Terms of Service

These terms and conditions create a legally binding contract between you and mismatch.io (“Us”, “Mismatch”, “mismatch.io”) (the “Agreement”, “Terms of Service”). Please read the Agreement carefully. You confirm your agreement to the Agreement by using the Services (the services include mTools.

The Agreement also covers your use of mTools (“mTools”), an Add-on for Google Docs developed by Mismatch. Google Docs is subject to a seperate terms of service available here. Mismatch is not affiliated or related in any way to Google, Inc., the service provider of Google Docs.

The Agreement may change at our discretion, with or without notice to you. You must continually check the terms of service to ensure that you are reading the latest version. Continued use of our Services signals full agreement to the most current Agreement.

A. INTRODUCTION TO OUR SERVICES

This Agreement governs your use of mismatch.io’s services (“Services”), through which you can use for free with an account (“Account”), and other content. Your legal age must be equal to or above the age of thirteen “13” in your current county, country, state or other governing body to use the Services.

B. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

MISMATCH.IO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MISMATCH MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY MISMATCH.IO) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL MISMATCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, 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 ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, MISMATCH’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

MISMATCH DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE MISMATCH FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.

MISMATCH IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION.

C. WAIVER AND INDEMNITY

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD MISMATCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY MISMATCH AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM MISMATCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MISMATCH’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

D. PLAUSIBLE MODIFICATION OF DOWNLOADED ASSETS

Every page, file, image, or other item (“Asset”) browsed may be logged. All logs are kept encrypted by mismatch.io and are inaccessible by the public without a court order or warrant. Any resource (such as web pages, images, files) downloaded, viewed or read by your computer through Mismatch may be modified. 

E. TERMS FOR MTOOLS ONLY

The section of the agreement (E. TERMS FOR MTOOLS ONLY) applies only to your use of mTools. mTools is developed, owned wholly, and copyrighted by Mismatch.

MTOOLS ALLOWS VIEWING, DOWNLOADING AND ACCESSING ASSETS FROM THE INTERNET. MISMATCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HAVE NO CONTROL OVER WHAT IS AVAILABLE ON THE INTERNET. MTOOLS ALSO ALLOWS SEARCHING FROM YOUTUBE.COM, A WHOLLY OWNED SUBSIDIARY OF GOOGLE, INC. MTOOLS USES THE OFFICIAL YOUTUBE API TO DISPLAY SEARCH RESULTS.

THE RESTRICTED MODE SETTING (THAT MAY BE APPLIED BY YOUR ADMINISTRATOR, IT DEPARTMENT OR OTHER ENTITY) ON YOUTUBE THAT AFFECTS WHAT SEARCH RESULTS AND VIDEOS ARE VIEWABLE ON YOUR NETWORK, COMPUTER OR CONNECTED DEVICE DOES NOT APPLY TO VIDEOS VIEWED OR SEARCHED FOR USING MTOOLS. YOU ASSUME ALL RESPONSIBILITY FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF MTOOLS. MTOOLS ALSO ALLOWS THE VIEWING OF YOUTUBE VIDEOS THROUGH A SEPERATE SERVICE THAN YOUTUBE. BY WATCHING ANY VIDEOS THROUGH MTOOLS YOU AGREE TO THE SEPERATE SERVICE’S TERMS AND CONDITIONS AND PRIVACY POLICY.

ONCE MTOOLS IS INSTALLED ON YOUR GOOGLE ACCOUNT, IT WILL REQUEST PERMISSIONS TO CONNECT TO AN EXTERNAL SERVICE, VIEW YOUTUBE DATA FROM YOUR ACCOUNT AND VIEW AND MANAGE YOUR DOCUMENTS ON GOOGLE DRIVE. MISMATCH DOES NOT HOLD ANY LIABILITY FOR ANY DOCUMENTS OR DATA DESTROYED BY MTOOLS, YOUTUBE OR THE EXTERNAL SERVICE. 

THE ENTIRETY OF THIS DOCUMENT, THE AGREEMENT, APPLIES TO MISMATCH AND MTOOLS. THIS SECTION OF THE AGREEMENT (E. TERMS FOR MTOOLS ONLY) APPLIES TO YOUR USE OF MTOOLS. YOUR USE OF MTOOLS IS SUBJECT TO THE ENTIRE AGREEMENT. BY INSTALLING, GRANTING MTOOLS PERMISSIONS TO ACCESS YOUR GOOGLE ACCOUNT, OR USING MTOOLS IN ANY WAY, SENSE, OR FORM DENOTES YOUR AGREEMENT TO THE AGREEMENT.

F. MONETARY VALUE OF SERVICES

Mismatch is provided free of charge to select users. If you are charged for any use of Mismatch, please contact [email protected].

mTools is currently in a closed beta (software development version only available to certain people). Once the release (public availablity) of mTools occurs, it will be provided free of charge. If mTools is currently in it’s Public Availability (release) stage and you are charged for it, please contact [email protected].

Last revision: 10/16/2017 (mm/dd/yyyy)