Terms of Service
END USER LICENSE AGREEMENT
Mesh
Last updated: August 1, 2024
The Mesh mobile message service (the "Service") is operated by Mesh (“Mesh”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Mesh’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Mesh through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program. Your participation in this program is completely voluntary. If you bring a friend, they are also held accountable for everything in these terms of service. By bringing a friend or guest, you agree that they have agreed to these terms and conditions.
You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (608) 285-2027or click the unsubscribe link (where available) in any text message to cancel your text messages. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Mesh mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1 (608) 285-2027 or email support@meshapp.us.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
“Connections” are defined as the events and anything related to those events that are curated and you are invited to by Mesh.
Mesh will not be responsible in any way for what happens at the connections or for expenses related to the connections that Mesh puts together.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
By downloading or signing up for the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof. Mesh LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules").
Mesh, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Mesh is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
Mesh is licensed to You (End-User) by Mesh LLC, ("Licensor"), for use only under the terms of this License Agreement.
1. THE APPLICATION
Mesh ("Licensed Application") is a piece of software created to join users through a simple process of being paired with three other people based upon the same place, time, and age group. — and customized for iOS and Android mobile devices ("Devices"). It is used to allow users to make more real, lasting friendships through the process of connection.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the terms and conditions and any applicable laws.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by the Licensor that replaces, repair, and/or supplement the first Licensed Application, unless a separate license is provided for the such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules and with Mesh LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application or any part thereof (except with Mesh LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup, keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version 2.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 Mesh LLC and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.mesh-local.com/privacy-policy
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you. If at any point you wish to delete your data you must reach out to Mesh by email at support@meshapp.us and explicitly state that you wish your data to be deleted. Mesh use Google to secure all its data and has taken every reasonable precaution to secure that. s
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, messages or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application
8.3 Licensor takes no accountability and responsibility in case of any damaging circumstance resulting during a "connection" meaning the process of meeting three other people through the connection feature of the Mesh.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Mesh LLC's sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Mesh LLC about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Mesh LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery or another option of Mesh LLC’s choosing.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Mesh LLC and the End-User acknowledge that Mesh LLC, and not the Services, is responsible for addressing any claims, to the best of their ability, of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation
(iv) any claims related to other users misbehaving at any point including but not limited to before, during and after a connection.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact
support@meshapp.us
13. TERMINATION
The license is valid until terminated by Mesh LLC or by You. Your rights under this license will terminate automatically and without notice from Mesh LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Mesh LLC represents and warrants that Mesh LLC will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Mesh LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Mesh LLC, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. AGE RESTRICTION
You must be at least 18 years old to use the Mesh app and services. By using the app, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not, under any circumstances or for any reason, use the services. We may, in our sole discretion, refuse to offer the services to any person or entity and change its eligibility criteria at any time.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Mesh LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.
18. PAID SUBSCRIPTIONS AND PREMIUM FEATURES
18.1 Premium Membership. Mesh offers a paid premium membership with additional features and benefits. By subscribing to our premium membership, you agree to the following terms in addition to our general Terms of Service.
18.2 Premium Features. Premium features may include, but are not limited to: a) A 10% discount off drinks from our partner coffeeshops, while supplies last. b) See all groups where users can see the groups at the same coffee shop as them. c) Set a preference for the side of town you meet on. Mesh will do its best to offer these features.
18.3 Limitations and Disclaimers: a) The list of partner coffeeshops is subject to change at any time without notice. b) Discounts and offers are subject to availability and may be withdrawn or modified at Mesh's discretion. c) Mesh does not guarantee the availability of any particular partner coffeeshop or discount. d) Premium features may be added, modified, or removed at any time at Mesh's discretion.
18.4 Recurring Billing and Cancellation: a) Payment will be charged to your iTunes account or Google Play account at confirmation of purchase. b) Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. c) Your account will be charged for renewal within 24 hours prior to the end of the current period. d) You can manage your subscription and switch off auto-renewal by accessing your iTunes & App Store Account Settings or Google Play Account Settings after purchase. e) No refunds will be issued for partial subscription periods.
18.5 Changes to Pricing and Terms: Mesh reserves the right to change subscription fees, discounts, or terms of the premium membership at any time. We will provide reasonable notice of any changes.
18.6 Termination of Premium Membership: Mesh reserves the right to terminate or suspend your premium membership at any time for violation of these terms or for any other reason at our discretion. No refunds will be provided for terminated memberships.
18.7 Real-Life Connections: As a real-life social connection app, Mesh facilitates in-person meetings between users. By using our service, you acknowledge and agree to the following: a) Mesh is not responsible for the actions, behavior, or safety of users during in-person meetings. b) You are solely responsible for your own safety and well-being during any in-person meetings arranged through our app. c) Mesh does not conduct background checks on users and makes no representations about the character or intentions of any users. d) You agree to exercise caution and use your best judgment when meeting other users in person. e) Mesh is not liable for any incidents, injuries, losses, or damages that may occur during or as a result of in-person meetings arranged through our app.
18.8 Partner Relationships: Mesh's relationships with partner coffee shops and other businesses are subject to change. Mesh is not liable for the actions, products, or services of these partners.
18.9 Intellectual Property: All content, features, and functionality of the premium membership are the exclusive property of Mesh and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
18.10 Limitation of Liability: In no event shall Mesh be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the premium features.
18.11 Indemnification: You agree to indemnify and hold Mesh harmless from any claims, losses, liability, or expenses (including attorneys' fees) that arise from your use of the premium features, violation of these terms, or infringement of any intellectual property or other right of any person or entity.
18.12 Governing Law and Jurisdiction: These premium membership terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within [Your County/State/Country] for the purpose of litigating all such claims or disputes.
All personal data is handled under the terms and conditions of Mesh's privacy policy.
19. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Missouri and the states which Mesh operates in, excluding its conflicts of law rules.
20. MISCELLANEOUS
20.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
20.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
20.3 Showing up to any Mesh LLC sponsored event hereby grants Mesh LLC permission to use my likeness in photographs, videos, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration unless you express that you wish for Mesh to not take photos.
20.4 By showing up to any connection or using any of Mesh’s service including but not limited to the Mesh app, connections, and texting are you agree to the most current terms of service.
End Agreement.