Published and Effective as of October 17, 2022
THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER) BELOW GOVERN THE RESOLUTION OF DISPUTES. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER IN THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES.
Please read these Terms of Service (together with our Privacy Policy, the “Terms of Service”) fully and carefully before using www.trymartini.com (the “Site”), any mobile applications provided by Martini Technology LLC (the “Applications”) and the storyboarding services, features, content or applications offered by Martini Technology LLC (“Martini,” “we,” “us,” or “our”) (together with the Site and the Applications, the “Services”).
Your right to use the Services is expressly conditioned on your acceptance of these Terms of Service. By clicking on the “Accept” button and using the Services, you unconditionally agree to be bound by these Terms of Service. If you do not agree with any provision of these Terms of Service, please click “Cancel” and do not access or use the Services.
By registering for and/or using the Services in any manner—including but not limited to visiting or browsing the Site, downloading the Applications, or interacting with any part of the Services—you agree to these Terms of Service and all other operating rules, policies, and procedures that we may publish from time to time on the Site, each of which is incorporated by reference and may be updated without notice to you.
Certain features or add-on services may be subject to additional terms and conditions specified by us; your use of such features or services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by reference.
These Terms of Service apply to all users of the Services, including without limitation users who are content contributors, collaborators, registered or otherwise.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances, use the Services. We may refuse to offer the Services to any person or entity at our sole discretion and change our eligibility criteria at any time.
You are responsible for ensuring compliance with all laws, rules, and regulations applicable to you. Your right to access the Services is revoked where these Terms of Service, or your use of the Services, is prohibited or conflicts with any applicable law, rule, or regulation.
The Services are offered for your personal or business use only and not for the use or benefit of any unauthorized third party.
To sign up for the Services, you must register for an account (each, an “Account”). When you create an Account, you may create one or more Projects (each, a “Project”) and invite other collaborators (each, a “Team Member” or “Collaborator”) to access and work on those specific Projects.
You must provide accurate and complete information and keep your Account information updated. You shall not:
You are solely responsible for all activity under your Account and for maintaining the confidentiality of your Account credentials. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never share your login information, and you may not use another person’s Account without permission.
You may delete your Account at any time via your Account settings or by contacting us at hello@trymartini.com.
“Content” means all materials available on or through the Services, including but not limited to storyboards, images, text, data, graphics, User Content (as defined below), and interactive features.
All Content added, created, uploaded, submitted, or posted to the Services by users (“User Content”) is the sole responsibility of the person who originated it. You represent that all User Content you submit is accurate, complete, up-to-date, and compliant with applicable laws and regulations.
Content provided by us, our partners, or other users is protected by intellectual property and other laws. You shall abide by all notices and restrictions accompanying any Content accessed through the Services.
Subject to your compliance with these Terms of Service, you may access and use the Services and Content as intended by us. Any other use—including reproduction, distribution, modification, or commercial exploitation—requires our prior written permission.
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, adapt, display, and cache your User Content solely to provide and improve the Services. This license terminates upon deletion of the corresponding User Content.
Projects are private by default. To display a Project’s storyboards live, you must share a unique Project code and PIN with others, who will then have access to view that Project. Team Members and Collaborators may have rights to view, edit, and download Project Content as granted by you.
User Content remains available until you delete it or your Account is terminated. Deleted Content will be removed in accordance with our data retention policies.
As a condition of use, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service. You shall not upload, post, or transmit any Content that:
You further agree not to:
You retain all rights in your User Content. We do not claim ownership of any User Content you submit.
We (and our licensors) exclusively own all rights, title, and interest in and to the Services, including all intellectual property rights therein. Except for the licenses expressly granted herein, no other rights are granted.
We currently do not charge for standard access to the Services. In the future, we may offer paid features or services (“Paid Services”). Any payment terms presented during sign-up or use of Paid Services will form part of these Terms of Service.
We use Stripe as our third-party payment processor. Your use of Paid Services will be governed by Stripe’s terms and policies, in addition to these Terms of Service. By providing payment information, you authorize us and Stripe to charge your chosen payment method for the fees associated with Paid Services.
You are responsible for all applicable taxes and fees. If your payment method fails, we may suspend access to Paid Services until payment is made.
We may terminate or suspend your access to all or any part of the Services at any time, with or without cause or notice. You may terminate your Account at any time via your Account settings or by contacting us.
Upon termination, your right to use the Services immediately ceases. Any fees paid are non-refundable. Sections that by their nature should survive termination will survive, including ownership, disclaimers, indemnification, and limitation of liability.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You shall defend, indemnify, and hold harmless Martini Technology LLC, our affiliates, and each of our and their officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your User Content, or your violation of these Terms of Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARTINI TECHNOLOGY LLC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES.
If you reside in the United States, these Terms of Service are governed by the laws of the State of California, without regard to its conflict of law rules. If you reside outside the United States, these Terms of Service are governed by the laws of Ireland.
If you have a dispute with us, you agree to first contact us at hello@trymartini.com and attempt to resolve the dispute informally.
If the dispute is not resolved within 60 days, you and Martini agree to resolve any Claim through final and binding arbitration under the rules of JAMS (Americas), SIAC (Asia Pacific), or LCIA (other), as applicable. The arbitrator, not a court, will decide issues of arbitrability.
You may only resolve disputes on an individual basis and may not join or bring a class action.
You may opt out of arbitration within 30 days of first using the Services by sending written notice to hello@trymartini.com.
Either party may seek injunctive relief in court and small claims disputes may be filed in small claims court.
We reserve the right to modify these Terms of Service or the Services at any time by posting revised Terms on the Site or notifying you via email or the Services. It is your responsibility to review these Terms periodically. Your continued use of the Services after changes constitute acceptance of the revised Terms.
Martini Technology LLC
4218 Ventura Canyon Ave
Sherman Oaks, CA 91423
Email: hello@trymartini.com