MONDO METRICS TERMS OF SERVICE
These terms apply to all use or access starting on January 1, 2024, at 12 a.m. EST
MONDO METRICS
Mondo Metrics offers a range of services, including a software platform that allows users to authenticate a pre-existing social media account and track aspects of the user’s social profile through detailed analytics that we provide.
YOUR AGREEMENT TO THESE TERMS OF SERVICE
Except as may be modified by specific agreements agreed in writing, these terms of service constitute your agreement concerning the use of all software and content (collectively, the “Services”) offered by Mondo Metrics, LLC (“Mondo Metrics”) to individuals 18 or older, whether for personal or corporate use. Your use of these Services means that you have agreed to all of these terms (together with future updates, the “Terms”) which include our Privacy Policy. From time to time we will update these Terms, and your continued use shall be deemed to be consent to all updates made in our sole discretion. By registering for and using these Services, you are giving us your assurance that you are fully authorized to do so and no rights of any kind will be transferred to you (other than your license).
YOUR LICENSE TO USE THE SERVICES
Except for User Content (as defined below), Mondo Metrics owns and/or has the exclusive right to control and operate the Services which are protected by relevant intellectual property laws. You agree that you will not use the Services in any way that is not specifically allowed or intended. This means, for example, that you can’t sell, reverse engineer, license, copy, change, display, publish, or create derivative works based on the Services. These Terms give you the non-exclusive limited right – called a royalty-free license – to use the Services so long as you comply with the Terms.
SOCIAL ACCOUNT AUTHENTICATION
When you register, you will have the ability to authenticate one or more of your social accounts (each, a “Social Account”). Following authentication, we can transfer data from the Social Account to Mondo Metrics which we will then analyze and add certain metrics. At all times, you remain responsible for complying with the terms of service and other policies of the Social Account (and you agree to indemnify us if you do not comply for any reason).
Data Sharing Agreement. As part of our data-sharing agreements, Mondo Metrics may share aggregated and anonymized social media data with participating entities. This data sharing enables participants to benefit from comprehensive metrics and insights across various platforms. By using our Services, you agree to the sharing of anonymized and aggregated data as outlined in our data-sharing agreements
YOUR MONDO METRICS ACCOUNT
When you register, individual creators are eligible to receive a free account and brand users are eligible to receive a paid account, consistent with whatever commercial terms are agreed under a separate license agreement. Picking and keeping a password is your responsibility, which includes being responsible for all activities that occur under your account or password. You agree that the information you provide to Mondo Metrics on registration and at all other times will always be true, accurate, current, and complete. If we believe that your account is inactive, we may terminate and delete it, including all User Content.
USER CONTENT
In addition to facilitating the transfer of data from a Social Account to our Services, we may also allow users to upload and/or input content while using the Services. This data and content is collectively referred to as “User Content” in these Terms. When you share your own User Content, including through Social Account authentication, you remain the owner (or authorized user) but you give the rights to us to use your User Content as explained in these Terms and as intended by the Services, including giving us the right to anonymize and aggregate aspects of User Content for our own commercial purposes. You agree that we have your consent – your “license” to us — to use your User Content to operate the Services. When you submit User Content through the Services, including when you authenticate a Social Account, the license you grant to us is a worldwide, non-exclusive, perpetual, transferable, assignable, royalty-free, and sublicensable right for us to use, copy, distribute, prepare derivative works of, modify, transfer, and publish your User Content, in whole or in part, in and through any media. The rights you grant in this section, including the license, survive the termination of your agreement with and use of the Services.
PROHIBITED CONDUCT
You agree that it is a violation of these Terms to:
– Use any feature or content, except as allowed or intended;
– Provide false or inaccurate information about anyone;
– Provide illegal content or other content that a reasonable person could find offensive, pornographic, threatening, hateful, racially, or ethnically offensive;
– Impersonate any person or entity or falsely claim an affiliation, access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
– Delete indications of copyright, trademark or other proprietary rights on the Services or User Content;
– Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
– Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
– Defame, harass, abuse, threaten, or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
– Use the Services if you are under the age of 13 years old or allow anyone under the age of 18 years to use the Services via your account;
– Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services or User Content;
– Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
– Except with Mondo Metrics’ express written consent and/or via an approved API, use any means of gathering data generated by or accessible through the Services for any purpose;
– Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
– Intentionally interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
– Disclose or use personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use;
– Except with Mondo Metrics’ express written consent, license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit the Services, Mondo Metrics programs, or materials available, to any third party other than those authorized by you, as expressly permitted under the terms of the agreement.
THIRD-PARTY CONTENT AND SOFTWARE
Mondo Metrics may make certain third-party content and/or software available to you for use as part of the Services. All such software or other content that you use is subject to the third-party provider’s terms and conditions.
COPYRIGHT AND INTELLECTUAL PROPERTY VIOLATIONS
Mondo Metrics takes copyright infringement seriously, and it is our policy to respond to clear notices of alleged copyright infringement. Upon receipt of a Digital Millennium Copyright Act (“DMCA”) compliant notice, Mondo Metrics will do its best to remove or disable access to the content that is the subject of the notice. The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached at notices@mondometrics.co. Only copyright/DMCA notices should go to Mondo Metrics’ Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to Mondo Metrics through support@mondometrics.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
SUSPENSION AND TERMINATION; TERMS OF SERVICE VIOLATIONS
You agree that Mondo Metrics, in its sole discretion, for any or no reason, and without penalty, may suspend and/or terminate any account (or any part thereof) you may have with Mondo Metrics or your use of the Services and remove and discard all or any part of your account, User profile, and any User Posting, at any time. Mondo Metrics may also in its sole discretion and at any time discontinue providing the Services, access to the Services, or any part thereof, with or without notice. You agree that any suspension and/or termination of your access to the Services or any account you may have or portion thereof may be affected without prior notice, and you agree that Mondo Metrics will not be liable to you or any third party for any such suspension and/or termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Mondo Metrics may have at law or in equity. As discussed herein, Mondo Metrics does not permit copyright-infringing activities on the Services and may suspend and/or terminate access to the Services and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (a) the Services or Mondo Metrics, (b) any term of these Terms, (c) any policy or practice of Mondo Metrics in operating the Services, or (d) any content or information transmitted through the Services, is to terminate these Terms and your account. You may terminate these Terms at any time by deleting your account with the Services and discontinuing use of any and all parts of the Services. Notwithstanding any such termination of this Terms of Service by you, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
INDEMNIFICATION
You agree to indemnify, save, and hold Mondo Metrics, its affiliated companies, contractors, employees, agents, and its third-party suppliers, licensors, and partners and their affiliated companies, contractors, employees, and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, including any decisions made in reliance on any data or other information provided by Mondo Metrics, any violation by you of these Terms, or any breach of the express or implied representations, warranties, and covenants made by you herein. Mondo Metrics reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Mondo Metrics and its third-party suppliers, licensors, and partners, and you agree to cooperate with Mondo Metrics’ defense of these claims. Mondo Metrics will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
DISCLAIMERS; NO WARRANTIES
We do not make any promises or guarantees concerning the Services or the actions (or inactions) and, as with any legal agreement, advise you to seek independent legal counsel with any questions relating to the Services prior to registration and use (and agreeing to these Terms).
To the fullest extent permissible pursuant to applicable law, Mondo Metrics, and its affiliates, partners, licensees, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, all with regards to the Services, your use thereof. No advice or information, whether oral or written, obtained by you from Mondo Metrics or through the services will create any warranty not expressly stated herein. You expressly acknowledge that as used herein the term Mondo Metrics includes Mondo Metrics’ officers, directors, employees, shareholders, agents, licensees, licensors, and subcontractors and their officers, directors, employees, shareholders, and agents. You expressly agree that use of the services is at your sole risk. The services and any data, information, third-party software, user content, third party sites, services, or applications made available in conjunction with or through the services are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
Mondo Metrics, its suppliers, licensees, licensors, affiliates, and partners do not warrant that the data, user content, functions, or any other information offered on or through the services or any third party sites will be uninterrupted, or free of errors, viruses, or other harmful components and do not warrant that any of the foregoing will be corrected. Mondo Metrics, its suppliers, licensees, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the services or any third party sites in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Services or any third party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
LIMITATION OF LIABILITY AND DAMAGES
Under no circumstances, including, but not limited to, negligence, will Mondo Metrics or its affiliates, contractors, employees, agents, or third-party partners, licensees, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these Terms, your use of or your inability to use the Services or any third party sites, or any other interactions with Mondo Metrics, even if Mondo Metrics, its third-party partners, licensees, licensors, or suppliers or an Mondo Metrics authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Mondo Metrics’ liability, and the liability of its third-party partners, licensees, licensors, or suppliers, if any, will be limited to the fullest extent permitted by applicable law.
In no event will Mondo Metrics or its affiliates, contractors, employees, agents, or third-party partners, licensees, licensors, or suppliers total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the services or your interaction with other services users (whether in contract, tort including negligence, warranty, or otherwise), exceed one hundred dollars.
These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any third party sites, applications, services, or otherwise by third parties other than Mondo Metrics and received through or advertised on the services or received through any third party applications or sites.
You acknowledge and agree that Mondo Metrics has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Mondo Metrics and its third-party partners, licensees, licensors, or suppliers, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Mondo Metrics. Mondo Metrics would not be able to provide the services to you on an economically reasonable basis without these limitations.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
MISCELLANEOUS
Notice. Mondo Metrics may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services. Notice will be deemed given twenty-four hours after the email is sent, unless Mondo Metrics is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such a case, notice will be deemed given three days after the date of mailing. Notice posted on the Services is deemed given 30 days following the initial posting.
Waiver. The failure of Mondo Metrics to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mondo Metrics.
Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mondo Metrics without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Mondo Metrics relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Mondo Metrics.
Claims. YOU AND MONDO METRICS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The Services provided hereunder are offered by Mondo Metrics, LLC, 418 Broadway #8287, Albany, NY 12207. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
DISPUTE RESOLUTION AND ARBITRATION
These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. For any claim related to these Terms of Service or the Services, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Mondo Metrics or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms or Mondo Metrics will be filed only in the state or federal courts in and for New York County, New York, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in this Section 18 regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
All claims you bring against Mondo Metrics must be resolved in accordance with this Section 18. All claims filed or brought contrary to this Section 18 shall be considered improperly filed. Should either party file a claim contrary to this Section 18, the other party may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.