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Privacy Policy
Mego2 Corp. Privacy Policy
Updated: January 18, 2024
Mego2 Corp. (“Mego”) cares about your privacy and wants you to be fully informed of the information we collect and how we use it to offer our products and services, including the 2XL collaborative robot (cobot) (“2XL or “2XL Cobot”). This Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and share your personal information, and to assist you in exercising the privacy rights available to you.
Table of Content
SCOPE
This Privacy Policy applies to personal information collected and processed by us when you access and use our websites, services, software, apps, the 2XL Cobot (“Products”) and other products (collectively, “Mego Services” or “Services”)
I. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on whether you are:
Information You Provide to Us
When you purchase from us or create a Customer account, we may collect your contact number, email address, shipping address and credit card details. If you are an Authorized User and create a profile for your child to use the 2XL Cobot, you have the option of providing additional details such as your child’s name, photograph, date of birth, and likes and dislikes.
The 2XL Cobot’s Primary User will also provide information to us through their voice commands and queries to the 2XL Cobot. This information includes the Primary User’s age (used to provide an age-appropriate experience), preferences, and demographic information. This information may be asked for by the 2XL Cobot directly or inferred by the Primary User’s interactions with the 2XL Cobot. Please be aware that it is possible that some background audio, including the voices of other nearby persons, may be captured when a user is speaking to the 2XL Cobot.
Audio recordings of your voice interactions with the 2XL Cobot may be transmitted to us to be converted into machine readable text so that the 2XL Cobot can respond to your commands. We may also use this data to improve our voice recognition software. The 2XL Cobot does not retain audio files of your commands in its storage. .
We collect personal information from you such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, apply for a job, or otherwise communicate with us.
We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
We may offer forums, blogs, or social media pages. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
2XL Cobot is primarily intended for purely personal, household use. For activating the listening mode on the 2XL Cobot, the user must press the central button. Once activated, the device will listen for a set duration. If no interaction occurs within two minutes, the listening mode will deactivate automatically.
You (not Mego) are responsible for ensuring that you comply with any applicable laws when you use 2XL Cobot. Depending on your use of 2XL Cobot, you may need to notify individuals that may interact with 2XL Cobot that their voices may be detected and obtain any consent required by law.
Information Collected Automatically or From Others
We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, approximate location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.
In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities.
We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
II. WE COLLECT INFORMATION FROM AND ABOUT YOU AND CHILDREN UNDER 13
We collect information from and about you and children under 13.
Our privacy practices for children
Under the Children’s Online Privacy Protection Act, you can review your child’s information by contacting us at support@Mego2.com. You may also request that we no longer collect information from your child or have your child’s information deleted. To do so, contact us at support@Mego2.com.
You may delete your account from the 2XL Cobot at any time using the mobile app
If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information, unless we have a legal obligation to keep it, and terminate the child’s account.
Children’s Information
We collect what is reasonably necessary for kids to participate on our site. This might include gender and age. This might also include an email address. We may also collect usernames or chat logs.
How we use children’s information
Unless permitted by law, we use children’s information after getting verified parental consent. Parents or legal guardians (“Parents”) must provide their verified consent for the collection, use, or disclosure of their child’s personal data. Mego will not collect, use, or disclose any personal data from a child if their parent or guardian does not provide such consent, except in limited circumstances — i.e., if we are only using the information one time to respond to a direct request, or if we are using information obtained from a child to get parental consent. We also use children’s information as described in any request for parental consent.
Mego will store and recognize your child’s voice data, demographic information and individual preferences, and use it to personalize your child’s experience, provide an age-appropriate experience, and otherwise pursuant to this privacy policy.
We may share children’s information
We will share children’s information if required by law. We do not currently have any platforms designed to let kids make their personal information publicly available.
Use and Disclosure of your Information
Consistent with the section “We collect information from and about you and children under 13,” we collect certain categories and specific pieces of information about individuals that are considered “personal information” in California. As detailed, we may collect this personal information from you and other third parties. We collect, share, and disclose personal information for the purposes described in this Privacy Policy.
III. HOW WE USE YOUR INFORMATION
We use your information for a variety of business purposes, including to:
Automated profiling. We may use technologies considered automated decision making or profiling. We will not make automated decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to use such technology. You may escalate any concerns you have by contacting us below.
Use De-identified and Aggregated Information. We may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.
Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities to allow you to share Mego content with others. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
How We Use Automatic Collection Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services.
Our uses of these Technologies fall into the following general categories:
Notice Regarding Third-Party Websites, Social Media Platforms and Software Development Kits. The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk. Our Services may include publicly accessible blogs, forums, social media pages, and private messaging features. By using such Services, you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes. In addition, social media buttons that might include widgets such as the “share this” button or other interactive mini-programs may be on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our site. Your interactions with these features apart from your visit to our site are governed by the privacy policy of the company providing it. We may use third-party Application Program Interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information (in aggregate format only) for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
IV. DISCLOSING YOUR INFORMATION TO THIRD PARTIES
We will only share your personal information with the following categories of third parties. We have not sold consumers’ personal information in the preceding 12 months.
You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
V. YOUR CHOICES
General
You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non-personal information regarding your activities on our Services and for other legal purposes as described above.
Email and Telephone Communications
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non- promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy).
Mobile Devices
We may send you push notifications through our mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
“Do Not Track.”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise your choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
Your Privacy Rights
In accordance with applicable law, you may have the right to:
If you would like to exercise any of these rights, please log into your account via the mobile app (to delete your information), or contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
California Privacy Rights
If you reside in California, we are required to provide additional information to you about how we use and disclose your information. You may also have additional rights with regard to how we use your information. We have included this California-specific information below.
Uses and Disclosure of Your Information – Consistent with Sections II, III, and IV of this Privacy Policy, we collect certain categories and specific pieces of information about individuals that are considered “personal information” in California. As detailed below, we may collect this personal information from you and other third parties. We may collect, share and disclose personal information for the business and commercial purposes described below.
Do Not Sell: Subject to certain exceptions, California residents have the right to opt out of the “sale” of their personal information. We do not sell personal information of children or information collected from our 2XL Cobot App to third parties for their advertising or marketing purposes. We do not monetize the information you provide; however, we work with third party advertisers on our eCommerce site to provide relevant advertising, which may be considered a “sale.” To exercise your Do Not Sell rights, please contact Mego at [ ] or support@mego2.com. Only our eCommerce website includes marketing and remarketing cookies. The 2XL Cobot App, does not utilize these cookies. To opt out of sharing your information and receiving personalized ads at our e-Commerce site through our third party advertising partners, you may contact them directly or use the opt-out tools available from the Digital Advertising Alliance at https://optout.aboutads.info/?c=2&lang=EN or the Network Advertising Initiative at https://optout.networkadvertising.org/?c=1. Opt-outs are browser and device-specific. If you decide to opt out, ads may still be delivered, but they might be less relevant to you and your interests. Whatever decision you make, you can change it at any time.
Deletion, Access and Information Requests – Subject to certain exceptions, as a California resident, you have the right to: (i) request deletion of your personal information; (ii) obtain access to your personal information; and (iii) receive information about the categories of personal information about you that we have “sold” (as that term is defined under California law) to “third parties” (as that term is defined under California law) and also that we have disclosed for a “business purpose” (as that term is defined under California law). This Privacy Policy describes the categories of information we collect.
Deletion Requests: If you would like us to delete your personal information, please contact customer support at support@mego2.com or more information on how you can exercise these rights. You will need to provide us certain information, including your email address, so that we may verify your request and communicate with you regarding your request.
Access Requests: If you would like to access your personal information, please contact customer support at support@mego2.com for more information on how you can exercise these rights. You will need to provide us certain information, including your email address, so that we may verify your request and communicate with you regarding your request.
You may also contact Mego at [ ] for assistance in exercising any of the California rights described above.
Should you wish to request the exercise of these rights as detailed above, we will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, based solely upon this request.
California Shine the Light – Under California Civil Code § 1798.83, as a California resident, you may opt out of companies disclosing personal information to third parties for their direct marketing purposes. Mego does not disclose personal information to third parties for their direct marketing purposes.
Nevada Privacy Rights – Subject to certain exceptions, under Nevada Revised Statutes 603A, Nevada residents may opt out of the “sale” of personal information covered under the statute. Mego does not sell personal information that is covered by this statute.
VI. DATA RETENTION
We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws
VII. SECURITY OF YOUR INFORMATION
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
VIII. CHILDREN’S INFORMATION
Parents or legal guardians (“Parents”) must provide their verified consent for the collection, use, or disclosure of their child’s personal data. Mego will not collect, use, or disclose any personal data from a child if their parent or guardian does not provide such consent. Mego will store and recognize your child’s voice data, demographic information and individual preferences, and use it to personalize your child’s experience, provide an age-appropriate experience, and otherwise pursuant to this privacy policy. Children cannot communicate with Other Users without their parent or guardians’ consent.
You may delete your child’s information from the 2XL Cobot at any time using the mobile app. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information, unless we have a legal obligation to keep it, and terminate the child’s account.
We do not employ any advertising trackers, (such as pixel tags etc.) on 2XL Cobot for targeting or retargeting children for any marketing.
IX. OTHER PROVISIONS
SUPERVISORY AUTHORITY
If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
CHANGES TO OUR PRIVACY POLICY
We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.
X. CONTACT US
If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us at:
[ ]
Parent Application End User License Agreement
MEGO PARENT APPLICATION END USER LICENSE AGREEMENT FOR MEGO PRODUCTS (“Parent Application EULA”)
Last Updated: January 18, 2024
This Application End User License Agreement (“License”) is an agreement between You and Mego2 Corp. (“Mego” or “The Company”). This License governs Your use of any and all software applications published by Mego, including, but not limited to, the Parent software application (the “Parent App”) related to our connected products (the 2XL collaborative robot (cobot)) and any and all related documentation, updates, patches and upgrades that replace or supplement any or all of the applications in any respect and which are not distributed with a separate license (individually and or collectively, the “MEGO Application” or “Application”).
FOR PURPOSES OF THIS LICENSE, “MEGO,” “COMPANY BRANDS,” “THE COMPANY,” “US”, “WE” OR “OUR” MEANS AND INCLUDES MEGO AND ITS INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS. “SERVICES” MEANS THE PROVISION OF DIGITAL CONTENT, SOFTWARE, AND SUPPORT FOR DEVICE FUNCTIONS THAT WE PROVIDE.”YOU” MEANS EACH PERSON WHO ACCESSES OR USES THE APPLICATION OR THE SERVICES (INCLUDING, BUT NOT LIMITED TO YOUR CHILDREN), WHETHER OR NOT SUCH PERSON PERSONALLY INSTALLED THE APPLICATION OR PERSONALLY UTILIZES THE SERVICES. FURTHER, “YOUR CHILDREN” OR “YOUR CHILD” REFERS TO YOUR CHILD, YOUR CHILDREN, OR ANY CHILD OR CHILDREN UNDER YOUR GUARDIANSHIP OR SUPERVISION USING THE APPLICATION. BY CREATING AN ACCOUNT AND ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU: A) ARE AUTHORIZED TO PROVIDE CONSENT FOR YOUR CHILD; AND B) ARE SOLELY RESPONSIBLE FOR ALL ACTIVITY UNDER YOUR ACCOUNT.
BY DOWNLOADING AND/OR USING THE APPLICATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE.
FOR CHILDREN UNDER 18, THE PARENT APP IS DESIGNED FOR PARENTS OR GUARDIANS. THUS, IF YOU ARE A CHILD, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY AND/OR AGE PERMITTING YOU TO FORM A CONTRACT IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
By consenting to this License, downloading, interfacing with, and/or using the MEGO Application, or allowing it to be downloaded, utilized, and/or used, You acknowledge that:
a) You are at least 18 years of age or any other legal age required to form a contract in Your jurisdiction;
b) You have the right, authority and legal capacity to enter into this License;
c) You have read, understood and agree to be bound by the terms and conditions of this License with respect to Yourself and any other user, including, but not limited to, a minor child; and
d) You have read, understood and agree to be bound by the MEGO Privacy Policy available at [Privacy Policy website] (“Privacy Policy”) with respect to Yourself and any other user, including, but not limited to, a minor child.
If You do not agree with the terms and conditions of the License and Privacy Policy, then do not download, interface with, utilize or use the MEGO Application or connected device and delete any copies installed on Your devices. Your agreement to the terms of this License becomes effective immediately upon installation and/or use of the MEGO Application, and shall end on the earliest date on which You dispose of the MEGO Application or MEGO’s termination of this License. This License may be amended from time to time, therefore You agree to review it frequently. Your continued use of the MEGO Application will signify Your acceptance of the changes to this License.
This EULA governs your access and use of the MEGO Application. THIS MEGO APPLICATION EULA REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF (READ THE TERMS OF USE AND ALSO THE INJUNCTIVE RELIEF SECTION BELOW).
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATES OF THE MEGO APPLICATION. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE MEGO APPLICATION.
AS DESCRIBED BELOW, THE SELECTIONS BELOW DESCRIBES IMPORTANT LIMITATIONS OF THE MEGO APPLICATION AND RELATED SERVICES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
1) Limited End Use License Grant and Terms of Use
The Application is licensed to You, not sold.
Provided that You fully comply with the terms and conditions of this License, the Company grants You, and You accept, the non-exclusive, non-transferable, non-sublicensable, revocable license, during the term, to install, access and use one copy of the Application per Apple iOS or Android OS device that You own or control, solely and exclusively for Your personal use and as permitted by the Terms of Use for the Apple App Store and/or Google Play App Store or other app store through which it is made available (collectively, the “App Stores”).
All rights not specifically granted under this License are reserved to MEGO and, as applicable, MEGO’s licensors.
Your use of the MEGO Application is limited to the rights expressly granted to You by this License. You acknowledge and agree that You shall not use the MEGO Application for any purpose other than for non-commercial personal enjoyment, educational or entertainment purposes, and that You shall use the MEGO Application in accordance with all applicable laws, rules and regulations. Any commercial use is strictly prohibited.
Except as expressly provided in this License, You shall not and shall not permit, encourage or support any third party to do the following:
a) Exploit the MEGO Application or any parts of the MEGO Application commercially.
b) Use the MEGO Application, or permit it to be used, on more than one device simultaneously.
c) Make copies of the MEGO Application or any part of the MEGO Application, or make copies of any materials accompanying the MEGO Application.
d) Sell, rent, lease, license, sub-license, distribute or otherwise transfer the MEGO Application, or any copies of the MEGO Application, or any rights to use the MEGO Application, without the express prior written consent of MEGO.
e) Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the MEGO Application or of any component of the MEGO Application, in whole or in part.
f) Modify, remove, disable or circumvent any proprietary notices or labels, product identification, copyright, logo, trademark, or any other intellectual property notices contained on or within the MEGO Application.
g) Export the MEGO Application or any copy or adaptation of the MEGO Application in violation of any applicable laws or regulations.
h) Use portions of the MEGO Application not made available to You or attempt to access and violate the security of the Application.
i) Use the MEGO Application in violation of any applicable laws and regulations.
Any attempt to do any of the above prohibited actions is a violation of the rights of MEGO and its licensors and may subject You to prosecution and the obligation to penalties, including, but not limited to, payment of damages.
2) Ownership
All title, ownership rights and intellectual property rights in and to the MEGO Application (including, but not limited to, any patches and updates) and any and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, music, audio-visual effects, images, photographs, methods of operation, moral rights, any related documentation, and “applets” incorporated into the MEGO Application) are owned by MEGO or licensors of MEGO. The Product Application is protected by the copyright laws of the United States, and by conventions and other laws. You acknowledge that MEGO owns all rights in and to the MEGO Application, including, but not limited to worldwide statutory and common law rights associated with (a) patents and patent applications; (b) works of authorship, including copyrights, copyright applications, copyright registrations and “moral rights;” (c) the protection of trade and industrial secrets and confidential information; (d) trademarks; and (e) divisions, continuations, renewals, derivative works, and re-issuances of any of the foregoing, now existing or acquired in the future.
3) App Stores.
Your use of the Application is subject to the terms and conditions of the App Store on which You downloaded the Application. For details, refer to the terms of use of the App Stores, as applicable.
4) User Accounts
To access or use the MEGO Application and the Services, You must become a registered user and open an account and/or log in to Your existing account with the Company (“Your Account”). User Accounts are subject to the terms and conditions of the MEGO Application, or other online service (“Account Terms”). Your decision to provide information required to establish Your Account is purely voluntary, but if You choose not to provide it, You may not be able to access the MEGO Application, the Services or many of the services of MEGO. You may be permitted to save certain information through Your Account in connection with your use of this MEGO Application. Any information saved through Your Account will be subject to the Account Terms. By creating an Account and accessing the Services, you acknowledge and agree that you a) are authorized to provide consent for Your Children and b) are solely responsible for all activity of You and Your Children under Your Account.
5) Consent to Use of Data
You consent to our data practices as described in Our Privacy Policy (Privacy Policy Address) and this EULA. Without limiting the generality of the foregoing, You agree that Company and its contractors, agents and service providers may collect and use (a) data that you input into or is generated by the MEGO Application or related connected device, including, but not limited to, video and audio images and recordings, audio recording transcriptions, facial recognition data points, WiFi network name, and WiFi network password and (b) technical data and related information, including without limitation, voice recordings, technical information about Your device’s system, MEGO Application, and peripherals gathered periodically to operate the device, facilitate the provision of software or firmware updates, product support, and/or connection to Your WiFi service, customize settings in the device for a personalized experience, and provide other services to You (if any) related to the MEGO Application and Services. In addition, in the MEGO Application, Company may collect and process information about Your location, including your IP address, and by using the MEGO Application and Services, you consent to Company’s collection of such data. Company may use this information to improve its products or to provide services or technologies to You. Because some data collected may constitute personal information under the Children’s Online Privacy Protection Act (COPPA), by creating Your Account (defined in Section 4 above), you consent to any use of the MEGO Application and related connected device by Your Children. Without such consent, Your Children may not use the MEGO Application. Certain data from Your device may be backed up to the cloud as described in the MEGO Privacy Policy. In the event of a conflict between this License and the MEGO Privacy Policy, the MEGO Privacy Policy will control.
6) Updates
Company may, in its sole discretion, update or modify the MEGO Application to improve the user experience or for other business purposes. MEGO reserves the right to make these updates or modifications with or without prior notice to You and will not be held liable to You for such updates or modifications and their resulting loss of use of the MEGO Application or related connected device. Please note that You may need to update Your version of the MEGO Application to continue using the MEGO Application and that failure to do so may limit Your ability to use the connected device.
7) Third-Party
The MEGO Application may include software, content, data or other materials that are owned by persons other than MEGO (“Third-Party Developers”) and are subject to license terms that accompany such Third-Party Developers and you acknowledge and agree that these accompanying license terms govern their use. Nothing in this MEGO Application EULA limits your rights under, or grants you rights that supersede, the license terms that accompany any Third-Party Developers. You are bound by and shall comply with all license terms for such Third-Party Developers and any breach by you of any Third-Party Component license shall also be a breach of this MEGO Application EULA.
Specifically, Mego uses D1SRTUPT1VE, Inc. (“D1SRUPT1VE”) as our Third-Party Developers to provide its artificial intelligence technology and to develop and maintain the MEGO Application. D1SRUPT1VE is not a party to this Agreement, but owns the underlying intellectual property and know how for the MEGO Application and is entitled to receive royalties from the sale of 2XL Cobots. For your convenience, if there are other thirty party providers MEGO may provide a list of the Third-Party Developers contained in the Application on its website.
THE THIRD-PARTY DEVELOPERS DELIVERABLES ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. MEGO AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE THIRD-PARTY DEVELOPERS , INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES REGARDING THE SECURITY, QUIET POSSESSION, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
8) Access Fees
You must provide at Your own expense the equipment, Internet connection, devices, and service plans necessary to access and use the MEGO Application. An Internet connection may be required to use certain portions of the MEGO Application. MEGO does not guarantee that the MEGO Application can be accessed and used on all devices and wireless service plans, nor does it guarantee that the MEGO Application is available in all geographic locations. When You use the MEGO Application, Your wireless service provider may subject You to fees for data and/or wireless access. You acknowledge and agree that You are solely responsible for any costs You may incur to access the MEGO Application.
9) No Warranty
YOUR USE OF THE MEGO Application AND SERVICES IS AT YOUR SOLE RISK.
THIS MEGO APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Company and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors (including the Platform Provider), licensees, contractors, customers, affiliates, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied as to:
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPANY FURTHER HEREBY DISCLAIMs ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS, HACKING OR SECURITY VULNERABILITIES. FURTHER, COMPANY MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD-PARTY SOFTWARE INCLUDED WITH THE APPLICATION. TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED UNDER SUCH LAW.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
10) Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company was advised of or should have known of the possibility of such losses or damages, regardless of whether You bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the MEGO Application).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to You.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF COMPANY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE MEGO APPLICATION AND SERVICES AND YOUR RIGHTS UNDER THIS MEGO APPLICATION EULA, IN NO EVENT, SHALL MEGO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE MEGO SERVICES (OR PRODUCTS) ON WHICH THE CLAIM IS BASED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY PRODUCT WARRANTY THAT IS PROVIDED BY THE COMPANY AS THE SELER OF A PHYSICAL PRODUCT.
With respect to any electronic commercial service on a Company website, residents of California are entitled to the following specific consumer rights information: if You have a complaint, You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. See also: http://www.dca.ca.gov.
11) Injunctive Relief
You agree that Your breach of this License will cause irreparable injury to MEGO for which monetary damages would not be an adequate remedy. MEGO shall be entitled to seek equitable relief from You in addition to the other remedies it may have by this License or under the applicable law.
12) Indemnity
You agree to indemnify, defend and hold harmless MEGO and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including reasonable attorneys’ fees), made by any third-party that directly or indirectly, arise from or related to any claim, suit, action, demand or proceeding made or brought against MEGO, or on account of the defense, settlement or investigation, thereof on account of a) your breach or anticipatory breach of this License or the documents they incorporate by reference; b) all damages, losses and expenses arising directly or indirectly from You acts and omissions to act in using the MEGO Application pursuant to the terms and conditions of this License; c) your violation or anticipatory breach of any law or the rights of a third-party; and d) information or material transmitted through your computing device, even if not submitted by you, that infringes or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; or e) any misrepresentation made by you (collectively “Claims”). You agree to cooperate as fully required by MEGO in the defense of any Claims. MEGO retains the right to unilaterally make decisions on settlements, compromise and payment of Claims and related losses. MEGO reserves the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without the prior written consent of MEGO, an officer thereof, and authorized MEGO legal counsel.
13) Links
The Application may interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by the MEGO. Our provision of a link to any third-party application is for Your convenience only and does not signify our endorsement of such other resource or its contents. You should read the terms of use and privacy policies that apply to such third-party services, content and websites. MEGO WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.
14) Third Party Applications/Devices
If You access the MEGO Application using an Apple iOS or Android-powered device, then Apple Inc., or Google LLC, respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the MEGO Application. You agree that Your access to the MEGO Application using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
15) Term & Termination
This License shall commence on the date You download the MEGO and shall continue to be in force and effect for as long as You do not dispose of the MEGO Application and as You comply with this License. Your rights under this License will terminate automatically without any notice from MEGO in the event that You fail to comply with any of the terms and conditions of this License. Upon termination of this License, You shall cease all use of the MEGO Application. Additionally, MEGO and/or its licensors, reserve the right to change, suspend, remove, or disable access to the MEGO Application or the subscription options at any time without notice. In no event will MEGO be liable for the removal of or disabling of access to the MEGO Application. You agree that MEGO shall not be liable for any loss or damage caused, directly or indirectly, by any such termination and/or suspension.
16) Severability and Survival
If any provision of this License is declared or deemed illegal, unenforceable or invalid under applicable law, this provision shall be considered invalid, but all unaffected provisions will be applied within the limits of the law. MEGO’s failure to enforce any provision of this License shall not constitute a waiver of such provision.
17) Assignment
MEGO may assign this License, in whole or in part, at any time without notice to or consent by You.
You acknowledge that You may not assign, transfer or sublicense any or all of Your rights or obligations under this License without the express prior written consent of MEGO.
18) Governing Law
The laws of California govern this License and Your use of the Application. Your use of the MEGO Application may be also be subject to other local, state, national, or international laws.
19) Export Laws
You agree to abide by the export laws applicable in the U.S. as well as any other applicable export laws and You agree not to transfer the MEGO Application to any foreign national or national destination, which is prohibited by such laws.
You hereby certify that You are not a person with whom MEGO is prohibited from transacting business under applicable laws. Furthermore, 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 that (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
20) Dispute Resolution
Please refer to the Dispute Resolution Section in the Terms of Use (terms of use website).
21) Terms For Apple iPhone, iPod Touch and iPad End Users
These terms supplement and are in addition to the terms of the License for users who purchase and or install the Application on Apple, Inc. (“Apple”) iPhone, iPod Touch, Apple TV and/or iPad products (collectively the “Apple Devices”).
a) You acknowledge and agree that this License is concluded between You and MEGO only, not Apple. b) By installing and/or purchasing the Application, provided that You fully comply with the terms and conditions of this License, You are acquiring and MEGO grants You a personal, limited, non-exclusive and non-transferable license to use the Application on authorized Apple Devices for personal, non-commercial use, and subject to the Apple Terms and Conditions (also referred to as the Usage Rules) set forth in the App Store Terms of Service. c) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. d) In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price for the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MEGO’ responsibility. e) You acknowledge and agree that Apple shall not be responsible for addressing any claims by You or any third party relating to Your possession and/oruse of the Application, including but not limited to: (i) product liability claims; (i) any claims that the Application fails to conform to any applicable legal or regulatory requirement; (ili) claims arising under consumer protection or similar legislation; and (iv) claims by any third party that the Application or Your possession and use of the Application infringes on the intellectual property rights of the third party. f) 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 that (¡) You are not listed on any U.S. Government list of prohibited or restricted parties. g) You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this License, and that, upon Your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce the License against You as a third party beneficiary thereof.
22) Additional Terms for the Subscription Program
For terms related to the subscription program, please refer to Subscription section of the Terms of Use (terms of use website).
23) Modifications
MEGO may, in its sole and absolute discretion, change this License from time to time. Therefore, You agree to review it frequently by visiting the link in the legal tab on the MEGO website: [website]. Your continued use of the MEGO Products and/or Application will signify Your acceptance of the changes to this License as changed. If You object to any such changes, Your sole recourse will be to stop using the MEGO Products and/or Application.
24) Miscellaneous
This License, together with the Privacy Policy, Terms of Use or any other rules or guidelines posted in connection with the MEGO Application constitute the entire and exclusive and final statement of the agreement between You and MEGO. MEGO’s failure to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision.
If for any reason any provision of this License is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this License shall continue in full force and effect.
The section titles in this License are for convenience only and have no legal or contractual effect. The terms of this License which by their nature should survive the termination of this License shall survive such termination. This License is personal to You and is not assignable, transferable or sublicensable by You except with our prior written consent. We may assign, transfer or delegate our rights and obligations under this License without consent from You.
25) Entire Agreement
This License, the Privacy Policy, the Parent App EULA and the Terms of Use, where applicable, represent and express the entire agreement between You and MEGO for the use of the MEGO Application. It replaces and supersedes all prior understandings (written or oral) concerning the within subject matter. No delay or failure to exercise any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase terms or other terms, the terms of this License shall prevail. In case of any discrepancy between the English, French or other versions of this License, the English version shall always prevail.
26) Contact Information
For any questions regarding this MEGO Application EULA, please contact us at [email address].
27) Claims of Infringement
For any claims of infringement or any legal inquiries, please contact:
[Physical address]
Product End User License Agreement
MEGO PRODUCT(S) END USER LICENSE AGREEMENT FOR MEGO PRODUCTS (“Product EULA”)
Last Updated: January 18, 2024
This MEGO Product End User License Agreement (“Product EULA” or “License”) is an agreement between You and MEGO2 CORP. (“MEGO” or “The Company”). This License governs the software that is embedded in the MEGO 2XL robot and/or that is located in cloud-based server computing devices, the [MEGO] web site (collectively the “MEGO Product(s)), and/or any and all related documentation, updates, patches and upgrades that replace or supplement any or all of the MEGO Product(s) in any respect and which are not distributed with a separate license. This MEGO Product EULA is separate and apart from the MEGO 2XL Parent App End User License Agreement (“Parent App EULA”).
FOR PURPOSES OF THIS LICENSE, “MEGO,” “COMPANY BRANDS,” “THE COMPANY,” “US”, “WE” OR “OUR” MEANS AND INCLUDES MEGO AND ITS INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS. “SERVICES” MEANS the provision of Digital Content, Software, and support FOR DEVICE FUNCTIONS that we provide. “YOU” MEANS EACH PERSON WHO ACCESSES OR USES THE PRODUCT SOFTWARE OR THE SERVICES (INCLUDING, BUT NOT LIMITED TO YOUR CHILDREN), WHETHER OR NOT SUCH PERSON PERSONALLY INSTALLED THE PRODUCT SOFTWARE OR PERSONALLY UTILIZES THE SERVICES. FURTHER, “YOUR CHILDREN” OR “YOUR CHILD” REFERS TO YOUR CHILD, YOUR CHILDREN, OR ANY CHILD OR CHILDREN UNDER YOUR GUARDIANSHIP OR SUPERVISION USING THE MEGO PRODUCT(S). BY CREATING AN ACCOUNT AND ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU: A) ARE AUTHORIZED TO PROVIDE CONSENT FOR YOUR CHILD; AND B) ARE SOLELY RESPONSIBLE FOR ALL ACTIVITY UNDER YOUR ACCOUNT.
BY USING THE MEGO PRODUCT(S), YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE.
FOR CHILDREN UNDER 18, THE MEGO PRODUCT(S)IS DESIGNED FOR PARENTS OR GUARDIANS AND/OR UTILIZATION BY THEIR CHILDREN. THUS, IF YOU ARE A CHILD, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY AND/OR AGE PERMITTING YOU TO FORM A CONTRACT IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
By consenting to this License, downloading, interfacing with, and/or using the MEGO Product(s), or allowing it to be downloaded, utilized, and/or used, You acknowledge that:
a) You are at least 18 years of age or any other legal age required to form a contract in Your jurisdiction;
b) You have the right, authority and legal capacity to enter into this License;
c) You have read, understood and agree to be bound by the terms and conditions of this License with respect to Yourself and any other user, including, but not limited to, a minor child; and
d) You have read, understood and agree to be bound by the MEGO Privacy Policy available at [Privacy Policy website] (“Privacy Policy”) with respect to Yourself and any other user, including, but not limited to, a minor child.
If You do not agree with the terms and conditions of the License and Privacy Policy, then do not download, interface with, utilize or use the MEGO Product(s) or connected device and delete any copies installed on Your devices. Your agreement to the terms of this License becomes effective immediately upon installation and/or use of the MEGO Product(s), and shall end on the earliest date on which You dispose of the MEGO Product(s) or MEGO’s termination of this License. This License may be amended from time to time, therefore You agree to review it frequently. Your continued use of the MEGO Product(s) will signify Your acceptance of the changes to this License.
This EULA governs your access and use of the MEGO Product(s). THIS MEGO PRODUCT EULA REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF (READ THE TERMS OF USE AND ALSO THE INJUNCTIVE RELIEF SECTION BELOW).
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATES OF THE MEGO PRODUCT(S). IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE MEGO PRODUCT(S).
AS DESCRIBED BELOW, THE SELECTIONS BELOW DESCRIBES IMPORTANT LIMITATIONS OF THE MEGO PRODUCT(S) AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
1) Limited End Use License Grant and Terms of Use
The Application is licensed to You, not sold.
Provided that You fully comply with the terms and conditions of this License, the Company grants You, and You accept, the non-exclusive, non-transferable, non-sublicensable, revocable license, during the term, to install, access and use the MEGO Product(s) that You own or control, solely and exclusively for Your personal use and as permitted by the Terms of Use.
All rights not specifically granted under this License are reserved to MEGO and, as applicable, MEGO’s licensors.
Your use of the MEGO Product(s) is limited to the rights expressly granted to You by this License. You acknowledge and agree that You shall not use the MEGO Product(s) for any purpose other than for non-commercial personal enjoyment, educational or entertainment purposes, and that You shall use the MEGO Product(s) in accordance with all applicable laws, rules and regulations. Any commercial use is strictly prohibited.
Except as expressly provided in this License, You shall not and shall not permit, encourage or support any third party to do the following:
a) Exploit the MEGO Product(s) or any parts of the MEGO Product(s) commercially.
b) Use the MEGO Product(s), or permit it to be used, on more than one device simultaneously.
c) Make copies of the MEGO Product(s) or any part of the MEGO Product(s), or make copies of any materials accompanying the MEGO Product(s).
d) Sell, rent, lease, license, sub-license, distribute or otherwise transfer the MEGO Product(s), or any copies of the MEGO Product(s), or any rights to use the MEGO Product(s), without the express prior written consent of MEGO.
e) Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the MEGO Product(s) or of any component of the MEGO Product(s), in whole or in part.
f) Modify, remove, disable or circumvent any proprietary notices or labels, product identification, copyright, logo, trademark, or any other intellectual property notices contained on or within the MEGO Product(s).
g) Export the MEGO Product(s) or any copy or adaptation of the MEGO Product(s) in violation of any applicable laws or regulations.
h) Use portions of the MEGO Product(s) not made available to You or attempt to access and violate the security of the Application.
i) Use the MEGO Product(s) in violation of any applicable laws and regulations.
Any attempt to do any of the above prohibited actions is a violation of the rights of MEGO and its licensors and may subject You to prosecution and the obligation to penalties, including, but not limited to, payment of damages.
2) Ownership
All title, ownership rights and intellectual property rights in and to the MEGO Product(s) (including, but not limited to, any patches and updates) and any and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, music, audio-visual effects, images, photographs, methods of operation, moral rights, any related documentation, and “applets” incorporated into the MEGO Product(s)) are owned by MEGO or licensors of MEGO. The Product Software is protected by the copyright laws of the United States by international copyright treaties, and by conventions and other laws. You acknowledge that MEGO owns all rights in and to the MEGO Product(s), including, but not limited to worldwide statutory and common law rights associated with (a) patents and patent applications; (b) works of authorship, including copyrights, copyright applications, copyright registrations and “moral rights;” (c) the protection of trade and industrial secrets and confidential information; (d) trademarks; and (e) divisions, continuations, renewals, derivative works, and re-issuances of any of the foregoing, now existing or acquired in the future.
3) User Accounts
To access or use the MEGO Product(s) and the Services, You must become a registered user and open an account and/or log in to Your existing account with the Company (“Your Account”). User Accounts are subject to the terms and conditions of the MEGO Product(s), the Parent Application or other online service (“Account Terms”). Your decision to provide information required to establish Your Account is purely voluntary, but if You choose not to provide it, You may not be able to access the MEGO Product(s), the Services or many of the services of MEGO. You may be permitted to save certain information through Your Account in connection with your use of this MEGO Product(s). Any information saved through Your Account will be subject to the Account Terms. By creating an Account and accessing the Services, you acknowledge and agree that you a) are authorized to provide consent for Your Children and b) are solely responsible for all activity of You and Your Children under Your Account.
4) Consent to Use of Data
You consent to our data practices as described in Our Privacy Policy (Privacy Policy Address) and this EULA. Without limiting the generality of the foregoing, You agree that Company and its contractors, agents and service providers may collect and use (a) data that you input into or is generated by the MEGO Product(s) or related connected device, including, but not limited to, video and audio images and recordings, audio recording transcriptions, facial recognition data points, WiFi network name, and WiFi network password and (b) technical data and related information, including without limitation, voice recordings, technical information about Your device’s system, MEGO Product(s), and peripherals gathered periodically to operate the device, facilitate the provision of software or firmware updates, product support, and/or connection to Your WiFi service, customize settings in the device for a personalized experience, and provide other services to You (if any) related to the MEGO Product(s) and Services. In addition, in the MEGO Product(s), Company may collect and process information about Your location, including your IP address, and by using the MEGO Product(s) and Services, you consent to Company’s collection of such data. Company may use this information to improve its products or to provide services or technologies to You. Because some data collected may constitute personal information under the Children’s Online Privacy Protection Act (COPPA), by creating Your Account (defined in Section 4 above), you consent to any use of the MEGO Product(s) and related connected device by Your Children. Without such consent, Your Children may not use the MEGO Product(s). Certain data from Your device may be backed up to the cloud as described in the MEGO Privacy Policy. In the event of a conflict between this License and the MEGO Privacy Policy, the MEGO Privacy Policy will control.
5) Updates
Company may, in its sole discretion, update or modify the MEGO Product(s) to improve the user experience or for other business purposes. MEGO reserves the right to make these updates or modifications with or without prior notice to You and will not be held liable to You for such updates or modifications and their resulting loss of use of the MEGO Product(s) or related connected device. Please note that You may need to update Your version of the MEGO Product(s) to continue using the MEGO Product(s) and that failure to do so may limit Your ability to use the connected device.
6) Third-Party Components
The MEGO Product(s) may include software, content, data or other materials that are owned by persons other than MEGO (“Third-Party Components”) and are subject to license terms that accompany such Third-Party Components and you acknowledge and agree that these accompanying license terms govern their use. Nothing in this MEGO Product(s) EULA limits your rights under, or grants you rights that supersede, the license terms that accompany any Third-Party Components. You are bound by and shall comply with all license terms for such Third-Party Components and any breach by you of any Third-Party Component license shall also be a breach of this MEGO Product(s) EULA.
For your convenience, MEGO may provide a list of the Third-Party Components contained in the Product Software at the following address (web address) If required by any license for a particular Third-Party Component, MEGO makes the source code to such Third-Party Component, and any of MEGO’s modifications to such Third-Party Component as required, available by written request to MEGO at: [email address] or [Physical address] or by providing you with the vendor’s name who wrote the software that is incorporated in the MEGO Product(s).
THE THIRD-PARTY COMPONENTS ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. MEGO AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE THIRD-PARTY COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES REGARDING THE SECURITY, QUIET POSSESSION, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
7) Access Fees
You must provide at Your own expense the equipment, Internet connection, devices, and service plans necessary to access and use the MEGO Product(s). An Internet connection may be required to use certain portions of the MEGO Product(s). MEGO does not guarantee that the MEGO Product(s) can be accessed and used on all devices and wireless service plans, nor does it guarantee that the MEGO Product(s) is available in all geographic locations. When You use the MEGO Product(s), Your wireless service provider may subject You to fees for data and/or wireless access. You acknowledge and agree that You are solely responsible for any costs You may incur to access the MEGO Product(s).
8) No Warranty
YOUR USE OF THE MEGO Product(s) AND SERVICES IS AT YOUR SOLE RISK.
THIS MEGO Product(s) AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Company and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors (including the Platform Provider), licensees, contractors, customers, affiliates, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied as to:
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPANY FURTHER HEREBY DISCLAIMs ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS, HACKING OR SECURITY VULNERABILITIES. FURTHER, COMPANY MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD-PARTY SOFTWARE INCLUDED WITH THE PRODUCT SOFTWARE. TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED UNDER SUCH LAW.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
9) Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company was advised of or should have known of the possibility of such losses or damages, regardless of whether You bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the MEGO Product(s)). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to You.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF COMPANY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE MEGO PRODUCT(S) AND SERVICES AND YOUR RIGHTS UNDER THIS MEGO PRODUCT(S) EULA, IN NO EVENT, SHALL MEGO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE MEGO SERVICES (OR PRODUCTS) ON WHICH THE CLAIM IS BASED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY PRODUCT WARRANTY THAT IS PROVIDED BY THE COMPANY AS THE SELER OF A PHYSICAL PRODUCT.
With respect to any electronic commercial service on a Company website, residents of California are entitled to the following specific consumer rights information: if You have a complaint, You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. See also: http://www.dca.ca.gov.
10) Injunctive Relief
You agree that Your breach of this License will cause irreparable injury to MEGO for which monetary damages would not be an adequate remedy. MEGO shall be entitled to seek equitable relief from You in addition to the other remedies it may have by this License or under the applicable law.
11) Indemnity
You agree to indemnify, defend and hold harmless MEGO and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including reasonable attorneys’ fees), made by any third-party that directly or indirectly, arise from or related to any claim, suit, action, demand or proceeding made or brought against MEGO, or on account of the defense, settlement or investigation, thereof on account of a) your breach or anticipatory breach of this License or the documents they incorporate by reference; b) all damages, losses and expenses arising directly or indirectly from You acts and omissions to act in using the MEGO Product(s) pursuant to the terms and conditions of this License; c) your violation or anticipatory breach of any law or the rights of a third-party; and d) information or material transmitted through your computing device, even if not submitted by you, that infringes or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; or e) any misrepresentation made by you (collectively “Claims”). You agree to cooperate as fully required by MEGO in the defense of any Claims. MEGO retains the right to unilaterally make decisions on settlements, compromise and payment of Claims and related losses. MEGO reserves the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without the prior written consent of MEGO, an officer thereof, and authorized MEGO legal counsel.
12) Links
The Product Software may interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by the MEGO. Our provision of a link to any third-party application is for Your convenience only and does not signify our endorsement of such other resource or its contents. You should read the terms of use and privacy policies that apply to such third-party services, content and websites. MEGO WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.
13) Third Party Applications/Devices
If You access the MEGO Product(s) using an Apple iOS or Android-powered device, then Apple Inc., or Google LLC, respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the MEGO Product(s). You agree that Your access to the MEGO Product(s) using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
14) Term & Termination
This License shall commence on the date You activate the MEGO Product(s) (and/or the Product Software) and shall continue to be in force and effect for as long as You do not dispose of the MEGO Product(s) and as You comply with this License. Your rights under this License will terminate automatically without any notice from MEGO in the event that You fail to comply with any of the terms and conditions of this License. Upon termination of this License, You shall cease all use of the MEGO Product(s). Additionally, MEGO and/or its licensors, reserve the right to change, suspend, remove, or disable access to the MEGO Product(s) or the subscription options at any time without notice. In no event will MEGO be liable for the removal of or disabling of access to the MEGO Product(s). You agree that MEGO shall not be liable for any loss or damage caused, directly or indirectly, by any such termination and/or suspension.
15) Severability and Survival
If any provision of this License is declared or deemed illegal, unenforceable or invalid under applicable law, this provision shall be considered invalid, but all unaffected provisions will be applied within the limits of the law. MEGO’s failure to enforce any provision of this License shall not constitute a waiver of such provision.
16) Assignment
MEGO may assign this License, in whole or in part, at any time without notice to or consent by You.
You acknowledge that You may not assign, transfer or sublicense any or all of Your rights or obligations under this License without the express prior written consent of MEGO.
17) Governing Law
The laws of California govern this License and Your use of the Product Software. Your use of the MEGO Product(s) may be also be subject to other local, state, national, or international laws.
18) Export Laws
You agree to abide by the export laws applicable in the U.S. as well as any other applicable export laws and You agree not to transfer the MEGO Product(s) to any foreign national or national destination, which is prohibited by such laws.
You hereby certify that You are not a person with whom MEGO is prohibited from transacting business under applicable laws. Furthermore, 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 that (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
19) Dispute Resolution
Please refer to the Dispute Resolution Section in the Terms of Use (terms of use website).
20) Terms For Apple iPhone, iPod Touch and iPad End Users
These terms supplement and are in addition to the terms of the License for users who utilize the MEGO Product(s) and/or Product Software on Apple, Inc. (“Apple”) iPhone, iPod Touch, Apple TV and/or iPad products (collectively the “Apple Devices”).
a) You acknowledge and agree that this License is concluded between You and MEGO only, not Apple; b) By installing and/or utilize the MEGO Product(s), provided that You fully comply with the terms and conditions of this License, You are acquiring and MEGO grants You a personal, limited, non-exclusive and non-transferable license to use the MEGO Product(s) to interface with authorized Apple Devices for personal, non-commercial use, and subject to the Apple Terms and Conditions (also referred to as the Usage Rules) set forth in the App Store Terms of Service and c) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the MEGO Product(s).
21) Additional Terms for the Subscription Program
For terms related to the subscription program, please refer to Subscription section of the Terms of Use (terms of use website).
22) Modifications
MEGO may, in its sole and absolute discretion, change this License from time to time. Therefore, You agree to review it frequently by visiting the link in the legal tab on the MEGO website: [website]. Your continued use of the MEGO Products and/or Product Software will signify Your acceptance of the changes to this License as changed. If You object to any such changes, Your sole recourse will be to stop using the MEGO Products and/or Product Software.
23) Miscellaneous
This License, together with the Privacy Policy, Terms of Use or any other rules or guidelines posted in connection with the MEGO Product(s) constitute the entire and exclusive and final statement of the agreement between You and MEGO. MEGO’s failure to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision.
If for any reason any provision of this License is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this License shall continue in full force and effect.
The section titles in this License are for convenience only and have no legal or contractual effect. The terms of this License which by their nature should survive the termination of this License shall survive such termination. This License is personal to You and is not assignable, transferable or sublicensable by You except with our prior written consent. We may assign, transfer or delegate our rights and obligations under this License without consent from You.
24) Entire Agreement
This License, the Privacy Policy, the Parent App EULA and the Terms of Use, where applicable, represent and express the entire agreement between You and MEGO for the use of the MEGO Product(s). It replaces and supersedes all prior understandings (written or oral) concerning the within subject matter. No delay or failure to exercise any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase terms or other terms, the terms of this License shall prevail. In case of any discrepancy between the English, French or other versions of this License, the English version shall always prevail.
25) Contact Information
For any questions regarding this MEGO Product(s) EULA, please contact us at [email address].
26) Claims of Infringement
For any claims of infringement or any legal inquiries, please contact:
[Physical address]
TERMS OF USE
These Mego2 Corp. (“Mego”) Terms of Use (referred to as “Terms” or “Agreement”) apply to our websites, services, software, apps, and other products, including the 2XL collaborative robot (cobot) (“2XL or “2XL Cobot”) and the 2XL cobot app (“Parent App”) (collectively, “Mego Services” or “Services”).
OVERVIEW
Mego Services are operated by Mego. The 2XL Cobot is manufactured and sold by Mego. Mego uses D1SRTUPT1VE, Inc. (“D1SRUPT1VE”) as our service provider to provide its artificial intelligence technology and to develop and maintain the Parent App. D1SRUPT1VE is not a party to this Agreement, but is entitled to receive royalties from the sale of 2XL Cobots. Mego has the right to subcontract any of the Mego Services under this Agreement. Throughout the site, the terms “we”, “us” and “our” refer to Mego, and, as applicable, Mego’s subcontractors. Mego offers its websites and the Parent App, including all information, tools and services available from these sites and the app to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By (1) visiting our eCommerce Site or purchasing something from us; (2) utilizing the Parent App or (3) utilizing 2XL, you engage in the “Mego Services” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Please read these Terms of Use carefully before accessing or using the Mego Services. By accessing or using any part of the Mego Services, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not and should not access the sites or use any of the Mego Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to any of the Mego Services shall also be subject to these Terms of Use.
You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to any of the Mego Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the sites following the posting of any changes constitutes acceptance of those changes in the Terms of Use.
Please note that your place of residence may control whether you have different rights than expressed herein. Nothing described herein may impact your rights under the law in your place of residence (which cannot be modified or changed by these Terms of Use). Should there be a conflict between the rights in your place or residence and these Terms of Use, then the law in your place of residence should prevail.
WARNING: IN ADDITION TO THE FOREGOING PROHIBITED USES, PLEASE BE ADVISED THAT THE 2XL COBOT IS AN ELECTRICAL APPLIANCE AND THEREFORE YOU MUST AT ALL TIMES TAKE BASIC PRECAUTIONS WHEN USING THE PRODUCT. PLEASE SEE IMPORTANT SAFETY INFORMATION IN YOUR USER GUIDE OR QUICK START GUIDE.
1) GENERAL CONDITIONS
You may not use our Mego Services for any illegal or unauthorized purpose nor may you, in the use of the Mego Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of the use of the Mego Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Mego Services, use of the Mego Services, or access to the Mego Services or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
2) ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Mego Services (including Mego’s websites and the Parent App) are not accurate, complete or current. The material on this the Mego Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Mego Services is at your own risk.
The Mego Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these Mego Services at any time, but we have no obligation to update any information on our sites. You agree that it is your responsibility to monitor changes to our Mego Services.
3) Mego Services DESCRIPTION
The Mego Services are for your personal, noncommercial use and are intended for information and entertainment purposes only. The Mego Services does not constitute legal, professional, medical or healthcare advice or diagnosis.
Intellectual Property Ownership – The Mego Services are our Intellectual Property or the Intellectual Property of Mego, our licensors or licensees, and pursuant to our agreements with our partners, including D1SRUPT1VE. All copyrights, moral rights, trademarks, service marks, trade dress, and trade names and additional intellectual property rights are owned by Mego, D1SRUPT1VE, or Mego’s or D1SRUPT1VE’s licensors or licensees. You may own the physical media on which portions of the Mego Services are delivered to you, but Mego retains complete and full ownership of the Mego Services Intellectual Property and/or the Mego Services. There is no transfer of title or any rights to any portion of the Mego Services to you. Different parts of the Mego Services may not be used or exploited in any way other than as part of the Mego Services that are offered to you. A list of some of Mego’s Intellectual Property is provided at [__].
Mego Content & Software License – As part of these Terms of Use, Mego grants you the use of software, content, virtual items or other materials owned or licensed by Mego. Mego grants you a limited, non-exclusive, non-sublicensable, non-transferrable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only. This license is only good for as long as the Mego Services are made available by Mego. You have no right, to distribute, communicate to the public, make available to the public, reproduce or transform any Mego Services in any media format known now or hereafter devised. The use of the Parent App is controlled by the Parent App End User License Agreement (“EULA”).
4) MEGO PRODUCTS OR SERVICES
The 2XL Cobot is only available for sale through the eCommerce web site and the Amazon Mego Site. The 2XL Cobot may have limited quantities and is subject to return or exchange only according to our Return Policy, available at [__]. Please review the Amazon Mego Site for Amazon’s return policy. We have made every effort to display as accurately as possible the colors and images of the 2XL Cobot that appears on Mego’s websites. We cannot guarantee that your computing device’s display of any color will be accurate.
The Parent App is only available for download at Apple App Store or Google Play.
We reserve the right, but are not obligated, to limit the sales of the Mego Products or Mego Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on Mego’s websites is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product or Service Policy will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Mego’s websites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Mego plans to offer a one-year limited warranty for the 2XL Cobot. Details of the limited one-year warranty may be found at [__].
5) Mego Services PROHIBITED USES
In addition to other prohibitions as set forth in this Terms of Use, by agreeing to this Terms of Use, you are prohibited from using the Mego Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mego Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, farm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Mego Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Mego Services or any related website for violating any of the prohibited uses.
By agreeing to these Terms, you agree not to circumvent or disable any content protection system or digital rights management technology that is utilized within any 2XL Service. You may not use Mego’s websites, the Parent App, or Mego, for any commercial or political purpose (for purposes of advertising, soliciting funds, and/or selling products). You may not utilize products such as meta tags or any other “hidden text” utilizing any Mego trademarks or trade names. You may not reverse engineer, reverse assembly, disassemble, decompile, modify or otherwise try to ascertain any 2XL Service from a computer-readable or computer-executable form. You may not engage in any activity that interferes with a user’s access to the Mego Services, interferes with the proper operation of the Mego Services, or causes harm to the Mego Services. You may not remove or delete any notice including copyright, trade dress or trademark notices or any Intellectual Property notices. Further, you may not access or utilize any 2XL Service in an unlawful or unauthorized manner or in a manner that suggest an association or sponsorship with by Mego’s Services, products, and/or brands. If you access or acquire services, content or software of the Mego Services, you represent and warrant that you access to and use of the services, content or software will comply with those requirements. You also agree that you will not frame or utilize framing techniques to enclose any content of the Mego Services (including, but not limited to, images, text or page layout). You also agree that you will not make modifications to the Mego Services or content. You further agree that you will not change, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit the content or Mego Services as specifically permitted by these Terms of Use or with prior written consent of an officer of Mego. You will not insert any code or product to manipulate the Mego Services or content in any way that adversely affects any user experience.
Mego may immediately suspend or terminate the availability of the Mego Products and Content (and any elements and features of them) for any reason, in Mego’s sole discretion, and without advance notice or liability.
Reservation of All Rights Not Granted as to Content and Website. This Terms of Use include only narrow, limited grants of rights to Content and to use and access the Mego Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Mego and its licensors and other authorized third parties. Any unauthorized use of any content or the Website for any purpose is prohibited.
6) PRIVACY
The current Mego Privacy Policy at [__] describes our collection and use of data. Some of the Services are subject to the Children’s Online Privacy Protection Act (COPPA).
7) OPENING ACCOUNTS / ACCESSING Mego Services.
eCommerce Site – You don’t have to establish an account to visit and view our websites. In order to purchase the 2XL Cobot, you have to establish an account in Mego’s websites. You will provide your name, billing information and shipping address. Mego’s websites is not designed to be used by children under 18. The Mego Services’ (including Mego’s websites’s) practices governing any collection and use of your personal information are disclosed in its Privacy Statement, which is available of [website]. Your decision to provide this information is purely voluntary and optional; however, if you do not consent to Mego’s data collection policy or practices, you may not be able to interface with 2XL.
Parent App and 2XL – In order to obtain the Parent App, you go to Apple App Store or Google Play store and download the Parent App to your computing device. The Parent App may be utilized on smart phones or tablet computing devices. You have to establish your account (including an e-mail address) in the Parent App in order to interface with the 2XL. You will be asked to enter your name, your email address, child developmental goal information in the Parent App.
For the email address you agree that you will not use a username that is already in use, impersonates another person, violates the intellectual property or other right of any person or entity, or is offensive. Mego reserves the right to reject any email address for any other reason in their sole discretion. You are responsible for all activities under your account and email address, whether or not you authorize the activity. You will provide accurate, current and complete information about yourself and update it regularly. You are solely responsible for maintaining the confidentiality of your amount and for restricting access to your computing device you are using to access the Parent App so that others may not access your account using your information. If there has been a breach of security or if there is unauthorized use of your email address or account, you must notify Mego immediately. You shall not sell, transfer or assign your account or any account rights.
Mego will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any of the information, or if we believe there are grounds to reasonably suspect that any of the information you provide, if false, inaccurate, outdated or violates this Terms of Use, any terms, or any legal requirement or law, then Mego may suspend or terminate your account.
We also reserve a more general right to terminate your account or suspend your account, all in our sole discretion and without advance notice or liability.
Handling of the 2XL Cobot – 2XL is an electronic device designed to be utilized by children. As such, the 2XL Cobot should be handled gently and with care. Please refer to the Section entitled “Caring for Your 2XL” in the Quick Start Guide and the User Manual for more detailed instructions.
8) THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Mego’s websites is hosted on [__] servers. They provide us with the online eCommerce platform that allows us to sell our Mego Services (e.g., including the 2XL Cobot) to you.
By agreeing to these Terms of Use, you represent that you are at least the age of 18 in your state, or that you have given us your consent to allow any of your minor dependents to use this eCommerce site.
9) CUSTOMER SERVICE
If you have any customer service questions related to Mego Services, then as a resource please contact Mego at:
[Phone number]
[Contact us website]
10) PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
Mego will respond to notices of copyright infringement that comply the U.S. Digital Millennium Copyright Act (“DMCA”). If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it in the Mego Services, a written notice may be sent that includes the following information: 1) a subject line stating “DMCA Copyright Infringement Notice”; 2) a description or identification of the copyrighted work or works that you claim is allegedly infringed; 3) a description of where (e.g., URL or portion of Mego Services) the material that you claim is allegedly infringed is located to allow us to locate and identify the material; 4) your full name and preferred contact information (address, email, telephone number); 5) a statement by you, made under penalty of perjury that the information in the above-described is accurate and that you own the copyright in the material (or that you are a representative of the copyright owner and authorized to act on the copyright owner’s behalf; and 6) your physical signature, or, if sent within an electronic communication (e.g., email) your typed name followed by //s//, which will serve as the electronic signature.
Mego will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:
By Mail:
[Address]
Attention: [__]
By E-Mail:
[email]
Mego may elect or decide to not respond to DMCA Notices that do not comply with all of the foregoing requirements. In addition, sometimes it is difficult to determine if the copyrighted material has been infringed. Mego may elect or decide to remove allegedly infringing material that comes to attention via notices even if the notices do not comply with the DMCA provisions.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Mego may send the information that you provide in your DMCA Notice to the person who provided the allegedly infringing work. In response, that person may send Mego a DMCA Counter Notification.
DMCA Counter-Notification. If a work that you provided to Mego is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send Mego a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information: (1) a subject line that says: “DMCA Counter-Notification”; (2) a description of the material that has been removed and the location at which the material appeared before it was removed (e.g., URL or other identifier); (3) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or as a result of mistake or misidentification of the material and/or a verification of ownership of the material; (4) your full name and preferred contact information (address, telephone number, e-mail address); (5) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of [__]), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and (6) your physical signature, or, if sent within an electronic communication (e.g., email) your typed name followed by //s//, which will serve as the electronic signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 5 and not more than 7 business days following receipt of the DMCA Counter-Notification.
However, we will not do this if the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Mego Services and Mego receives notice of the lawsuit.
Mego may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
11) PROCEDURE TO ALLEGE INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it on the Mego Services, then you may send us a written notice to one of the addresses set forth above that includes all of the following: (a) subject line that says: “Intellectual Property Infringement Notice”; (b) a description of the intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing or is the subject of infringing activity is located (e.g., URL); (d) your full name and preferred contact information; (e) a good faith statement by you, made under penalty of perjury, that the use of the material allegedly is not authorized by the owner and that you are the owner’s representative or agent or the owner and authorized to communicate on behalf of the owner; and (f) your physical signature and an electronic signature, as described in section 10 above.
Mego will act on such notices in our sole discretion. Any user of the Mego Services that fails to respond satisfactorily to us with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
12) DISCLAIMERS AND LIMITATIONS ON LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE MEGO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS OR PERFORMANCE THAT MAY BE OBTAINED FROM THE USE OF THE Mego Services WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE PARTS OR PORTIONS OF THE MEGO SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE MEGO SERVICES IS AT YOUR SOLE RISK. THE MEGO SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IF YOU NEED HELP, PLEASE REFER TO THE SUPPORT OR CUSTOMER SERVICE SECTION OF THE MEGO SERVICES FOR ASSISTANCE IF ANY PART OF THE MEGO SERVICES IS NOT WORKING PROPERLY. MEGO WILL NOT BE LIABLE FOR DAMAGE WHICH COULD HAVE BEEN AVOIDED BY FOLLOWING MEGO’S ADVICE. MEGO WILL NOT BE LIABLE FOR YOU NOT FOLLOWING INSTALLATION INSTRUCTIONS OR HAVING THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
MEGO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE FOR CAUSES BEYOND MEGO’S CONTROL OR OTHER DAMAGE WHICH DOES NOT RESULT FROM A BREACH OF MEGO’S OBLIGATIONS.
MEGO WILL NOT BE RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO ANY LOSS OF CONTENT OR DATA THAT IS DUE TO YOUR EQUIPMENT, DEVICES, OPERATING SYSETM OR NETWORK CONNECTION (INCLUDING INTERNET CONNECTION), ANY FAILURE TO COMPLY WITH COMPATIBILITY REQUIREMENTS OR ANY CONSEQUENCES RELATED THERETO.
MEGO WILL NOT BE LIABLE FOR BUSINESS LOSSES BECAUSE MEGO’S PRODUCTS ARE SUPPLIED FOR DOMESTIC AND PRIVATE USE. THEREFORE, MEGO WILL NOT BE LIABLE FOR PRODUCTS FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE. THEREFORE, MEGO WILL NOT HAVE ANY LIABILITY FOR ANY BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, AND/OR LOSS OF BUSINESS.
IN NO CASE SHALL MEGO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE MEGO Services OR THE 2XL COBOT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MEGO SERVICE OR ANY 2XL COBOT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MEGO SERVICES, THE 2XL COBOT OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MEGO SERVICES OR THE 2XL COBOT, EVEN IF ADVISED OF THEIR POSSIBILITY. MEGO SHALL NOT BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT, SHALL MEGO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE MEGO SERVICES (OR PRODUCTS) ON WHICH THE CLAIM IS BASED. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY PRODUCT WARRANTY THAT IS PROVIDED BY THE COMPANY AS THE SELER OF A PHYSICAL PRODUCT.
13) SUBSCRIPTIONS / UNLIMITED FAMILY MEMBERSHIP
SUBSCRIPTIONS – When you purchase 2XL, you may utilize Mego’s websites or Parent App to purchase your subscription and setup your subscription account. The subscription purchase is charged or paid separately (unless you purchased 2XL with a one-year subscription included). The subscription purchase is a twelve (12) month commitment. If you purchase the subscription when you purchase your 2XL, you will be charged on a monthly basis starting from the date of purchase. This purchase will be referred to as the initial subscription. You will enter your billing information during a checkout process.
After the initial 12 month subscription has expired, you can purchase a renewal subscription. You will be contacted approximately one to two months before expiration of the initial subscription to purchase the renewal subscription. The initial subscription and the renewal subscription may be referred to as “subscriptions”, ”a subscription,” “the subscriptions,” “all subscriptions” or “both subscriptions”.
The initial subscription and the renewal subscription include access to our learning platform which provides unlimited cloud computing resources, regular updates of new content and features, NS key insights and tips for interacting with 2XL in the Parent App. The items that constitute our full learning platform are subject to change.
If you do not purchase the initial subscription, you will not be able to utilize the online Mego Services, such as automatic speech recognition.
All renewal subscriptions recur on a monthly basis until they are canceled in accordance with these Terms of Use. Billing occurs at the beginning of the subscription cycle and provides access for one month thereafter. By purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription. You may be given the opportunity to prepay for a period of one year or longer (“Prepaid Period”). At the conclusion of this “Prepaid Period,” unless you cancel prior to renewal, and to the extent permitted by applicable law, the subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price.
Account Registration. You may purchase a subscription on Mego’s websites. You may utilize the same information that you provided when purchasing 2XL. All payment information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information by your card issuer for Mego to receive payment from the card issuer. You solely are responsible for keeping such payment and billing information up-to-date and must provide changes promptly to your account payment details. Our use of this information is governed by our Privacy Policy.
YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OF YOUR CREDIT INFORMATION.
Cancellation of Subscription. If you terminate your subscription, you may use your subscription until the end of the then-current period in your subscription and your subscription will not be renewed after that period expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Suspension/Termination. Mego may immediately terminate or suspend your account, and all or a portion of your subscription, without notice if: (a) your payment is overdue or delinquent (and we have tried to contact you or made reasonable efforts to notify you of the overdue payment before we terminate or suspend the account); (b) you violate the Terms of Use, (c) you violate any laws or tariffs, including, but not limited to, intellectual property laws; (d) you provide misleading, fraudulent, false or inaccurate information; or (e) you engage in any abusive, harassing, threatening, or intimidating behavior to any other Mego users, Mego employees or agents.
If Mego terminates or suspends your subscription, your license to use any software or content provided in connection with the subscription is also terminated or suspended. If the subscription has been terminated, Mego reserves the right to immediately, or at its discretion, delete all data, files and other information stored in your account without further notice. After your subscription has been terminated or suspended, if you wish to resume your subscription, you may be charged a restoration fee. This fee is in addition to any subscription fee.
Amount to be Charged. Individual with subscriptions agree to pay the monthly fee specified when you purchased your subscription (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction.
Any agreement you have with your payment provider governs your use of your specified payment method. Your failure to terminate and/or continued use of your subscription reaffirms that we are authorized to charge you for that subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you if for some reason the card issuer does not make any payment.
Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your subscription, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your subscription(s) and/or to place a hold on your payment method with respect to any unpaid charges for your subscription(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms of Use shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you.
Third-Party Payment Processors. You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.
Bill Inquiries and Refunds. If you believe you have been billed in error for a subscription, please notify us within 60 days of the billing date by contacting customer support at [phone number] or emailing [email address]. After 60 days, Mego will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
14) UNSOLICITED COMMENTS
If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, without a request from us (collectively, “unsolicited comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Mego is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content from the Mego Services, that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your unsolicited comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your unsolicited comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any unsolicited comments. You are solely responsible for any unsolicited comments you make and their accuracy. We take no responsibility and assume no liability for any unsolicited comments posted by you or any third-party.
15) ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Mego Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mego Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Mego Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mego Services or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
17) INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mego and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including reasonable attorneys’ fees), made by any third-party that directly or indirectly, arise from or related to any claim, suit, action, demand or proceeding made or brought against Mego, or on account of the defense, settlement or investigation, thereof on account of a) your breach or anticipatory breach of these Terms of Use or the documents they incorporate by reference; b) your violation or anticipatory breach of any law or the rights of a third-party; c) information or material transmitted through your computing device, even if not submitted by you, that infringes or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; or d) any misrepresentation made by you (collectively “Claims”). You agree to cooperate as fully required by Mego in the defense of any Claims. Mego retains the right to unilaterally make decisions on settlements, compromise and payment of Claims and related losses. Mego reserves the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without the prior written consent of Mego, an officer thereof, and authorized Mego legal counsel.
18) SEVERABILITY
If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be illegal, invalid, void, unlawful unenforceable, the Parties hereby authorize the court to modify such provision to the minimum extent necessary to effectuate the Parties’ intentions and the remaining provisions shall be in full force and effect.
19) DISPUTE RESOLUTION
ANY DISPUTE THAT MAY OCCUR BETWEEN YOU AND MEGO, EXCEPT FOR A SMALL CLAIMS DISPUTE, MAY BE SUBJECT TO A CLASS ACTION WAIVER. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND MEGO IS SUBJECT TO THE PROCEDURE DESCRIBED BELOW WHICH INCLUDES BINDING ARBITRATION. PLEASE REIVEW THE AGREEMENT IN ITS ENTIRETY TO UNDERSTAND THE DISPUTE RESOLUTION AND ARBITRATION PROVISION BELOW. YOU ALSO CONSENT TO THE DISPUTE RESOLUTION PROCEDURE DESCRIBED BELOW FOR YOUR MINOR CHILD.
Procedure for Resolving Disputes
1) Try to Resolve Between Parties – If any claim or allegation or disagreement arises out of the Mego Services, the Content, Your Unsolicited Ideas, these Terms of Service or any additional terms (collective referred to as “Dispute” or “Disputes”), or to any of Mego Services, then you and Mego agree to send or transmit a written notice to the other party providing a description of the Dispute along with any proposed suggestions of how to resolve the dispute. If Mego is sending such notice, Mego will send the notice to the latest contact information that they have. If you have not provided Mego with contact information or the contact information is not correct, Mego has no obligation under this section. Any notice you send should be addressed to [__]. After such notice is received, Mego and you agree to negotiate and engage in dialogue to resolve the Dispute for a period of 60 days. There is requirement that either you or Mego to resolve this dispute on terms with respect to which you and Mego, in each party’s sole and reasonable discretion, are not comfortable.
2) Arbitration – If the Parties cannot resolve a dispute as set forth above with the 90 days of receipt of said notice, then either Party can submit the Dispute to formal arbitration as described in detail below.
When the applicable 60-day period has lapsed and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then Consumer Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of less than $ 200,000, then the arbitration will be heard and determined by a single arbitrator who is a lawyer with at least 20 years practicing as a member of the bar in the substantive practice area that is related to the Dispute or a retired judge. The arbitrator will administer the proceedings in accordance with the Consumer Arbitration Rules of the AAA. The arbitration costs will be split evenly between the Parties. If the Dispute is greater than $ 200,000, or if Mego elects in its sole discretion to bear the costs of arbitration in excess of those arbitrators before a single neutral arbitrator, then the arbitration shall be heard by a three member party, with one member selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Customer Arbitration Rules. The cost will be split evenly between the Parties. In either case, the arbitrator or arbitration panel, as the case may be will apply applicable law and the provisions of the Terms of Use and an additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue an award based on the determination. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Mego agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
The arbitrator(s) shall follow [__] law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator(s) shall have no authority to award such damages in such arbitration proceeding. In arbitration, as with a court, the arbitrator must honor the terms of this User Agreement (and any Additional Terms) and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator(s) will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in [__].
AAA procedures, rules and fee information are available at http://www.adr.gov.
LIMITED TIME TO FILE CLAIMS – TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH ABOVE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES, OR THE DISPUTE WILL BE FOREVER BARRED
Injunctive Relief. The provisions above do not apply to any legal action taken by Mego to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Mego Services, any Content, or Unsolicited Ideas and Materials and/or Mego’s intellectual property rights (including such Mego may claim that may be in dispute) and/or Mego’s operations.
Small Claims. Notwithstanding anything described above, either party may bring a qualifying claim or Dispute in small claims court.
No Class Action – Disputes will only be handled individually and will not be consolidate with any other proceedings and/or disputes that involve any claim or controversy of any other party. If however, a court of competent jurisdiction or any arbitrator holds this restriction to be unenforceable or unconscionable, then our provision requiring arbitration does not apply and the Dispute must be brought exclusively in the court pursuant to the provision below.
Federal and State Courts in [__]. Except to the extent that arbitration is required as described above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in [__]. Accordingly, you and Mego consent to the exclusive personal jurisdiction and venue of such courts for such matters.
20) TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Mego Services (or any part thereof). Any termination will not affect your obligations to Mego under this Terms of Use. Upon termination of any of the Mego Services, all rights granted to you under this Terms of Use will cease immediately, and you agree that you will immediately discontinue use of the Mego Services.
Mego reserves the right to investigate any breaches or suggested breaches of its Mego Services, or information technology or other systems or networks; investigate information obtained by Mego in reviewing law enforcement database or complying with criminal law; involve law enforcement authorities in any investigations of these matters. The provisions of the Terms of Use, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Mego in this User Terms of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, no class action, and dispute resolution.
21) LEGAL
Intellectual Property Notices, EULA, and Open Source Legal Notices are provided at [legal website].
22) EXPORT LAWS
You agree to abide by the export laws applicable in the U.S. as well as any other applicable export laws and You agree not to transfer any of the software or code in the Mego Services to any foreign national or national destination, which is prohibited by such laws.
You hereby certify that You are not a person with whom Mego is prohibited from transacting business under applicable laws. Furthermore, 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 that (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
23) ASSIGNMENT
The Terms of Use may not be assigned by you. Mego may assign this Terms of Use, including by operation of law or change of control. Any attempted assignment in violation of this Section shall be void. This Terms of Use shall be binding upon and shall inure to the benefit of the Parties hereto and their permitted successors and assigns. Other than permitted assignees hereof or hereunder, this Terms of Use does not create any right or benefit enforceable by any person not a party to it.
24) ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
25) GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Mego Services shall be governed by and construed in accordance with the laws of the State of [__].
26) NO WAIVER
Except as expressly set forth in this Terms of Use, 1) no failure or delay by Mego or you in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and 2) no waiver or modification of any term of this Terms of Use will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
27) SURVIVAL
Any provision of this Terms of Use which may reasonably and customarily be interpreted or construed as surviving the termination of the Terms of Use, shall survive such termination of this Terms of Use for any reason.
28) FORCE MAJEURE
If either Party is delayed or prevented in the performance of any of its obligations under this Agreement by a Force Majeure event that Party shall not be liable for such delay or non-performance and the time for performance of the affected obligation shall be extended by such period as is reasonable to enable that Party, using all reasonable endeavors, to perform that obligation. “Force Majeure” means an act of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, or any pandemic, including without limitation the pandemic known as Covid-19.
29) CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at [email address].
Last Updated: [date]
Verifiable Parental Consent
Mego provides products, services, and related offerings that are directed at children under the age of 16 (“Child” or “Children”).
Children’s privacy is important to us. We may collect or receive, the following personal information about your Child when they use our products and servIces:
We collect and use your Child’s Personal Information to provide and improve our product and services, including personalizing the experience of our products and services, and communicating information, enforcing parental controls, and giving vou visibility into how your child uses our products and services. In addition, we may use or disclose your Child’s Information to comply with legal obligations or for fraud prevention.
We will not sell your Child’s Personal Information.
We will not disclose your child’s personal information to any third parties without your consent.
We process your Child’s Personal Information in accordance with our Privacy Policy [LINK]. You can review your Child’s interactions with our Products and Services by navigating to the History calendar in our mobile application.
By clicking the “Confirm and Continue” button below you agree:
[“CONFIRM AND CONTINUE BUTTON”]