My Things, LLC d.b.a. at MangeMyThings (mobile app)
Last update: August 5, 2020
This is a legal agreement between you and our company, My Things, LLC (DBA Manage My Things). By taking the steps described below, you acknowledge that you have read this end user license agreement, understand it and agree to be bound by its terms.
Certain proprietary software, (MOBILE APP) which is subject to the terms and conditions of this agreement, shall be made available after agreeing to this agreement.
IF YOU INTEND TO USE THE SOFTWARE FOR COMMERCIAL PURPOSES, THIS AGREEMENT SHALL APPLY TO BOTH YOU AND YOUR COMPANY. BY AGREEING TO THIS AGREEMENT YOU REPRESENT AND AFFIRM THAT YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT ON YOUR OWN BEHALF OR ON BEHALF OF YOUR COMPANY, YOU AND, IF APPLICABLE, YOUR COMPANY ACCEPT THIS AGREEMENT, AND YOU AND, IF APPLICABLE, YOUR COMPANY AGREES TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
“Affiliate” means an entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with (as applicable for each party to this Agreement) us or you. The term “control” (including the terms “controlled by” and “under common control with”) means the possession of the power to direct or cause the direction of the management and policies of an entity.
“Admin” means users selected by an Owner to authorize and control users of an account.
“Authorized User” means your account’s Subscriber or primary user, and in the case of a commercia application, Admins, Owners, Managers, and Members (as defined below) acting within the scope of the license.
“Software” means the mobile application software that is made available after agreeing to this Agreement.
Ownership and Licensee’s Affiliates.
My Things, LLC (or our Affiliates, or the licensors to us or our Affiliates) own and shall retain all right, title, and interest in and to the Software, including all trade secret rights, copyrights, patent rights, and any other proprietary and intellectual property rights embodied in or relating to the Software. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. You own the information you submit through our Software.
To subscribe to our mobile application, you must register for our Software using according to the rules and processes of The App Store or Google Play. For the purposes of your exercise of the license granted herein and your commitments with respect to the Confidential Information, you shall be responsible for the acts and omissions of your Affiliates under this Agreement as if they were your acts and omissions.
License Grant and Restrictions.
In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Software. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software during the term of this Agreement, solely to the extent necessary for your (and your Affiliates’) own internal purposes and then solely by your Authorized Users. The Software many not be copied, in whole or in part, except as is essential for your use as authorized herein. Rights and licenses not expressly granted are reserved by us.
You shall not permit any person to remove any identification, confidentiality, copyright, or other notices from the Software or to create a derivative work of any part of the Software. You shall not translate, adapt, modify, decompile or reverse assemble any protection code or any program modules, nor shall you analyze or otherwise examine any such Software for reverse engineering purposes. You may not re-license the Software or use the Software for third-party training, commercial time-sharing, rental or service bureau use.
You agree to use our Software only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Software in ways that: (a) violate or infringe our rights, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and auto-dialing.
Fees. Through the App Store & Google Play, your annual subscription fee is set at $9.99 per user and it is billed annually until you terminate the subscription. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Software.
Confidentiality. You acknowledge and agree that the Software and any and all information with respect to the Software, including, without limitation, information regarding the features, functionality or performance of the Software (collectively, the “Confidential Information”) is confidential and proprietary to us. You may not disclose, communicate or divulge or permit disclosure, communication or divulgence to another, or use for your own benefit or the benefit of another, any such Confidential Information, except to the extent expressly permitted in the license grant set forth herein. The existence of any copyright notice shall not be construed as an admission that publication for trade secret purposes has occurred.
Warranties and Disclaimers.
Each party represents and warrants to the other party that it has the full and unrestricted right, power and authority to enter into this Agreement and to perform its obligations in accordance with the terms of this Agreement.
Warranty Disclaimers. We do not make any representation or warrant that is not expressly set forth in this user agreement. And on behalf of ourselves and our affiliates, we expressly disclaim all representations and warranties, whether expressed, statutory, implied or otherwise, including merchantability ad fitness for a particular purpose, non-infringement, arising from any course of dealing, usage, or trade practice, respecting the accuracy of the output of the information or the results that may be obtained or derived through the use of the software which is provided “AS IS.”
Limitations of Liability. (a) In no event shall we, or our affiliates or our respective licensors, officers, directors, advisors, employees, representative, students, independent contractors, or agents be responsible or liable for any indirect, special, incidental, consequential or punitive damages whatsoever, lost profits, or lost data, whether grounded in tort (including negligence and product liability), strict liability, contract, or otherwise. In no event shall our aggregate liability arising out of or in connection with this agreement exceed the amounts paid by you for the software in the six (6) months prior to the claim.
Term and Termination.
The initial term of this Agreement shall be for one year commencing as of the date hereof. Thereafter, the term of this Agreement shall automatically renew for successive one (1) year terms unless one party terminates the subscription through the App Store or Google Play.
We may terminate this Agreement upon your breach of any provision of this Agreement.
On termination of the license, however occurring, you shall return the Software or, upon our request, destroy all of the Software (and including all copies). At our request, you will also promptly provide written certification of your compliance with the foregoing. Upon expiration of the term or the termination of this Agreement, you agree to cease all use of the Software. All rights and obligations that become absolute before expiration or termination of this Agreement or that are of a continuing nature shall survive any expiration or termination of this Agreement.
You must be at least 18 years old to use our Software. The minimum age to use our Software without parental approval may be higher in your home country.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles. We both hereby unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in or for Boston, MA, for any action, suit or proceeding arising out of or relating to this Agreement.
This Agreement may not be assigned or transferred by you.
You are responsible for monitoring your use of the Software to ensure compliance with this Agreement. In the event we have reasonable grounds to believe that there is a discrepancy between your use of the Software and the Agreement, we may notify you and work with you in good faith to resolve such discrepancy. If the discrepancy is not resolved to our reasonable satisfaction, we, or our independent accountants, may audit your use of the Software for compliance with this Agreement. Such audit shall be conducted during your normal business hours and upon reasonable advance notice.
We both agree that a breach of this Agreement adversely affecting our proprietary and/or intellectual property rights in any portion of the Software and/or any Confidential Information will cause irreparable injury to us for which monetary damages are not an adequate remedy, and we shall be entitled to equitable relief in addition to any remedies we may have hereunder or at law.
Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. If for any reason any provision of this Agreement is unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Headings are for reference purposes only.
This Agreement sets forth the entire understanding between the parties concerning the subject matter hereof and supersedes all contemporaneous and prior agreements with respect to the subject matter hereof. In the event of an unavoidable conflict between the terms and conditions in this Agreement and in any other agreement between the parties, the terms and conditions in this Agreement shall prevail to the extent that they are more restrictive of your (and/or your Affiliates’) access and use of the Software and/or more protective of us (and/or our Affiliates’) Confidential Information. None of your purchase order terms or acknowledgements shall modify or supersede the terms of this Agreement. This Agreement may be amended only in a writing signed by authorized representatives of both of us.
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My Things, LLC PRACTICES REGARDING YOUR PRIVACY
Mobile Application Manage My Things cannot see or have access in any way the locally stored contents “things” saved in your folders, reports, contacts and or other files. We do provide secure cloud-based back-up in case of a lost or damaged mobile device. We embrace privacy by design. You are responsible for keeping your mobile device, PDF reports for sharing and your overall account safe and secure.
We at My Things are committed to respecting your privacy and recognize your need for appropriate protection and management of any information you share with us. This policy describes how My Things services, collects, shares and uses personal information about you, and how you can exercise your privacy rights. This policy applies to the information we collect from you, including through the website and other advertising mediums, including but not limited to email, newsletters, conference sign ups and leave-behinds. This policy does not apply to the practices of companies that My Things does not own or control, or to people that My Things does not employ.
COOKIES AND RELATED TECHNOLOGIES
INFORMATION COLLECTED BY MY THINGS
Personal Information: In some cases, we collect information that you may choose to provide to us and in other cases we may collect personal information automatically.
Information that you provide voluntarily:
Information collected through our website: Certain parts of our website may ask you to provide personal information voluntarily: for example, we may ask you to provide your contact details (such as your name, email address and phone number) if you request a demo or meeting with us, or if you otherwise contact us by e-mail using a contact form on the website.
Information collected when you communicate with us (by mail, fax, or other means): We collect the personal information contained within, and associated with, your correspondence with us.
Information that we collect automatically: When you visit our website, we may collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws.
Specifically, the information we collect automatically may include information like your IP address, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our website, including the pages accessed and links clicked.
The types of information we collect from third parties include name, company, role, location, and topics of interest, and we use the information we receive from these third parties to maintain and improve the accuracy of the records we hold about you and to communicate with you about any relevant products or services.
HOW COLLECTED INFORMATION IS USED
The information that My Things collects automatically through cookies and other similar technologies is used for analytics purposes, marketing and sales efforts to better target advertisements and other content in an effort to create a more personally relevant experience.
The personal information that you voluntarily provide to us may be used to provide you with the requested services, to manage your account and to respond to your enquiries. For information on how to opt-out and unsubscribe from our marketing communications, please read the “Your Choice and Rights” section below.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION (EEA VISITORS ONLY)
If you are a visitor from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “CONTACTING US” heading below.
SHARING INFORMATION WITH THIRD PARTIES
- to any other person with your consent to the disclosure.
Wherever your personal information may be held within My Things or on its behalf, we intend to take appropriate technical and organizational measures to protect the information you shared with us from access or disclosure not in compliance with this Policy. Please note that while My Things will make reasonable efforts to protect your information, no transmission of data over the Internet is 100% secure.
Your CHOICE and Rights
You have the following data protection choice and rights:
If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “Contacting Us” heading below and by providing us with the name of the service for which information was provided, your full name, mailing address, phone number and email address so that we may identify you. In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. You can exercise these rights by contacting us using the contact details provided under the “Contacting Us” heading below. You have the right to opt-out of marketing communications we send you at any time. If you no longer wish to receive our newsletters, surveys or promotional communications via email, you may opt-out by clicking here and following the instructions to unsubscribe. You can also exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you or by contacting us using the contact details provided under the “Contacting Us” heading below. Please be aware that even after you opt-out from receiving our newsletters, surveys or promotional communications, you will continue to receive administrative messages from us, for example, in relation to a demo or other services you have requested from us. Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
In compliance with the Children’s Online Privacy Protection Act (COPPA) and similar laws applicable to websites directed at people under 18 years of age, is not structured to attract children. Accordingly, we do not knowingly collect personal information from anyone under 18 years of age. The web site and its content are directed to people who are at least 18 years of age or older. If you are under the age of 18, you may not use this web site unless you have the consent of, and are supervised by, a parent or guardian.
UPDATES TO THIS POLICY
My Things, LLC dba ManageMyThings
7 Inverness Rd
Winchester, MA 01890