Terms of Service
Last Updated: 2024-12-29
Welcome to Mundo Tree (“Mundo Tree,” “we,” “us,” or “our”)! These Terms of Service (“Terms”) govern your access to and use of our personal, web-based and mobile application services (the “Service”), including our dynamic tree-creation and family tree-building platform, and any associated websites, software, or other functionalities. “You” and “your” means the individual visitor, user, or customer accessing or using the Service.
Table of Contents
- Acceptance of Terms
- Modifications and Updates
- Eligibility
- Accounts
- Subscription & Payment
- Content and Intellectual Property
- User Conduct
- Workspaces, Collaboration, and Organization Accounts
- Data and Privacy
- Termination
- Disclaimer and Limitations of Liability
- Indemnification
- Dispute Resolution and Arbitration
- Governing Law and Jurisdiction
- Miscellaneous
- Contact Us
1. Acceptance of Terms
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to use the Service.
These Terms apply to personal use of the Service. If you are using the Service on behalf of an organization (e.g., an employer, a nonprofit, or any other “Organization”), you may be subject to additional or different terms, and the ownership of content you create in that Organization’s workspace may be governed by the Organization’s policies.
2. Modifications and Updates
We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. If a revision is material, we may provide notice (e.g., by emailing the email address associated with your account, or by posting an update on our site). Your continued use of the Service after any changes become effective constitutes your acceptance of the revised Terms.
3. Eligibility
- You must be at least 13 years old (or the age of majority in your jurisdiction) to use the Service.
- By using the Service, you represent that you are not barred from doing so under any applicable laws or regulations.
4. Accounts
4.1 Account Creation
You may need to register and create an account to use certain features of the Service. During registration, please provide accurate, complete information, and update it promptly if it changes.
4.2 Security
You are responsible for maintaining the confidentiality of your login credentials. You accept responsibility for all activities or actions under your account. Immediately notify us of any unauthorized use of your account or password.
4.3 Personal Use Only
The Service is intended for personal use unless you have explicitly entered into an Organization-level agreement. Sharing your account credentials or using another user’s account is prohibited.
5. Subscription & Payment
Certain features of Mundo Tree may be offered under a paid subscription plan (a “Subscription”). Pricing, billing cycles (monthly or yearly), and features will be detailed on our website. By signing up for a Subscription:
- You authorize us (or our payment processor) to charge your payment method for the relevant fees and any applicable taxes.
- Unless stated otherwise, fees are non-refundable.
- Auto-Renewal: Your Subscription automatically renews at the end of each billing cycle unless you cancel prior to the renewal date.
- You can cancel your Subscription anytime, but cancellations typically take effect at the end of the current billing cycle.
6. Content and Intellectual Property
6.1 User Content
- Ownership: You retain ownership of all text, images, data, or other materials (“User Content”) you upload to the Service. We do not claim any ownership rights in your User Content.
- License to Us: By submitting or posting User Content, you grant Mundo Tree a limited, non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute your User Content solely for the purpose of providing and improving the Service.
- Responsibility: You are solely responsible for any User Content you upload and must ensure it does not violate any law or infringe any third-party rights.
6.2 Mundo Tree Content
- We (and our licensors) exclusively own all right, title, and interest in and to the Service, including trademarks, service marks, and any associated intellectual property. You agree not to remove any copyright or proprietary notices.
7. User Conduct
You agree not to:
- Post or transmit any content that is unlawful, infringing, obscene, defamatory, or otherwise objectionable;
- Use the Service in a manner that could disable, overburden, or otherwise impair our systems;
- Duplicate, reverse-engineer, or disassemble any aspect of the Service;
- Attempt to hack or gain unauthorized access to other accounts or systems;
- Introduce viruses, worms, or other harmful code;
- Use the Service for any illegal or unethical purposes.
8. Workspaces, Collaboration, and Organization Accounts
8.1 Personal Workspaces
- Your personal “Workspace” is accessible only to you (and any explicitly invited guests).
- If you use an email domain belonging to an Organization, that Organization may have certain rights to claim or manage your Workspace.
8.2 Organization Workspaces
- When you join an Organization’s workspace, you acknowledge that the Organization’s admin may access, modify, or remove your content in that workspace.
- If your Organization invites you to collaborate, your use in that workspace is subject to that Organization’s policies. The Organization may restrict or terminate your access at its discretion.
9. Data and Privacy
Use of the Service is also governed by our Privacy Policy and Cookie Notice, which explain how we collect, use, and share your data. By using the Service, you consent to all actions taken by us with respect to your data in compliance with our Privacy Policy.
10. Termination
10.1 By You
You can stop using the Service and, if desired, delete your account at any time. Once deleted, your User Content in personal workspaces will become inaccessible, and after a retention period (e.g., 30 days), your data may be permanently removed from our servers.
10.2 By Us
We may suspend or terminate your account or access to the Service at any time without prior notice, for any reason including but not limited to a breach of these Terms.
11. Disclaimer and Limitations of Liability
11.1 Disclaimer
- The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.
- To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.2 Limitation of Liability
- In no event shall Mundo Tree or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages.
- Our total liability shall not exceed the fees you paid (if any) in the 12 months prior to the event giving rise to liability, or USD $20, whichever is greater.
12. Indemnification
You agree to defend, indemnify, and hold harmless Mundo Tree, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, or expenses (including attorney’s fees) arising out of or related to your use of the Service, your User Content, or your breach of these Terms.
13. Dispute Resolution and Arbitration
Any dispute arising out of or related to these Terms or your use of the Service shall be settled by binding arbitration under the rules of the American Arbitration Association. You waive the right to a trial by jury or to participate in a class action. Any arbitration will be conducted on an individual basis, and class arbitrations are not permitted.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict-of-law principles. Any disputes that are not required to go to arbitration will be heard exclusively in the state or federal courts located in New Jersey.
15. Miscellaneous
- No Waiver: Our failure to enforce any right under these Terms does not constitute a waiver of that right.
- Severability: If any provision is held invalid, the remaining provisions will continue in full force and effect.
- Entire Agreement: These Terms, together with the Privacy Policy and Cookie Notice, constitute the entire agreement between you and Mundo Tree regarding your use of the Service.
16. Contact Us
If you have questions or comments regarding these Terms, please email us at:
Email: support@mundotree.com