This User Agreement (Agreement) contains the terms and conditions for using MeaVana. Please read this Agreement carefully. By using MeaVana you are accepting this Agreement. If You do not accept the terms and conditions of this Agreement, please do not use MeaVana.
“Company” or “us” means the entity who owns MeaVana and provides You a license under this Agreement to use the Licensed Software.“You” or “User” means any individual or entity who uses MeaVana. If the User is an entity, the person accepting this Agreement represents and warrants that they have the authority to accept this Agreement on the entity’s behalf.“Software” or “Licensed Software” means the web-based software extension called MeaVana along with its related functionalities and services. “Website” means the MeaVana website along with its related functionalities and services. “Apps” means all mobile phone and other applications that provide MeaVana services or functionalities. The Software, Website, and Apps are together referred to as “MeaVana”.“Services” means the MeaVana features, functionalities and services.“Start Date” means the date on which a User first installs the Software or first uses any Services.“User Data” means all electronic data or information about a User that is submitted by the User in connection with installing and using the Software, the Website, the Apps, or any Services.“Usage Data” means all electronic data or information about the User’s usage of MeaVana that is recorded by the Software, the Website, or the Apps.
Subject to the terms of this Agreement and payment of any applicable fees, the Company grants the user a royalty-free, non-exclusive, non-transferable license to download, install and use the Licensed Software in order to access the Services solely for use by the User.
User and Usage Data
Use by Children Under 16
By using MeaVana, you represent and warrant that you are at least 16 years of age. No one under the age of 16 may use MeaVana except with the consent of (and under the guidance and supervision of) their parents, guardians and/or authorized school officials.Authorized school officials in the United States or in the EU who want their students to use MeaVana are responsible for complying with the U.S. Children's Online Privacy Protection Act ("COPPA") and, to the extent applicable, the Family Educational Rights and Privacy Act ("FERPA"), or the GDPR policy, respectively.This means that such school officials (i) must notify the students' parents/guardians of the personally identifiable information that the Company will collect, and (ii) will obtain parental/guardian consent before their students establish MeaVana accounts or use any MeaVana Services. All consents must be kept on file and provided to the Company upon request.School officials located outside of the United States or the EU must obtain any required consent or approval from the parent or guardian of any student covered by any similar laws, and, as a condition to their and their students' use of MeaVana, will be responsible for complying with such laws.If the Company becomes aware that a child under the age of 16 has provided personal information without the consent of a parent, guardian and/or an authorized school official, the child’s account and information will be deleted.
The Company makes commercially reasonable efforts to provide support for the MeaVana Services. MeaVana Support can be accessed through the “settings” menu provided in the user interface of the Software, Website and Apps.
Disclaimer of Warranties
To the greatest extent permitted by applicable law, the Licensed Software, Website and Apps, along with all Services and technical support, are provided on an "as is" basis. There are no warranties, representations or conditions, express or implied, written or oral, arising by statute, operation of law, course of dealing, usage of trade or otherwise, regarding them or any other product or service provided by the Company under this agreement or in connection with this agreement. The Company disclaims any implied warranties or conditions of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement. The Company does not represent or warrant that the Software, Website, Apps or Services shall meet any or all of the User’s particular requirements, that the MeaVana software will operate error-free or uninterrupted, or that all errors or defects in the MeaVana software can be found or corrected. Notwithstanding the above, if applicable law in any jurisdiction mandates a more extensive warranty, such applicable law shall apply.
Limitation of Liability
To the greatest extent permitted by applicable law, in no event shall the Company be liable to the User or to any other person for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including, without limitation, any legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, loss of computer time, cost of substitute goods or services, or failure to realize expected savings or any other commercial, economic or other losses arising out of or in connection with this Agreement, even if the Company has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.In any event, the Company’s liability and the User’s exclusive remedy with respect to the Software, Website, Apps, Services, technical support, and/or any other products or services supplied by the Company in connection with this agreement for damages for any cause (regardless of the cause of action, whether in contract or in tort, including, without limitation, fundamental breach or negligence) will be limited in the aggregate to the amounts paid by such User to the Company for the Software, Website, Apps, Services, technical support and/or other products or services giving rise to the claim.
User’s Acknowledgement of Disclaimers and Limitation of Liability
The Company’s disclaimer of representations, warranties and conditions and the limitation of liability set forth in this Agreement constitute an essential part of this Agreement and may be referred to herein as the “Essential Conditions”. You understand and acknowledge the significance of the Essential Conditions and that without the Essential Conditions neither the Company nor any of its licensors or suppliers would (i) grant You the rights granted in this Agreement; or (ii) provide MeaVana Services to You.
Intellectual Property and Proprietary Rights
The Software, Website and Apps are the sole intellectual property of the Company. The User understands, acknowledges and agrees that the User has no rights or claims with respect to the Software other than the rights specified in the Software License herein strictly on the terms and conditions set forth in this Agreement. The User understands, acknowledges and agrees that the Licensed Software, Website and Apps contain confidential and proprietary information and trade secrets belonging to the Company and to any other entities who have provided licenses to the Company, and that the business of the Company and such other entities depends on preserving the confidentiality of such information and trade secrets. The User represents and warrants that the User does not intend to decompile, disassemble or otherwise reverse engineer the Software, Website or Apps. You agree that You shall not decompile, disassemble or otherwise reverse engineer the Software, Website or Apps.
Uninstalling the Software
Users can uninstall the Licensed Software at any time by following the process outlined in their browser’s help documentation. You may also find instructions for uninstallation in the FAQ section of the MeaVana website.
Purchases and Subscriptions
Some of the MeaVana Services may be offered on a paid basis from time to time (“Paid Services”). Users may receive in-app, email and/or other messages announcing the Paid Services. MeaVana reserves the right to start charging for Services that were previously provided free of charge. In such an event, Users will have the choice to purchase (or subscribe on a paid basis to) such Services or to stop using them. If You subscribe to any Paid Services on an automatic renewal basis, You will be charged automatically for each renewal period until You cancel your subscription. You may cancel your subscription to any Paid Services at any time by logging in to your account. If You cancel your subscription to any Paid Service, you may continue using it until the end of the paid-up term and You will not be charged again after that. Because certain MeaVana functionalities may be utilized without a subscription, canceling your subscription does not remove your profile from MeaVana. You will be provided a number of third party payment options to pay for Paid Services (such as credit cards, PayPal, Amazon Pay, and/or others). The User understands and accepts that all their payments to MeaVana will be processed by such third party payment services and customary User information will be provided by the User and MeaVana to such third parties. The terms of agreements between You and the financial institution, credit card issuer, or other provider of your chosen payment method will apply. The User understands and accepts that the Company does not control or have responsibility for any third party payment services, including, without limitation, their functionality or data handling practices. If a payment is not successfully processed (due to expiration, insufficient funds, or otherwise) You will remain responsible for any uncollected amounts and You authorize the Company to continue billing your payment method. You authorize the Company to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
Term and Termination
This Agreement is entered into by mutual consent of the Company and the User and either party may terminate this Agreement at any time and for any reason (or without any reason, in the sole discretion of the terminating party). Accordingly, the term of this Agreement will begin on the Start Date and will continue until the earliest of:(i) with respect to Services provided free of charge, until the User continues to use MeaVana;(ii) with respect to Paid Services, for as long as the User continues their paid subscription and pays all applicable fees and charges; or(iii) the date the Company terminates the Agreement in its sole discretion. The User’s rights to use and access MeaVana and the Services will terminate immediately upon termination or expiration of this Agreement. Expiration or termination of this Agreement will not affect any obligations the User may have to pay any outstanding amounts owing to the Company.The User will not be entitled to a refund of any amounts paid or payable by the User if this Agreement is terminated by the User or if it is terminated by the Company for a breach of terms by the User. If this Agreement is terminated by the Company for any reason other than a breach of terms by the User, the User shall be entitled to a refund of the pro-rated unused portion of any amount the User has already paid.Sections 1, 6, 7, 8, 9, 12 and 15 of this Agreement shall survive the expiration or termination of this Agreement.
Formats. Capitalized terms in this Agreement shall have the specifically defined meaning herein. All formatting in this document is solely for convenience and shall not be construed to affect the meaning of any provisions. As used in this document, any reference to the singular form shall include the plural form, and the use of any gender shall mean and include all genders, unless implied otherwise by the context. All forms of use of any pronoun (for example, “we” “us” “our” etc.) can be used interchangeably without altering the meaning of any provision. No Waiver. No delay or failure in exercising any right under this Agreement, or any partial or single exercise of any right, will constitute a waiver of that right or any other rights under this Agreement. No consent to a breach of any express or implied term of this Agreement constitutes consent to any subsequent breach, whether of the same or any other provision. Severability. If any provision of this Agreement is (or becomes) unenforceable, it will be rewritten or interpreted to reflect the original intent of the parties as closely as possible without being unenforceable; and if no such rewriting or interpretation is possible, such provision will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.Assignment. The User may not transfer or assign this Agreement (whether voluntarily, by operation of law, or otherwise) without the Company’s prior written consent. The Company may assign this Agreement to any person or entity at any time without notice. This Agreement is binding upon and will inure to the benefit of both parties, and their respective successors and permitted assigns.Governing Law and Jurisdiction. This Agreement shall be governed by the laws of Delaware, U.S.A., without regard to any conflict of laws provisions. The User consents and agrees that the courts of Delaware shall have exclusive jurisdiction over any legal action or proceeding brought by either party arising out of or relating to this Agreement.Entire Agreement. This Agreement is the entire understanding and agreement between the User and the Company with respect to the subject matter hereof, and it supersedes all prior negotiations, commitments and understandings, verbal or written.
If you have any questions about this Agreement, please contact us.