These Terms of Service govern your use of Metmos’ platforms, including its websites, applications, software products, services, and any related offerings provided by Metmos.

By accessing or using any Metmos platforms or services, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing our platforms or using any other services provided by Metmos.

We, Metmos, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on September 5, 2024.

Limitations of Use

By using our platforms and services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on our platforms;
• remove any copyright or other proprietary notations from any materials and software on our platforms;
• transfer the materials to another person or "mirror" the materials on any other server;
• knowingly or negligently use our platforms or any of its associated services in a way that abuses or disrupts our networks or any other service Metmos provides;
• use our platforms or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use our platforms or its associated services in violation of any applicable laws or regulations;
• use our platforms in conjunction with sending unauthorized advertising or spam, including but not limited to bulk commercial messages, unsolicited emails, or telephone messages (“spam”);
• harvest, collect, or gather user data without the user’s consent;
• use our platforms or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties;
• use our platforms to engage in any unlawful or malicious activities, including hacking, phishing, unauthorized access, or distributing malware, viruses, or malicious code;
• engage in unethical or exploitative behavior, including denial-of-service attacks, hate speech, or advocacy of violence;
• intentionally or recklessly introduce viruses, malicious code, or harmful programs that disrupt the services provided by Metmos or others;
• impersonate Metmos, misrepresent a significant business relationship, or fraudulently gain user trust or patronage under false pretenses.

If any of the above restrictions are violated, Metmos reserves the right to terminate your account or restrict access to our platforms immediately without prior notice, as deemed appropriate. To the extent permitted by law, no credit will be provided for interruptions resulting from violations of these Terms.

Pricing and Payment

All fees for the use of Metmos products, services, and software are charged in accordance with the pricing plans available at the time of purchase. You agree to pay all charges incurred in connection with your use of our services, including but not limited to subscription fees, usage fees, and any additional charges related to the features or services provided.

Metmos reserves the right to modify its pricing at any time. Such changes will apply to future billing periods, and we will provide advance notice of any pricing changes before they come into effect. Your continued use of the services after the effective date of the pricing change constitutes your agreement to the new pricing.

Unless otherwise specified, payments are non-refundable, and all payment obligations are non-cancelable. Any refunds or credits, if applicable, are issued at Metmos’ sole discretion, unless required by applicable law.

You are responsible for all applicable taxes, duties, and charges imposed by any governmental authority, including any sales, value-added, or similar taxes that may apply to your transactions. All amounts paid are exclusive of these taxes.

Shopify Apps by Metmos

For Shopify Apps provided by Metmos, the payment for all plans and services will be processed through Shopify’s billing system, in accordance with Shopify’s billing policies. All fees for paid plans are charged as part of Shopify’s standard 30-day billing cycle, and any additional usage fees or overages incurred during the billing period will be reflected in your Shopify invoice.

All fees for Metmos’ Shopify Apps are as specified on the app page within the Shopify App Store. Metmos reserves the right to modify the pricing of its Shopify Apps at any time, with changes applying prospectively from the next billing cycle. You are responsible for reviewing the current pricing plan, which will be effective for the next billing cycle after notice of any pricing changes.

By continuing to use Metmos’ Shopify Apps after such changes, you agree to the updated pricing. Any failure to pay the applicable fees may result in suspension or termination of your access to the app or its features.

For more information on how Shopify app billing works, please refer to Shopify’s App Billing FAQ.

Customer Accountability

You are responsible for your own actions as well as the actions of anyone who uses our platforms or services with your permission. You agree to ensure that anyone using our platforms complies with these Terms of Service. Unauthorized use of our platforms resulting from your failure to implement reasonable security measures is also your responsibility.

If you or anyone using our platforms violates these terms, Metmos reserves the right to suspend or terminate your access without notice. Metmos may take any appropriate legal action, and to the extent permitted by law, no credit will be available for interruptions caused by such violations.

NFT Content Responsibility

As a user of Metmos services, including the creation, minting, and publishing of NFTs, you acknowledge and agree that you are solely responsible for the legality, quality, and appropriateness of the content you upload or include in any NFTs minted or distributed using our services.

You warrant that you have the necessary rights, licenses, or permissions to publish, distribute, or mint the content provided through Metmos services, including NFT metadata or any related data fields. You agree that you will not:

• Publish, mint, or distribute any content that infringes on the intellectual property rights of others, including copyrights, trademarks, or trade secrets;
• Mint or distribute any content that is obscene, defamatory, illegal, or otherwise prohibited by applicable laws and regulations;
• Engage in the publication, sale, or distribution of NFTs that violate international or local laws, including laws related to financial regulations, securities, or intellectual property;
• Facilitate fraudulent, deceptive, or manipulative NFT trading activities, such as front-running, wash trading, or pump-and-dump schemes;
• Engage in any unlawful activities or conduct through the use of Metmos services, including but not limited to money laundering, terrorist financing, or any form of illegal trade.

Metmos reserves the right to investigate any breaches of these terms, and to take appropriate action, including removing content, suspending accounts, and cooperating with legal authorities where necessary. Metmos takes no responsibility for the content you publish or the consequences of such publication, including any legal claims or damages incurred by third parties.

Intellectual Property

All rights, title, and interest in and to Metmos’ platforms, including but not limited to its websites, applications, software products, services, and all related content (collectively referred to as “Metmos Intellectual Property”), are owned by or licensed to Metmos. This includes but is not limited to the software source code, object code, designs, databases, algorithms, data, user interfaces, features, functionalities, graphics, images, logos, trademarks, service marks, trade names, and other proprietary materials, whether or not they are registered or capable of being registered.

Your use of our platforms, products, and services does not grant you any ownership rights or title to Metmos Intellectual Property. Metmos grants you a limited, non-exclusive, non-transferable, revocable license to use its platforms and services solely for your personal or business use, in accordance with these Terms of Service. This license does not permit you to:

• Modify, copy, distribute, prepare derivative works of, decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any part of our software or services;
• Remove any copyright, trademark, or proprietary notices from our platforms or services;
• Transfer, lease, license, sell, or “mirror” the Metmos software or content to any other person or on any other server;
• Exploit any part of the Metmos software, platforms, or services for commercial purposes beyond the scope of this agreement without express written permission from Metmos.

Any unauthorized use of Metmos Intellectual Property constitutes a violation of these Terms and will result in the immediate termination of your rights to use our services. Metmos reserves all rights to take legal action to enforce its intellectual property rights under applicable law.

You retain ownership of all personal data and content provided through your use of the services, but grant Metmos a limited license to use, store, and process this content for the purpose of delivering the services and as described in our Privacy Policy.

Indemnification

You agree to indemnify, defend, and hold harmless Metmos, its subsidiaries, affiliates, officers, directors, employees, agents, and third parties from and against any and all claims, demands, actions, liabilities, losses, costs, damages, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your use of Metmos’ platforms, software products, or services;
• your violation of any of these Terms of Service;
• your violation of any applicable laws or regulations;
• your violation of any third-party rights, including but not limited to intellectual property, privacy, or other proprietary rights;
• any dispute or issue between you and any third party in connection with your use of our platforms or services;
• any content you submit, post, or transmit through Metmos’ platforms or services; or
• any misrepresentation made by you in connection with your use of our services.

Metmos reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to fully cooperate with Metmos in asserting any available defenses.

Liability

Our platforms, software, and services are provided on an ‘as is’ basis. To the extent permitted by law, Metmos makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Metmos or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our platforms, software, or services, even if Metmos or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Prohibited Activity

By using our platforms, you agree that you will not:

• Transmit, distribute, or store any material that is illegal or violates any applicable law, including material protected by copyright, trademark, trade secret, or other intellectual property rights without proper authorization;
• Engage in sending unsolicited bulk or commercial messages (“spam”), including using our services to operate unconfirmed mailing lists or telephone lists;
• Facilitate or assist in hacking, cracking, or gaining unauthorized access to accounts, systems, or networks;
• Introduce malicious software or code (e.g., viruses, malware) into our services or systems;
• Engage in harassing, threatening, or abusive behavior, including advocacy of hate speech, racial or ethnic intolerance, or acts of violence;
• Engage in fraudulent activities or misrepresent your relationship with Metmos, or impersonate Metmos in a way that misleads others;
• Infringe on the rights of others, including intellectual property rights, privacy rights, and data protection laws.

Metmos reserves the right to investigate and take any action it deems appropriate for violations of this section, including account suspension or termination.

Fair Use Policy

We offer our platforms and services under the assumption of reasonable “business as usual” use. If your usage is deemed excessive and impacts the availability of our services to others, Metmos reserves the right to impose additional fees or restrict your access to ensure fair usage by all users.

Accuracy of Materials

The materials appearing on our platforms are not comprehensive and are for general information purposes only. Metmos does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our platforms, or otherwise relating to such materials or on any resources linked to our platforms.

Links

Metmos has not reviewed all of the sites linked to its platforms and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Metmos of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

These Terms of Service are effective from the moment you first access or use any of Metmos’ platforms, software products, or services and will continue until terminated as described below.

Termination by Customer

You may terminate your account and use of our services at any time by uninstalling the application, unsubscribing from the service, or by providing written notice to Metmos.

Termination by Metmos

Metmos reserves the right, in its sole discretion, to terminate your access to any part of or the entirety of our platforms, software products, or services at any time, for any reason, including but not limited to:

• Violation of any part of these Terms of Service, or failure to comply with any of our policies;
• Failure to pay any applicable fees related to our services;
• If required to do so by law or in response to a legal request;
• If providing the service becomes commercially unviable or operationally impractical in Metmos’ sole discretion;
• If third-party service providers critical to the operation of Metmos’ services are no longer available;
• Or for any other reason that Metmos deems appropriate.

In the event of termination or suspension of your access to the services by Metmos, no refund will be provided for any fees already paid, unless required by law.

Effect of Termination

Upon termination or expiration of your account or use of the service, all licenses and rights granted under these Terms of Service shall immediately terminate, and you must discontinue all use of Metmos platforms, software products, and services.

Any content or data associated with your account may be deleted or become permanently inaccessible, and Metmos is not liable for the recovery of such content. You agree that Metmos is not responsible for any loss or deletion of your content or data resulting from account termination.

Survival of Terms

Notwithstanding termination, any provisions of these Terms of Service that by their nature should survive termination will continue to apply, including, but not limited to, terms related to intellectual property rights, payment obligations, confidentiality, disclaimers, indemnification, and limitations of liability.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Global Access and Compliance

The Metmos platforms and services are controlled, operated, and administered by Metmos from its offices in Australia. If you access Metmos platforms and services from a location outside of Australia, you are responsible for compliance with all local laws applicable to you. You agree that you will not use Metmos platforms or services in any country or jurisdiction or in any manner prohibited by any applicable laws, restrictions, or regulations.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.