Maven Messenger and Maven WebChat Terms of Use

These Maven Messenger and Maven Webchat Terms of Use (“TOU”) are between you (“you” or “your”) and Maven (“Maven,” “us,” “our” or “we”) and they govern your download, access and use of Maven Messenger and Maven Webchat via third party websites and platforms, our mobile app and website, and other available channels.

Applicability of TOU and Privacy Policy; Amendments

By downloading, accessing and/or using Maven Messenger and/or Maven Webchat, you agree to this TOU, so please read this TOU carefully.  Please also carefully review our Privacy Policy.  It explains how we collect, use and share information about you when you use Maven Messenger or Maven Webchat.  If you do not accept the TOU or the Privacy Policy, then you may not use Maven Messenger or Maven Webchat.We reserve the right to update and/or change the TOU and Privacy Policy at any time without notice. Changes to the TOU and changes to the Privacy Policy will be effective immediately upon posting on our website and you agree to the updated TOU changes, and the updated Privacy Policy by continuing to use Maven Messenger or Maven Webchat.

Maven Messenger and Maven Webchat allow you to do the same fundamental thing: communicate and connect with a “brand” (which refers to a business, organization or other entity) about the brand’s products and services. As further described below and elsewhere in this TOU, however, there are differences between Maven Messenger and Maven Webchat and how they enable you to engage in communications and the contractual terms associated with each of them. 

What is Maven Messenger and the Maven Messenger Network?  “Maven Messenger” is an application that allows you to communicate and have a conversation with a brand and Maven via messaging and that helps facilitate your interactions with brands and Maven. Maven Messenger may also be used to view products and services of, and receive content and information from, brands that appear in a network or marketplace offered by Maven (the “Maven Messenger Network”).  In order to use Maven Messenger, you may need to download the Maven Messenger application to your device from authorized third party sites (for example, Apple’s App Store, Google Play) and ensure that updates, when available, are implemented. You can read more about the Maven Messenger Network and what Maven Messenger offers by clicking
here

What is Maven Webchat? “Maven Webchat” is a web-based chat tool that allows you to communicate with a brand while you are on the brand’s website. In order to use Maven Webchat, you click on the “chat”, “webchat” or similar button or window that appears on the brand’s website and you begin a conversation with the brand.

As used in this TOU, “Services” refers to Maven Messenger, Maven Messenger Network and Maven Webchat.

Our Software

License. Maven gives you a personal, worldwide, non-assignable and non-exclusive license to access and use the Service solely for your personal enjoyment, as permitted by the TOU.  We retain all rights not specifically given to you. Your license does not give you the right to copy, modify, create derivative works from, sell, distribute, transfer or license any part of the Service or included content, and you may not reverse engineer, alter or modify, or attempt to extract source code from, any part of the Service, or access the Service or any content to build a similar or competing service.  You may terminate this license at any time and for any reason by deleting the app and/or closing the web client and discontinuing your use of the Service.   

Ownership. Maven exclusively owns all intellectual property rights in the Service, including any copyrights, trademarks, trade secrets, patents, technologies, information, know-how and, except for Community content that is licensed to us as described under “Content on Maven Messenger,” owns all rights in any content or data transferred or received through the Service, including any metrics, data, and information generated by Maven, the Service, or our systems, whether pre-existing or created after the date that you agree to these TOU, including any modifications, enhancements, and derivatives to such intellectual property rights.

Acceptance of Terms of Use for Conversational Cloud

The “Conversational Cloud” is a solution offered by LivePerson, Inc. that enables consumers to communicate with brands via messaging and other communication channels. Maven Messenger and Maven Webchat rely on Conversational Cloud technology and services in order to operate. Maven Messenger and Maven Webchat are offered subject to all terms and conditions applicable to Conversational Cloud set forth at Terms of Use for Conversational Cloud and by using Maven Messenger or Maven Webchat you are agreeing to the Terms of Use for Conversational Cloud.

The Terms of Use for Conversational Cloud are in addition to this TOU.  Please review the Terms of Use for Conversational Cloud to ensure that they are acceptable to you.  In the event of any conflict between any term of this TOU and any term of the Terms of Use for Conversational Cloud, the terms set forth in the Terms of Use for Conversational Cloud shall control.

Consent, Compliance with Applicable Law, Messaging and Opting Out

Consent. In order to use Maven Messenger, you must provide your name and the phone number of a mobile device that you own. By using the Services, you agree that Maven may use your phone number and username, and other personal data that you choose to share with Maven, all as described in these TOU and in our Privacy Policy. When you use the Services, you agree that Maven can share your information with the brands and other third parties you connect with, and that Maven can send and receive messages on your behalf. Maven may from time to time require you to provide one or more additional consents in order to deliver the Services. If you are not willing to provide a consent or other confirmation requested by Maven, you may not be able to use the Services. If you do not consent to any term of or referenced in this TOU you are not permitted to use the Services. 

Compliance with Applicable Law.  State, federal and local laws, rules and regulations (including, but not limited to, CAN-SPAM and TCPA) govern the use of messaging and other communications services. You must abide by all applicable laws, rules and regulations related to your use. Maven offers a platform and it is up to each sender and other user to ensure that they comply with all applicable laws, rules and regulations. To the extent permitted by applicable law, by using any of the Services, you expressly agree that you will not take action under CAN-SPAM, TCPA or any other applicable laws, rules or regulations regulating messaging against Maven or brands or other third parties that form part of the Maven Messenger Network.  

Messaging and Opting Out. You understand that wireless carriers may charge fees for data, messaging and/or other wireless access when you use the Services and that you are responsible for these fees. You may choose to opt out of communications from Maven Messenger during the registration process or by otherwise communicating your preferences to us. You may choose to opt out of communications with a brand at any time by leaving the conversation.

You Are Responsible for Your Communications, Device and Account

Your Communications. Your communications via the Services and any content you communicate, transmit or display via the Services are your responsibility.  Your communication with a brand or other third party is as between you and the brand or other third party. You are solely responsible for verifying the identity and qualifications and other relevant information about any brand or other third party. You should not make any health, legal, financial or other important decision based on third party advice provided via the Services.  We recommend that you visit a qualified professional.  Any reliance on content, advice or information that you receive through a third party via the Services is at your own risk.  We are not responsible for any loss, damage, or injury you may have or incur. Additional responsibilities related to your use of the Services are included in this TOU. If you do not agree with any of the responsibilities or other terms in this TOU, do not use the Services. 

Your Device and Account. You are responsible for your mobile devices and any related equipment and service plans you need to use the Services and you are responsible for updating your information if your number or any other contact information changes. We cannot and do not guarantee that you will be able to access the Service on all devices, in all geographic locations or at all times. Please be careful with your device. You are responsible for any and all activity that happens through or via your Maven Messenger account, your Device and your browser.

Our Software

License.  Maven gives you a personal, worldwide, non-assignable and non-exclusive license to access and use the Services solely for your personal enjoyment, as permitted by this TOU. We retain all rights not specifically given to you. Your license does not give you the right to copy, modify, prepare derivative works based on, sell, distribute, transfer or license any part of the Services or any content included or made available via the Services, and you may not reverse engineer, alter or modify, or attempt to extract source code from, any part of the Services, or access the Services or any content to build a similar or competing service. You may terminate this license at any time and for any reason by deleting Maven Messenger from your devices and by closing any open web chat and discontinuing your use of the Services.

Ownership. Maven and its affiliates exclusively own all intellectual property rights in the Services, including any and all copyrights, trademarks, trade secrets, patents, technologies, information and know-how in or associated with the Services, including any metrics, data, and information generated by Maven, the Services, or our systems, whether pre-existing or created after the date, and any and all modifications, enhancements, and derivatives to such intellectual property rights. You expressly acknowledge and agree to the foregoing.

Content sent via the Services

User Content. The Services allow businesses, consumers and other users to send and share information, messages, materials content, data, text, graphics, photos and videos (collectively, “Content”). When using the Services, you may send and share Content with brands. You are responsible for all Content that you make available via the Services and for your communications via the Services. Any Content that you share must be accurate and current and you must have all rights necessary to share such Content. 

We may in our sole discretion, but we are under no obligation to, review Content sent through the Services, and we may edit and/or remove Content in our discretion if we feel it is necessary (for example, if it violates our policies or the law) or reasonable or improves user experience. While we have the option to review Content, please do not assume that that we do. We cannot and do not guarantee that any Content will be accurate, reliable, or complete. You may encounter Content that you find offensive, indecent or objectionable. We are not responsible for any Content.   

Maven Messenger Network Content. If you share Content via the Maven Messenger Network, you will be identified as the contributor of the Content and we may share location information and allow other users to browse, view and read your Content and respond to it by sending you messages. When you share this Content, you grant Maven a worldwide, royalty-free, non-exclusive, irrevocable, transferable and sublicensable license to use, host, copy, store, modify, publish, create derivative works from, and distribute the content (or any part) and to incorporate it in other works in order for us to improve the Services and develop new services. This license continues even if you stop using our Services and includes the right for us to make your data and Content available for distribution or publication by companies that Maven works with. Accordingly, it is your responsibility to confirm that you have all rights necessary to submit Content via the Maven Messenger Network and/or and grant us this license.

Reporting Inappropriate Content. To report and/or block any inappropriate content, please contact Maven support at success@mavenapp.com. If you believe that any content violates the copyright of you or a third party, please follow our copyright violation reporting process described below.

Acceptable Use

User Content. The Services allow businesses, consumers and other users to send and share information, messages, materials content, data, text, graphics, photos and videos (collectively, “Content”). When using the Services, you may send and share Content with brands. You are responsible for all Content that you make available via the Services and for your communications via the Services. Any Content that you share must be accurate and current and you must have all rights necessary to share such Content. 

We may in our sole discretion, but we are under no obligation to, review Content sent through the Services, and we may edit and/or remove Content in our discretion if we feel it is necessary (for example, if it violates our policies or the law) or reasonable or improves user experience. While we have the option to review Content, please do not assume that that we do. We cannot and do not guarantee that any Content will be accurate, reliable, or complete. You may encounter Content that you find offensive, indecent or objectionable. We are not responsible for any Content.   

Maven Messenger Network Content. If you share Content via the Maven Messenger Network, you will be identified as the contributor of the Content and we may share location information and allow other users to browse, view and read your Content and respond to it by sending you messages. When you share this Content, you grant Maven a worldwide, royalty-free, non-exclusive, irrevocable, transferable and sublicensable license to use, host, copy, store, modify, publish, create derivative works from, and distribute the content (or any part) and to incorporate it in other works in order for us to improve the Services and develop new services. This license continues even if you stop using our Services and includes the right for us to make your data and Content available for distribution or publication by companies that Maven works with. Accordingly, it is your responsibility to confirm that you have all rights necessary to submit Content via the Maven Messenger Network and/or and grant us this license.

Reporting Inappropriate Content. To report and/or block any inappropriate content, please contact Maven support at success@mavenapp.com. If you believe that any content violates the copyright of you or a third party, please follow our copyright violation reporting process described below.

  • you are over the age of 18, and
  • you will comply with our Maven Privacy Policy, the acceptable use policy below and all other terms and conditions of this TOU.

If any of the statements above is untrue, you must stop using the Services immediately.  

Acceptable Use Policy. In addition to the certifications above, by accessing and/or using any Service, you represent, warrant and agree that you will not:

  • Violate any intellectual property, privacy or other third party right.
  • Use the Service in any unlawful or unethical way.
  • Hack or attempt to gain unauthorized access to the Service.
  • Reverse engineer, decompile, or otherwise try to derive our source code.
  • Use the Service to send junk email, spam or other unsolicited messages.
  • Defame, abuse, harass, stalk, threaten or impersonate others.
  • Send inappropriate, profane, obscene, racist, indecent or unlawful content.
  • Use the Service to solicit, facilitate or conduct illegal transactions.
  • Infect the Service with any virus, Trojan, worm, corrupted file, or similar program.
  • Damage, disable, overburden or impair Maven’s servers or network.
  • Operate robots or spiders to scan Maven’s databases or web pages.
  • Falsify or delete any copyright management information or other proprietary designations.
  • Provide support or resources to any terrorist or illegal organization.
  • Export the Service to any restricted country or prohibited or restricted party.
  • Use the Service if you are located in any restricted country or any restricted parties list.
  • Disguise your location through IP proxying or other methods.
  • Violate any applicable laws, these TOU or the terms of our Privacy Policy.

We can suspend and/or terminate your access to the Services at any time without notice if you do not comply with our acceptable use policy or any other term of this TOU and we reserve the right to delete your information.  

Brands and other Third Parties 

Third Parties. We do not control how a third party (including any brand) may use your information and data. Use of your information and data by the third party is governed by the third party’s terms and policies. If you choose to enter into a transaction with a third party, any contract formed will be between you and the third party, not Maven. The third party is responsible for the sale and provision of its products and services and for handling any claims or other issues you may have. We are not responsible or liable for any brand’s or other third party’s act, omission, conduct, website, service, application, technology or policies.

Integrations. We may work with third parties (a) to offer integrations or additional functionality through the Services; and/or (b) that offer websites, ecommerce solutions and other technology and solutions that may display our Services and/or offer an integration with our Services. If you use any third-party integration, functionality, website, ecommerce solution and/or other technology or solution (or if you use Maven Messenger Network to connect with a third party) you authorize Maven to share your data and information with the third party in order to enable integration and interoperability. If you do not want us to share your information, please do not use these offerings. We may choose to disable a third-party integration and any third-party functionality, and access to our Services via any third-party offering, at any time in our discretion.  

Paid Services. You may use the Services to enter into a transaction between you and a brand or other third party. To complete potential transactions, the Services may enable you to process a payment through one or more methods, including via a third-party provided functionality.  If you submit payment information to us or a third party, you give us or the third party, as applicable, permission to charge you when payment is due for all related costs plus any applicable taxes and fees.

Third Party Content. Maven Messenger and the Maven Messenger Network may contain sponsored third-party content or advertisements. The type, degree and targeting of advertisements are subject to change, and you understand that we may place advertisements when we display any content or information via Maven Messenger and/or on the Maven Messenger Network, including when we display your Content.

NONE OF THE SERVICES OR CONVERSATIONAL CLOUD PROVIDES ACCESS TO EMERGENCY SERVICES OR SERVICE PROVIDERS.  IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911.  

Maven respects intellectual property rights and asks our users to do the same. To report a potential copyright violation, and to request that we remove any infringing content that we are inadvertently hosting, please email a completed copyright notice to the email address here. Please include the following information in your notice:

  • the signature of the person authorized to act on behalf of the copyright owner;
  • a description of the copyrighted work that you believe has been infringed;
  • a description of the content in Maven Messenger you believe infringes the copyright;
  • your physical address, telephone number and email address;
  • a statement that you in good faith believe the disputed use has not been properly authorized; and
  • A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

You may also mail a copyright notice to our copyright agent:

Copyright Agent c/o Maven's Legal Department
530 7th Avenue, Floor M1
New York, NY 10018 USA

Confidentiality

Our communications with you may contain Maven confidential information. Maven confidential information includes any material, communications and information that we provide to you that are marked confidential or that would normally be considered confidential by a reasonable person under the circumstances. If you receive our confidential information, you will not share it with any third party without our prior written consent. Our confidential information does not include information that you independently developed, was rightfully given to you by a third-party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose our confidential information when compelled to do so by law if you provide us reasonable prior notice and an opportunity to contest the disclosure, unless and to the extent that a court orders that we not receive notice.

Disclaimer of Warranties, Indemnity 

Disclaimer of Warranties. THE SERVICES AND CONVERSATIONAL CLOUD ARE PROVIDED "AS-IS" AND USE OF THE SERVICES AND CONVERSATIONAL CLOUD IS ENTIRELY AT YOUR OWN RISK.  TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AND CONDITIONS RELATED TO THE SERVICES AND CONVERSATIONAL CLOUD INCLUDING, BUT NOT LIMITED TO: ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, AND ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, ERROR-FREE OPERATION, NON-INFRINGEMENT, SECURITY, RELIABILITY OR ACCURACY.   

Indemnity. You will defend, indemnify, and hold harmless us, our affiliates and our employees, contractors, directors, suppliers and representatives from any and all liabilities, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your Content, your use of the Services and Conversational Cloud; your violation of the TOU; any claim by a brand or other third party related to any communication and/or transaction with you; and/or any claim of infringement of any third-party intellectual property or other right. You also agree not to hold us liable for any losses or damages that you may experience as a result of your use of any Service or Conversational Cloud, or any opinion, response, advice, prediction, information or other service provided via a Service or Conversational Cloud.

Limitation of Liability

AS PERMITTED BY LAW, WE AND OUR AFFILIATES AND THE FOREGOING’S EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES WILL NOT BE RESPONSIBLE FOR LOST PROFITS OR LOST REVENUE OR DATA, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS APPLIES TO ALL CLAIMS AND ACTIONS AND IS REGARDLESS OF THE CAUSE OF ACTION. AS PERMITTED BY LAW, OUR TOTAL LIABILITY FOR DAMAGES IS LIMITED TO FIVE DOLLARS ($5). THE FOREGOING LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.

Miscellaneous

The Services may not be used in a location where download or use would violate local law. This TOU and your use of the Services is governed by Delaware law and you consent to exclusive venue and personal jurisdiction in Delaware. We may assign our rights and obligations under the TOU to any of our affiliates or in connection with a merger, acquisition or asset sale. The brands that you communicate with via the Service are intended third-party beneficiaries that can enforce the TOU. Failure to enforce any portion of the TOU will not be considered a waiver. If any provision of the TOU is deemed unlawful, void or unenforceable, then that provision shall be revised is hereby removed from the TOU and such removal does not affect validity and enforceability of the remaining provisions which shall remain in full force and effect. In some jurisdictions you may have legal rights as a consumer. This TOU is not intended to limit consumer legal rights that may not be waived by contract. We always appreciate your feedback or other suggestions about the Service, but you understand that we may use this content without compensation or obligation to you to improve our products and services.

Last Updated: June 6, 2022