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Last Updated: SEPTEMBER 29, 2023
Terms & Conditions
PEOPLE MESH, INC. PRIVACY POLICY
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1. Introduction to Mesh and Our Site.
People Mesh, Inc. is a B2B people management software company. The Mesh Web Platform provides employee performance and engagement needs for continuous performance management and goal tracking.
2. Acceptance of Terms and Conditions.
People Mesh, Inc. (d/b/a "Mesh") provides the Site , including the Web Platform, the API and any functionality offered on or through the Site, to you subject to these Terms and Conditions (the “Terms”).
These Terms include Mesh’s Privacy Policy, which explains how Mesh collects, uses and protects data from visitors to the Site. If you do not agree with any part of these Terms, you may not use the Site in any way. Your use of the Site indicates your acceptance of these Terms. Use of the Web Platform and certain portions of the Site are only available to Mesh registered users. If you are a Mesh registered user, your use of the Site is conditioned on your acceptance of these Terms. If your organization has entered into a commercial agreement with Mesh, including any agreement or addendum related to the protection of personal data (a “Customer Agreement”), then (i) the terms of the Customer Agreement govern the relationship between your organization and Mesh, and these Terms govern your individual use of the Site, and (ii) if there is any conflict between these Terms and the Customer Agreement, the Customer Agreement will take precedence over these Terms.
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at contactus@mesh.ai.
3. Site Access and Account Security.
Mesh grants you a personal, limited, non-exclusive, non-transferable, revocable right to access and use the Site and, if you are a registered user, to access through your browser, the Web Platform or an Integration (defined below), in each case in accordance with these Terms and any Customer Agreement between your organization and Mesh.
Mesh makes available to its customers and their users from time-to-time Web Platformlication programming interfaces, browser or other Web Platformlication plugins and related documentation and other related materials, which may include sample code (collectively, the “API”). If you are a registered user, or an administrator or developer on behalf of an organization that is a Mesh customer, then you may use the API for your or such customer’s internal business purposes to develop or enable web or other software or Web Platformlications (“Integrations”) that will communicate and interoperate. Notwithstanding anything in these Terms or other agreement between you or your organization and Mesh to the contrary, the API is provided “as is,” and Mesh makes no representation or warranty of any kind in connection with the API, including without limitation any representation or warranty that the API, Integrations, or any products or results of the use of the API or Integrations will meet your or your organization’s requirements, achieve any intended result, be compatible or work with any of your or your organization’s or any third party’s software, systems.
If you are an administrator on behalf of an organization that is a Mesh customer, then you may designate authorized users of your organization’s account, and by using the Site, you confirm that you are authorized by your organization to do so. Those authorized users will have the ability to access your organization’s account and to take any actions that users are authorized to take under these Terms and any Web Platformlicable Customer Agreement. If you establish or are given a user account as an employee or contractor of an organization that has a Customer Agreement with Mesh, you represent that you are authorized by your organization to do so, and you agree to use the Site solely as authorized by your organization.
To access certain areas of the Site, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the Site that all such details and information that you provide be correct, current and complete. You expressly agree that all information you provide to register with Mesh is subject to the terms of Mesh’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with Mesh’s Privacy Policy.
If you choose or are provided with a username, password or any other information as part of the security features of the Site, you agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. Your user account, if Web Platformlicable, is personal to you, and you agree not to provide any other person with access to the Site through your user account. You agree to notify Mesh immediately if you become aware of any unauthorized access or use of your username, password or other security information.
Mesh reserves the right to bar access to the Site and by any unauthorized user, or any user who Mesh has reason to believe is in breach of these Terms.
4. Intellectual Property Rights; Trademarks.
Except as otherwise expressly stated in these Terms, the Site, and their entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, media, and the design, selection and arrangement thereof), are owned by Mesh, its licensors or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site is transferred to you, and all rights not expressly granted to you in these Terms are reserved by Mesh.
Without limiting the foregoing paragraph, the name Mesh, the Mesh logo and all other trademarks, logos, product names, designs and slogans ("Marks") displayed on the Site or through the trademarks of Mesh or its licensors. You must not use any Marks for any purpose without prior, written permission from Mesh or its Web Platformlicable licensor.
5. User Content
Portions of the Site include interactive features, such as messaging functions (peer bonuses and other forms of employee recognition), comment features, personalized areas, and profiles that allow registered users to post, display or transmit messages, content and other materials (collectively, "User Content").
Mesh is under no obligation to review any User Content and assumes no responsibility or liability relating to any User Content. Mesh may block, reject and/or remove any User Content at any time.
You represent and warrant that you own or control all rights in and to all User Content that you post, display or transmit through the Site and that you have the right to grant the license granted below to us and our licensees, successors and assigns. You also represent and warrant that all of your User Content does and will comply with these Terms. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Mesh, shall be liable for such User Content, including its legality, reliability, accuracy and Web Platformropriateness.
Any User Content you post, display or transmit through the Site may be visible to other authorized users within your organization’s account. By providing any User Content, you grant to Mesh and its licensees, successors and assigns the right to use, reproduce, modify, perform, display, and distribute any such User Content, but only for (i) purposes of operating and providing the Site to you and to your organization and other authorized users in your organization, if Web Platformlicable according to your account settings or the terms of your organization’s Customer Agreement, and (ii) Mesh's internal business purposes, including without limitation for analyzing usage of and improving its Site.
6. Monitoring and Enforcement; Termination.
You understand and acknowledge that Mesh has the right to:
Without limiting the foregoing, Mesh has the right to cooperate with any law enforcement authorities or court order requesting or directing Mesh to disclose the identity or other information of anyone posting any materials on or through the Site.
7. Prohibited Uses.
In accessing and using the Site, you agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any portion of the Site or any material on the Site, except that (i) your computer or device may temporarily store copies of such materials in memory incidental to your accessing, viewing or posting such materials, (ii) you may store files that are automatically cached by your browser for display purposes, (iii) if Mesh provides you with a mobile or other Web Platformlication for download, you may download a single copy to your computer or device solely for your own personal use, subject to these Terms, and (iv) if Mesh provides you with access to interactive features of the Site, you may take such actions as are enabled by such features.
In addition, in connection with your use of the Site you agree not to:
8. Disclaimer of Warranties; Limitation of Liability.
YOUR USE OF THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK, AND THE SITE, ITS CONTENT AND ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Mesh NOR ANY PERSON ASSOCIATED WITH Mesh MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER Mesh NOR ANYONE ASSOCIATED WITH Mesh REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, ANY ITEMS OBTAINED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Mesh HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER WEB PLATFORMLICABLE LAW.
EXCEPT AS EXPRESSLY SET FORTH IN YOUR ORGANIZATION’S CUSTOMER AGREEMENT, IF ANY, AND TO THE FULLEST EXTENT PERMITTED UNDER WEB PLATFORMLICABLE LAW, IN NO EVENT WILL Mesh, ITS AFFILIATES OR THEIR LICENSORS, PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE ANY CONTENT MADE AVAILABLE ON THE SITE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF THE CAUSE OF ACTION (INCLUDING TORT AND BREACH OF CONTRACT OR OTHERWISE), EVEN IF FORESEEABLE, AND WHETHER OR NOT Mesh HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Mesh’s LIABILITY FOR DIRECT DAMAGES, IF ANY, SHALL IN THE AGGREGATE BE LIMITED TO THE AMOUNTS PAID BY YOU TO Mesh IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO SUCH LIABILITY.
9. Indemnity.
You agree to defend, indemnify and hold harmless Mesh (and its officers, directors, employees, agents, affiliates, contractors, licensors, suppliers, successors and assigns) from and against any claims, demands, liabilities, damages, judgements, awards, losses, costs (including reasonable attorneys’ fees), arising out of or relating to your breach of these Terms, including, but not limited to, your User Content, your violation of any Web Platformlicable law or the rights of a third party, or your use of the Site other than as expressly authorized by Mesh.
10. Electronic Communication.
You consent to receive communications electronically from Mesh and its affiliates and partners. Mesh will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
11. Links.
You agree to defend, indemnify and hold harmless Mesh (and its officers, directors, employees, agents, affiliates, contractors, licensors, suppliers, successors and assigns) from and against any claims, demands, liabilities, damages, judgements, awards, losses, costs (including reasonable attorneys’ fees), arising out of or relating to your breach of these Terms, including, but not limited to, your User Content, your violation of any Web Platformlicable law or the rights of a third party, or your use of the Site other than as expressly authorized by Mesh.
9. Indemnity.
You agree to defend, indemnify and hold harmless Mesh (and its officers, directors, employees, agents, affiliates, contractors, licensors, suppliers, successors and assigns) from and against any claims, demands, liabilities, damages, judgements, awards, losses, costs (including reasonable attorneys’ fees), arising out of or relating to your breach of these Terms, including, but not limited to, your User Content, your violation of any Web Platformlicable law or the rights of a third party, or your use of the Site other than as expressly authorized by Mesh.
9. Indemnity.
You agree to defend, indemnify and hold harmless Mesh (and its officers, directors, employees, agents, affiliates, contractors, licensors, suppliers, successors and assigns) from and against any claims, demands, liabilities, damages, judgements, awards, losses, costs (including reasonable attorneys’ fees), arising out of or relating to your breach of these Terms, including, but not limited to, your User Content, your violation of any Web Platformlicable law or the rights of a third party, or your use of the Site other than as expressly authorized by Mesh.
14. Dispute Resolution and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Mesh AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Mesh agree (a) to waive your and Mesh’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, resolved in a court, and (b) to waive your and Mesh’s respective rights to a jury trial. Instead, you and Mesh agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).
You and Mesh agree that any Dispute arising out of or related to these Terms or use or access of our Website is personal to you and Mesh and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Mesh agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Mesh agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You and Mesh agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by Web Platformlicable law.
You and Mesh agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Mesh shall be sent by certified mail or courier to People Mesh, Inc., 1334 The Alameda, APT 185 San Jose, CA 95126. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Mesh’s account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Mesh cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the Web Platformlicable party, then either you or Mesh may, as Web Platformropriate and in accordance with this Section, commence an arbitration proceeding.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND Mesh AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR Mesh WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND Mesh WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Mesh agree that (a) any arbitration will occur in New Castle County, Delaware, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of Delaware, have exclusive jurisdiction over any Web Platformeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
As limited by the FAA, these Terms and the Web Platformlicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the Web Platformlicable AAA Rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under Web Platformlicable law. We will not seek and hereby waive all rights we may have under Web Platformlicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not Web Platformly for any reason.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by Web Platformlicable law.
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: PEOPLE MESH, INC., RE: OPT-OUT, [ADDRESS] . IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 15.
15. Miscellaneous.
If any provision of these Terms are deemed by a competent court to be invalid, void, or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the Web Platformlicable provision, and any unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. From time-to-time, Mesh may offer special promotional offers which may or may not Web Platformly to your Mesh account. Headings are for reference purposes only and do not limit the scope or extent of such section. These Terms and the relationship between you and Mesh will be governed by the laws of the state of Delaware without regard to its conflict of law provisions. You and Mesh agree to submit to the personal jurisdiction of the federal and state courts located in the state of Delaware with respect to any legal proceedings that may arise in connection with these Terms. Notwithstanding any other provision of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms. Any failure of Mesh to act with respect to a breach by you or others shall not serve as a waiver of its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. Except for the Web Platformlicable terms of any Customer Agreement between your organization and Mesh, these Terms constitute the entire agreement between you and Mesh with respect to the Site, superseding any prior understandings, representations, and agreements between you and Mesh with respect to the Site.
