Effective as of October 8, 2021

IMPORTANT – READ CAREFULLY. THIS MATTERMOST TERMS OF USE AGREEMENT (“AGREEMENT”) SETS FORTH THE LEGAL TERMS AND CONDITIONS WHICH GOVERN YOUR USE OF THE MATTERMOST.COM WEBSITE AND ALL OTHER WEBSITES OWNED AND OPERATED BY MATTERMOST, INC. (THE “WEBSITE”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. WHEN YOU CLICK “I ACCEPT” WHEN DOWNLOADING ANY MATTERMOST PRODUCT MATERIALS FROM THE WEBSITE YOU ARE ALSO AGREEING THAT (1) YOU ARE AUTHORIZED TO ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT AND (2) YOU INTEND TO ENTER INTO AND TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU CLICK ON THE BOX LABELED “I ACCEPT”, YOU WILL BE GRANTED ACCESS TO THE PRODUCT MATERIALS, AND THIS AGREEMENT WILL BE EFFECTIVE IMMEDIATELY (THE “EFFECTIVE DATE”). THE WEBSITE IS ONLY AVAILABLE TO INDIVIDUALS WHO ARE AT LEAST 13 YEARS OLD. TERMS NOT OTHERWISE DEFINED IN THE TEXT OF THIS AGREEMENT SHALL HAVE THE MEANING ASCRIBED TO THEM AS OTHERWISE DEFINED ON THE WEBSITE.

1. Acceptable Use

By accessing and using the Website, you agree to abide by the terms and conditions of the Mattermost Acceptable Use Policy, which may be modified or updated from time to time.

2. Intellectual Property License and Ownership.

2.1 License. Mattermost grants to you a limited, non-transferable, non-sublicensable, revocable license to access and use the Website subject to the terms and conditions of this Agreement.

2.2 Ownership. All Mattermost or third-party intellectual property, and the accompanying right, title and interest in and to such intellectual property will remain solely with Mattermost and/or the third party, as applicable. Mattermost, mattermost.com, the Mattermost logo, and all other trademarks, service marks, graphics and logos located on the Website are trademarks or registered trademarks of Mattermost. Other trademarks, service marks, graphics and logos located on the Website may be the trademarks of other third parties. Your use of the Website does not transfer any ownership, rights, or title from Mattermost to you.

3. Copyright Infringement and DMCA Policy

As Mattermost asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on linked to the Website violates your copyright, you are encouraged to notify Mattermost in accordance with Mattermost’s Digital Millennium Copyright Act (“DMCA”) Policy. Mattermost will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mattermost may terminate access to and use of the Website if, under appropriate circumstances, it is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mattermost or others. In the case of such termination, Mattermost will have no obligation to provide a refund of any amounts previously paid to Mattermost.

4. Disclaimer of Warranties

THE MATTERMOST WEBSITE IS PROVIDED “AS IS.” MATTERMOST AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER MATTERMOST NOR ITS SUPPLIERS OR LICENSORS, MAKE ANY WARRANTY THAT THE MATTERMOST WEBSITE WILL BE ERROR FREE OR THAT ITS AVAILABILITY WILL BE CONTINUOUS OR UNINTERRUPTED.

5. Termination

Mattermost may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.

6. Limitation of Liability

IN NO EVENT WILL MATTERMOST, ITS AFFILIATES, SUPPLIERS, OR LICENSORS, BE LIABLE TO YOU WITH RESPECT TO YOUR ACCESS OR USE OR OF THE WEBSITE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY FOR ANY DAMAGES WHATSOEVER. MATTERMOST SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

7. Indemnification

You agree to indemnify and hold harmless Mattermost, its affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Mattermost Website, including but not limited to your violation of this Agreement.

8. Miscellaneous

This Agreement constitutes the entire agreement between Mattermost and you, concerning your access and use of the Website This Agreement will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the State and Federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

MATTERMOST ACCEPTABLE USE POLICY

Effective Date: October 8, 2021

This Acceptable Use Policy (“Policy”) governs your use of the Mattermost Website and the Product Materials and Services offered thereon and/or downloaded therefrom. We may modify the Policy by posting a revised version on the Website. By accessing and/or using the Website and/or any Mattermost Product Materials or Services, you agree to be bound by the most current version of this Policy. Capitalized terms used herein, but not defined in this Policy shall have the same meaning as set forth in the Mattermost Terms of Use.

You may not use, or facilitate or allow others to use, the Website or any Product Materials or Services:

For any unlawful or fraudulent activity;
To impede on or violate the rights of others;
To threaten, incite, promote, or encourage violence or terrorism;
For distribution of content or activity that is harmful to minors;
For distribution or facilitation of the sending of unsolicited mass messages, promotions, advertisements, or solicitations (“spam”);
To mine for a cryptocurrency or blockchain;
to violate the security or integrity of any computer, network or communications system;
To distribute harmful or offensive content that is defamatory, obscene, profane, abusive, an invasion of privacy or harassing;
In any way that would be harmful, overburdening of its resources or otherwise impair its functionality.

Reporting Violations of this Policy.

The safety and security of all of our users, and everyone in the community is of utmost importance to us. If you become aware of any violations of this Policy, you can submit a report to [email protected].

Investigation and Enforcement.

Mattermost may investigate any suspected violation of this Policy, and remove or disable access to any content or resource that violates this Policy. You agree to cooperate with us to remedy any suspected violation. Determinations of whether there has been a violation of this Policy will be made at Mattermost’s sole discretion.