Last Updated: March 2, 2022

Terms & Conditions

PEOPLE MESH, INC. PRIVACY POLICY

1. Introduction to Mesh and Our Site.

People Mesh, Inc. is a B2B people management software company. The Mesh platform provides employee performance and engagement needs for continuous performance management and goal tracking.


2. Acceptance of Terms and Conditions of Service.


People Mesh, Inc. (d/b/a "Mesh") provides the Site and the Service, including the App, the API and any functionality and services offered on or through the Site and the Service, to you subject to these Terms and Conditions of Service (the “Terms”).


These Terms include Mesh’s Privacy Policy, which explains how Mesh collects, uses and protects data from visitors to the Site and users of the Service. If you do not agree with any part of these Terms, you may not use the Site or the Service in any way. Your use of the Site indicates your acceptance of these Terms. Use of the App 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 and the Service 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 the Service, 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 and use the Service through your browser, the App 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 application programming interfaces, browser or other application 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 services or applications (“Integrations”) that will communicate and interoperate with the Service. 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 or other services.


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 and the Service, 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 applicable 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 and the Service solely as authorized by your organization.


To access certain areas of the Site and the Service, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the Site and the Service 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 or the Service, 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 applicable, is personal to you, and you agree not to provide any other person with access to the Site or the Service 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 the Service 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 the Service, 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 or any part of the Service 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 and service names, designs and slogans ("Marks") displayed on the Site or through the Service are trademarks of Mesh or its licensors. You must not use any Marks for any purpose without prior, written permission from Mesh or its applicable licensor.

5. User Content

Portions of the Site and the Service 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 or the Service 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 appropriateness.


Any User Content you post, display or transmit through the Site or the Service 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 and the Service to you and to your organization and other authorized users in your organization, if applicable 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 and the Service.

6. Monitoring and Enforcement; Termination.

You understand and acknowledge that Mesh has the right to:

  • Remove or refuse to post or transmit any User Content for any or no reason in its sole discretion.
  • Take any action with respect to any User Content that Mesh deems necessary or appropriate in its sole discretion, including if Mesh believes that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the Service or could create liability for Mesh or its customers or other users.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or the Service.
  • Terminate or suspend your access to all or part of the Site or the Service, including for any violation of these Terms, subject to the termination provisions of any applicable Customer Agreement between your organization and Mesh.

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 or the Service.

7. Prohibited Uses.

In accessing and using the Site and the Service, 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 application 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 and the Service, you may take such actions as are enabled by such features.

In addition, in connection with your use of the Site and the Service you agree not to:

  • Download or copy the Site or any content or account information for the benefit of another vendor or any other third party.
  • Cache or create, post or transmit any unauthorized hypertext links to the Site or frame any part of the Site or any content.
  • Post, transmit or link to any User Content that you do not have a right to make available (such as material that infringes any patent, trademark, trade secret, copyright or other intellectual property rights or any other person).
  • Post, transmit or link to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Use any data mining, robots, spiders or other automatic devices, processes or means to access, monitor or copy any part of the Site or any materials made available on the Site or through the Service.
  • Bypass any measures used by Mesh to prevent or restrict access to the Site or the Service.
  • Post, transmit or link to any material that is deceptive, defamatory, obscene, indecent, abusive, offensive, harassing, sexually explicit, discriminatory or otherwise objectionable.
  • Violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding data privacy or the export of data or software to and from the U.S. or other countries).
  • Post, transmit or link to any confidential, personal data not otherwise specifically required to use any feature of the Site or the Service,
  • Exploit, harm or attempt to exploit or harm minors in any way.
  • Post, transmit, link to, knowingly receive, download, use or re-use any material which does not comply with the User Content requirements set out in these Terms or in violation of Mesh’s Privacy Policy.
  • Use the Site or the Service in any way to express or comment on any political point of view or to contact or communicate with anyone who does not know you or would be unlikely to recognize you as a known contact.
  • Post, transmit or link to any advertising or promotional material, except solely in connection with the peer-recognition functionality of the Site and the Service to other users in your organization, to the extent intended by Mesh and your organization.
  • Post, transmit or link to chain letters or other repetitive communications, comments or materials, including without limitation communications to distribution lists, newsgroup aliases or group aliases.
  • Impersonate or attempt to impersonate Mesh, a Mesh employee, another user or any other person or entity, or create any impression of endorsement by Mesh, or any other person without such person’s express written consent.
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or the Service, or which, as determined by Mesh, may harm Mesh or other users of the Site or the Service.
  • Use the Site or the Service in any manner that, in Mesh’s sole determination, could disable, overburden, damage, or impair the Site or the Service or interfere with any other party's use of the Site or the Service.
  • Otherwise attempt to interfere with the proper working of the Website.

8. Disclaimer of Warranties; Limitation of Liability.

YOUR USE OF THE SITE, ITS CONTENT, AND THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE SERVICES IS AT YOUR OWN RISK, AND THE SITE, ITS CONTENT AND ANY SERVICES OR 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 OR THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER Mesh NOR ANYONE ASSOCIATED WITH Mesh REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SITE OR THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICE 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 APPLICABLE LAW.


EXCEPT AS EXPRESSLY SET FORTH IN YOUR ORGANIZATION’S CUSTOMER AGREEMENT, IF ANY, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Mesh, ITS AFFILIATES OR THEIR LICENSORS, SERVICE 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, THE SERVICE, OR ANY CONTENT MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICE, 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 applicable law or the rights of a third party, or your use of the Site or the Service 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 applicable law or the rights of a third party, or your use of the Site or the Service 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 applicable law or the rights of a third party, or your use of the Site or the Service 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 applicable law or the rights of a third party, or your use of the Site or the Service 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.

  1. Binding Arbitration

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).

  1. No Class Arbitrations, Class Actions or Representative Actions

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.

  1. Federal Arbitration Act

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 applicable law.

  1. Notice; Informal Dispute Resolution

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 applicable party, then either you or Mesh may, as appropriate and in accordance with this Section, commence an arbitration proceeding.

  1. Process

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 appeals 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.

  1. Authority of Arbitrator

As limited by the FAA, these Terms and the applicable 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 applicable 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 applicable law. We will not seek and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.

  1. Rules of AAA

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 apply for any reason.

  1. Severability

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 applicable law.

  1. Opt-Out Right

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 applicable 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 apply 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 applicable 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 and the Service, superseding any prior understandings, representations, and agreements between you and Mesh with respect to the Site and the Service.

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