellectual Property and Feedback
13.1 meshwith Intellectual Property
As between you and meshwith, meshwith owns and retains all right, title, and interest in and to all intellectual property rights in and to the Services and related materials, including the meshwith platform and systems, documentation, and all technology, software, models, algorithms, tools, interfaces, workflows, and other materials made available in connection with the Services (collectively, "meshwith IP"). meshwith IP includes any data derived from use of the Services that has been aggregated or anonymized so that it does not identify you or any other individual, but does not include your Data.
13.2 Your Data
You retain all right, title, and interest in and to any information, data, or other content, in any form or medium, that you submit, upload, transmit, or otherwise make available through the Services ("Data").
You grant meshwith a non-exclusive, royalty-free, worldwide license to host, store, reproduce, process, transmit, display, and otherwise use your Data solely as necessary to operate, provide, maintain, and improve the Services, and to comply with applicable law. You further acknowledge and agree that meshwith may generate and use aggregated and anonymized data derived from your use of the Services for any lawful business purpose, provided that such aggregated and anonymized data does not identify you or your Data.
13.3 Feedback
If you submit, provide, or otherwise make available to meshwith any ideas, suggestions, feedback, comments, or recommendations relating to the Services (including in connection with any beta or early access features) or meshwith IP ("Feedback"), you acknowledge and agree that meshwith may use such Feedback for any purpose, without restriction and without obligation to you. To the extent any rights in such Feedback are required, you hereby irrevocably assign to meshwith all right, title, and interest in and to such Feedback, including all intellectual property rights therein, without any compensation or attribution. Except for the limited rights expressly granted to you under these Terms, no rights in or to the meshwith IP (including in connection with any beta or early access features) are granted to you, whether by implication, estoppel, or otherwise.
14. Privacy Policy and Personal Information
Your personal information and other data you provide in connection with your access to or use of the Services are processed in accordance with our Privacy Policy meshwith.com/privacy.
You should not submit or disclose personally identifying information about your children through the Services.
If you submit personal information relating to another individual, you represent that you have the appropriate authority and consent to do so and that such submission does not violate that individual's privacy rights.
15. No Resale of Service or Unauthorized Commercial Use
You may not reproduce, duplicate, copy, sell, resell, distribute, license, sublicense, or otherwise exploit the Services, or any content, data, information, or materials made available through the Services that you do not own, for any commercial or other purpose without meshwith's express prior written consent.
16. Modification to the Services
meshwith reserves the right, at any time and from time to time, to modify the Services, in whole or in part.
17. Service Usage and Storage
You acknowledge that the Company may establish general practices and limits regarding the use of the Services, including limits on storage, features, or usage frequency. Such limits may change from time to time in the Company's discretion.
18. Disclaimer of Warranties
18.1 General Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES (INCLUDING ANY BETA OR EARLY ACCESS FEATURES) IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT, DATA, INFORMATION, MATERIALS, AND OTHER ITEMS MADE AVAILABLE IN CONNECTION WITH THE SERVICES (INCLUDING ANY BETA OR EARLY ACCESS FEATURES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MESHWITH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
18.2 No Guarantee of Results
MESHWITH MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING ANY RESULTS, OUTCOMES, PERFORMANCE, OR BENEFITS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES (INCLUDING DURING ANY BETA OR EARLY ACCESS PERIOD) OR ANY CONTENT, DATA, INFORMATION, OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE SERVICES.
RESULTS MAY VARY, AND MESHWITH DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT, PERFORMANCE LEVEL, OR OUTCOME.
THIS SECTION IS IN ADDITION TO, AND DOES NOT LIMIT, THE NO PROFESSIONAL ADVICE AND NO GUARANTEES PROVISIONS SET FORTH IN THESE TERMS.
18.3 Service Performance and Reliability
MESHWITH DOES NOT WARRANT THAT (I) THE SERVICES (INCLUDING ANY BETA OR EXPERIMENTAL FEATURES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (III) ANY CONTENT, DATA, INFORMATION, OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, OR SUITABLE FOR YOUR USE; (IV) THE QUALITY OF ANY FEATURES, FUNCTIONALITY, OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES (INCLUDING ANY BETA FUNCTIONALITY) WILL MEET YOUR EXPECTATIONS; OR (V) THE SERVICES, WEBSITE, MOBILE APPLICATION, SERVERS, OR SOFTWARE WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY SUCH ISSUES WILL BE CORRECTED. MESHWITH IS NOT RESPONSIBLE FOR ANY DELAYS, INTERRUPTIONS, NON DELIVERY, DATA LOSS, OR FAILURE TO STORE OR MAINTAIN ANY DATA, CONFIGURATIONS, SETTINGS, OR MATERIALS ASSOCIATED WITH YOUR USE OF THE SERVICES (INCLUDING IN CONNECTION WITH BETA FEATURES).
18.4 No Additional Warranties
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MESHWITH OR THROUGH THE SERVICES (INCLUDING ANY BETA OR EARLY ACCESS OFFERINGS) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
19. Indemnity
You agree to defend, indemnify, and hold harmless the Company and its subsidiaries, affiliates, officers, directors, agents, contractors, and employees from and against any and all claims, demands, actions, or proceedings brought by a third party, damages, losses, liabilities, costs, and reasonable attorneys' fees arising out of or resulting from (i) your access to or use of the Services (including any beta or early access features) in violation of these Terms, including any failure to comply with restrictions, limitations, or disclaimers applicable to the Services; (ii) your violation of any applicable law, rule, or regulation; (iii) your infringement, misappropriation, or violation of any intellectual property, privacy, confidentiality, or other rights of another person or entity; or (iv) any claim based on your reliance on, use of, or representation to any third party regarding any content, data, information, or materials made available in connection with the Services (including beta outputs), including any claim alleging that such materials constituted advice, recommendations, signals, or guidance, or that you or any third party were entitled to rely on them contrary to the disclaimers set forth in these Terms; provided, however, that this indemnity obligation applies only to the extent that such claim arises from your acts or omissions and does not apply to the extent the claim results from the Company's own gross negligence, willful misconduct, or fraud, where such limitation is required by applicable law.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING ANY BETA OR EARLY ACCESS FEATURES), OR ANY RELIANCE ON ANY CONTENT, DATA, INFORMATION, OR MATERIAL MADE AVAILABLE IN CONNECTION WITH THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY STATEMENTS, ACTIONS, OR CONDUCT OF ANY THIRD PARTY, THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER MATTER RELATING TO THE SERVICES OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES (INCLUDING ANY BETA OR EARLY ACCESS USE) OR THESE TERMS EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100.00); OR (B) THE AMOUNT YOU PAID, IF ANY, TO THE COMPANY FOR ACCESS TO THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE COMPANY'S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, DISCLAIMER OF RELIANCE, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES AND SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. Governing Law
This Agreement and your use of the Services are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles.
You agree that any claim, dispute, or action arising out of or relating to these Terms or the Services that is not subject to arbitration under Section 22 shall be brought exclusively in the state or federal courts located in [NAME] County, [STATE], and you hereby consent to the personal jurisdiction and venue of such courts.
Nothing in this Section limits or restricts any rights to venue or forum that cannot be waived under applicable law.
22. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved by final and binding arbitration, to the maximum extent permitted by applicable law, and not in court, except that either party may assert qualifying claims in small claims court or seek relief as expressly permitted below.
This arbitration agreement applies to you and the Company, and to our respective successors and permitted assigns.
The arbitration shall be conducted by a single arbitrator administered by JAMS in accordance with its applicable arbitration rules. The arbitration shall be conducted in English and shall take place in the county where you reside unless you and the Company agree otherwise.
THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT, INCLUDING ANY CLAIM THAT ALL OR PART OF THIS AGREEMENT IS VOID OR VOIDABLE. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Discovery shall be limited to the extent permitted by the applicable arbitration rules and as determined by the arbitrator.
Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its rights or interests pending completion of arbitration.
YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT IS PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY DISPUTE SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
IF ANY PORTION OF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, SUCH PORTION SHALL BE SEVERED, AND THE REMAINDER OF THIS ARBITRATION AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT TO THE MAXIMUM EXTENT PERMITTED BY LAW.
23. Miscellaneous Terms
23.1 Notices
All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice") must be in writing.
Notices to meshwith: Notices must be sent to meshwith at its legal address set forth below or to such other legal address as meshwith may designate by notice.
meshwith LLC
2226 Eastlake Ave E #1261
Seattle, WA 98102
Notices to meshwith must be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (return receipt requested, postage prepaid). Email notice to meshwith shall not constitute valid legal notice unless expressly agreed to in writing by meshwith.
Notices to users: Notices may be delivered by email to the email address associated with the user's account, or by posting within the Services, and shall be deemed effective upon transmission or posting, as applicable.
Except as otherwise expressly provided in this Agreement, a Notice is effective only upon receipt by the receiving party and only if the sending party has complied with the requirements of this Section.
23.2 Entire Agreement
These Terms govern your use of the Services and constitute the entire agreement between you and the Company regarding the Services, and they supersede all prior or contemporaneous communications, understandings, and proposals, whether electronic, oral, or in writing. You may also be subject to additional terms, policies (including the Privacy Policy), guidelines, or rules that apply when you use certain features of the Service or third-party services, content, or software. In the event of a conflict, these Terms will control unless expressly stated otherwise.
23.3 Survival
The following Sections will survive the termination, expiration, or suspension of your account or access to the Services, regardless of the reason for termination: Sections 1, 4, 7, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, and 23, together with any other provisions that by their nature are intended to survive.
23.4 Changes to the Terms
The Company may revise these Terms from time to time by posting an updated version on the Platform. If a revision materially affects your rights or obligations, we will provide reasonable advance notice as required by applicable law. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the revised Terms.
23.5 Assignment
You may not assign, transfer, or delegate any rights or obligations under these Terms without the Company's prior written consent. The Company may assign its rights and obligations under these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, with or without notice to you. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
23.6 Force Majeure
The Company will not be responsible or liable for any delay or failure to perform any obligation under these Terms to the extent such delay or failure results from events or circumstances beyond the Company's reasonable control, including natural disasters, acts of God, labor disputes, labor shortages, supply chain interruptions, utility or power failures, internet or telecommunications outages, government actions, public health emergencies, war, terrorism, civil disturbances, or similar events. The Company's performance will be excused for the duration of the force majeure event.
23.7 No Waiver
The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver must be signed in writing and signed by an authorized representative of the Company to be effective.
23.8 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
23.9 Titles
Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
23.10 Independent Contractor
Nothing in these Terms will be construed to create a partnership, joint venture, employment, or agency relationship between you and the Company. Neither party has authority to bind the other in any respect, and each party remains an independent contractor responsible for its own acts and omissions.
23.11 Contact
Please report any suspected violations of these Terms, compliance concerns, or questions regarding the Services to meshwith at admin@meshwith.com.