Terms of Use

Effective Date: August 2020

By clicking 'I Accept,' or by creating a Mantis account, or by accessing or otherwise using the Mantis – Your Maintenance App website (as described below) or the mobile application (collectively “App”), you agree to be bound by Mantis’s Terms of Use ("Terms of Use") as of the date of initial sign-up ("Registration Date") as well as all applicable laws, statutes, and regulations. You must be at least eighteen (18) years of age to use Mantis; if you are under eighteen (18) years of age, please do not create a Mantis account.

Legally-Binding Contract

These Terms of Use constitute a legally-binding contract between Mantis (“Mantis”, “Company,” “we,” “us,” or “our”) and the contractors or professional trades people (each a “Pro”, “Professional” or “Contractor”) and property owners (including persons renting properties) (each an “Owner”). The Owners and Professional shall be collectively referred to as “Users” or “you”.

Definition of App

As referenced in this agreement, “App” also means the website operated by the Company and currently located at Mantis - Your Maintenance App (fritsware.com) as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The terms “Mantis” and “App” includes the App or any other websites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications, features, messages such as emails that we may send you, and websites, whether online or offline, owned or operated by the Company.

Terms Governing Use

Your access to and use of the App is expressly conditioned on your agreement to and compliance with these Terms. You agree that by browsing, clicking into, or accessing the App that you have read these Terms and agree to be bound by them.

By accepting these Terms or using the App, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept these Terms, then you may not use the App. If you are using the App on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to these Terms. If you do not have such authority, then you may not use the App on behalf of your employer or such other entity and you must discontinue all use of the App immediately.

License Grant

Subject to these Terms, Mantis hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the App solely in accordance with these Terms and any rules, restrictions or documentation set forth by Mantis from time to time. You acknowledge and agree that Mantis may update the App from time to time with or without notifying you, and may add or remove features or functions to the App at any time in its sole discretion.

You acknowledge and agree that Mantis has no obligation to make the App available to you, make any subsequent versions of the App available to you, or to continue to support the App in any way. You acknowledge that your access to the App may not be continuous, features may change during your use of the App, and Mantis may terminate your access to the App or stop offering the App at any time.

Right to Deny Access

Mantis reserves the right to deny the App to any person or entity at Mantis’ sole and absolute discretion. You acknowledge and agree that Mantis may stop providing the App or restrict your use of the App at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of these Terms or if Mantis suspects that you have used any aspect of the App to conduct any fraudulent or illegal activity. If Mantis disables your access to your account, you may be prevented from accessing the App, your account details, or any materials contained in your account.

Your Responsibilities

The Company makes the App available on a 'one-user-per-account' basis. You may not share your account or your username and password combination with anyone else. It is solely the User’s responsibility to keep their mobile device and access to the App secure. You shall use your best efforts to prevent unauthorized access to or use of your account and shall notify the Company immediately upon discovery of any unauthorized access or use. You shall not sell, resell, rent, or lease your access to the App or attempt to gain unauthorized access for yourself or for others. Mantis will not be liable for any unauthorized use of the App due to your actions.

Usage Acknowledgments

By using the App, you:

• Acknowledge that by accessing or using the App, you have read, understood, and agree to be bound by the Mantis Terms of Use as updated from time to time, which govern the use of the App. Users may only use the App as set forth in these Terms.
• Acknowledge that Mantis is a connectivity platform and maintenance resource that connects Users seeking and providing home maintenance and improvement services and home notification services.
• Acknowledge that the content of the App, including without limitation, all data, information, text, graphics, links, and other materials are provided as a convenience and are meant to be used for informational purposes only.
• Acknowledge that we assume no responsibility for any decisions, investments and/or expenses taken by Users based solely on the information provided on the App.
• Acknowledge that the features are designed to make communication between Owners and Professionals simpler; neither they nor any other aspect of the Apps are intended to create any kind of contract or other legal obligation between Users unless and until the respective parties officially agree to a contract.
• Acknowledge that the Mantis App does not serve as a real estate agent or broker. We do not screen properties or offer any guarantee or advice regarding any repairs requested.
• Consent to the collection, use, sharing, and transfer of your data, including, but not limited to, location data, among Contractors, as outlined in our privacy policy as updated from time to time, which is incorporated within these terms by reference.

The Mantis – Your Maintenance App Platform

The App is a platform for connecting Owners who are looking to engage referred licensed and bonded Pros to perform maintenance, repairs, improvements, or other work (each a “Job”). It provides free estimates from Pros for Owners. It is the sole responsibility of each Pro, and not the Company, to determine whether it is qualified and capable of completing a particular Job. Similarly, it is the responsibility of each Owner to decide whether or not to engage a Pro.

The Company assumes no responsibility and will not provide input in either the Pro or Owners decision. When an Owner books a Job with a Pro through Mantis, the Owner should ensure that they use common sense and caution to ensure protection of personal property and safety, including by supervising Pros as an Owner would supervise anyone who provided services to you that you did not know.

The Company has made commercially reasonable efforts to ensure the accuracy of the information provided through its App. The Pros ratings, information, images, recommendations, and findings that appear on the App reflect the Company’s research at the time of publication, based on data obtained from many sources, and the Company cannot guarantee the accuracy of the information provided or of any analysis based thereon.

Service Performance and Liability

Please note that the Services that Users can pursue after connecting on the App are performed by Pros who are regulated by their respective licensing board which has jurisdiction to investigate complaints made by any third parties. The Company is entitled to a commission agreed to with the Pro for providing and facilitating the services to the Owner. The Company accepts no responsibility and will not be held liable for either the negligence or contractual non-compliance of the Pro.

Owner Notifications

Owners can also utilize the App to be notified of events related to their property, if they choose to sign up. The App offers weather alerts that an Owner must sign-up to receive; such reports will notify Owners of severe weather changes which could adversely affect the residence. For example – freezing temperature alerts and reminders to Owner to shut off water to outside water spouts.

Similarly, the App can provide Owners useful maintenance reminders for the property, if they sign-up. For example, the App can remind owners that it is time to change air filters every six months for their heating and cooling units.

MANTIS PROVIDES THESE NOTIFICATIONS AS A HELPFUL REMINDER AND/OR INFORMATIONAL SERVICE FOR OWNERS. SIGNING-UP FOR SUCH NOTIFICATIONS DOES NOT, IN ANY WAY, CAUSE OR TRANSFER TO MANTIS ANY LIABILITY FOR ANY DAMAGES THAT OCCUR TO AN OWNERS PROPERTY BY EFFECTS OF WEATHER OR THE ACTS OR OMISSIONS OF AN OWNER BASED ON ANY MAINTENANCE NOTIFICATIONS.

Fees

You agree to pay all applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions, whether such exactions are imposed directly upon you or upon the Company, incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

Mantis may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of these Terms or posting such changes elsewhere on the App. If there is a dispute regarding your payment of fees, or the App, Mantis shall have the right to terminate your account without prior notice.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

Cancellation Policy

Once a Job is booked through Mantis, Users must change or cancel any scheduled services more than 24 hours before the start time. Any change or cancellation made by Owner within 24 hours of the selected time may incur a fee equal to 1 hour of the selected Pro’s hourly billing rate.

Transactions and Payments

When a Job booking is made through Mantis, quotes shall be provided through the App directly to the Owner. The Pro will be responsible for invoicing Mantis (and will not directly invoice the Owner) the full amount of the payment. Mantis will make payment to the Pro upon notification of the Pro’s services being successfully completed and approved by Owner. The Owner shall pay the full invoice amount to Mantis. The Owner will also be liable for any and all taxes relating to the Jobs performed by the Pro.

The Pro is expressly prohibited from artificially inflating their fees. The Pro is also expressly prohibited from entering into any private arrangement with the Owner which serves to circumvent Mantis. Any circumvention of Mantis will result in termination of both the Pro and Owner’s accounts, reporting of Pro to the appropriate business agency or Governmental authority, and will be considered a breach of the Mantis-Pro contractor agreement. Mantis will be entitled to recover the full amount of its commission from Pro plus a further 10% fee for such circumvention.

Pricing of Services

The Company will list indicative pricing of the Pro for the Owner based on previous services provided for other Owners in the past. This pricing is indicative only and may differ greatly from the actual pricing depending on the Pro’s first-hand assessment of the problem. While Mantis will endeavor to accurately describe the services required for the benefit of the Pro, this information will be based on information provided by the Owner and therefore cannot be definitively relied on.

Refund Policy

Mantis offers no refunds, and all services performed by Pros for Owners are the responsibility of the respective User.

Payment Information

When Owners book a Job, we collect certain personal and transactional information (e.g., name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy.

Mantis uses Stripe to execute online payment transactions, which transactions are subject to the Stripe Connected Account Agreement, which includes the Stripe Service Agreement (collectively, the "Stripe Terms"). By using the App to receive payment via Stripe, each Owner agrees to be bound by the Stripe Terms, which may be modified from time to time.

As a condition of Mantis enabling payment processing services through Stripe, each Owner authorizes Mantis to obtain all necessary access and perform all necessary activity on such Owner’s Stripe Connected Account to facilitate such Owner’s relationship with Mantis and use of the App. Owners further agree to provide accurate and complete information and authorize Mantis to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe.

For the avoidance of doubt, if any payment initiated by Owner using the App does not successfully complete, the Company reserves the right to seek payment from Owner outside the App. Any authorization you provide to make repeating automatic payments will remain in effect until cancelled. Mantis reserves all legal rights against Users in the event that payments are not successful and are not resolved via outside methods.

SMS Messaging

When using the App, the Company may need to send Users SMS Messages in order to confirm your phone number and/or keep you informed about your Job. Some of these messages may be necessary for the fulfillment of the services and cannot be opted out of. Depending on your current phone carrier plan, you may incur Fees for these SMS Messages, and agree to not hold the Company liable for any such fees.

Privacy

In order to deliver the services to you, the Company must collect personal information from you. The Company will use your personal information in accordance with the Company's Privacy Policy. In order to provide you with ongoing access to the App, the Company will store personal information associated with your account for as long as your account remains active.

If your account becomes inactive for over twelve (12) months, the Company will terminate your account and anonymize the personal information associated with your account. If your account is terminated or anonymized, then you will lose access to your account and all associated data. Once your account has been terminated or anonymized, you will be required to create a new account.

At all times, including while your account remains active or inactive and thereafter, the Company reserves the right to retain all data generated in non-personally identifiable format for the Company's research, product development, and other business purposes, also sharing this aggregate or anonymous information with any third parties that either operate this App or administer activities on the Company’s behalf.

Furthermore, the App may contain links to other websites. As such, the Company is not responsible for the privacy practices or the content of such websites or for the privacy policies and practices of other third parties or for any potential damages arising out of or in connection with the App to which it is linked. Your navigating to any unrelated App is at your own risk. The existence of a link between this App and any other website should not be construed as an endorsement by the Company, and it is strictly prohibited to link other websites with this App without the Company’s prior written authorization.

Cookies

Cookies are small text files that are placed on your computer/device by websites or Apps that you visit. They are widely used for enhancing user experience, as well as to provide information to the owners of the App.

How do I change my cookie settings?

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.

To opt out of being tracked by Google Analytics across all websites or Apps, visit http://tools.google.com/dlpage/gaoptout.

App Ownership

Users acknowledge and agree that the Company and its licensors own all rights, title, and interest in and to the App, including all intellectual property rights therein, even if the Company or its licensors incorporate any materials provided or made available by Users into subsequent versions of the App. Further, you acknowledge that the App may contain information that Mantis has designated as confidential and you agree not to disclose such information without Mantis’ prior written consent.

Except as expressly permitted in the Terms of Use, Users may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the App, including without limitation any information provided through the App.

The content of the App includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of Users, text, software, photos, video, audiovisual recordings, graphics, music, and sound. The entire contents of the App and subsets thereof are also protected by copyright as collective works. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to the Company. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the App.

Intellectual Property

Your use of the App involves the Company's intellectual property, and your use of that intellectual property is governed by these Terms of Use. You acknowledge and agree that the Company is the sole and exclusive owner of all App content and accompanying intellectual property rights. The Company reserves all right, title, and interest in and to the App content and intellectual property, including but not limited to patent, copyright, trademark, trade secret, and other proprietary rights. Your limited license to use App content is expressly limited by these Terms of Use.

Use of the App constitutes a limited license that the Company grants to you and said license is non-exclusive, non-transferable, and non-sublicensable, and expires when your account terminates. You may not alter or modify any App content. You may not distribute any App content in any manner not specifically anticipated by these Terms of Use. You may not rent, lease, resell, redistribute for profit, or otherwise commercially exploit any App content.

You may be asked to provide written feedback on one or more aspects of the App. If you choose to provide such feedback, the Company may use such feedback to alter or improve the App and its associated functionality. The Company has no duty to view or use any feedback you provide, nor to attribute any feedback to you. You will not be compensated for any feedback you submit.

Notification of Infringement; DMCA Policy

We respect the intellectual property rights of others, and the Company does not permit, condone, or tolerate the posting of any content on the App that infringes any person’s copyright. The Company will terminate, in appropriate circumstances, a User who is the source of repeat infringements of copyright.

General Prohibitions

Users agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or their) use of the App:

• Circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the App.
• Engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses, wireless addresses, content available through the App, other contact or personal information, or any other automatic means of obtaining lists of Users or other information from or through the App, including without limitation any information residing on any server or database connected to the App.
• Copy, modify or distribute the computer code used to generate pages on the App (other than as may be expressly permitted under a separate license agreement).
• Access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers.
• Probe, scan or test the vulnerability of any system or network or breach any security or authentication measures.
• Access or search the App with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by the Company or other generally available third party web browsers.
• Send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or Apps, including without limitation those which are designed to promote, directly or indirectly, a product or App with which you have a business relationship or other commercial connection.
• In any way use the App to send altered, deceptive or false source-identifying information.
• Decipher, decompile, disassemble or reverse engineer any of the software used to provide the App.
• Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the App or the App.
• Impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity.
• Use the App in violation of the Company’s or any third party’s intellectual property or other proprietary or legal rights.
• Upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• Use the App if you are a third-party broker (or anyone else not specifically authorized to accept and evaluate rental property applications on behalf of a property owner).
• Deceptively pose as an Owner or Pro in order to obtain leads or other personal information about Users, which may constitute a criminal offense.

Termination of Use; Discontinuation and Modification of the App

If Users violate any of the Terms, permission to use the App will automatically terminate. Users also agree that we may, at any time and without notice, suspend or revoke your access to and use of the App, and any account(s) you may have in connection with the App (a) for any reason or no reason at all, (b) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Company or any third party, (c) or in connection with any general discontinuation of the App.

Accounts terminated by Mantis for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated for any reason. We also reserve the right to modify the App at any time without notice to Users. We will have no liability whatsoever on account of any change to the App or any suspension or revocation of your access to or use of the App.

Users may terminate their account at any time by providing the Company with thirty (30) days written notice via email: mantis@yourmaintenanceapp.com

Once you cancel your account, your personal information will no longer be viewable by other Users and you will lose all access to the App and your account data. However, content previously shared with other Users may remain viewable by those Users until they delete such content.

Events Beyond Our Control (Force Majeure)

We shall have no liability to Owners for any failure of a Pro to perform the Jobs ordered, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, acts of God, acts of government, strikes, lockouts and other industrial disputes, flood, fire, earthquake, epidemic, civil unrest, acts of terror, equipment malfunctions, power failures or Internet App provider failures.

Limitation of Liability

To the maximum extent permitted by applicable law, Mantis and its affiliates, licensors, and business partners (collectively, the "Related Parties") shall not be liable to you under any contract, tort (including negligence), strict liability or other legal or equitable theory for:

• Any indirect, incidental, consequential, special, or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the App, even if Mantis or the Related Parties have been advised of the possibility of any such losses or damages.
• The cost of procurement of substitute goods, Apps, or technology.
• The deletion of, corruption of, or failure to store any materials, information, or data maintained by or through your use of the App.

The Pros and other third-party suppliers providing products or services listed on the App are independent contractors and not agents or employees of Mantis. Mantis is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Pro or other User or for any personal injuries, property damage, or other damages or expenses resulting therefrom or otherwise arising from your booking of a Job or use of the App.

Indemnity

Users agree that they will be personally responsible for their use of the App, and agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with access to, use of, or alleged use of the App; violation of these Terms of Use or any representation, warranty, or agreements referenced herein.

Disclaimer of Warranties

Users expressly understand and agree that use of the App is at User’s sole discretion and risk and that the App is provided “as is” and “as available” without warranties or conditions of any kind, either express or implied. The Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade to the maximum extent permitted by law.

Mantis makes no warranty as to the accuracy, completeness, or reliability of any materials, information, or data available through, or the performance of, the App.

Disclaimer of Warranties

THE INCLUSION OR OFFERING OF ANY PRODUCTS OR APPS ON THIS WEBAPP DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR APPS BY MANTIS. WHILE THE COMPANY TAKES COMMERCIALLY REASONABLE EFFORTS TO PERFORM BACKGROUND CHECKS AND OTHERWISE VERIFY EACH PRO, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE QUALITY, RELIABILITY, SAFETY, COMPLETENESS, FITNESS, OR NATURE OF ANY APPS PROVIDED BY A PRO.

MANTIS DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE APP AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE APP WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE APP WILL BE CORRECTED; OR (e) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral.

Modification of Terms

We may provide notices to Users by posting them on the App or distributing them by email. All notices are effective upon posting or when sent. Additionally, we may modify the Terms of Use and/or our Privacy Policy at any time by posting the modified version on the App or by sending you a copy by email. Please check the Terms periodically for changes. By continuing to access or use the App after we have posted or distributed any such modifications, Users agree to be bound by the modified Terms of Use or Privacy Policy, as applicable.

Contact Information

Except as otherwise specified in these Terms of Use, all notices, permissions, and approvals under shall be in writing. Notices to the Company shall be addressed using the information made available under the "Contact Us" portion of the App. All notices to you shall be addressed to the most recent contact information associated with your account.

Governing Law and Jurisdiction

These Terms of Use, and any disputes arising out of or related thereto shall be governed exclusively by the internal laws of the State of Maryland, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. Except as otherwise provided in the section below entitled “Binding Arbitration,” the state and federal courts located in Montgomery County, Maryland will have exclusive jurisdiction of all disputes arising out of or related to these Terms of Use or your use of the App and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Mantis shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

Binding Arbitration

You and Mantis agree that, except as provided below, all disputes, controversies and claims related to these Terms of App (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this section and the JAMS Rules, the terms in this section will control and prevail.

Except as otherwise set forth in this section, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Mantis will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.

The arbitration will take place in Montgomery County, Maryland, unless the parties agree to video, phone, or internet connection appearances.

You and Mantis agree that any arbitration shall be limited to the Claim between Mantis and you individually. YOU AND MANTIS AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

You and Mantis agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Mantis’ intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

If you initiate arbitration for a Claim, you will be required to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mantis as a result of these Terms or your use of the App.

Users may not assign or transfer the Terms of App or its rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms of Use at any time without notice.

The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Use of paragraph headers in the Terms of Use is for convenience only and shall not have any impact on the interpretation of particular provisions.

In the event that any part of the Terms of Use is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.