The following terms of use are intended to inform users of the limitations and usage of your virtual companion powered by artificial intelligence (“Momo”) provided by Eigen Industries, Inc. (“Eigen”, “we,” “us,” or “our”).
The user interacting with Momo is referred to as “you” or “user”.
Please read these terms of use carefully (these “Terms”) before engaging with Momo.
PLEASE READ THESE TERMS, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EIGEN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
General Information.
Momo is an automated system powered by Eigen, designed to interact with you and other Momo users (your “Mutual Friends”). The features of Momo are available only through text message in connection with Apple-branded products (“Apple Enabled-Services”).
You are required to respond to an initial message as instructed to complete your registration, agree to these Terms and confirm enrollment to receive communications from Momo. If you do not accept these Terms, do not respond to text messages from us or interact with Momo. You will have the option of adding Mutual Friends to any text messaging thread you initiate, or otherwise are a participant in. You acknowledge that when you add Mutual Friends to your thread that they become your “Authorized Users”, and you are responsible for the acts or omissions of these Terms by your Authorized Users as if you committed those acts or omissions.
At Eigen, we respect the privacy of our users. For more information please see our Privacy Policy that was provided to you in connection with these Terms (the “Privacy Policy”). By using Momo, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Using Momo.
The use of Momo is intended for persons with at least 18 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may use Momo only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to Momo.
By using Momo, the user agrees:
not to post, send or share defamatory, offensive, intimidating, illegal, racist, discriminatory, obscene or inappropriate content in any form through Momo.
not to use Momo to conduct illegal or immoral activities.
not to attempt to compromise the security of Momo or access confidential information related to Mutual Friends.
Interactions with Momo.
We refer to the text messages you send to Momo as “Submissions”. You represent and warrant that you have the right to provide the Submissions. You hereby grant Eigen and its affiliates, and their successors and assigns, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your Submissions (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of Momo (including sharing such Submissions with your Mutual Friends); (b) to provide, develop and improve Momo and other offerings of Eigen; and (c) as otherwise set forth in our Privacy Policy.
You acknowledge and agree that the responses made by Momo to your Submissions (“Responses”) may be protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Eigen, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on Momo or the Responses, in whole or in part, except that the foregoing does not apply to your own Submissions that you make available to Momo in accordance with these Terms. Any use of Momo and the Responses other than as specifically authorized herein is strictly prohibited.
You hereby authorize Eigen and its affiliates and their third-party service providers to collect and analyze Submissions and other data and information relating to Momo and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Eigen and its affiliates may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Communications Services.
By interacting with Momo and providing us with your telephone number(s), you are consenting to be contacted by Eigen, its affiliates or their partners by telephone (including on a recorded line), text message, SMS and/or MMS message, or other telephonic or electronic means even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Eigen. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Eigen, its affiliates or their partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Momo account information to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
Disclaimer.
You acknowledge that Momo leverages advanced technologies, such as artificial intelligence, machine learning systems and similar technology and features (collectively, “AI Technology”). You acknowledge and agree that you will use discretion and independent judgment before relying on, sharing or otherwise using Responses or relying on actions taken by the AI Technology. AI Technology is based on predefined rules and algorithms, and the Responses may not necessarily be unique from responses generated, created, enhanced or modified by other users of Momo (including Mutual Friends). AI Technology can struggle with complex tasks that require reasoning, judgment and decision-making. AI Technology may misunderstand or misinterpret your queries or other instructions; and Responses can lack the personal touch that comes with content created by humans. While we strive to provide accurate information through Momo, we cannot guarantee the accuracy and/or the completeness of the information provided. Momo may, at times, provide information that is inaccurate. Therefore, we encourage you to verify any information provided by Momo before taking any action or making any decisions based on the information received and Eigen assumes no responsibility or guarantee for the accuracy or completeness of the information provided. Your use of Momo is at your sole risk. Momo is provided on an “as is” and “as available” basis. Eigen expressly disclaims all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Indemnity.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Eigen and Eigen’a affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Eigen Parties”), from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of Momo, any Submissions, your connection to Momo, your violation of these Terms, or your violation of any rights of another. Eigen will provide notice to you of any such claim, suit, or proceeding. Eigen reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Eigen’s defense of such matter. You may not settle or compromise any claim against the Eigen Parties without Eigen’s written consent.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE EIGEN PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE EIGEN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE MOMO; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MOMO; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MOMO; OR (E) ANY OTHER MATTER RELATING TO MOMO. IN NO EVENT WILL THE EIGEN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EIGEN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MOMO OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF MOMO.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNITY,” “DISCLAIMER,” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Termination.
You agree that Eigen, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of Momo and remove and discard any content within Momo, for any reason, including for lack of use or if Eigen believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Momo may be referred to appropriate law enforcement authorities. Eigen may also in its sole discretion and at any time discontinue providing Momo, or any part thereof, with or without notice. You agree that any termination of your access to Momo under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Eigen may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Momo. Further, you agree that Eigen and Eigen’s affiliates will not be liable to you or any third party for any termination of your access to Momo.
Dispute Resolution By Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Eigen, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Eigen are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND EIGEN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EIGEN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
II. Pre-Arbitration Dispute Resolution
Eigen is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@teameigen.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Eigen should be sent to 261 Market St, STE 85076, San Francisco, CA 94114 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Eigen and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Eigen may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Eigen or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Eigen is entitled.
III. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Eigen and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Eigen agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
IV. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Eigen or you under the AAA Rules, Eigen and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Eigen will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Eigen will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
V. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
VI. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
VII. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Eigen agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Eigen written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
General.
These Terms (together with the terms incorporated by reference herein) constitute the entire agreement between you and Eigen governing your access and use of Momo, and supersede any prior agreements between you and Eigen with respect to Momo. These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims, you and Eigen submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of Eigen to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of Momo or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of Eigen, but Eigen may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via text message. Eigen will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Eigen’s reasonable control.
The following terms of use are intended to inform users of the limitations and usage of your virtual companion powered by artificial intelligence (“Momo”) provided by Eigen Industries, Inc. (“Eigen”, “we,” “us,” or “our”).
The user interacting with Momo is referred to as “you” or “user”.
Please read these terms of use carefully (these “Terms”) before engaging with Momo.
PLEASE READ THESE TERMS, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EIGEN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
General Information.
Momo is an automated system powered by Eigen, designed to interact with you and other Momo users (your “Mutual Friends”). The features of Momo are available only through text message in connection with Apple-branded products (“Apple Enabled-Services”).
You are required to respond to an initial message as instructed to complete your registration, agree to these Terms and confirm enrollment to receive communications from Momo. If you do not accept these Terms, do not respond to text messages from us or interact with Momo. You will have the option of adding Mutual Friends to any text messaging thread you initiate, or otherwise are a participant in. You acknowledge that when you add Mutual Friends to your thread that they become your “Authorized Users”, and you are responsible for the acts or omissions of these Terms by your Authorized Users as if you committed those acts or omissions.
At Eigen, we respect the privacy of our users. For more information please see our Privacy Policy that was provided to you in connection with these Terms (the “Privacy Policy”). By using Momo, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
The following terms of use are intended to inform users of the limitations and usage of your virtual companion powered by artificial intelligence (“Momo”) provided by Eigen Industries, Inc. (“Eigen”, “we,” “us,” or “our”).
The user interacting with Momo is referred to as “you” or “user”.
Please read these terms of use carefully (these “Terms”) before engaging with Momo.
PLEASE READ THESE TERMS, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EIGEN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
General Information.
Momo is an automated system powered by Eigen, designed to interact with you and other Momo users (your “Mutual Friends”). The features of Momo are available only through text message in connection with Apple-branded product (“Apple Enabled-Services”).
You are required to respond to an initial message as instructed to complete your registration, agree to these Terms and confirm enrollment to receive communications from Momo. If you do not accept these Terms, do not respond to text messages from us or interact with Momo. You will have the option of adding Mutual Friends to and text messaging thread you initiate, or otherwise are a participant in. You acknowledge that when you add Mutual Friends to you thread that they become your “Authorized Users”, and you are responsible for the acts or omissions of these Terms by your Authorized Users as if you committed those acts or omissions.
At Eigen, we respect the privacy of our users. For more information please see our Privacy Policy that was provided to you in connection with these Term (the “Privacy Policy”). By using Momo, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Using Momo.
The use of Momo is intended for persons with at least 18 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may use Momo only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to Momo.
By using Momo, the user agrees:
not to post, send or share defamatory, offensive, intimidating, illegal, racist, discriminatory, obscene or inappropriate content in any form through Momo.
not to use Momo to conduct illegal or immoral activities.
not to attempt to compromise the security of Momo or access confidential information related to Mutual Friends.
Interactions with Momo.
We refer to the text messages you send to Momo as “Submissions”. You represent and warrant that you have the right to provide the Submissions. You hereby grant Eigen and its affiliates, and their successors and assigns, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your Submissions (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of Momo (including sharing such Submissions with your Mutual Friends); (b) to provide, develop and improve Momo and other offerings of Eigen; and (c) as otherwise set forth in our Privacy Policy.
You acknowledge and agree that the responses made by Momo to your Submissions (“Responses”) may be protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Eigen, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on Momo or the Responses, in whole or in part, except that the foregoing does not apply to your own Submissions that you make available to Momo in accordance with these Terms. Any use of Momo and the Responses other than as specifically authorized herein is strictly prohibited.
You hereby authorize Eigen and its affiliates and their third-party service providers to collect and analyze Submissions and other data and information relating to Momo and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Eigen and its affiliates may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Communications Services.
By interacting with Momo and providing us with your telephone number(s), you are consenting to be contacted by Eigen, its affiliates or their partners by telephone (including on a recorded line), text message, SMS and/or MMS message, or other telephonic or electronic means even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Eigen. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Eigen, its affiliates or their partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Momo account information to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
Disclaimer.
You acknowledge that Momo leverages advanced technologies, such as artificial intelligence, machine learning systems and similar technology and features (collectively, “AI Technology”). You acknowledge and agree that you will use discretion and independent judgment before relying on, sharing or otherwise using Responses or relying on actions taken by the AI Technology. AI Technology is based on predefined rules and algorithms, and the Responses may not necessarily be unique from responses generated, created, enhanced or modified by other users of Momo (including Mutual Friends). AI Technology can struggle with complex tasks that require reasoning, judgment and decision-making. AI Technology may misunderstand or misinterpret your queries or other instructions; and Responses can lack the personal touch that comes with content created by humans. While we strive to provide accurate information through Momo, we cannot guarantee the accuracy and/or the completeness of the information provided. Momo may, at times, provide information that is inaccurate. Therefore, we encourage you to verify any information provided by Momo before taking any action or making any decisions based on the information received and Eigen assumes no responsibility or guarantee for the accuracy or completeness of the information provided. Your use of Momo is at your sole risk. Momo is provided on an “as is” and “as available” basis. Eigen expressly disclaims all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Indemnity.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Eigen and Eigen’a affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Eigen Parties”), from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of Momo, any Submissions, your connection to Momo, your violation of these Terms, or your violation of any rights of another. Eigen will provide notice to you of any such claim, suit, or proceeding. Eigen reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Eigen’s defense of such matter. You may not settle or compromise any claim against the Eigen Parties without Eigen’s written consent.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE EIGEN PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE EIGEN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE MOMO; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MOMO; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MOMO; OR (E) ANY OTHER MATTER RELATING TO MOMO. IN NO EVENT WILL THE EIGEN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EIGEN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MOMO OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF MOMO.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNITY,” “DISCLAIMER,” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Termination.
You agree that Eigen, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of Momo and remove and discard any content within Momo, for any reason, including for lack of use or if Eigen believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Momo may be referred to appropriate law enforcement authorities. Eigen may also in its sole discretion and at any time discontinue providing Momo, or any part thereof, with or without notice. You agree that any termination of your access to Momo under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Eigen may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Momo. Further, you agree that Eigen and Eigen’s affiliates will not be liable to you or any third party for any termination of your access to Momo.
Dispute Resolution By Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Eigen, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Eigen are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND EIGEN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EIGEN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
II. Pre-Arbitration Dispute Resolution
Eigen is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@teameigen.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Eigen should be sent to 261 Market St, STE 85076, San Francisco, CA 94114 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Eigen and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Eigen may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Eigen or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Eigen is entitled.
III. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Eigen and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Eigen agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
IV. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Eigen or you under the AAA Rules, Eigen and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Eigen will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Eigen will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
V. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
VI. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
VII. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Eigen agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Eigen written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
General.
These Terms (together with the terms incorporated by reference herein) constitute the entire agreement between you and Eigen governing your access and use of Momo, and supersede any prior agreements between you and Eigen with respect to Momo. These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims, you and Eigen submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of Eigen to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of Momo or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of Eigen, but Eigen may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via text message. Eigen will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Eigen’s reasonable control.