Terms of Use

1. Definitions

1.1 “Application” means any Mendster application acquired through mendster.com or the Zendesk Marketplace.

1.2 “Confidential Information” means information of a confidential or sensitive nature that a reasonable person would consider confidential.

1.3 “Content” means anything uploaded to, or transmitted through, the Application, including user-generated content.

1.4 “Data Processor” means Mendster or any third party processing personal information on our behalf.

1.5 “Intellectual Property” means all IP rights in technology, trade secrets, user details, software and inventions belonging to Mendster.

1.6 “Membership Data” means information provided to access or use the Application.

1.7 “Third Party” means an entity other than Mendster, its subsidiaries, or you.

1.8 “User” means any person purchasing or accessing the Application.

1.9 “You” means a User or any person accessing the Application.

2. Use of the Application

2.1 Mendster grants you a non-exclusive, non-transferable licence to use the Application in accordance with these Terms.

2.2 Mendster does not endorse third-party content or linked websites and disclaims liability for content transmitted through them.

2.3 You acknowledge that the Application may be unavailable from time to time for maintenance.

2.4 You must not:

• Create services performing substantially similar functionality;
• Disassemble, decompile or reverse engineer the Application;
• Sublicense, transfer, distribute, rent or lease the Application; or
• Adapt, modify or create derivative works.

3. User Conduct

3.1 By accepting these Terms you represent you have capacity to do so and will maintain accurate Membership Data.

3.2 You must not use the Application for illegal, immoral or unethical purposes.

3.3 You must not knowingly interfere with the proper functioning of the Application, bypass privacy settings, or use it to run mail lists, auto-responders or spam.

3.4 You must not transmit Content that is inaccurate, harmful, obscene, defamatory, exploitative, that discloses personal information without authorisation, that advertises inappropriately, that violates intellectual property rights, or that contains malicious code.

3.5 You are solely responsible for your Content and activities.

3.6 Mendster may restrict, suspend or disable access for misuse.

4. Your Content

4.1 Mendster uses Content only to provide the Application or to comply with law.

4.2 Mendster records and stores only the Content necessary to provide and improve the Application, and writes only necessary Content back to Zendesk or connected systems.

4.3 Mendster may disclose information to satisfy applicable law or government requests.

4.4 Mendster will delete Content when it is no longer needed, or on written request.

4.5 Additional information is available in the Privacy Policy.

5. Payment

5.1 Prices are disclosed prior to access.

5.2 All fees are quoted in US Dollars and are exclusive of tax. Mendster reserves the right to change prices with reasonable notice.

5.3 Payment is required before installation of the Application.

5.4 Dishonoured payments must be settled within seven days or access may be disabled.

5.5 You acknowledge that increases in subscription quantity may incur additional fees.

6. Confidential Information

6.1 You must keep Confidential Information confidential and use it only as authorised.

6.2 These obligations do not apply to information that is publicly available (other than through breach), previously known, or required to be disclosed by law.

7. Intellectual Property Rights

7.1 No provision of these Terms transfers IP rights. You acknowledge that Mendster owns all Application IP.

7.2 Express written permission is required to reproduce any aspect of the Application or Mendster IP.

8. Termination and Suspension

8.1 These Terms continue until you withdraw or vary them, but Mendster may terminate at any time without notice.

8.2 Mendster may suspend or terminate access without notice at its discretion.

8.3 Mendster reserves the right to change or discontinue features or the Application at any time.

9. Limitation of Liability

9.1 Mendster is not liable for losses arising from Application use.

9.2 You are liable for losses to third parties from your negligent acts and must indemnify Mendster accordingly.

9.3 Mendster is not liable for data loss, interruption, or substitute technology costs, or for indirect, punitive, consequential or exemplary damages.

9.4 Liability is limited to the total amounts paid by you.

10. Disclaimer of Warranties

10.1 Mendster makes no representations regarding timely, secure, uninterrupted or error-free access, Zendesk compatibility, defect correction, information accuracy, or freedom from viruses.

11. Assumption of Risk

11.1 You assume all risks from Application use, including damage to systems.

12. Indemnification

12.1 You indemnify Mendster for claims, costs and losses arising from Application use or non-compliance with these Terms.

13. General

13.1 These Terms prevail over any inconsistent Application provisions.

13.2 Invalid provisions are severed without affecting the remainder.

13.3 These Terms are governed by the laws of England and Wales and subject to the exclusive jurisdiction of its courts.

13.4 Non-enforcement is not a waiver.

13.5 Notice is provided by email.

13.6 Mendster may amend these Terms with reasonable notice; continued use constitutes acceptance.

13.7 These Terms, the Privacy Policy and the Data Processing Addendum constitute the entire agreement.