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Mangomint Terms of Service

Last Updated: August 8, 2024

These Mangomint Terms of Service constitute a legal agreement ("Agreement") between Mangomint, Inc. ("Mangomint," "we," "us" or "our") and you ("you" or "your"), and govern your use of the Services (as defined below), whether as an Account Owner, User, or otherwise. By accessing or using the Services or signing up for an account, you are agreeing to this Agreement.

Mangomint provides an online business management software platform and related services designed for salons, spas, and other beauty and wellness businesses. You can access our Services through the web-based application available at https://app.mangomint.com/ and the Mangomint mobile app (the "App") (collectively, the "Services," as further defined in Section 22 (Definitions)).

This Agreement applies to any access to or use of the Services by you. BY ACCESSING OR USING THE SERVICES, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT, AND ENTERING INTO A BINDING CONTRACT ON BEHALF OF YOURSELF, OR IF YOU ARE USING THE SERVICES ON BEHALF OF AN ENTITY, ON BEHALF OF THAT ENTITY. YOU REPRESENT AND WARRANT THAT YOU (1) ARE AT LEAST 18 YEARS OF AGE, AND (2) HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF, OR IF YOU ARE USING THE SERVICES ON BEHALF OF AN ENTITY, ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ANY SERVICES.

The fees for the Services can be found here: https://www.mangomint.com/pricing/. When you subscribe to the Services set forth on the fees page and agree to this Agreement ("Order"), you are an "Account Owner" of the Services. Account Owners and those individuals who use the Services in connection with their Account, through a Mangomint ID or otherwise (including without limitation owners, employees, affiliates, partners, staff, or independent contractors), are collectively or individually referred to herein as "Users." Any subscription or registration related to the Services (each, a "Subscription") is subject to this Agreement.

Mangomint may make changes or updates to this Agreement at any time, in our sole discretion. Any changes or updates we make will become effective when we post a modified version of this Agreement, effective as of the "Last Updated" date above. Your use of the Services after Mangomint posts updated Agreement terms constitutes your acceptance of the updated Agreement terms. You must check the latest terms of this Agreement from time to time so that you are aware of any changes, as they are binding on you. 

Certain capitalized words in this Agreement are defined in Section 22 (Definitions).

Mangomint may offer you the ability to accept payments from your Clients ("Payments Services"). The Payments Services (including your eligibility for Payments Services) are governed by the Payments Services Terms, available here: www.mangomint.com/legal/payments-terms. By using the Payments Services to accept payments from your Clients, you agree to the Payments Services Terms.

  1. Accounts
    1. Account Eligibility. Your Account on the Mangomint Platform provides Account Owners and their Users access to the Services which we provide, subject to the terms of this Agreement. As an Account Owner, you understand that your Account may be accessed only by you and the Users registered under your Account. As used herein, "Account" means the unique account used for connecting the Account Owner to the Mangomint Platform and related Services. Each User is to access the Account Owner’s Account using their Mangomint ID. You confirm upon creating or accessing any Account that you are 18 years of age or older, capable of forming a binding contract with Mangomint, and not otherwise barred from using the Services under Applicable Laws or this Agreement. You may only access and use the Services and any Accounts for legitimate business purposes, as or on behalf of an Account Owner authorized to do business by the states in which it operates. 
    2. Account Information. You agree that for any Accounts created on the Services, you will (a) provide accurate, current and complete account and business information, (b) update your contact information to receive communications from us, and (c) maintain the security of your Account credentials. You acknowledge and agree that Mangomint has the right to verify any Account information submitted by you. Mangomint has the right to suspend or terminate any Account, or any User using the Services under that Account, that provides incomplete, inaccurate or untrue Account information.
    3. Account Owners’ Responsibility for Users and Clients.
      1. The Account Owner is responsible for all activity occurring under or relating to the Account Owner’s account, including managing all Users who have access to the Account and for all activity occurring under or in connection with its Account, including by Clients. Any reference in this Agreement to "access" or "use" of the Services (or similar phrase) is deemed to include access or use, as appropriate, by Users or Clients, and any act or omission of a User or Client that does not comply with this Agreement will be deemed a breach of this Agreement by the applicable Account Owner.
      2. If you are an Account Owner (i) you shall, and shall ensure that your Users protect the credentials used to access your Account against unauthorized access, use, or disclosure and not disclose those credentials to individuals or entities not authorized to use your Account or the Services; (ii) you will ensure that your Users and Clients comply with relevant provisions of this Agreement, including any acceptable use policies provided or made available by Mangomint, and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of Personal Information, at all times while using the Services; and (iii) you are responsible for ensuring that you and your Users have the appropriate rights to interact with or contact Clients through the Services, as applicable, in accordance with Applicable Laws and regulations.
      3. You agree to notify Mangomint immediately if you learn of any unauthorized use of the Services or any other known or suspected breach of the security of your Account.
      4. Mangomint reserves the right to take any action Mangomint deems necessary or reasonable to ensure the security of the Services and your Account, including suspending your, your Users’, or your Clients’ access, issuing new access credentials, or requesting additional information to authorize activities related to your Account.
      5. If you are a User other than an Account Owner, you acknowledge and agree that your access to an Account, and to any Account Data contained therein, may be terminated by the Account Owner at any time and in its sole discretion, including when your employment or any other relationship with the Account Owner is terminated. 
      6. Notwithstanding the foregoing, in certain circumstances, a User who is no longer employed by or otherwise associated with an Account Owner may be permitted by the Account Owner to continue to access, through the User’s Mangomint ID, certain Account Data associated with the Account relating to that User, including payroll and tax information made available by Account Owners to their Users through the Services. Any continuing access to Account Data by an Account Owner’s former employees or other Users is controlled by the Account Owner in its sole discretion, and will at all times remain subject to the terms and conditions of this Agreement, including without limitation the restrictions and responsibilities in Sections 2.3, 2.4, and 3.
      7. You will ensure that any products or services you offer to Clients through any portion of the Services comply with Applicable Laws, and will provide all relevant notices to your Clients about such products and services, including with respect to subscriptions (including with respect to subscription cancellation rights) or other offerings.
    4. Contacting You and Your Users. We may contact you and your Users by email, SMS, text messaging and push notifications, if relevant, regarding the Services. If you are an App user, standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible.
    5. Account Owner Rights to Account Data. Except as otherwise provided herein, as between you and the Account Owner, the Account Owner owns all Account Data associated with the Account that is provided, accessed, or otherwise used by you and each User who is provisioned to access such Account. If you are a User using the Services under the Account of an Account Owner, you acknowledge and agree that as between you and the Account Owner, all Account Data will be solely and exclusively owned by the Account Owner and not you. For the avoidance of doubt, the Account Owner, and not any other User provisioned to use such Account, will have the sole right to direct the transfer, use, deletion, export and other processing of Account Data associated with such Account. For clarity, nothing in this Section 1.5 shall supersede Mangomint’s rights in Aggregated Data or Mangomint Content set forth herein.
  2. Services
    1. License to Access the Services. Subject to the terms and conditions of this Agreement, upon implementation of the Services and activation of your Account, as applicable, Mangomint grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services to which you or your Account Owner subscribes to from us, including as applicable, installing an object code copy of the App on mobile devices owned or leased solely by you, each of the foregoing solely for your own lawful internal business purposes and in accordance with the terms of this Agreement and the Order for the applicable Services. This license will immediately terminate upon termination of your Account, the Services, or this Agreement.
    2. Support and Equipment. Support to resolve general issues relating to your use of the Services is available by contacting us through support@mangomint.com or through the chat function within your Account. You are responsible for making all arrangements and obtaining all equipment necessary to access the Services. You agree to provide us timely access to information, consents or other materials reasonably needed to provide the Services, and pending such information, our obligation to provide those portions of the Services are excused until access is provided. We are not responsible for providing support to Clients. We are not obligated to provide any updates to the Services. However, if we make an update available, you must fully install the update by the date or within the time period stated in Mangomint’s notice; or, if there is no date or period stated in the notice, then no later than 30 days’ after the date of the notice. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to this Agreement. 
    3. Restrictions. You and Clients may only access and use the Services for business purposes. You must not, and must not enable or allow any third party (including any Client) to: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, in whole or in part, or any content displayed on the Services; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) access the Services to build a similar or competitive website, product, or service; (d) engage in any activity that interferes with use of the Services or interferes with or circumvents any security feature or work around any of the technical limitations of the Services; (e) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means; (f) submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Services, including material that violates privacy rights; (g) attempt to gain access to the Services or related systems or networks in a manner not permitted by this Agreement or use the Services to engage in any activity that is illegal, fraudulent, deceptive or harmful; (h) post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs; (i) systematically download or store Services content; (j) access the Services by electronic agent, "bot", or other automated means or otherwise scrape or index any part of the Services; (k) use the Services to send unsolicited electronic messages (aka spamming); or (l) use the Services for personal, family or household purposes.

      4. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof. Mangomint shall have the right, but not the obligation, to review and monitor all use of the Services to ensure compliance with this Agreement.

    4. Prohibited and Restricted Businesses and Operations. The Services are for licensed salons, spas, and other businesses in the beauty and wellness industry. The Services may not be used to engage in or promote any fraudulent or illegal activity, to harass anyone or send offensive content, or to infringe on any third-party right. You represent and warrant that you do not and will not use the Services to conduct, transact with, or otherwise enable any individual or entity (including you) to benefit from any of the following restricted businesses or activities:
      1. Illegal products, services, or actions: illegal drugs, substances designed to mimic illegal drugs, and equipment designed for making or using drugs; fake references or ID-providing services; telecommunications manipulation equipment including hamming devices; any business or organization that engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property; any other products, services, or actions that are in violation of law in the jurisdictions where your business is located or targeted;
      2. Products, services, or actions that infringe intellectual property rights: sales or distribution of any licensed materials without appropriate authorization; counterfeit goods; illegally imported or exported products; unauthorized sale of brand name or designer products or services; any other products, services, or actions that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party;
      3. Products, services, or actions that Mangomint considers unfair, deceptive, or predatory towards consumers;
      4. Adult content and services: pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts; adult services including prostitution, escorts, pay-per view, sexual massages, and adult live chat features; adult video stores; gentleman's clubs, topless bars, and strip clubs; online dating services;
      5. Firearms, explosives and dangerous materials: guns, gunpowder, ammunitions, weapons, fireworks and other explosives; peptides, research chemicals, and other toxic, flammable and radioactive materials;
      6. Misuse of the Services: use of the Services with false, manipulated, inaccurate, or misleading information regarding your identity, business entity, the nature of business, or other information requested by Mangomint; use of the Services to facilitate transactions on behalf of another undisclosed merchant or for products or services that were not disclosed in any application for the Services; processing where there is no bona fide good or service sold, or donation accepted; card testing; evasion of card network chargeback monitoring programs; sharing Cardholder Data with another merchant for payment cross-sell products or services; use of Mangomint intellectual property without prior written consent from Mangomint; use of the Mangomint name or logo including use of Mangomint trade or service marks inconsistent with this Agreement, or in a manner that otherwise harms Mangomint or the Mangomint brand; any action that implies an untrue endorsement by or affiliation with Mangomint.

      Mangomint reserves the right to remove or reclaim any Accounts, services and products you offer, or your content that is in violation of the foregoing restrictions, which shall be determined in Mangomint’s sole discretion.

    5. Gift Cards. If you use the Services to offer and sell gift cards to your Clients, you (and not Mangomint) are the issuer, seller, provider, and administrator of your gift cards. You are solely responsible for compliance with federal, state, and local laws that apply to your gift cards, including but not limited to prepaid access and stored value requirements, notice and disclosure requirements, expiration dates and fees, refunds, cash back, unclaimed property or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for your Clients and holders of gift cards.

      Gift cards sold by you are gift cards that are only redeemable from you for your services and goods. Mangomint does not assess a fee, or impose any limitations, on the redemption of a gift card to purchase services or goods from you. Mangomint is not responsible for any lost or stolen gift cards. Mangomint is not responsible for any funds associated with gift cards, unless otherwise specified in this Agreement or the Payments Services Terms.

      Any liability for the use or misuse of your gift cards, or any third-party claims arising from or relating to your gift cards, is your sole responsibility.
    6. Beta and Demonstration Features. Mangomint may, in its sole discretion, invite you to use pre-release or beta features that are not yet generally available. In addition, you may be able to evaluate a demonstration version of the Services. Access to such features may be conditioned on additional terms and conditions. Any beta or demonstration features will be considered Mangomint’s proprietary information. MANGOMINT MAKES NO REPRESENTATIONS OR WARRANTIES THAT BETA OR DEMONSTRATION FEATURES OR SERVICES WILL FUNCTION, AND ANY USE OF BETA OR DEMONSTRATION FEATURES OR SERVICES WILL BE AT YOUR SOLE RISK.
  3. Your Responsibilities
    1. Compliance with Applicable Laws. You shall comply with all applicable federal, state, local or foreign laws and regulations ("Applicable Laws") in connection with your use of the Services. Further, you are solely responsible for (a) all actions taken by you and (b) for your Users’ compliance with this Agreement.
    2. Contacts and Account Data. You are solely responsible for: (a) collecting and maintaining your Account Data in accordance with Applicable Laws; (b) providing notices and obtaining consents from your Users and Clients as may be required under Applicable Laws for the collection and processing of Account Data through the Services; and (c) ensuring that all marketing and promotional activities and the content of any communications made by you or your Users through the Services comply with Applicable Laws and this Agreement. Any advice, guidance, templates, or suggestions provided by Mangomint are solely for convenience, and you remain solely responsible for your own compliance with Applicable Laws and this Agreement. In the event that Mangomint assists or advises you with any Services setup, configuration or support, in no event shall such assistance or advice be construed as legal advice. You are responsible for getting your own independent legal review of communication and other activities and content made through the Services.
    3. Communications Services. The Services may include functionality enabling you to communicate with Clients and other individuals through email, SMS, MMS, or other messaging applications or platforms (such functionality, the "Communications Services"). You are solely responsible for any use of the Communications Services by you and by your Users and Clients, including the contents of any message or other communication sent or received through the Communications Services; and shall ensure that any message, communication, process, action, or decision related to your and your Users’ and Clients’ use of the Communications Services does not violate any Applicable Laws. Without limiting any other provision of this Agreement, you agree as follows:
      1. You shall comply with all laws and regulations governing communications to or from recipients of messages transmitted through the Communications Services, including the U.S. CAN-SPAM Act, U.S. Telephone Consumer Protection Act, Canadian Anti-Spam Legislation, S.C. 2010, c. 23, local and state or provincial analogs to the foregoing, and industry and carrier regulations and best practices including but not limited to the CTIA’s Messaging Principles and Best Practices and any other applicable federal, state, local or foreign laws and regulations that require (a) documented consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications; or (b) compliance with opt-out requests for any data or communications; or (c) the inclusion of prescribed disclosures or other content in such data or communications (collectively, the "Communication Laws"). Without limiting the foregoing, you shall provide all notices and obtain all consents and approvals required under the Communications Laws and other Applicable Laws from message recipients to permit such collection and monitoring.
      2. You shall not, and shall not permit any User or Client to: (a) use the Communication Services to impersonate any other person or entity, or communicate in a fraudulent or deceptive manner; (b) knowingly interfere in any manner with the operation of the Communication Services, or the hardware and network used to operate the Communication Services; or (c) use the Communications Services to transmit or store any content or communication that is illegal, harmful, unwanted, inappropriate, objectionable, including but not limited to any content or communication that (i) is false or inaccurate; (ii) is hateful or encourages hatred or violence against individuals or groups; (iii) could endanger public safety; or (iv) is designed to evade filters or other mechanisms intended to detect or prevent unwanted messages.
      3. Mangomint and its service providers may collect and monitor the content of messages transmitted through the Communications Services for the purpose of ensuring compliance with this Agreement and detecting spam or fraudulent activity.
      4. Mangomint may in its discretion provide or make available to you technical or other measures to help facilitate use of the Communications Services in accordance with the Communications Laws and to limit or prevent use of the Communication Services in violation of your responsibilities under this Section 3.3. Nothing in the foregoing, however, shall be deemed to relieve you from your sole responsibility for complying with the Communications Laws and other Applicable Laws with respect to your and your Users’ and Clients’ use of the Communications Services.
    4. Your Representations. You represent and warrant that: (a) you have the right, power, and ability to enter into and perform under this Agreement; (b) you are a business (which may be a sole proprietor) or a non-profit organization located in the United States, or are accessing the Services on behalf of such business or organization, and are eligible to use the Services; (c) you have, and comply with, all necessary rights, consents, licenses, and approvals for the operation of your business and to allow you to access and use the Services in compliance with this Agreement and Applicable Laws; (d) as an Account Owner, your employees, contractors and agents are acting consistently with this Agreement; (e) your use of the Services does not violate or infringe upon any third-party rights, including intellectual property rights, and you have obtained, as applicable, all necessary rights and permissions to enable your use of Account Data in connection with the Services; (f) you comply with Applicable Laws (and, to the extent applicable, the PCI DSS) with respect to your business, your use of the Services, your collection, use, disclosure, and other processing of Account Data, and the performance of your obligations in this Agreement; (g) you comply with the Documentation; (h) all information you provide to Mangomint, including the Account Data, is accurate and complete; and (i) you will provide all notices and obtain all rights and consents necessary for Mangomint to process Account Data in connection with this Agreement.
  4. Ownership of the Services; Feedback
    1. Ownership. We provide only a limited license to access and use the Services in accordance with this Agreement. Accordingly, you hereby agree that Mangomint transfers no ownership or intellectual property rights in or to the Services or any materials used in connection with the Services, including, without limitation, software (including source code), programs, products, information, Documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, templates, photographs, audio, videos, music, and content ("Mangomint Content"). All Mangomint Content as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services are, as between you and us, exclusively owned, controlled, or licensed by Mangomint or its members, parents, licensors, or affiliates. Mangomint, the Mangomint logo, and all other marks are proprietary trademarks of Mangomint and any use of such marks, including, without limitation, domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of Mangomint is hereby strictly prohibited. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Mangomint Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. Subject to the limited rights expressly granted to you under this Agreement, Mangomint and its affiliates reserve all rights, title and interest in and to the Services, the Mangomint Content, including, without limitation, all related intellectual property rights. As between you and Mangomint, all Marks are owned by Mangomint or its affiliates. You agree not to display or use any Marks in any manner without Mangomint’s express prior written permission. Any trademarks, service marks and logos associated with any Third-Party Services may be the property of the third party provider, and you should consult with their trademark guidelines before using any of their marks.
    2. Feedback; Confidential Information. If you provide any feedback regarding the Services or other Mangomint products or services, you agree that Mangomint will be free to use such feedback for any purpose, including to improve the Services and other Mangomint products and services, and to develop new products and services. You may be exposed to information about Mangomint or its products or services and ideas that may not have been disclosed to the public (collectively, the "Confidential Information"). You shall maintain the confidentiality of all Confidential Information disclosed to you, if any, in connection with the Services, and you shall hold Confidential Information in strict confidence. You shall refrain from disclosing or using our Confidential Information for any purpose other than as strictly required to use the Services and for purposes of providing confidential feedback to Mangomint. 
  5. Data Use and Responsibilities
    1. Account Data. As used herein, "Account Data" means any and all information and content that you or your Users or Clients submit, upload, display, post, or otherwise transmit to or through the Services, including all Personal Information therein, but excluding Aggregated Data and Mangomint Content. Account Data may include but is not limited to (i) information about Clients, such as services booked and appointment times, records of products and services purchased, payment information (including Cardholder Data), and the contents of messages transmitted under your Account, and (ii) information about your employees, staff, and independent contractors, including scheduling information, information about services offered, and compensation and payroll information, including information about wages, commissions, and taxes.
    2. Ownership of Account Data. We claim no ownership rights over Account Data. You are solely responsible for your Account Data. Subject to the terms of this Agreement, you hereby grant to Mangomint a non-exclusive, transferable, irrevocable, perpetual, sub-licensable, royalty-free, worldwide license, without any compensation to you, to reproduce, distribute, publicly display, store, archive, prepare derivative works of, use, disclose, and otherwise process your Account Data, and to grant sublicenses of the foregoing rights, for our lawful business purposes, including without limitation to provide the Services, improve and develop the Services, enforce our rights under this Agreement, and as otherwise set forth in this Agreement. For clarity, the foregoing license includes any logos, trademarks, trade names and other similar identifying material that you provide through the Services. Such license will survive termination of this Agreement.
    3. Responsibility for Account Data. You must have the legal right to the Account Data you submit to or through the Services. You assume all risks associated with use of your Account Data, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Account Data that personally identifies you or any third party. You hereby represent and warrant that your Account Data does not violate the provisions of this Section 5. You may not represent or imply to others that your Account Data is in any way provided, sponsored or endorsed by Mangomint. You agree that Mangomint will not be responsible for any loss or damage incurred as the result of any interactions involving Account Data. You are solely responsible for resolving disputes regarding ownership or access to Account Data, including those involving any Users or current or former owners, co-owners, employees, affiliates, or contractors of your business. You acknowledge and agree that Mangomint has no obligation to resolve or intervene in such disputes.
    4. Aggregated Data. You agree that both before and after the term of this Agreement, Mangomint may: (i) generate or derive Aggregated Data from Account Data or the use of the Services and (ii) collect, analyze, use, retain, and otherwise process Aggregated Data for the purpose of operating, analyzing, improving or marketing the Services, developing new products or services, or other lawful purposes, provided such Aggregated Data does not identify, and is not reasonably linkable to, an identifiable individual person.
    5. HIPAA.
      1. The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") imposes rules for the protection of "protected health information" or " PHI" as defined by HIPAA. You shall not provide any PHI to Mangomint, or use the Services to process PHI unless you have both: (i) registered and paid to Mangomint the applicable fees for a HIPAA-Enabled Subscription Plan, and (ii) executed Mangomint’s Business Associate Agreement ("BAA"). As used in this section, "HIPAA-Enabled Subscription Plan" means a Subscription plan designated by Mangomint to include HIPAA Compliance as a feature on our website at https://www.mangomint.com/pricing/. If you or any User is subject to HIPAA, and desire to use the Services under a HIPAA-Enabled Subscription Plan to collect, store, or otherwise process PHI, you must notify Mangomint at support@mangomint.com or through the chat function within your Account, and we will provide you Mangomint’s BAA to sign.
      2. Your use of the Services to process PHI under a HIPAA-Enabled Subscription Plan shall at all times comply with the terms of the BAA and with any conditions, limitations, or configuration requirements described by Mangomint at https://www.mangomint.com/learn/hipaa-compliance/ or otherwise within the App or your Account. If at any time you downgrade a HIPAA-Enabled Subscription Plan to a Subscription plan that is not a HIPAA-Enabled Subscription Plan, you shall not, once the downgrade becomes effective, provide any further PHI to Mangomint, or otherwise use the Services to process PHI.
    6. Cardholder Data; PCI DSS. You are solely responsible for any liability resulting from your collection, use, and disclosure of Cardholder Data under your Accounts. You agree that you and each of your Users will comply with the applicable requirements of PCI DSS any time you use the Services to process Cardholder Data.
    7. Client and User Privacy. Account Owner shall at all times make available to its Users and Clients any privacy notices or other documentation, and obtain any consents or authorizations, that are or may be required by Applicable Laws relating to privacy and consumer protection. Unless otherwise provided by Applicable Laws, Account Owner is solely responsible for enabling, facilitating, and responding to its Users’ and Clients’ exercise of any rights available to them under applicable Privacy Laws with respect to Personal Information included in Account Data, including without limitation any rights to request access to, correction of, or deletion of such Personal Information. The Mangomint Data Processing Addendum available here: www.mangomint.com/legal/data-processing, the contents of which are incorporated by reference herein, will govern Mangomint’s and Account Owner’s rights and obligations with respect to the processing of any Personal Information that is subject to Privacy Laws and that is included in Account Data.
  6. Fees, Payment and Billing
    1. Fees and Payment. Fees and payment for the Services will be in accordance with your Order. You shall pay all fees as set forth in your Account or on the Order for the applicable Services, via payment card or other digital payment method at the time of signup, in which case your payment method will be billed immediately. If the fees are recurring over designated time periods stated in the Order, then payment is due prior to the start of each such period, and to the extent you pay automatically by payment card or other digital payment method, the payment method on file will be charged at the start of each pay period. You shall make all payments hereunder in US dollars to the account designated by Mangomint. If you fail to make any payment within 10 days after such fees are payable, then pursuant to Section 12, Termination and Suspension, Mangomint may terminate your access to the Services (including access by your Users and Clients) without liability or notice to you. Except as otherwise specified in this Agreement, payment obligations are non-cancelable and non-refundable. You authorize Mangomint to obtain credit reports or run other background inquiries at any time to assess eligibility to use the Services. Further, you authorize Mangomint to confirm that your payment method is in good standing with a financial institution for the term of your use of the Services.
    2. Subscription Auto-Renewal; Refund. Where Mangomint makes the Services available on a subscription basis, including through applicable tier levels or pre-paid fees, your payment card or other digital payment method will be billed at signup. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION WILL AUTO-RENEW FOR ANOTHER TERM OF THE SAME LENGTH AS THE INITIAL TERM AT THE APPLICABLE TIER LEVEL OR PRE-PAID AMOUNT, (B) MANGOMINT (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR MANGOMINT SUSPENDS OR STOPS PROVIDING ACCESS TO THE SERVICES OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION BY NOTIFYING US AT support@mangomint.com OR THROUGH THE CHAT FUNCTION WITHIN YOUR ACCOUNT INTERFACE IN THE SERVICES. IF YOU CANCEL BEFORE THE EXPIRATION DATE OF YOUR CURRENT SUBSCRIPTION, YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS THAT YOU HAVE ALREADY PAID, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
      You represent that you are authorized to use the payment method you authorize Mangomint to charge hereunder. By submitting payment information, you authorize Mangomint or its third-party processors, including Stripe, Inc. and its affiliates ("Stripe"), to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by Mangomint for purposes of acknowledging or completing any payment.
    3. Changes to Fees. Mangomint may, from time to time, revise fees for the Services, subject to 30 days’ prior notice to you via email to the email address we have on file associated with you as the Account Owner. By continuing to use the Services after any revisions to these fees are effective, you agree to abide and be bound by those revisions. If you do not agree to the revised fees, then you should discontinue your use of the Services or request Account deletion by contacting us at support@mangomint.com or through the chat function within your Account. Unless otherwise stated, any change to fees for the Services will be reflected in the next billing cycle after the change takes effect. 
    4. Subscription Cancellation or Account Deletion. You may cancel your Subscription or delete your Account at any time by following the procedures within your Account or contacting us at support@mangomint.com or through the chat function within your Account. Cancellation of your Subscription means that you will no longer have access to your Account or your Account Data. If you cancel your Subscription, you may reinstate your Account by contacting us at support@mangomint.com or via the chat function in your Account, but you may not have access to your previous Account Data including if it has been archived (archiving is done within six (6) months of your cancellation). Deletion of your Account means that we will handle your Account Data in accordance with Section 12, and delete or retain such data under our retention policies.
      You must cancel your Subscription or delete your Account prior to your next billing cycle to avoid charges for the following billing cycle. If you do not cancel your Subscription or delete your Account prior to your next billing cycle, then you will be automatically charged for the subsequent month. All fees for your monthly Subscription are non-refundable. You acknowledge that you are ineligible for a pro-rated refund of any amount of the fees paid for the monthly Subscription cycle at which you request cancellation of your Subscription or deletion of your Account. For any questions related to your individual billing cycle, please log onto your Account to view your billing cycle information or contact us at support@mangomint.com or through the chat function within your Account.
    5. Taxes. All fees and other amounts payable under this Agreement are exclusive of taxes, levies, duties and similar assessments imposed by applicable taxing authorities. Without limiting the foregoing, the Account Owner is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by the Account Owner hereunder, other than any taxes imposed on Mangomint’s income.
    6. Free Trial. Mangomint may make certain Services available for evaluation purposes free of charge. Such free trial is subject to any terms and conditions communicated to you at the time you initiate the free trial. Mangomint may terminate a free trial at any time in its sole discretion.
    7. Billing Disputes. If the Account Owner believes Mangomint has incorrectly charged fees hereunder, the Account Owner must contact Mangomint in writing within thirty (30) days of delivery of the relevant invoice or billing statement. If you fail to notify Mangomint of a billing issue or dispute as required under this Section, you waive your right to such dispute.
    8. Collection of Fees and Other Amounts. At any time, Mangomint may offset refunds, returns, credits, chargebacks, and other fees or amounts owed by you to Mangomint against amounts Mangomint owes to you, or invoice you for those amounts. If any excess payment has been made to you for any reason whatsoever, Mangomint reserves the right to adjust or offset the same against any subsequent amounts payable to you. If you fail to pay invoiced amounts when due, then Mangomint may, to the extent applicable law permits, deduct, recoup or setoff those amounts from your account balance that Mangomint determines, acting reasonably, is associated with you or your affiliate.
    9. Overdue Charges. Any amounts not received by the applicable due date may accrue late interest at the lesser of either (a) 1.5% of the outstanding balance per month, or (b) the maximum interest permitted by Applicable Laws, whichever is less, plus costs of collection. Any amount not received by Mangomint within 30 days after the applicable due date will be deemed a material default under this Agreement, resulting in suspension or termination of the Services by Mangomint. All amounts payable to Mangomint under this Agreement shall be paid to Mangomint in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason (other than any deduction or withholding of tax as may be required by Applicable Laws).
  7. Third-Party Services; Payroll Processing Services; App Store Terms
    1. Third-Party Services. The Services may link or provide access to, or operate with applications, websites or services provided by a third party and not Mangomint, including and without limitation as may be provided in connection with the payment processing and payroll processing services described in this Agreement ("Third-Party Services"). These Third-Party Services are provided for your convenience only and Mangomint does not approve, endorse, or recommend any Third-Party Services to you. Your access and use of any Third-Party Service is at your own risk and Mangomint disclaims all responsibility and liability for your use of any Third-Party Service. We shall have no liability whatsoever arising from or relating to your use of Third-Party Services. By using or enabling any Third-Party Services in connection with your use of the Services, you are expressly permitting Mangomint to disclose your Account Data and other information about you and your use of the Services to the extent necessary to facilitate your use of the Third-Party Services. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY SERVICES). MANGOMINT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

      2. You agree to resolve any disagreement between you and a third party regarding the Third-Party Services with that third party directly in accordance with the terms and conditions of that relationship.

    2. Payroll Processing Services. Mangomint may offer Account Owners the option to use certain payroll processing services provided by and through our third-party partner, Salsa Software Inc. ("Salsa") (such services, the "Payroll Processing Services"). The Payroll Processing Services are Third-Party Services. Your use of the Payroll Processing Services is subject to the Salsa Payroll Service User Terms of Use as set forth at https://www.salsa.dev/payroll-service-user-terms. If you access or use the Payroll Processing Services through the Services, you as the Account Owner hereby:
      1. enter into and agree to be bound by the Salsa Payroll Service User Terms of Use as set forth at https://www.salsa.dev/payroll-service-user-terms, as they may be updated from time to time;
      2. authorize Mangomint to disclose your Account Data to Salsa as necessary for Salsa to provide the Payroll Processing Services;
      3. represent and warrant that you have given such notices to, and obtained such consents from, your Users as may be necessary under Applicable Law for Mangomint to disclose your Account Data to Salsa and for Salsa to process such Account Data to provide the Payroll Processing Services; and
      4. agree that Salsa may use, modify, and disclose your Account Data (i) to provide the Payroll Processing Services; (ii) to test and improve Salsa’s products and services, including to train Salsa’s algorithms, and for Salsa’s troubleshooting, development, diagnostic, security, and corrective purposes; and (iii) as otherwise set forth in the Salsa Payroll Service User Terms of Use, Salsa’s General Terms of use as set forth at https://www.salsa.dev/terms-of-use, and Salsa’s Privacy Policy as set forth at https://www.salsa.dev/privacy-policy, as they may be modified from time to time.

      It is the Account Owner’s sole responsibility to comply with all Applicable Laws, including federal, state, and local wage and hour laws, in connection with the Payroll Processing Services.You are responsible for determining whether the Payroll Processing Services meet your business’ payroll and reporting obligations, and we are not providing any legal, financial, accounting, tax or other professional advice to you by providing the Payroll Processing Services. You should consult federal and local government websites and/or consult with qualified counsel to help you with your compliance obligations.

    3. App Store Terms. To use our App, you must have a mobile device that is compatible with it. We do not warrant that the App will be compatible with your mobile device. You acknowledge that we may issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device, but that we have no obligation to do so. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

      4. You acknowledge and agree that the availability of the App is dependent on the third party from whom you download the App (the Apple App Store, Google Play, or other app store or distribution platform ("App Provider")). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Provider in connection with the App. You acknowledge that this Agreement is between you and Mangomint and not with the App Provider. Mangomint, not the App Provider, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You agree to comply with, and your license to use the App is conditioned on your compliance with, all applicable third-party terms of agreement (e.g., the App Provider’s terms and policies) when using the App. The App Provider is a third-party beneficiary of this Agreement as related to your use of the App, and the App Provider will have the right to enforce this Agreement as related to your use of the App against you. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties. 

  8. Indemnification

    You agree to defend, hold harmless and indemnify Mangomint and its affiliates and representatives and each of their respective directors, officers, employees, and agents (collectively, the "Mangomint Parties") from and against any claims, liabilities, costs and expenses, including reasonable attorneys’ fees and other costs arising from your or your Users or Clients’ use of the Services, your Account Data , your violation of Applicable Laws, infringement or misappropriation of third-party intellectual property rights, any contractual or other relationship between you and any of your Clients or other parties, any fees, fines, refunds, returns, chargebacks or other liabilities imposed by Stripe, or your actual or alleged breach of this Agreement (and any agreement with Stripe, Salsa, or any third party), or any other act or omission by you or your Users, including your violation of any rights of another, arising from use of the Services, any purchase, sale or other transaction between you and a third party; or any dispute or issue between you and another party, including Stripe, Salsa, or any of your Clients. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.

  9. Disclaimers

    THE SERVICES AND ALL FEATURES, CONTENT, FUNCTIONS, SOFTWARE, PRODUCTS AND MATERIALS PROVIDED ON OR THORUGH THE SERVICES OR THE APP ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND MANGOMINT (AND PROVIDERS OF THIRD-PARTY SERVICES AND SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH MANGOMINT AND THE MANGOMINT PARTIES.

    WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SERVICES FORM ANY RELATIONSHIP (OTHER THAN THE CONTRACTUAL RELATIONSHIP CREATED BY THIS AGREEMENT), WHETHER IMPLIED OR EXPRESS, WITH MANGOMINT. MANGOMINT HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF YOUR USE OF ANY CONTENT CONTAINED ON OR THROUGH THE SERVICES.

    IT IS POSSIBLE FOR OTHER USERS OF THE SERVICES TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHER USERS OF THE SERVICES OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE THROUGH THE SERVICES.

    MANGOMINT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ACCOUNT DATA, OR LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER SYSTEMS THAT RESULTS FROM YOUR USE OF THE SERVICES. CUSTOMERS ARE SOLELY RESPONSIBLE FOR BACKING UP ACCOUNT DATA.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANGOMINT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  10. Limitation of Liability; Third Party Disputes
    1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MANGOMINT PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES EXCEED THE AMOUNT OF FEES, IF ANY, ACTUALLY PAID BY YOU TO MANGOMINT FOR YOUR USE OF THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT AND SHALL APPLY EVEN IF THE NON-BREACHING PARTY’S REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH MANGOMINT AND THE MANGOMINT PARTIES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
    2. IN NO EVENT WILL MANGOMINT OR THE MANGOMINT PARTIES HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY LOST BUSINESS OR LOST SALES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF MANGOMINT, OR THE MANGOMINT PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL THE MANGOMINT PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES.

      3. YOU ACKNOWLEDGE AND AGREE THAT MANGOMINT HAS SET ITS FEES AND ENTERED INTO THIS TERMS OF SERVICE IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS) AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 

      THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    3. Third-Party Disputes. Mangomint has no responsibility for any dispute between you and your Users or Clients. Mangomint will have no liability for any damages of any kind, under any theory of law, that relate to your relationship with a User or Client, even if Mangomint has been advised of the possibility of such damages. BECAUSE MANGOMINT IS NOT INVOLVED IN THE PROVISION OF ANY SERVICES BY YOU OR YOUR USERS, YOU HEREBY RELEASE AND FOREVER DISCHARGE THE MANGOMINT PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER OR CLIENT, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF THE SERVICES OR OTHERWISE.
  11. Hosting

    The Services are hosted in the United States. You acknowledge and agree that when you use the Services your Account Data may be received in or transferred to locations outside the jurisdiction in which you are located. The laws and regulations in these locations may differ from the jurisdiction where you are located and may not provide the same level of protection compared to the laws in the jurisdiction in which you are located.

  12. Termination and Suspension
    1. Right to Terminate, Change, Suspend and Discontinue. Mangomint may terminate, change, suspend or discontinue the Services at any time for any reason. We may restrict, suspend or terminate your Account or your access to the Services if we believe you are in breach of this Agreement or Applicable Laws, or for any other reason without notice or liability. In the event of a termination pursuant to this Section 12.1, you must immediately pay Mangomint any unpaid fees.
    2. Rights upon Our Termination of your Account or Services. If we have terminated your Account or otherwise canceled your access to the Services, you will have no rights to continue use of the Services and will cease all use of the Services; and except as specified in the following paragraph, Mangomint will have no obligation to maintain your Account. If we have terminated your Account or otherwise canceled your access to the Services, you may not return to the Services for any reason or in any manner without Mangomint’s prior written consent.

      3. For a period of at least 30 days following a notice of termination, Mangomint will make Account Data in its possession or control available in the Account Owner’s Account. After such period, Mangomint will have no obligation to retain or provide access to Account Data associated with such Account, except as required by Applicable Laws. If at any time during your Subscription term you require Mangomint’s assistance in retrieving Account Data, additional fees may apply. Mangomint may provide assistance to an Account Owner to access and export certain Account Data in available formats in Mangomint’s sole discretion.

    3. Effect of Any Termination or Expiration of the Services or your Account. In the event of any termination or expiration of your Account, your Subscription, or the Services, any pending transactions will be cancelled. Your funds may be held if there is a pending investigation at the time of your Account termination or deletion or Subscription or Services cancellation. If the investigation yields that you are entitled to some or all the funds in dispute, we will promptly instruct the release of those funds to you. 

      4. Additionally, in the event of any termination or expiration of your Account, your Subscription, or the Services, you agree that (a) you will be bound by this Agreement to the extent such obligations survive termination or deletion of your Account or cancellation of your Subscription; (b) you will immediately stop using the Services; (c) any licenses to any of the Services granted to you under this Agreement shall end; and (d) your access to third-party platforms Third-Party Services on or through the Services are hereby canceled.

      You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, and other liability incurred by Mangomint caused by or arising out of your breach of this Agreement or your use of the Services. You will remain liable for all obligations related to your Account even after your Account is closed. 

    4. Retention of Account Data. In the event of any termination or expiration of your Account, your Subscription, or the Services, Mangomint may retain Account Data and any other data accessed through the Services as long as required to comply with applicable laws and our policies. Notwithstanding anything in this Agreement, Mangomint has no obligation to store or backup your Account Data following termination of your account, and you are solely responsible for backing up your Account Data. 
    5. Survival. The following will survive any expiration or termination of this Agreement: the Introduction and Sections 1.3, 1.4, 1.5, 2.3, 2.4, 2.5, 2.6, 3-10, 12-22 of this Agreement, and Sections 1.3, 1.4, and 1.5 of the Payments Services Terms.
  13. Governing Law; Jurisdiction and Venue
    1. Governing Law. This Agreement and the transactions it contemplates, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of Delaware in the United States of America, including its statutes of limitation, but without reference to conflict or choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
    2. Jurisdiction and Venue. Any legal suit, action, or proceeding arising out of or related to this agreement or the rights granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City and County of San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. You further agree to service of process on you by e-mail to the address you have submitted on the Services, if any, and by any other means permitted by law.
  14. Limitation on Time to File Claims

    YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  15. Force Majeure

    Neither party to this Agreement will be liable for any delay or failure to perform its obligations (other than for delay in the payment of money due and payable hereunder) for causes or events beyond that party’s reasonable control and occurring without that party’s fault or negligence, including without limitation, acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, internet service failure, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

  16. Notice

    Except as otherwise specified in the Agreement, any notices to Mangomint under this Agreement must be delivered via first class registered U.S. mail, overnight courier, to: 

    Mangomint, Inc.
    Attention: Mangomint Legal Team
    10401 Venice Blvd #497
    Los Angeles, CA 90034
    USA

    Any notices to you may be delivered to you within the Services or to the email address(es) we have on file for your account. You hereby consent to receive notice from Mangomint through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then on the next business day. Please report any violations of this Agreement to Mangomint at the contact listed above.

  17. Export

    You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce, the US Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export in violation of any such restrictions, laws or regulations. You represent and warrant to Mangomint that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws and will not submit to the Services any information controlled under the U.S. International Traffic in Arms Regulations. If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction.

  18. Entire Terms; Construction; Assignment

    This Agreement, together with any ordering documents we provide and enter with you, constitute the entire agreement between you and us with respect to the subject matter hereof, and supersedes any and all prior understandings and agreements between us respecting such subject matter. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Mangomint’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Mangomint may freely assign this Agreement, and in such case, this Agreement shall be binding upon assignees. 

  19. Waiver and Severability

    No waiver of any provision of this Agreement by Mangomint will be effective unless in writing and signed by Mangomint. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.

  20. Relationship of the Parties

    This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Mangomint.

  21. Copyright/Trademark Information

    Copyright © 2024. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

  22. Definitions

    "Aggregated Data" means anonymized, de-identified, or aggregated data derived by or through the operation of the Services that is created by or on behalf of Mangomint in compliance with Applicable Laws and that does not reveal any personally identifying information and is not reasonably linkable to an individual person or their households. 

    "Cardholder Data" means Clients’ payment card numbers, expiration dates, and associated cardholder names as entered into the Services by you, your Users, or your Clients. 

    "Client" means an individual who is a client of the applicable Account Owner or its Users and who book salon and spa appointments with, purchase products and services from, or that the applicable Account Owner or User communicates with, or targets through the Services, or whose information is otherwise collected through the Services, by Account Owner or its Users.

    "Documentation" means online user guides, documentation, and help and training materials, as may be updated by Mangomint from time to time, provided by Mangomint as part of the Services.

    "Mangomint ID" means the User ID and password established by or for a User for the purpose of accessing and using the Services on behalf of one or more Account Owners. 

    "Mangomint Platform" means Mangomint’s online software platform and tools to help manage the business and services of Account Owners, and facilitate interaction with Clients. 

    "PCI DSS" means the then-current version of the Payment Card Industry Data Security Standard, as made available by the PCI Security Standards Council at https://www.pcisecuritystandards.org/. 

    "Personal Information" means any information relating to an identified or identifiable natural person, including information that constitutes "personal information" or "personal data" under applicable Privacy Laws.

    "Privacy Laws" means any United States federal or state laws or regulations that relate to the privacy, confidentiality, integrity, availability, or security of Personal Information, including without limitation the California Consumer Privacy Act as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code §§ 1798.100 et seq.; the Virginia Consumer Data Protection Act, Va. Code Ann. §§ 59.1-575 et seq.; the Colorado Privacy Act, Colo. Rev. Stat. §§ 6-1-1301 et seq.; the Connecticut Data Privacy Act, Conn. Gen. Stat. §§ 42-515 et seq.; and the Utah Consumer Privacy Act, Utah Code Ann. §§ 13-61-101 et seq., and in each case any regulations and guidance that may be issued thereunder.

    "Services" means, collectively, the Mangomint mobile application, the Mangomint Platform, and any software, functionality, tools, and services provided by Mangomint through the foregoing, related Documentation, and any other products or services provided by Mangomint.

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