Terms of Use

These RightMesh Terms of Use (the “RightMesh Terms”) entered into between you and RightMesh AG (“RightMesh) govern your use of the RightMesh mobile heterogeneous wireless mesh network and any other software, services and materials provided by RightMesh, and/or any of its agents or subcontractors, (collectively, the “Platform”), which amongst other things operates as a decentralized wireless network by connecting mobile phones, computers and internet of things (IoT) devices to one another, via WiFi, Bluetooth and WiFi direct technology, for the purpose of transferring data without having to rely on conventional network infrastructure.

BY ACCESSING OR USING THE PLATFORM, INCLUDING WITHOUT LIMITATION BY ACCESSING OR USING ANY APPLICATION WHICH ACCESSES OR USES, OR PERMITS ACCESS TO OR USE OF, THE PLATFORM, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THESE RIGHTMESH TERMS. IF YOU DO NOT ACCEPT THESE RIGHTMESH TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM OR ANY APPLICATION WHICH ACCESSES OR USES, OR PERMITS ACCESS TO OR USE OF, THE PLATFORM. IF YOU ARE DISSATISFIED WITH THESE RIGHTMESH TERMS OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM AND ANY APPLICATION WHICH ACCESSES OR USES, OR PERMITS ACCESS TO OR USE OF, THE PLATFORM.

IF YOU ARE ENTERING INTO THESE RIGHTMESH TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE RIGHTMESH TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THESE RIGHTMESH TERMS OR USE THE PLATFORM ON BEHALF OF SUCH ENTITY.

RightMesh may update these RightMesh Terms at any time, without notification to you, and you should review these RightMesh Terms from time to time at www.rightmesh.io/terms-of-use.

Ability to Enter Into these RightMesh Terms

In order to enter into these RightMesh Terms, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these RightMesh Terms, and to abide by and comply with these RightMesh Terms. It is your responsibility to ensure that you are legally eligible to enter into these RightMesh Terms under any laws applicable to you. If you accept these RightMesh Terms, you represent that you have the capacity to be bound by it.

Intellectual Property Rights

The Platform and all other materials and services provided by or through RightMesh, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by RightMesh or its licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to your compliance with all of the terms and conditions of these RightMesh Terms, during the term of these RightMesh Terms, RightMesh grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that RightMesh makes available to you.

If RightMesh, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Platform or any of its, your, or a third-party system, then RightMesh may immediately suspend access to or use of the Platform. The suspension of use and access is not a breach of these RightMesh Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. RightMesh has no liability to you for suspending the Platform under this provision.

You agree that any ideas, suggestions, concepts, processes or techniques which you provide to RightMesh related to the Platform or RightMesh or its business (“Feedback”) are and will be RightMesh's exclusive property without any compensation or other consideration payable to you by RightMesh, and you do so of your own free will and volition. RightMesh may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative RightMesh may decide into the Platform, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to RightMesh in any Feedback and, as applicable, waive any moral rights.

Use Restrictions

You shall not, directly or indirectly:

  • Copy the Platform, in whole or in part;
  • Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Platform or any part thereof;
  • Combine the Platform or any part thereof with, or incorporate the Platform or any part thereof in, any other programs;
  • Reverse engineer, dissemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
  • Remove, delete, alter, or obscure any trade-marks or any copyright, trade-mark, patent or other intellectual property or proprietary rights notices included on or in the Platform, including any copy thereof;
  • Use the Platform in violation of any law, regulation or rule; or
  • Use the Platform for purposes of competitive analysis of the Platform, the development of a competing software product or service or any other purpose that is to RightMesh's commercial disadvantage.

Monitoring

RightMesh does not and will not monitor any content transmitted on or through the Platform. However, RightMesh may disclose any information it becomes aware of as necessary or appropriate to satisfy its legal obligations, protect RightMesh and its customers, operate the Platform properly or improve the Platform.

Disclaimer of Warranties

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RIGHTMESH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.

RIGHTMESH DISCLAIMS ANY WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME RIGHTMESH MAY REMOVE THE PLATFORM OR CEASE PROVIDING THE PLATFORM FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE PLATFORM MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE PLATFORM OR OTHER ACTIONS THAT RIGHTMESH, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. RIGHTMESH MAKES NO GUARANTEE REGARDING THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE PLATFORM.

RIGHTMESH IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY RIGHTMESH, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY RIGHTMESH.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY CONTENT OR MATERIAL YOU UPLOAD OR TRANSMIT THROUGH THE USE OF THE PLATFORM IS COMPATIBLE WITH THE PLATFORM. RIGHTMESH IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT OR MATERIAL.

ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

Disclaimer of Liability

RIGHTMESH WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT LOSSES OR DAMAGES, OR ANY OTHER DAMAGE OR LOSS CLAIMED EITHER IN CONTRACT, NEGLIGENCE OR TORT INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR RELATED TO, THE PLATFORM AND THE CONTENT AND MATERIAL CONTAINED THEREIN, OR ARISING OUT OF THE INABILITY TO ACCESS OR USE THE PLATFORM. ANY LEGAL ACTION BY YOU MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION FIRST ARISING. IF, FOR ANY REASON, RIGHTMESH IS FOUND LIABLE, YOU AGREE THAT THE MAXIMUM AMOUNT THAT YOU MAY RECOVER, IN AGGREGATE FOR ANY AND ALL CLAIMS AGAINST RIGHTMESH, IS $10.00. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR HAVE A TRIAL BY JURY FOR ANY MATTER, DISPUTE, PROCEEDING OR ACTION ARISING OUT OF, OR RELATED TO, THESE RIGHTMESH TERMS. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, RIGHTMESH'S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW.

Indemnity

You shall defend, indemnify and hold harmless RightMesh and its officers, directors, agents, owners, shareholders and employees from and against all claims, actions, proceedings, costs, damages and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of these RightMesh Terms by you or to any use by you of the Platform.

Miscellaneous

If there is any dispute between you and LeRightMeshft about or involving these RightMesh Terms or the Platform, you agree that the dispute shall be governed by and construed in accordance with the laws of the canton of Zug and the federal laws of Switzerland applicable therein, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts of the canton of Zug in respect to any claim, proceeding or action relating to or otherwise arising out of these RightMesh Terms or the Platform howsoever arising, provided always that RightMesh may seek and obtain injunctive relief in any jurisdiction in relation to these RightMesh Terms.

If any portion of these RightMesh Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these RightMesh Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these RightMesh Terms that is unlawful, void or unenforceable will be stricken from these RightMesh Terms.

You agree that if RightMesh does not exercise or enforce any legal right or remedy which is contained in these RightMesh Terms (or which RightMesh has the benefit of under any applicable law), this will not be taken to be a formal waiver of RightMesh's rights and that those rights or remedies will still be available to RightMesh.

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