Mariposa Terms of Service

Last updated: 8/25/2022
Welcome, and thank you for your interest in Mariposa Technologies, Inc. (“Mariposa,” “we,” “our,” or “us”). These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Mariposa governing your access to and use of the Mariposa website, mobile application, and the products and services provided by us (collectively, the “Services”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.
By entering into this Agreement, and/or by accessing or using the Services, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement applies to all visitors, users, and others who access or use the Services (“Users,” “you,” or “your”). Mariposa reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement, at any time, by posting changes to this page. Your continued access to or use of the Services after such posting confirms your consent to be bound by this Agreement, as amended. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.
1. Privacy Policy and Additional Terms

Our Privacy Policy explains how we collect, use, and share your information, and is hereby incorporated into this Agreement. You agree that your access to and use of the Services is governed by our Privacy Policy.

Your use of the Services is subject to all additional terms, policies, rules, or guidelines referenced in this Agreement or that we may post on or link from the Services (the “Additional Terms”). All Additional Terms are incorporated by reference into, and made a part of, this Agreement.

By ordering, purchasing, and/or using the Services, you acknowledge that you have all necessary rights and consents to provide any information related to any third party that you provide to us.

2. Eligibility
To use the Services you must be, and hereby represent that you are, an individual 13 years or older who can form legally binding contracts. Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are strictly prohibited from accessing or using the Services unless their parent has consented in accordance with applicable law. Additionally, you are prohibited from accessing or using the Services if you are barred from receiving certain services under applicable law or have previously been suspended or removed from the Services.
3. Accounts
To access and use the Services you must create an account (“Account”) by providing us with information such as your name, contact information, payment information, information about others you may invite to use the Services, and additional information we may ask you to provide. You must provide accurate, current, and complete information during the registration process and keep your Account information up-to-date at all times. You are responsible for all activity that occurs in association with your Account. Mariposa is not liable for any loss or damage caused by your failure to maintain the confidentiality of your Account credentials. Please contact us at the email below if you discover or suspect any security breach related to the Services or your Account.
4. User Content
You are solely responsible for the accuracy, content, and legality of all data and information you provide to Mariposa and/or transmit through the Services and (“User Content”). As between Mariposa and you, you own all User Content and you agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right (but not the obligation) to reject and/or remove any User Content that we believe, in our sole discretion, violates this Agreement. You hereby grant to Mariposa: (i) a nonexclusive, worldwide, fully paid, royalty-free, right and license to download, receive, collect, access, modify, copy, store, retain, and otherwise use User Content in order to provide and support the Services or otherwise upon your consent or direction, and to develop and improve the Services; and (ii) a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free right and license to collect, retain, store, use, modify, distribute, and disclose User Content in aggregated and anonymized form and any inferred insight relating to User Content for any purpose whatsoever, provided that any such disclosure does not identify you or any third party by name or description sufficient to identify you or such third party as the source or subject of such information, in whole or in part. You acknowledge and agree that User Content will be shared with other Users in your network in accordance with the access permissions determined by your network administrator and with our managed care partners as necessary for the provision of any services to you.
5. Restrictions
In addition to any other restrictions set forth in this Agreement, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Services; (ii) circumvent, disable, or otherwise interfere with security-related features on the Services; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services; (iv) access or use the Services in any manner that may damage, disable, unduly burden, or impair any part of the Services, or any servers or networks connected to the Services; (v) post information or interact with the Services in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Services for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Services; (viii) interfere or attempt to interfere with the Services provided to any User or network, including, without limitation, via means of submitting a virus to the Services, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Services, or copy or create any derivative work of the Services; or (x) use the Services in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy.
6. Limited License Grant
During the term of this Agreement and subject to the terms and conditions herein, you may access and use the Services solely for your personal, non-commercial use. Mariposa reserves the right in its sole discretion to determine whether any use of the Services by you or any third party is acceptable and to revoke your or any third party’s access to any aspect of the Services in the event Mariposa determines that such use is not consistent with Mariposa’s mission or otherwise not in the best interests of Mariposa, its customers, or users. Mariposa reserves all rights not expressly granted herein in the Services.
7. Services Availability

Mariposa makes no representations that the Services are appropriate or available for use in any location or geographical region. You access and use the Services at your own volition and are entirely responsible for compliance with all applicable laws, rules, and regulations in the applicable jurisdiction.

We may, without prior notice and at our sole discretion, change the Services, stop providing the Services or certain features of the Services, or create usage limits for the Services. Notwithstanding the foregoing, we will endeavor to take reasonable steps to notify you prior to discontinuing any features or making any other changes to the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. We will use reasonable efforts to provide support service for the Services in accordance with this Agreement. You may contact us at the email address below for support.

8. Services Features

As part of the Services, we may offer assistance related to your care-giving needs and inquiries. Such assistance does not constitute medical or other professional advice and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Additionally, any content concerning or related to physical or mental health that you may find through the Services from other Users may not be appropriate or relevant to your personal situation. Any content you access or use through the Services is not intended to be used to diagnose, treat, cure, or prevent any medical conditions and is not a substitute for consulting with your own healthcare professionals. If you have any concerns or questions about your physical or mental health, you should consult your own healthcare professionals. Reliance on any information provided through the Services is solely at your own risk.

You may also have access to certain applications, features, and services provided by third parties through the Services, such as Amazon marketplace, shared calendars, connected devices, and our managed care partners (“Third-Party Services”). Your use of any Third-Party Services is subject to this Agreement and to any third-party terms applicable to such Third-Party Services. If you do not accept the applicable third-party terms, do not use such Third-Party Services. When using Third-Party Services, you are responsible for any information you provide or allow us to provide to such third party. Mariposa has no responsibility or liability for any Third-Party Services. Providers of Third-Party Services may change or discontinue the functionality or features of their Third-Party Services. Any data or information you allow Mariposa to access from a Third-Party Service is deemed User Content for purposes of this Agreement.

9. Payment
The Mariposa mobile application is free to download and use. Fees may be assessed or change from time to time. If we add or change fees, we will give you reasonable notice. If fees do change, your continued use of the Services after the change indicates your agreement with the new fees after the effective date of the change. Any change to fees will only apply to the next billing cycle. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
10. Ownership and Proprietary Rights

Except for User Content and Third-Party Services, all data, text, images, logos, software, content, and other information and content available on or through the Services (“Mariposa Material”), are the property of Mariposa. The Mariposa Material is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title, and interest in and to the Mariposa Material. Except as expressly stated in this Agreement, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, transmit, or use any Mariposa Material, in whole or in part, by any means.

You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Services (“Feedback”) will be the sole and exclusive property of Mariposa and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback. Any data that we generate from your usage of the Services will be owned by Mariposa and handled subject to the terms of our Privacy Policy, as applicable.

11. Termination
Upon termination of the Services, we will delete your Account and User Content. To cancel the Services, please contact us at the email address below.
12. Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARIPOSA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MARIPOSA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V)THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

MARIPOSA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MARIPOSA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

MARIPOSA EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO THE CONTENT OR ADVICE YOU ACCESS THROUGH THE SERVICES, OR ARISING OUT OF OR BASED UPON ANY THIRD PARTY’S DATA COLLECTION AND USE PRACTICES. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, MARIPOSA SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR ANY OTHER INJURY OR DAMAGE SUFFERED BY ANY USER HEREUNDER.

If you live in a state that do not allow for the disclaimer of certain warranties, the disclaimers above may not apply to you.

13. Indemnity
You agree to defend, indemnify, and hold Mariposa and its officers, directors, employees, agents, and affiliates (the “Mariposa Entities”) harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to: (i) your access to or use of the Services or any Third-Party Services; (ii) your violation of any portion of this Agreement or any applicable law, rule, or regulation; or (iii) your violation of any third-party right.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MARIPOSA ENTITIES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF MARIPOSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE MARIPOSA ENTITIES AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICES FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO FIFTY DOLLARS ($50). IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
15. Alerts and Notifications
By entering into this Agreement or using the Services, you agree to receive communications from us, including e-mails, text messages, alerts, and other electronic communications. Standard message and data rates apply to all messages sent to or received from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
16. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration. Except as expressly set forth herein, any dispute, claim, or controversy (each, a “Claim”) arising out of or relating to this Agreement will be settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Consumer Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to any Claim that all or any part of this Agreement is void or voidable. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act, 9 U.S.C. § 1, et seq. shall exclusively govern the interpretation and enforcement of any arbitration. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

You and Mariposa each acknowledge and agree to waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Mariposa each retain the right to bring an individual action in small claims court or the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright, trademark, trade secret, patent, or other intellectual property right. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

In addition to the severability provisions set forth above, in the event that any portion of this arbitration provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of this section shall be given full force and effect. Any Claim or cause of action you may have arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

17. General
Except as provided in Section 16 above, this Agreement is governed by the laws of the State of California, without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating any dispute. You may not assign or transfer this Agreement or your rights herein, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent. If any portion of this Agreement is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of this Agreement. No waiver by Mariposa of any breach or default of this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement represents the complete agreement between Mariposa and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between Mariposa and you.
18. Contact
Please contact us with any questions regarding this Agreement, for support, or to cancel the Services at [email protected].