Terms of use
These terms and conditions (“Agreement”) set forth the general terms
and conditions of your use of the “MorphZing” mobile application
(“Mobile Application” or “Service”) and any of its related products
and services (collectively, “Services”). This Agreement is legally
binding between you (“User”, “you” or “your”) and MorphZing
(“MorphZing”, “we”, “us” or “our”). If you are entering into this
agreement on behalf of a business or other legal entity, you
represent that you have the authority to bind such entity to this
agreement, in which case the terms “User”, “you” or “your” shall
refer to such entity. If you do not have such authority, or if you
do not agree with the terms of this agreement, you must not accept
this agreement and may not access and use the Mobile Application and
Services. By accessing and using the Mobile Application and
Services, you acknowledge that you have read, understood, and agree
to be bound by the terms of this Agreement. You acknowledge that
this Agreement is a contract between you and MorphZing, even though
it is electronic and is not physically signed by you, and it governs
your use of the Mobile Application and Services.
Accounts and membership
If you create an account in the Mobile Application, you are
responsible for maintaining the security of your account and you are
fully responsible for all activities that occur under the account
and any other actions taken in connection with it. We may, but have
no obligation to, monitor and review new accounts before you may
sign in and start using the Services. Providing false contact
information of any kind may result in the termination of your
account. You must immediately notify us of any unauthorized uses of
your account or any other breaches of security. We will not be
liable for any acts or omissions by you, including any damages of
any kind incurred as a result of such acts or omissions. We may
suspend, disable, or delete your account (or any part thereof) if we
determine that you have violated any provision of this Agreement or
that your conduct or content would tend to damage our reputation and
goodwill. If we delete your account for the foregoing reasons, you
may not re-register for our Services. We may block your email
address and Internet protocol address to prevent further
registration.
User content
We do not own any data, information or material (collectively,
“Content”) that you submit in the Mobile Application in the course
of using the Service. You shall have sole responsibility for the
accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use
of all submitted Content. We may, but have no obligation to, monitor
and review the Content in the Mobile Application submitted or
created using our Services by you. You grant us permission to
access, copy, distribute, store, transmit, reformat, display and
perform the Content of your user account solely as required for the
purpose of providing the Services to you. Without limiting any of
those representations or warranties, we have the right, though not
the obligation, to, in our own sole discretion, refuse or remove any
Content that, in our reasonable opinion, violates any of our
policies or is in any way harmful or objectionable. You also grant
us the license to use, reproduce, adapt, modify, publish or
distribute the Content created by you or stored in your user account
for commercial, marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with
the fees, charges, and billing terms in effect at the time a fee or
charge is due and payable. Where Services are offered on a free
trial basis, payment may be required after the free trial period
ends, and not when you enter your billing details (which may be
required prior to the commencement of the free trial period). If
auto-renewal is enabled for the Services you have subscribed for,
you will be charged automatically in accordance with the term you
selected. Sensitive and private data exchange happens over a SSL
secured communication channel and is encrypted and protected with
digital signatures, and the Mobile Application and Services are also
in compliance with PCI vulnerability standards in order to create as
secure of an environment as possible for Users. Scans for malware
are performed on a regular basis for additional security and
protection. If, in our judgment, your purchase constitutes a
high-risk transaction, we will require you to provide us with a copy
of your valid government-issued photo identification, and possibly a
copy of a recent bank statement for the credit or debit card used
for the purchase. We reserve the right to change products and
product pricing at any time. We also reserve the right to refuse any
order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the
same billing and/or shipping address. In the event that we make a
change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided
at the time the order was made.
Accuracy of information
Occasionally there may be information in the Mobile Application that
contains typographical errors, inaccuracies or omissions that may
relate to promotions and offers. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Mobile
Application or Services is inaccurate at any time without prior
notice (including after you have submitted your order). We undertake
no obligation to update, amend or clarify information in the Mobile
Application including, without limitation, pricing information,
except as required by law. No specified update or refresh date
applied in the Mobile Application should be taken to indicate that
all information in the Mobile Application or Services has been
modified or updated.
Backups
We perform regular backups of the Content, however, these backups
are for our own administrative purposes only and are in no way
guaranteed. You are responsible for maintaining your own backups of
your data. We do not provide any sort of compensation for lost or
incomplete data in the event that backups do not function properly.
We will do our best to ensure complete and accurate backups, but
assume no responsibility for this duty.
Links to other resources
Although the Mobile Application and Services may link to other
resources (such as websites, mobile applications, etc.), we are not,
directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked resource,
unless specifically stated herein. We are not responsible for
examining or evaluating, and we do not warrant the offerings of, any
businesses or individuals or the content of their resources. We do
not assume any responsibility or liability for the actions,
products, services, and content of any other third parties. You
should carefully review the legal statements and other conditions of
use of any resource which you access through a link in the Mobile
Application. Your linking to any other off-site resources is at your
own risk.
DELETION OF DATA
You can request the deletion of your Personal Data directly by
deleting your account within your Profile section in your
application. If you are unable to perform this action yourself, you
can contact us at
morphzinghelp@gmail.com.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are
prohibited from using the Mobile Application and Services or
Content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that
will or may be used in any way that will affect the functionality or
operation of the Mobile Application and Services, third party
products and services, or the Internet; (h) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (i) for any obscene or immoral
purpose; or (j) to interfere with or circumvent the security
features of the Mobile Application and Services, third party
products and services, or the Internet. We reserve the right to
terminate your use of the Mobile Application and Services for
violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights
conferred by statute, common law or equity in or in relation to any
copyright and related rights, trademarks, designs, patents,
inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property
rights, in each case whether registered or unregistered and
including all applications and rights to apply for and be granted,
rights to claim priority from, such rights and all similar or
equivalent rights or forms of protection and any other results of
intellectual activity which subsist or will subsist now or in the
future in any part of the world. This Agreement does not transfer to
you any intellectual property owned by MorphZing or third parties,
and all rights, titles, and interests in and to such property will
remain (as between the parties) solely with MorphZing. All
trademarks, service marks, graphics and logos used in connection
with the Mobile Application and Services, are trademarks or
registered trademarks of MorphZing or its licensors. Other
trademarks, service marks, graphics and logos used in connection
with the Mobile Application and Services may be the trademarks of
other third parties. Your use of the Mobile Application and Services
grants you no right or license to reproduce or otherwise use any of
MorphZing or third party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will
MorphZing, its affiliates, directors, officers, employees, agents,
suppliers or licensors be liable to any person for any indirect,
incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue,
sales, goodwill, use of content, impact on business, business
interruption, loss of anticipated savings, loss of business
opportunity) however caused, under any theory of liability,
including, without limitation, contract, tort, warranty, breach of
statutory duty, negligence or otherwise, even if the liable party
has been advised as to the possibility of such damages or could have
foreseen such damages. To the maximum extent permitted by applicable
law, the aggregate liability of MorphZing and its affiliates,
officers, employees, agents, suppliers and licensors relating to the
services will be limited to an amount no greater than one dollar or
any amounts actually paid in cash by you to MorphZing for the prior
one month period prior to the first event or occurrence giving rise
to such liability. The limitations and exclusions also apply if this
remedy does not fully compensate you for any losses or fails of its
essential purpose.
Indemnification
You agree to indemnify and hold MorphZing and its affiliates,
directors, officers, employees, agents, suppliers and licensors
harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys’ fees, incurred in connection with or
arising from any third party allegations, claims, actions, disputes,
or demands asserted against any of them as a result of or relating
to your Content, your use of the Mobile Application and Services or
any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be
exercised and shall be applicable and binding only to the extent
that they do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render this
Agreement illegal, invalid or unenforceable. If any provision or
portion of any provision of this Agreement shall be held to be
illegal, invalid or unenforceable by a court of competent
jurisdiction, it is the intention of the parties that the remaining
provisions or portions thereof shall constitute their agreement with
respect to the subject matter hereof, and all such remaining
provisions or portions thereof shall remain in full force and
effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and
any disputes arising out of it shall be governed by the substantive
and procedural laws of Illinois, United States without regard to its
rules on conflicts or choice of law and, to the extent applicable,
the laws of United States. The exclusive jurisdiction and venue for
actions related to the subject matter hereof shall be the courts
located in Illinois, United States, and you hereby submit to the
personal jurisdiction of such courts. You hereby waive any right to
a jury trial in any proceeding arising out of or related to this
Agreement. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms related
to the Mobile Application and Services at any time at our
discretion. When we do, we will revise the updated date at the
bottom of this page. We may also provide notice to you in other ways
at our discretion, such as through the contact information you have
provided.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all
its terms and conditions. By accessing and using the Mobile
Application and Services you agree to be bound by this Agreement. If
you do not agree to abide by the terms of this Agreement, you are
not authorized to access or use the Mobile Application and Services.
Contacting us
If you have any questions, concerns, or complaints regarding this
Agreement, we encourage you to contact us using the details below:
morphzinghelp@gmail.com