Maven Business, Maven Messenger and Maven Webchat allow you to do the same fundamental thing: communicate and connect with consumers about your products and services. As further described below and elsewhere in this TOU, however, there are differences between Maven Business, Maven Messenger and Maven Webchat, how they enable you to engage in communications and the contractual terms associated with each of them. What is Maven Business? Maven Business is a suite of tools that enable brands to communicate with consumers who are using either Maven Messenger, the Maven Messenger Network or Maven Webchat. Maven Business allows brands to display their products and services and resolve the consumer’s intent (namely, purchasing a product or service and/or receiving support) all via Maven Messenger, the Maven Messenger Network and Maven Webchat. In order to use Maven Business, the brand must download Maven Business from authorized third-party websites (for example, Apple’s App Store and Google Play).
What is Maven Webchat? “Maven Webchat” is a web-based chat platform that allows a consumer and a brand to communicate while the consumer is on the brand’s website. In order to use Maven Webchat, the brand must download Maven Webchat from Shopify’s website.
Maven Messenger may also be used by consumers to receive information from a brand that appears in a network or marketplace offered by Maven (the “Maven Messenger Network”). Maven Messenger Network allows consumers to communicate with brands and view brands’ products and services. You can read more about the Maven Messenger Network and what Maven Messenger offers by clicking here.
As used in this TOU, “Services” refers to Maven Business, Maven Messenger Network and Maven Webchat.
Your Device and Account. You must give Maven the phone number of a mobile device that you own and update us if your number changes. You are responsible for your mobile device and any related equipment and service plans you need to use the Service. We cannot guarantee that you will be able to access the Service on all devices or in all geographic locations. Please be careful with your device, as you are responsible for any activity that happens through your Maven Messenger account.
Messaging. You understand that wireless carriers may charge fees for data, messaging and/or other wireless access when you use the Service 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 an expert, influencer or a brand that Maven connected you to at any time by leaving the conversation. You can manage a group conversation by leaving the conversation and/or by adding and removing contacts from the conversation at any time.
In order to use Maven Business and Maven Webchat, you need to provide certain information about your brand. You will provide accurate and complete information to us during our onboarding and verification process, will inform us of any changes to your status, and will comply with our requests to re-verify or update your information. You agree that we may display a profile in Maven Messenger for you or your brand and that you are responsible for maintaining the content so that it is accurate and not misleading to consumers. Our decision about whether to initially approve you for display in Maven Messenger or to remove you at any time will be final. You grant us permission to use and display your name, logo and other business content and warrant that you have permission to share all such materials, data and content with us, including any data or third-party sources that may be linked to your profile, such as product catalogues, and that we may use them as described in this TOU. You represent and warrant that and that you are at least 18 years of age and that, if you are acting on behalf of a company, the company has the right to enter into this TOU and that you have the power and authority to bind the company.
Consent. By agreeing to have your brand or business displayed to consumers on Maven Messenger or via Maven Webchat, you grant Maven permission to connect you to consumers who wish to message with you or your brand. As part of your relationship with us, you agree that we can use your information to send you communications (such as text messages and emails) about your account, password changes, payment authorizations and other transactional information. You also agree that we can send you messages about products, services, events, news and promotions we offer, but if you do not wish to continue to receive marketing messages that are not important for your account or for your use of Maven Business or Maven Webchat, you may opt-out by clicking the “unsubscribe” link in any such message.
Compliance with Applicable Law. You are responsible for complying with this TOU, including our Acceptable Use Policy below, and all state, federal and local laws, rules and regulations applicable to your business and/or messaging with consumers (including, but not limited to, CAN-SPAM and TCPA and any other laws requiring specific opt-in before messaging consumers via Maven and for honoring any opt-out or “STOP” requests that you receive from consumers).
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.
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 consumer is as between you and the consumer. You are solely responsible for verifying the identity and other relevant information about any consumer. You should not use the Services to offer or solicit any health, legal, financial or other sensitive information. Any reliance on content 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 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 and liable for any and all activity that happens through or via any of your Maven accounts, your devices and your browsers.
Your Agents. You are responsible for managing any agents that represent you or your brand in consumer conversations. If you work with a third-party partner who will manage the agents, you must have a direct contractual relationship with that third party and ensure they comply with this TOU. You are fully responsible for compliance with this TOU by you and your personnel, representatives, contractors, agents and third parties. You are fully responsible and liable for any breach of this TOU by any of the foregoing.
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.
You represent and warrant that you own or have all rights necessary in your brand, logos and names to use and display them with and via the Services.
Brand Removal. You may remove your any list that we maintain of brands available via Maven Messenger and/or the Maven Messenger Network. Requests for removal must be made in writing via chat with the Maven team. Removal requests are not accepted by phone or by email.
Disputes with Consumers. All communications and transactions between you and any consumer are solely as between you and such consumer. Any transaction-related issues or questions that may arise are best resolved directly between you and the consumer. We are not in a position to help arbitrate any dispute.
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. You are responsible and liable for all Content that you make available via the Services and for your communications via the Services and for any claim related to Content. 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, Maven may identify you as the contributor of the Content, 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, 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 email@example.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.
By accessing and/or using any Service, you certify that:
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:
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.
Third Parties. We do not control how a consumer or other third party may use your information and data. If you choose to enter into a transaction with a third party, that transaction, and any contract that may be formed, will be between you and the consumer or other third party, not Maven. We are not responsible for any consumer’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, and combine your data and information with the third party’s data and information, in order to enable integration and interoperability. If you do not want us to share or combine 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 consumer 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.
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. THE SERVICES AND CONVERSATIONAL CLOUD ARE PROVIDED "AS-IS" AND USE OF 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 shall 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 brand and/or Content; your use of the Services and/or Conversational Cloud; any claim by a consumer or other third party related to any communication and/or transaction with you; violation of the TOU attributable to you; and/or any claim of infringement of any third-party intellectual property or other right. You 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.
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 THE GREATER OF (A) FIVE DOLLARS ($5), OR (B) THE TOTAL FEES PAID BY YOU TO US UNDER THIS TOU WITHIN THE THREE (3) MONTH PERIOD PRECEDING THE CAUSE OF ACTION. 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.
The Services may not be used in a location where download or use would violate local law. You are responsible for making sure that you are legally allowed to use the Services in the places where you are located and operate. We reserve the right to update or change the Service and/or this TOU at any time. Changes to the TOU will be effective immediately upon posting on our website or in Maven Business. You agree to the updated TOU or Service changes by continuing to use the Service. 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. You need our prior written consent in order to assign 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 is hereby removed from and does not affect the validity and enforceability of the remaining provisions. We always appreciate your feedback or other suggestions about the Service. You understand that we may use this content without compensation or obligation to you to improve our products and services.
Launch Date: April 15, 2020
Last Updated: June 6, 2022