The Meet Mojo App is an Interactive News Presenter powered by Artificial Intelligence.
People in the Meet Mojo Beta User Program have the unique opportunity to experience an early version of Meet Mojo, for free! People are to engage in daily interactions with Mojo and provide their feedback to help us improve Mojo before its official release. Thank you for making history with us!
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES (AS DESCRIBED BELOW)
These terms and conditions (“Terms”) govern your (hereinafter “you” or “your”) (i) use of our mobile application Meet Mojo (“App”) following your registration provided by Hoomano SAS, with registered office at 2, rue Charles Baudelaire, 69002 Lyon - France (hereafter referred to as: “Hoomano”, “we”, “our” or “us”) via the App from time to time (collectively “Services”). Subject to these Terms, you and Hoomano enter into a contract for the usage of the App, including the User Account ("App Agreement")
THERE ARE OTHER TERMS WHICH MAY APPLY TO YOU:
Our privacy policy is available at: https://hoomano.com/data-policy (“Privacy Policy”). In order to provide the Services to you, we may need to collect and use your personal information. For example, when you register for a User Account, we may require certain contact information or may need to verify your identity. For further information on what personal information we may collect and how we use it (as well as your rights in relation to your personal information) please read our Privacy Policy.
TERMS APPLICABLE TO YOUR USE OF THE SERVICES
1. YOUR USER ACCOUNT
You must register for a user account through the App on your mobile device before any use of our App (“User Account”). A User Account must be created via the App. In order to set up your User Account the App will prompt you to provide us with (i) certain information about yourself (all fields indicated as mandatory must be completed), and (ii) a method of payment (details of valid credit card, debit card or other approved payment method), and (iii) any other information or documents required by us in order to allow you to use the App as indicated in the registration process in the App. The payment details are provided to our third-party payment processors and are only accessed or stored by us in masked format.
Your User Account is personal to you and you will ensure that it is kept secure and not shared with or used by anyone else. You will not, directly or indirectly, create a User Account for another person or transfer your User Account to another person. You are responsible for all loss and damage arising from your disclosure of your User Account information, or any electronic threats, attacks or fraudulent activity resulting from your failure to safeguard the security of your User Account. You must immediately report any suspicions of unauthorized access to your User Account to: mojopioneer@hoomano.com. You are responsible for the use of your User Account at all times.
All information that you have provided to us must be accurate, true, up-to-date and complete and you agree to keep it this way. If we have reasonable grounds to suspect any of the information you have provided to open your User Account is incorrect, inaccurate or fraudulent we may suspend or temporarily block access to your User Account until the issue is resolved to our satisfaction. We may if required or in accordance with applicable laws check and verify the information you have provided to us. You will cooperate and extend to us any assistance that is reasonably tolerable for you and required for such checks and verifications. You are responsible for all loss and damages arising from inaccurate, false or incomplete information that you provided to us.
During the use of the Services, you must observe these Terms. If we have reasonable grounds to suspect or become aware of any breach of the Terms, we may suspend or temporarily block access to your User Account until the issue is resolved to our satisfaction.
All applications for User Accounts are subject to our approval, which shall be given on a non-discriminatory basis. We reserve the right to reject any application for a User Account. Registration for a User Account is completed when you receive a confirmation that you can start using the App.
2. BETA TEST PROGRAM
You will have the App delivered to your iPhone through the Apple AppStore using TestFlight. The beta test program duration is decided and operated by Hoomano and may be extended at our discretion.
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Provide your consent to the collection and use of data gathered through the App.
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Provide feedback regarding your experiences with the App through online questionnaires and phone calls.
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Complete confidential online questionnaires about your experience before and after your time with the App, to help us better understand the impact that the App may have.
You may interact with the App daily, experiencing content designed to get access to news information and entertain throughout the courses of interactions.
Hoomano follows industry-standard best practices to protect personally-identifiable data, such as encrypting the data in transit and limiting access to it to those who need to do so to provide and improve the services, and to operate and support our business.
Our Privacy Policy provides details on how we collect and use information, so please review those details carefully before signing up. Of course, Hoomano will not use any personally-identifiable data to advertise or promote Hoomano’s products to the general public.
3. USE OF SERVICES
The App, is composed of a digital assistant whose conversation content is generated by a series of software programs using artificial intelligence.
The App is an entertainment app that you should use for this purpose only.
The content and interactions within the App may evolve at our discretion.
You may be asked to give feedback within the App to help improve the App.
To help improve the Services, the App might ask the user to input information that we will use for further improvement of the Services. You agree to grant us access and the right to store, to use and to share these data for the purposes of improving the Services.
You agree to adopt correct and respectful language while using the Service. In reaction to your potential disrespectful comments the Service may contain responses that a human might deem inappropriate and you will be held responsible for them.
We reserve the right to deactivate your User Account to the App if you do not comply with the above commitments.
You are using the beta version. We can stop the beta program at any time. We will inform you by email in the case of stopping the Services
4. ELIGIBILITY
The App provides entertaining and helpful content. In hopes of providing you a good experience, we have created the following eligibility criteria:
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Age 18+ years old
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Primarily English-speaking or French-speacking
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Able to attend to entertainment and various activities for at least 5 minute
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Supported iPhone models are : iPhone X, iPhone XR, iPhone XS, iPhone XS Max, iPhone 11 Pro, iPhone 11 Pro Max, iPhone 12 Pro, iPhone 12 Pro Max, iPhone 11, iPhone SE (2nd), iPhone 12, iPhone 12 Mini, iPhone 13, iPhone 13 Mini, iPhone 13 Pro, iPhone 13 Pro Max
Since the App operates using the Internet, you should also have working WiFi, high-speed Internet connectivity (DSL or faster), and a smartphone or tablet with either an iOS operating system to download the App. It is important that home WiFi networks be password-protected to protect your data.
5. INTELLECTUAL PROPERTY
As part of the App Agreement, we grant you a personal, limited, royalty-free, non-exclusive, revocable and non-transferable, license to download and use our App solely to enable you to use the Services and for non-commercial purposes. You may use the App only as permitted by the Terms. You may not, and will not permit any other party to: (i) modify, reverse engineer, adapt, improve, enhance, alter, translate or create derivative works of the App; (ii) create a database by systematically downloading and storing the App; (iii) access the Services for the purposes of extracting data whether manually or by automated means including robots, scrapers, or spiders; and/or (iv) use the App for any commercial purposes. All our intellectual property rights (such as copyrights, trademarks, patents and all content incorporated in the Services) related to the Services, shall remain the exclusive property of Hoomano and its licensors at all times and will not be transferred to you in any way. If you do not comply with the above mentioned terms of use for the App, we can terminate the App Agreement pursuant to Clause 8 below and suspend any further access to the App and our Services.
6. LIMITATION OF LIABILITY
HOOMANO'S CONTRACTUAL AND STATUTORY LIABILITY FOR DAMAGES CAUSED BY SLIGHT NEGLIGENCE SHALL, IRRESPECTIVE OF ITS LEGAL GROUND, BE LIMITED AS FOLLOWS: (i) HOOMANO SHALL BE LIABLE UP TO THE AMOUNT OF THE FORESEEABLE DAMAGES TYPICAL FOR THIS TYPE OF CONTRACT DUE TO A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS; (ii) HOOMANO SHALL NOT BE LIABLE DUE TO A BREACH OF ANY NON-MATERIAL CONTRACTUAL OBLIGATIONS NOR FOR THE SLIGHTLY NEGLIGENT BREACH OF ANY OTHER APPLICABLE DUTY OF CARE.
THE AFORESAID LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY, AND ANY LIABILITY FOR CULPABLY CAUSED PERSONAL INJURIES. IN ADDITION, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT HOOMANO HAS ASSUMED A SPECIFIC GUARANTEE.
THE ABOVE SHALL APPLY ACCORDINGLY TO HOOMANO'S LIABILITY FOR FUTILE EXPENSES.
YOU SHALL BE OBLIGED TO TAKE ADEQUATE MEASURES TO AVERT AND REDUCE DAMAGES.
FOR THE PURPOSES OF THIS CLAUSE 6 AND CLAUSE 7 BELOW, “HOOMANO” INCLUDES HOOMANO, ITS AFFILIATES, SUBSIDIARIES, OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS, REPRESENTATIVES, AGENTS AND DIRECTORS.
7. INDEMNIFICATION
SUBJECT TO CLAUSE 6 ABOVE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HOOMANO HARMLESS, FROM AND AGAINST ALL FINES, PENALTIES, CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE LEGAL COSTS) ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATED TO; AND ATTRIBUTABLE TO : (I) YOUR NEGLIGENT OR WILLFUL MISUSE OF THE SERVICES IN VIOLATION OF THESE TERMS; (II) YOUR NEGLIGENT OR WILLFUL BREACH OF THESE TERMS; (III) ANY NEGLIGENT OR WILLFUL MISREPRESENTATION IN CONNECTION WITH THE CONTENT AND INFORMATION DIRECTLY OR INDIRECTLY PROVIDED BY YOU THROUGH THE APP; (IV) ANY DEATH OR BODILY INJURY TO ANY PERSON AND ANY DAMAGE, LOSS OR DESTRUCTION OF ANY REAL OR TANGIBLE PROPERTY ARISING FROM YOUR NEGLIGENT OR WILLFUL USE OF THE SERVICES IN VIOLATION OF THESE TERMS; AND (V) ANY FINES OR OTHER PENALTIES ARISING FROM YOUR NEGLIGENT OR WILLFUL MISUSE OF THE SERVICES IN VIOLATION OF THESE TERMS YOUR OBLIGATION TO INDEMNIFY HOOMANO WILL SURVIVE TERMINATION OF THESE TERMS AND ANY CANCELLATION, TERMINATION OR SUSPENSION OF THE SERVICES.
8. TERMINATION
Both parties (you and Hoomano) have the right to terminate the App Agreement at any time subject to a prior notice to the other party (to be provided by email to the email address specified in the "Contacts" article below). The right to terminate the App Agreement for cause without notice period remains unaffected. In case of a termination, Hoomano (i) will suspend the User Account and deny any further access to and usage of the Services.
9. MODIFICATIONS
WE MAY AMEND THESE TERMS FROM TIME TO TIME INCLUDING APPLICABLE FEES WITHOUT NOTICE, SAVE THAT WE WILL NOTIFY YOU OF ANY MATERIAL CHANGES VIA EMAIL AND/OR A PROMINENT NOTICE ON OUR APP. ANY AMENDMENT OR REVISION SHALL BECOME EFFECTIVE FROM THE DATE IT IS MADE AVAILABLE ON THIS WEBSITE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING ANY AMENDMENT OR REVISION OF THE TERMS (OR ANY NOTIFICATION OF MATERIAL CHANGES) SHALL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES.
10. FORCE MAJEURE
We shall not be responsible for any loss, damage, default or failure which is caused by occurrences outside of our control including, connectivity failures, power outages, riots, fire, flood, windstorm, explosion, war, epidemics, pandemics, a state of epidemic or pandemic emergency, sabotage, government actions, changes of laws, regulations, administrative provisions and other rules, or acts of God.
11. GOVERNING LAW AND JURISDICTION
These Terms, the App Agreement are solely governed by the laws of France. Any mandatory consumer protection law remains unaffected by this choice of law clause.
Pursuant to the art. 14 of UE Regulation 524/2013 in the event of a dispute, you can file a complaint via the European Union's ODR platform which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to settle disputes arising from sales contracts or online services in the extra-judicial area.
12. GENERAL
To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable that provision shall be struck out of these Terms, and the remainder of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
You may not cede, assign or delegate any of your rights or obligations under these Terms without our prior written approval and any attempted assignment without our prior written consent is void. We may cede, assign or delegate any of our rights or obligations to a third party without your consent. In this case, you have the right to terminate pursuant to clause 8.
You and Hoomano are independent contractors and there is no actual or deemed partnership, franchise, joint venture, agency, employment or other fiduciary relationship between you and Hoomano.
Rights and obligations, which by their nature should survive the termination or expiration of these Terms or your use of the Services, will survive.
Our failure to promptly exercise any contractual right, does not of itself mean that the right has been waived unless we acknowledge and agree to such waiver in writing and it will not give rise to an ongoing waiver or any expectation that the right will not be enforced, unless it is expressly stated to do so.
These Terms are the entire agreement relating to its subject matter and supersedes all prior or contemporaneous oral or written communications, understandings, proposals of you and us relating to the subject matter of these Terms.
Any phrase in these Terms introduced by the terms “including”, “include”, “in particular” or any similar expression shall mean “including, without limitation”.
11. CONTACTS
Should you have any questions relating to the Services please email us at: mojopioneer@hoomano.com.
