Welcome to MeshMap, a contributor-owned, community-managed mapping network whose mission is to build an open and decentralized 3D map of the world and a network of extended reality (XR) content for consumer use. We are excited for you to join us in this ambitious, collaborative endeavor. We also publish real-world augmented reality (AR) and virtual reality (VR) applications that you can play and experience using mixed reality devices.
While one of our goals is to create a crowd-sourced open 3D map as accurate as the real world, MeshMap cannot and does not proactively review all contributions. We depend on our community to focus on sharing reliable and accurate data.
MeshMap Labs, Inc., together with its affiliates and subsidiaries (“MeshMap”,“we”, “us”, and “our”), owns and operates Meshmap.com (the “Website”), and offers related Content (defined below), products and services including a software development kit (“SDK”), application program interface (“API” and together with the SDK, “MeshMap Software”), mixed games (“Games”) and live events (“Events”) (collectively, the Website, Content, MeshMap Software, Games, Events and other MeshMap products and services are referred to as the “Services”). MeshMap may also provide products and services which are governed by separate terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES, INCLUDING THE OPEN-SOURCE LICENSE REQUIRED IN SECTION 7.
IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU ARE NOT LEGALLY COMPETENT TO AGREE TO THEM, THEN YOU MAY NOT USE THE SERVICES.
PLEASE NOTE THAT THE SECTION BELOW ENTITLED “LEGAL DISPUTES” CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. UNLESS YOU OPT OUT IN ACCORDANCE WITH THAT SECTION, BY USING THE SERVICES, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. THIS NOTICE DOES NOT APPLY TO THOSE WHO ARE LOCATED IN THE EUROPEAN UNION (“EU”), EUROPEAN ECONOMIC AREA (“EEA”), THE UNITED KINGDOM OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH ARBITRATION AGREEMENT.
THE SECTION BELOW ENTITLED “NEW JERSEY RESIDENTS” CONTAINS AN IMPORTANT MESSAGE TO RESIDENTS OF NEW JERSEY IN THE UNITED STATES.
By accessing or using any part of the Services, you agree to be bound by these MeshMap Labs Terms of Service (the “Terms”) and any other policies or guidelines made available on the Services that apply to you, all of which are incorporated herein by reference (collectively, the “Agreement”).
These Terms constitute an agreement between you and MeshMap, and govern your use of the Services. By using the Services, you affirm that you are able and legally competent to agree to and comply with these Terms. For some Services like Games or Events, additional terms may apply.
The Services may contain links to third-party sites and services that are not under the control of MeshMap. MeshMap makes no claims and accepts no liability or responsibility for the quality, nature or reliability of any third-party sites or services that are accessible through links to or from the Services. You are responsible for reviewing and abiding by the terms of service and privacy notices applicable to any such third-party sites and services.
Our Services are designed to let you engage in shared game worlds that integrate elements from the real world. To offer these Services, we require certain information about you, which we only use when we have a valid legal basis to do so. Since our Services are used globally, the personal information we collect may be stored and processed in any country where we or our agents operate. If you reside in the EU, EEA or European Free Trade Association (“EFTA”), your information will be managed in accordance with the General Data Protection Regulation (“GDPR”). For residents of other countries, by using our Services, you consent to the transfer of your information outside your home country.
Please review our Privacy Policy, which is incorporated into these Terms and also governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms, the applicable provisions of these Terms shall control.
MeshMap reserves the right to change these Terms, our Privacy Policy, and/or the Services at any time. We may change, suspend or discontinue the Services or any feature or portion of the Services at any time. We may also impose additional terms or limitations on certain features, products and/or the Services, or restrict your access to all or part of the Services for any reason or no reason.
Continue to check back for the latest version of the Terms that apply to your use of the Services. When we post changes to these Terms, we will revise the "Last Updated" date at the top of this page. The modified Terms will be effective immediately upon posting on the Services. By continuing to use the Services or otherwise engaging with MeshMap following the date that such updated Terms were posted, you agree to follow and be bound by the new Terms as revised. The revised Terms supersede all previous versions, notices or statements regarding the Services as of the “Last Updated” date above.
Our Services are not directed to children under a certain age. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in the EU). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in the EU).
You may use our Services only if you can legally form a binding contract with us which is 18+ years of age or the legal age of majority where you live. If you are not able to form a binding contract, you can only use our Services with permission of and under the supervision of a parent or legal guardian who agrees to the Agreement.
IF YOU ARE A PARENT OR LEGAL GUARDIAN THAT PROVIDES CONSENT TO THE USE OF THE SERVICES BY YOUR CHILD BETWEEN THE AGES OF 13 AND 17, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THEIR USE OF THE SERVICES AND TO BE THE ACCOUNT OWNER. TO THE EXTENT ALLOWED BY APPLICABLE LAW, MESHMAP DISCLAIMS ANY RESPONSIBILITY FOR ACTIVITIES CARRIED OUT BY A CHILD, WHETHER WITH OR WITHOUT THE CONSENT OF A PARENT OR LEGAL GUARDIAN.
If you believe that a child under the age of 13 (or 16 in EU) has used the Services and/or provided us with any information, please contact us at accounts@meshmap.com.
You may not use our Services if you are prohibited under our Export Policy in Section 19.
In order to use certain features or portions of the Services, you will be required to create an account (“Account”) with an email address, password and username. On some Services, you may create and login to your account using your pre-existing Google account or wallet-based logins like Phantom or Coinbase. You may not use the name, email or other personal information of another person or entity with the intent to impersonate them.
You alone are responsible for maintaining the confidentiality of your password and Account and will be fully responsible for any and all activities that occur through your Account. You agree to immediately notify us of any unauthorized use of your Account or any other actual or suspected breach of account security. MeshMap will not be liable for any loss or damage arising from unauthorized use of your Account, or for your failure to comply with this Section.
You may submit a request to delete your Account at any time by sending a request to accounts@meshmap.com with the subject line “Delete My Account.” For more information on Account deletion, please see our Privacy Policy. See also
MESHMAP RESERVES THE RIGHT TO TERMINATE, REMOVE, DELETE, MODIFY, OR REFUSE ANY USER ACCOUNT OR REVOKE ANY USER’S ACCESS TO THE SERVICES OR ANY PORTION OF THE SERVICES FOR ANY REASON OR NO REASON, INCLUDING, BUT NOT LIMITED TO, SUSPECTED MISUSE, FRAUD OR AS A RESULT OF A VIOLATION OF THE AGREEMENT.
Whether you are an XR enthusiast or a professional surveyor, we are excited to have you participate in our community to build an open source 3D map of the world on the blockchain. As a “Contributor” you are uniquely identified by a public/private key pairing. All Contributors will participate in his/her personal capacity and not on behalf of any other individual or entity such as an employer, business or university. PLEASE CAREFULLY READ THE SECTION “Content and User-Generated Content” BELOW.
An “Outdoor Public Space” is an area that is outdoors, open to the public, used for public purposes and accessible to everyone, including without limitation, parks, squares, streets, sidewalks, pavements, footpaths, beaches, and natural spaces. Sometimes these spaces may have restricted areas and limits on use. Outdoor Public Spaces do not include restricted areas or interior spaces in a building or structure generally open to the public (e.g., courthouse, public library).
Important Restriction: Due to safety and privacy concerns, NO human faces (partial or full), NO vehicle license plates and NO spaces dedicated for use by minors (e.g., playgrounds, schools) may be included in Scans even if they are an Outdoor Public Space. You must use best efforts not to include people or vehicle identification numbers in Scans; but, if that is not possible (e.g., densely populated neighborhood), then faces and vehicle identification numbers on license plates must be modified or blurred to not be recognizable or identifiable.
Contributors are free to choose the third-party mobile scanning applications, devices, tools, drones, software and applications available to you, including but not limited to Polycam (iOS and Android), Immersal, Scaniverse, lumaAI or Leica BLK2GO (“Third-Party Apps”) to capture, process, and create 3D renderings of Outdoor Public Spaces and their metadata using various methods such as photogrammetry, Gaussian splatting, and LiDAR scanning (“Scans”). Your use of Third-Party Tools are subject to the terms, conditions, and policies of the Third-Party Apps (“Third-Party Agreements”).
All Scans are subject to these Terms and may be uploaded through your Account in one of these 3D model file formats: (1) meshes (.glb/.gltf, .fbx, .obj), (2) textures (.jpg, .png, .mtl), and (3) VPS and point clouds / splats (.ply, .pts, .spz, camera images and poses). You may manually include other data about the Open Public Space referenced in your file, such as the (a) location of the Open Public Space (if available) and (b) title description of the Scan (required). At your option you can select (i) applicable category tags (for example, Monument, Building, or Park); and (ii) icons reflecting the environment for weather and time of day of the Scan. MeshMap stores and indexes the Scans, and makes them available to other Contributors to review, rate and modify towards improving the quality of the Scans.
One of our main priorities is to make sure that the Scans and the 3D map are safe, reliable and reflect the real world. Towards that effort, you may be a Contributor by capturing and uploading Scans (“Mappers”), inspecting the data integrity and quality of Scans, providing comments for improvement (“Reviewers”) or modifying and improving the Scans (“Cleaners”). For example, Cleaners may make improvements such as file format conversion, file compression, mesh edits, texture correction, and other optimizations through their preferred Third-Party Applications. For certain periods, Contributors may need to be authorized by MeshMap to be Reviewers or Cleaners.
In cases of low quality Scans, Contributors may privately assign a flag to an offending Contributor. If flagged, such Contributor will be notified about which of their Scans warranted a flag without identifying who assigned the flag. For example, Contributors may flag:
Multiple flags may result in the Scans being removed or the offending Contributor’s verification being temporarily or permanently revoked. MeshMap may determine in its sole discretion to (i) remove any Scan from the Service or (ii) revoke a Contributor’s verification for any or no reason with or without notice.
You are free to use the Scans in accordance with the open-source license provided in Section 7 and subject to the Terms of Service and Privacy Policy. Certain Scans may be available as a downloadable tile for consumer use in architecture, AR/VR content, games, and design.
Content refers to any material presented or displayed through the Service, including, but not limited to, code, text, data, Scans, metadata, images, photographs, graphics, software, applications, design elements, features, resources, emails, direct messages and other communications accessible via the Website or sent through or in connection with the Service, and encompasses the Services themselves ("Content").
User-generated content is any Content, including the Scans, that you create, upload, post, link, send or otherwise make available via the Service (“UGC”). You retain ownership of and responsibility for your UGC. MeshMap does not claim ownership rights in UGC and nothing in these Terms restricts any rights that you may have to use and exploit your UGC. MeshMap does not endorse any UGC or any opinion, recommendation, claim, or advice expressed in them.
You agree to submit only UGC that you have the right to do so. You are solely responsible for the content of, and for any harm resulting from, your UGC, regardless of the form of that UGC, whether you created the UGC yourself, or if you do not own the rights. MeshMap, other Contributors, and any of their respective vendors, partners, and agents are not responsible for your public display or misuse of your UGC.
To build a crowd-sourced 3D map of the world, MeshMap and other Contributors need to be able to freely use the UGC that you contribute to our Services. Since you retain ownership of and responsibility for your UGC, we need you to grant MeshMap and other Contributors certain legal permissions.
By submitting UGC consisting of software or applications to the Service, you hereby grant permission to and license your UGC to MeshMap and other Contributors as follows:
MIT No Attribution
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
By submitting UGC, you dedicate your UGC (other than Software licensed under the MIT no attribution license) to the public domain under the Creative Commons Zero Public Domain Dedication.
CC0 1.0 Public Domain Universal [translations]
The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related Rights (defined below) upon the creator and subsequent owner(s) (each and all, an "owner") of an original work of authorship and/or a database (each, a "Work").
Certain owners wish to permanently relinquish those rights to a Work for the purpose of contributing to a commons of creative, cultural and scientific works ("Commons") that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as possible in any form whatsoever and for any purposes, including without limitation commercial purposes. These owners may contribute to the Commons to promote the ideal of a free culture and the further production of creative, cultural and scientific works, or to gain reputation or greater distribution for their Work in part through the use and efforts of others.
For these and/or other purposes and motivations, and without any expectation of additional consideration or compensation, the person associating CC0 with a Work (the "Affirmer"), to the extent that he or she is an owner of Copyright and Related Rights in the Work, voluntarily elects to apply CC0 to the Work and publicly distribute the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work and the meaning and intended legal effect of CC0 on those rights.
A Work made available under CC0 may be protected by copyright and related or neighboring rights ("Copyright and Related Rights"). Copyright and Related Rights include, but are not limited to, the following:
To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer's Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer's heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer's express Statement of Purpose.
Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account Affirmer's express Statement of Purpose. In addition, to the extent the Waiver is so judged Affirmer hereby grants to each affected person a royalty-free, non transferable, non sublicensable, non exclusive, irrevocable and unconditional license to exercise Affirmer's Copyright and Related Rights in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). The License shall be deemed effective as of the date CC0 was applied by Affirmer to the Work. Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case Affirmer hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to Affirmer's express Statement of Purpose.
We want Contributors from all over the world to collaborate safely and work together in good faith while using the Services. We have specific restrictions on UGC and conduct so that we can uphold community standards for maintaining the safety and rights of users and others, including intellectual property and privacy rights. Notwithstanding anything to the contrary, by submitting, uploading, or otherwise transmitting UGC to the Services, you represent and warrant to MeshMap and agree that:
If you see UGC on the Services that you believe is a violation of these Terms, please report it by emailing us at legal@meshmap.com.
MeshMap welcomes your feedback as it will help us improve our products and services. You acknowledge and agree that we may contact you from time to time in connection with your activity with the Service. For example, we may contact you and ask you to answer surveys related to your role. Participation in our surveys is completely voluntary and you may opt out of being contacted at any time by emailing us to accounts@meshmap.com.
You agree that your UGC, including all ideas, know-how, algorithms, code contributions, feedback, questions, comments, and suggestions, is not considered confidential and will be treated as public information. MeshMap shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications with us for any purpose whatsoever, including, but not limited to, the improvement, development, production and promotion of MeshMap products and services. You acknowledge and agree that MeshMap will have a worldwide, irrevocable, perpetual, fully paid-up, royalty-free, sub-licensable, transferable license to use, modify, commercially exploit and/or incorporate the feedback into our Services and Content.
MeshMap reserves the right to suspend, remove, modify or block any UGC at any time for any or no reason, including, but not limited to, any UGC that MeshMap determines, in its sole discretion, violates the Agreement or any applicable law or regulation. MeshMap further reserves the right to monitor UGC sent to or through the Services, but is under no obligation to do so.
All UGC will remain stored by MeshMap since it is subject to a perpetual open-source license and other Contributors may be using it, for example, the Scans. Even if you delete your Account, you understand that UGC will not be deleted. UGC may only be deleted by MeshMap at its sole discretion.
MeshMap, along with its licensors, vendors, partners and/or agents retains all intellectual property rights related to the Service and Content, including all associated intellectual property rights, not explicitly granted to you under this Agreement. The overall look and feel of the Website and Service are protected by MeshMap’s copyright. You are prohibited from duplicating, copying, or reusing any part of the HTML/CSS, JavaScript, visual design elements, or concepts without MeshMap’s prior written consent. Any rights in the Service Content and Services not expressly granted herein are reserved.
The Services contain valuable trademarks and service marks owned and used by MeshMap, including, but not limited to, “MeshMap” and the MeshMap design logos (collectively, the “MeshMap Marks”). Any use of the MeshMap Marks without the prior express written consent of MeshMap is strictly prohibited. All goodwill generated from the use of MeshMap Marks will inure to the exclusive benefit of MeshMap.
MeshMap Network only exists if a community of Contributors collaborate to scan, submit, edit, and contribute code and documentation. We ask that everyone act in good faith and to make contributions aimed at furthering the success of MeshMap.
Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. You are responsible for your conduct while using the Services, and for any consequences. Unless applicable law mandates that you be given the right to do so, you agree that you will not:
The above is not a complete list of illegal and/or prohibited uses of the Services. MeshMap shall have the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and initiate appropriate legal action, including without limitation, by seeking civil and/or injunctive relief.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT, UGC OR INFORMATION PROVIDED THROUGH THEM, IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT: (A) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS; (C) ANY INFORMATION, GOODS, SERVICES, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, TIMELY, UP-TO-DATE, RELIABLE, VALID OR MEET YOUR EXPECTATIONS; OR (D) INTERACTIONS WITH OTHER USERS OR PERSONS YOU CONNECT WITH THROUGH THE SERVICES WILL BE SAFE, APPROPRIATE, OR FREE OF MISCONDUCT.
YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR COMMUNICATIONS AND INTERACTIONS—WHETHER ONLINE OR OFFLINE—WITH OTHER USERS OF THE SERVICES AND ANY OTHER INDIVIDUALS YOU ENGAGE WITH THROUGH YOUR USE OF THE SERVICES. WE DO NOT SCREEN USERS OR INQUIRE INTO THEIR BACKGROUNDS AND MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THEIR CONDUCT. YOU ARE RESPONSIBLE FOR TAKING REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHERS, PARTICULARLY IF MEETING OFFLINE OR IN PERSON.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH CASES, THE ABOVE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless MeshMap and its directors, officers, stockholders, employees, representatives, consultants, and agents from and against any and all claims, demands, liabilities, damages, losses, and costs (including attorney’s fees and expenses) (“Claim(s)”) arising from or related to: (a) your breach of these Terms, (b) your violation of any applicable law or regulation; (c) any UGC that is submitted through your Account or that you otherwise submit or transmit to MeshMap; or (d) your willful misconduct.
MeshMap reserves the right, at its expense (but is under no obligation), to assume exclusive defense and control of any Claim subject to your obligation to indemnify us. You further agree to cooperate with MeshMap in the defense and settlement of such Claim as requested by MeshMap, including, but not limited to, promptly supplying all information and materials requested by MeshMap in connection with such defense.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MESHMAP OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, PARTNERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES OR VIA OTHER CHANNELS, BE LIABLE UNDER THESE TERMS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
NOTWITHSTANDING THE FOREGOING, IF MESHMAP IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (A) IF YOU ARE A CUSTOMER, THE TOTAL AMOUNT PAID BY YOU FOR MESHMAP SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO THE CLAIM; AND (B) $1000 USD. FOR PRODUCTS AND SERVICES (INCLUDING USE OF THE PRODUCTS) THAT ARE PROVIDED FREE OF CHARGE, MESHMAP’S LIABILITY IS LIMITED TO DIRECT DAMAGES UP TO $500 USD.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a jury and/or judge, and the outcome is subject to limited review by courts. An arbitrator can award the same damages and/or other relief as a court could do (including, but not limited to, injunctive and declaratory relief or statutory damages), and the arbitrator must follow the terms between the parties as a court would be required to do.
The arbitrator also has the sole authority to and shall address all claims or arguments by all parties concerning the formation, legality, and enforceability of an arbitration clause, the scope of the arbitration clause, and the arbitrability of any claim or issue arising between the parties.
UNDER THE TERMS OF THIS SECTION, YOU ARE AGREEING TO RESOLVE ALL DISPUTES (UNLESS LISTED IN AN EXCEPTION BELOW) THROUGH BINDING INDIVIDUAL ARBITRATION, AND WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
Any dispute, claim or controversy between you and MeshMap and/or its employees, officers, directors, principals, subsidiaries, affiliates, agents, successors and assigns (collectively, for purposes of this section only, “MeshMap”) arising from or relating in any way to the following shall be resolved by binding arbitration: (1) the terms of the Agreement between you and MeshMap, and their interpretation, including, but not limited to, the breach, termination or validity of such terms; (2) your use of any website or service owned or operated by MeshMap; or (3) any products or services sold or distributed by MeshMap or through any website or service owned or operated by MeshMap. Notwithstanding the foregoing, you and MeshMap shall each have the right to institute a legal action in a court of proper jurisdiction seeking injunctive or other equitable relief, pending a final decision by the arbitrator.
Except as otherwise set forth in the Agreement between us, you and MeshMap each acknowledge and agree that you are waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. You and MeshMap further agree that any arbitration shall be conducted in our individual capacities only and not as a class action/class arbitration or other representative action, and expressly waive our right to file a class action or seek relief on a class basis. You and MeshMap may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and we may each bring claims against one another only in an individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be limited or unavailable in arbitration.
Each of you and MeshMap retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP Protection Action“). Notwithstanding this Arbitration Agreement, each of us may bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its IP addresses, products, and Services. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
Any arbitration will be held before a single neutral arbitrator and will be governed by the American Arbitration Association (“AAA”) Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, the “AAA Rules”) currently in effect (available here), and will be administered by the AAA. To some extent the AAA Rules may be modified by this Agreement. To the extent that there is a conflict between the Agreement between you and MeshMap and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the AAA Rules. If the value of your claim does not exceed $10,000, MeshMap will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
You may opt out of this agreement to arbitrate by following the instructions below. If you do opt out in accordance with this Section, neither you nor MeshMap may require the other party to arbitrate claims. To opt out, you must notify MeshMap in writing within thirty (30) days of the date that you first became subject to these Terms, including the agreement to arbitrate.
To opt out, please send an email notice to legal@meshmap.com with the subject line “Arbitration Opt-Out”or a physical notice to the following mailing address, including your name, address, and email address of your Account, and a clear statement that you intend to opt out of this arbitration provision:
MeshMap Labs, Inc.
Attn: Legal Department - Arbitration Opt-Out
1111B S Governors Ave., Suite 20811
Dover, DE 19904
You and MeshMap agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA.
For all actions under the AAA Rules, the proceedings may be filed in the territory where you live, or in New York County, New York, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties, taking into account each party’s ability and means to travel, as well as other relevant circumstances. For any actions not subject to arbitration or mediation, you and MeshMap mutually agree to submit to the personal jurisdiction of a state or federal court located in New York County, New York.
To the limited extent that these Terms allow you or MeshMap to initiate litigation in a court instead of arbitration, other than for small claims court actions, both you and MeshMap agree to the exclusive jurisdiction of and venue in the state and federal courts located in the Southern District of New York. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed by the laws of the State of New York, excluding its conflicts-of-law rules.
By using the Services, you agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or the Agreement must be filed by you within one (1) year after the claim or cause of action arose. Please note that some jurisdictions do not allow limitations on claims, and in such cases, the foregoing provision may not apply to you.
If you are a resident of the State of California, the following information applies to you: Pursuant to California Civil Code Section 1789.3, users of the Services from the State of California are entitled to the following specific consumer rights notice: If you have a complaint regarding the Services, or to receive information regarding use of the Services, please contact us at the contact information set forth below under Contact Us. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted online, by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
If you are a resident of the State of New Jersey, to the extent that New Jersey law applies, the disclaimers, indemnification, limitations of liability provisions of the Agreement do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the State of New Jersey. MeshMap hereby reserves all rights, defenses, and permissible limitations under New Jersey law. Nothing in this section shall modify the binding arbitration clause and waiver for class action and jury trials set forth in the section above entitled “Legal Disputes and Arbitration.”
MeshMap takes claims of copyright infringement very seriously, and will respond to notices of alleged infringement that comply with applicable law. If you believe any materials accessible on or from the Services violate or infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (“DMCA Notice”) that you submit must include substantially the following information:
Please provide all DMCA Notices to our designated Copyright Agent listed below:
MeshMap Labs, Inc.
Attn: Legal Department - DMCA Notices
1111B S Governors Ave., Suite 20811
Dover, DE 19904
legal@meshmap.com (include in subject line “DMCA”)
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Following receipt of your communication, MeshMap may ask you to provide further or supplemental information, prior to removing any content which was displayed on the Service, as MeshMap deems necessary to comply with the provisions of the DMCA. MeshMap may also provide the registered user who uploaded the allegedly infringing content with your contact details, in order for that person to be able to contact you directly and communicate with you regarding your notification.
You may submit a counter notification to the Copyright Agent. To be effective, your counter notification must be a written communication provided to the Copyright Agent that includes substantially the following:
After receipt of a counter notification, MeshMap will promptly provide the person who submitted the claimed copyright infringement notification with a copy of the counter notification, and will inform that person that MeshMap will replace the removed material, or cease disabling access to that material 10 business days.
MeshMap will then replace the removed the material and cease disabling access to it between 10 to 14 business days following receipt of the counter notice, unless the Copyright Agent first receives notice from the person who notified MeshMap of the claimed copyright infringement that such person has filed an action seeking a court order to restrain the registered user from engaging in infringing activity relating to the material on MeshMap's system or network.
The DMCA requires that you swear to the facts in your copyright complaint under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
You may not use MeshMap in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use MeshMap if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. By using technology or software made available through the Services, you agree to abide by applicable laws, rules, and regulations, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, any software or technology obtained through the Services to a foreign destination or foreign national in violation of applicable law.
As a member of the MeshMap network, you may be exposed to MeshMap’s confidential information such as information related to new products and features we are working on and/or partnerships prior to being announced to the public. You agree to keep any information that we share with you as confidential and not share it with third parties outside of the MeshMap network.
MeshMap will not be liable to you for any failure or delay in our performance under the Agreement, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, protests, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, telecommunication breakdown, power outages, lockouts, strikes or other labor disputes (whether or not relating to MeshMap workers), and/or delays or limitations affecting manufacturers and/or shipping carriers.
MeshMap reserves the right, in its sole discretion, to terminate, suspend, and/or restrict your access to all or any part of the Services, including particular products or features of the Services, at any time for any reason or no reason, without notice or liability. You may terminate your access to the Service at any time by immediately ceasing use of the Services. If you would like to delete your Account, please see the section entitled “How you can change or control what is collected” in our Privacy Policy.
MeshMap shall not be liable to you or any third party in connection with termination of your Account or your access to the Services. Upon termination, all provisions of these Terms which are intended to survive termination, shall survive, including, but not limited to, all representations and warranties, disclaimers, limitations of liability, and indemnification obligations.
Your use of the Service and any other contribution you make to the Service are completely voluntary and does not create any employment or business relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and MeshMap. Your use of the Service is intended for your enjoyment and benefit. The provision of the Service to you and others, and subject to your compliance with these Terms of Service, constitutes the sole and sufficient consideration that you are entitled to receive for any UGC or other contributions you have made to the Service or MeshMap.
In some cases, MeshMap may be required by applicable law to provide you with certain information and/or notify you of certain events. You acknowledge and consent that such legal notices will be effective upon posting them to the Services or sending them to you via email.
The Agreement contains the entire agreement between you and MeshMap with respect to the Services and supersedes all prior or contemporaneous written or oral communications and agreements with respect to the subject matter. If any inconsistency exists between these Terms and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.
Except as provided in the section above entitled “Legal Disputes and Arbitration,” if any provision of the Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. If any provision of the Agreement is held invalid, illegal or unenforceable in any respect, (a) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (b) the validity, legality and enforceability of the remaining provisions of the Agreement shall not be affected or impaired in any way, and (c) such interpretation shall not affect the validity, legality or enforceability of the applicable provision(s) under different circumstances.
No provision of the Agreement shall be waived except in writing, signed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under the Agreement shall be considered a waiver or estoppel of any right, remedy, or condition.
MeshMap may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer, or sublicense any of your rights or obligations under the Agreement without the prior express written consent of MeshMap and any unauthorized assignment and delegation by you is void.
If you have any questions about these Terms of Service or your use of the Services, please contact accounts@meshmap.com. In order to allow us to efficiently respond to your inquiry, please include “Terms of Service” in the subject line and provide a detailed description of the particular question or issue.
