Terms of Use

These Terms of Use (“Terms”) set forth the legally binding terms and conditions between You and Mosaic Desktop, Inc. (the “Company” or “We” or “Us”) for your use of our websites (www.mosaic.it) and any applications, services, and tools available thereon (collectively, the “Services”). We may amend the Terms at any time by posting the amended terms of the Services and You can review the most current version of these Terms at any time. BY ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, please do not access or use the Services.

You may acquire additional products, services and/or content from the Company and We may require that you agree to a separate agreement as a condition of your use and/or purchase. If your use of any Services includes an end user license agreement or other written agreement between the Company and You, such terms shall control.

Beta Services

The Services are part of a limited beta and evaluation basis. From time to time, Mosaic may also make other services, features or functionality available that are designated by Mosaic as a beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description (the “Beta Services”). These terms for Beta Services are incorporated into, and form part of, the Mosaic Terms applicable to your access to and use of the Beta Services.

Subject to these Terms, we grant you a limited right to access and use the Beta Services solely for evaluation purposes in accordance with the terms herein. This license automatically terminates upon your breach of any of these terms. We also reserve the right to modify the Beta Services or terminate for any reason, without liability.

You acknowledge and agree that the Beta Services are not at the level of performance or compatibility of a final, generally available product offering, and may be substantially modified prior to commercial availability, or withdrawn. The Beta Services may not be fully functional, may contain bugs and errors and may have reduced or different security, privacy, accessibility and reliability standards relative to commercial offerings. You may use the Beta Services only at your own risk, understanding they are not intended for use and should not be used for commercial or business-critical applications. We provide no assurance that any specific errors or performance issues in the Beta Services will be corrected.

THE BETA SERVICES ARE PRELIMINARY IN NATURE AND MAY NOT ALWAYS WORK AS WE INTEND AND USER ACKNOWLEDGES AND AGREES THAT THE BETA SERVICES ARE PROVIDED “AS-IS” IN ALL RESPECTS INCLUDING PERFORMANCE, SPEED, FUNCTIONALITY, ACCURACY, SUPPORT, AND AVAILABILITY.

Privacy

Information that is collected during your use of the Services is subject to the Company Privacy Notice, which is incorporated herein by reference.

Access

You must be at least 18 years of age, and, where law requires an older legal age, of legal age for contractual consent or older to use the Services.

If You have entered into this Agreement on behalf of a company or other entity, You represent that You are authorized to enter into this Agreement on behalf of that entity, and You expressly represent that the entity agrees to be bound by this Agreement. If You have entered into this Agreement on an individual basis, You represent that You are the age of legal majority or older in Your jurisdiction (e.g., aged 18 and over) and have the legal capacity to enter into and be bound by this Agreement.

Registration and Account Information

Some Services may require You to register and create an account to access the Services (or some portion of them) for Your own use only (i.e., individual or entity). By registering and creating an account to access the Services (or some portion of them), You agree to be bound to this Agreement. You must provide Us with accurate, complete, and up-to-date account information, including maintaining accurate and up-to-date email addresses for billing and other purposes.

You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account or this Agreement to any other person or entity. You also understand that You are responsible to keep Your account information secure and not disclose Your account credentials to anyone. You alone remain solely responsible for all activities that occur under Your account. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use. We reserve the right to limit the number of users and/or usage or data volume.

Fees and Payment

If and to the extent any portion of the Services may require a fee payment or incremental payment or subscription, You agree to pay Us any applicable fees posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Us (and our service provider for credit card processing) to charge the fees to the account you identify. You must keep all billing information, including payment method, up to date.

You agree to pay Us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. Further, You authorize and direct Us to retain information about the payment method(s) associated with your account. If we do not receive payment from Your designated payment method or any other payment method on file, You agree to pay all amounts due upon demand by Us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us.

During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using Your account. After 30 days from the date of any unpaid charges, Your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. You are liable for any fees, including attorney and collection fees, incurred by Us in our efforts to collect any remaining balances from You.

Except as otherwise mutually agreed in writing, We reserve the right to change Our fees or level of service on new purchases or on the renewal of any subscription. Any overage use above the licensed amounts shall be charged when or after it occurs. Unless otherwise stated in this Agreement, payments will be in United States dollars.

Updates or Changes to the Services

We may from time-to-time update, improve, enhance, conduct testing, and further develop the Services (for example, in the form of bug fixes, enhancements, security patches, new software modules, or new versions). You understand that these improvements, enhancements, or tests may impact Your experience. In addition, We may add or remove functionalities or features of the Platform or the Services at any time, and We may modify, suspend, restrict, terminate, or stop the Platform or the Services (or any portion of them) at any time. We may also suspend, restrict, delete, or remove access to the Platform or the Services (or any portion of them) or Your account at any time.

Notifications and Messages from the Platform or the Services

We may from time-to-time send You notifications or messages regarding the Services. By using the Services, You consent to receive these messages from us, Our affiliates, or Our providers.

Changes to this Agreement

We may modify or update this Agreement. If We modify or update this Agreement, We will post the revised version of the Agreement. In addition, We may elect to notify You via email and/or through the Services. By continuing to use the Services after those modifications or updates, You agree to be bound by the revised Agreement.

Generative AI

The Services allow You to input and submit information (“Input”) into the Services, and the Services will generate responses (“Output”). Input and Output are collectively, “Content”. User acknowledges that due to the nature of generative artificial intelligence tools, Output may be incorrect, not current, or not unique. We encourage You to remain vigilant to evaluate whether Outputs are appropriate, including where human review is appropriate, before using or sharing Output.

By submitting any Input through the Services, You represent and warrant that You have the right to the Content to submit in connection with its use of the Services and use of the Content by the Services will not breach any law or any third party’s rights.

In using the Services, User agrees to utilize good judgment and, among other behaviors, shall not:

• submit Input that contains Content that is unlawful, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically discriminatory.
• submit Input or request any Output that violates, encourages the violation of, or offers guidance on violating any applicable law or regulations.
• pretend to be someone or something else, or provide information that does not belong to You.
• utilize the Services to generate illegal or obscene content (as determined solely by Mosaic) or employ the Services (or any aspect thereof or the technology within) in a way that infringes upon, wrongfully appropriates, or otherwise breaches the intellectual property rights or any other rights of individuals, or contravenes any applicable laws.
• use any other part of the Service to train any other artificial intelligence products or services.

For the abundance of clarity, any restriction(s) or limitation(s) herein regarding how You or Users may use the Services, are not intended to be limitations on Our rights with respect to the Services or how We may use or distribute them.

Electronic Communications

When you visit the Site, use our Services, or send e-mails to us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property; Trademarks

As between the parties, Mosaic or its licensors retain all right title and interest, including all intellectual property rights, in and to the Services and any and all improvements, modifications or enhancements thereto, as well as all related software programs, data, documentation, specifications, descriptions, algorithms, models, methods, processes, techniques and know-how (the “Mosaic Property”). As between the parties, the User retains all intellectual property rights in and to all Content. We own and retain all rights to any data we collect from or about your use of the Services, subject to our privacy policy.

“Company Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations the Company uses in connection with its products and services. You shall not copy, display or use any Company Trademarks, without the Company’s prior written consent. You are not permitted to incorporate any Company Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, nor shall you co-brand your own products or material with Company Trademarks. You acknowledge the Company’s rights in the Company Trademarks and agree that any use of the Company Trademarks by you shall inure to the Company’s sole benefit.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you any license to any Company or third-party intellectual property rights, whether by estoppel, implication, or otherwise.

You acknowledge and agree that Mosaic may discontinue making the Services, and/or any particular portion or feature of the Service, available at any time in its sole discretion.

Restrictions on Access and Use

You agree to use the Services consistent with this Agreement and all applicable laws and regulations. You and all Users (including any person or technology accessing the Services) agree that they shall NOT:

• access or scrape the Services or cache and archive the Content by any automated means unless You are a search engine crawling the Services for the sole purpose of creating a publicly accessible search index, which includes a link or other attribution back to these Services or the Content owner, as applicable.
• copy, modify, create derivative works from or distribute any Services or use the Services for any purpose not explicitly authorized.
• modify, decompile, or reverse engineer any code related to the Services, or disrupt, interfere with, or bypass the security or any technical protections on the Services; or attempt to derive the source code of the underlying ideas, algorithms, structure or organization from the Services, except to the extent required by law.
• link to the Services using any HTML techniques that display the Services within a frame, partial window, popup, pop-under, or any other non-standard linking method, or redistribute content from the Services.
• upload or transmit anything that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment related to the Services.
• use the Services by or on behalf of any party or person other than Yourself or the entity for which You are authorized.
• take any action that imposes an unreasonable or disproportionately large load on Our network or infrastructure.
• do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.
• access (or attempt to access) the Services or any Content therein through any automated means (including without limitation via use of any script or web crawler, page-scrape, spider, robot, index, data mining, agent or other automatic device, program, algorithm or other similar data gathering or extraction tools) including without limitation, to use, access, copy, or acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website or redistribute any content or to train any other artificial intelligence products or services.
• make improper use of Our support team or submit false reports of abuse or misconduct.
• use the Services in a manner inconsistent with any applicable laws or regulations.
• access, use, study or benchmark the Services to create or improve a competing product or service.
• do anything that smacks of bad online citizenship or is illegal, such as misappropriate content, or hack into Our systems, or otherwise causes harm to the Services.
• authorize, assist, or enable a third party to: (a) copy, distribute, rent, lease, lend, sublicense, transfer or make the Services available to any third party; (b) attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services; (c) modify, remove, or obscure any proprietary notices or legends that appear on the Services or during the use and operation thereof; (d) sell, assign, license, disclose, or otherwise transfer or make available the Services, any copies of the Services, or any information derived from the Services in any form to any third parties; (e) remove or alter any proprietary notices or marks on the Services; or (f) access, use, study or benchmark the Services in any way to compete with us or to build or improve a competing product or service.

This Agreement does not grant you or any other party any right, title, or interest in the Services, or in our trademarks, logos, and other intellectual property. We reserve all rights not expressly granted to you.

Company has no obligation to monitor the Services. However, you acknowledge and agree that Company has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.

Disclaimer of Warranties and Limitation of Liability

THIS SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SERVICES AND THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

If you are not completely satisfied with the Services, your sole remedy is to cease using the Services.

IN NO EVENT WHATSOEVER SHALL THE COMPANY OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOSAIC’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $100.00.

If we breach this Agreement, you agree that your exclusive remedy is to recover, from us or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Services fee for one month (or up to USD$100.00 if the Services are free). YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these Terms such as, without limitation, loss of content; any virus affecting your use of the Services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn’t allow the exclusion or limitation of incidental, consequential, or other damages.

We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.

Copyright Complaints and Take Downs — Rights under the DMCA

If you believe that your intellectual property rights have been infringed anywhere in relation to the Services, or your rights have otherwise been violated, please send notice to the address below. We may delete or disable Content alleged to be infringing and may terminate accounts of repeat infringers.

If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) under this section.

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.

Submissions and Feedback

We do not accept submissions of business plans or ideas through this Services. You may provide suggestions, comments, or other feedback with respect to the Services, including ideas for modifications and enhancements (the “Feedback”). You assign to us all rights, title and interest in and to the Feedback. Mosaic may use your Feedback for any purpose without any obligation or compensation to User.

Indemnification

You agree to indemnify and hold the Company and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand made and all associated costs, damages and liabilities, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your violation of any terms or conditions of these Terms, your violation of applicable laws, or your violation of the rights of any other person or entity.

Choice of Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. You agree that the exclusive venue for all litigation regarding or arising out of these Terms shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation.

Excluding claims for equitable relief, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.

Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class actions or collective arbitrations even if the arbitration procedures or rules would. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Time Limitation on Claims

You agree that any claim You may have arising out of or relating to this Agreement or Your relationship with Us must be filed within one (1) year after the purported claim arose. Otherwise, Your claim will be permanently barred as untimely.

Our Right of Assignment or Delegation

You may not assign or transfer this Agreement, by operation of law or otherwise, without Our prior written consent. We may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Force Majeure

We will not be in breach of this Agreement nor liable for any failure or delay in performance of any obligations under this Agreement (and, if applicable, the date for performance of the obligations affected will be extended accordingly) as a result of any event outside Our reasonable control affecting Our ability to perform any of Our obligations under this Agreement, including without limitation an act of God, fire, flood, lightning, pandemic, compliance with any law or governmental order, rule, regulation or direction (including sanctions), war, revolution, act of terrorism, riot or civil commotion, strikes, lock outs and industrial action, failure of supplies of power, fuel, communication, transport, equipment, raw materials, or other goods or services.

Miscellaneous

If one or more portions of these Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. No delay or failure in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. Our suppliers and licensors are third party beneficiaries of the terms hereof. To the extent of any direct conflict or inconsistency between the provisions in these Terms and any executed agreement between the Company and the User, that agreement shall control (but otherwise are supplemented by these Terms).

The Services are operated by the Company in the United States. Mosaic Desktop, Inc., 130 W. Union St., Pasadena, CA 91103. We make no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to this Agreement. Access to the Services is expressly prohibited from territories where this site or any portion thereof is illegal. You agree not to access or use any information or materials on the Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Services. Any personal information which we may collect via the Services may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.

Also see our Privacy Notice.