Welcome to Metacollector.io! Metacollector is an asset management, inventory, and collectibles system for homes, individuals, collectors, and anyone else who wants to better organize their data about their belongings in Metacollector. Metacollector.io offers an application that includes versions or parts of it that are available in browser and all or part of it collectively known herein as the "Application" branded "Metacollector.io" (with variations in name for different versions), which allows application users to enter, track, search, and view data about items (also known as "items"), images, documents, and others so that they can be more organized. The functionality and capabilities of the application are collectively referred to as the "Service." These Terms of Service govern the use of the Metacollector application from any device. The Application and the Service are owned by Metacollector.io, an American corporation.
You represent and warrant that you are authorized to use the Application and the Service. You also represent and warrant that all your registration, account, and payment information is true, accurate, and complete at all times. You accept full responsibility for maintaining the security of your password. Any activity, action, or security issue that Metacollector deems to violate these warranties may result in immediate review or suspension of your account, without any refund, if applicable.
To use the Service, the user must be at least 16 years old or of legal age as defined in their jurisdiction. This requirement is to protect minors from entering into legal contracts and to ensure they have sufficient maturity to understand and accept the binding terms of use. Additionally, compliance with this policy ensures that the Service operates within the limits set by international privacy and data protection regulations, such as the General Data Protection Regulation (GDPR) in the European Union and the Children’s Online Privacy Protection Act (COPPA) in the United States.
You must create an account and have a valid and unique email address to use the Service. You acknowledge that Metacollector will use the email address you provide when opening an Account or that you periodically update as the primary method to communicate with you, hereinafter referred to as the "Primary Email Address." You must monitor the Primary Email Address you provide to Metacollector, and your Primary Email Address must be able to send and receive messages. Your email communications with Metacollector can only be authenticated if they come from your Primary Email Address. You accept full responsibility for maintaining the security of your password. Any activity, action, or security issue that Metacollector deems to violate these warranties may result in immediate review or suspension of your account, without any refund, if applicable.
You acknowledge and agree that you may only access and use the Application and the Service for lawful purposes and in accordance with the usage or account restrictions defined in these Terms.
Metacollector reserves the right to update, modify, or replace its Privacy Policy and Terms of Service at any time and without prior notice. Updated versions will be considered effective and applicable from the moment of their publication on the official Metacollector website, and it is the user's responsibility to review them periodically to stay informed about possible changes. By continuing to use Metacollector services after the update, the user agrees and commits to comply with the revised terms. In case of discrepancy, the most recently published version on the website will prevail over any previous version. If you do not agree with the changes or modifications to these Terms, your sole remedy is to stop using the Service.
You agree that your use of the Application and/or the Service signifies acknowledgment and acceptance of the Privacy Policy found at Metacollector.com/privacy-policy. If you are a resident of any country outside the United States, you understand and agree that we will store and process your personal information on computers located in the United States, and by providing us with any information or Content, you consent to the transfer of such information to the United States.
You register for an Account with us using a personal email address or a non-personal or business email address provided by an organization other than your own. This is important to understand as our relationship with the service user is through this email address. Therefore, if you unsubscribe from this organization and no longer have access to this email address, then this other organization will have the right to cancel your access to this data, reset your password, view the data, and do anything they wish with your access to the Service, including deleting any or all data. Therefore, do not register for an account without understanding that your email address is the only method we use to confirm who you are and whether you want to change, delete, or modify data or access the account.
If you are the primary contact and/or administrator of your organization’s relationship with Metacollector, you acknowledge and agree that all users you authorize to access Metacollector on behalf of your organization have reviewed and will comply with all terms and conditions set forth herein.
The application allows you to add/create/publish/view data (hereinafter "Data" or "Content") using the Service and may allow you to share this content with others (family, friends, employees, clients, or others). You may or may publish text, videos, documents, comments, suggestions, ideas, reviews, information, and/or other content within the Service, the Application, and the website as long as such Content is not illegal, obscene, threatening, defamatory, invades privacy, infringes intellectual property rights, or harms others or contains any form of "spam." If this information is made publicly available within the Service for others, we reserve the right to remove or edit any Content for any reason. We assume no responsibility for any Content posted by you or viewed by you from a third party.
The information, Data, and Content you add to the Service are stored on your local phone/device, computer, and we also transmit this Data over the Internet to computers and servers used to back up, synchronize various devices, and share your Data with authorized parties to access this Content. Therefore, to provide you with our Service, you grant us the right to store, transmit your Content to our computers, and send you this Content for you to use the Service, which additionally means you grant us a non-exclusive, royalty-free, worldwide, perpetual, and fully transferable license to use, store, reproduce, translate, adapt (so we can properly present your Content), distribute, and display your Content to provide you the Service. At any time, you may delete your Content from the Metacollector Service or delete your account. When you delete Content or opt out of your account, we remove all your Content from the Metacollector Service; however, it may remain in backups, and you grant us the right to retain this data in our backups; however, backups do not mean that this data is recoverable for you.
1. Exclusive Use for Legal Purposes: The user must use the Service solely for activities that comply with all applicable laws, regulations, and rules. This includes avoiding any action that may be deemed fraudulent, illegal, or against public order. For example, the Service may not be used to distribute illegal content, incite hatred, commit fraud, or engage in any other activity prohibited by local or international law.
2. Prohibition of Reverse Engineering: Users may not attempt to disassemble, decompile, decrypt, or analyze the source code of the Service for the purpose of copying, replicating, or altering its functionality. This unauthorized practice violates intellectual property rights and jeopardizes the security and reliability of the Service.
3. Restriction of Harmful or Offensive Content: It is strictly prohibited to use the Service to transmit content that is malicious, defamatory, offensive, obscene, or that violates the rights of other users. This includes any material that may be considered a cyberattack, such as spreading viruses or malware, and content that promotes discrimination or abuse.
4. Avoiding Overloading Infrastructure: The user must refrain from taking actions that affect the normal operation of the Service, such as generating excessive traffic, sending multiple automated requests, or engaging in activities that may cause server crashes or interruptions. These actions not only harm other users but may also be considered cyberattacks, such as denial-of-service (DDoS) attacks.
5. Respect for Intellectual Property and Privacy Rights: Users may not use the Service to infringe copyright, trademarks, patents, or other intellectual property rights belonging to third parties. They must also respect the privacy of other users and not collect, share, or use personal information without the explicit consent of its owner.
6. Sanctions for Non-Compliance: Any violation of the established policies may lead to temporary or permanent suspension of access to the Service. Additionally, Metacollector reserves the right to take legal action if violations result in material or reputational damage.
Your personal information or that of your organization is stored and viewed from the Service and our Application or Website. You understand and agree that the Metacollector Service is growing and evolving based on feedback from our users and staff. Metacollector reserves the right to make necessary implementations of changes, updates, or improvements to the Service at any time. We may also add, remove, update, or downgrade any functionality or features, or we may suspend or discontinue the Service entirely at any time. Certain features that are free may become a paid Service or feature, and certain paid features may become free for you or other users.
We reserve the right to suspend or cancel your access to the Service, without notice and without any liability to you, at any time at our sole discretion. This includes the right to block or prevent your access to the Website, the Application, and the Service, and to waive any rights you may have under these Terms (such as the right to use the Service). If your account is suspended or canceled, you may lose access to Content stored with the Service. However, upon termination, you may request access to your Content, which we will make available to you, except in cases where a Privacy Policy applies. You must make this request within 14 days after termination. After this 14-day period, we will have no obligation to maintain the Content stored in your account.
We reserve the right to make necessary updates, changes, or improvements to the Service at any time. We may also add, remove, update, or downgrade any functionality or features, or we may suspend or interrupt the Service entirely at any time.
By sending us feedback from the application, or writing or sharing a review in any available space, you acknowledge and agree that Metacollector may share your feedback and grants Metacollector a non-exclusive, royalty-free, perpetual, sublicensable license to host, use, reproduce, modify, publish, perform, translate, create derivative works, distribute, and display the Review or comments worldwide in any medium (known now or in the future).
If you have not logged into your account for some time, we may send you an email notice to remind you of your Content in our Service. If you do not respond or react after an unspecified period, we may cancel your account and delete your data. Be sure to keep your email address updated. Your use of the Service is limited because we are not obligated to store an unlimited amount of Content, and we are aware that some users may attempt to take advantage of our Service and use it to store a large amount of Content. Therefore, we reserve the right to cancel your account and delete content without notice if we believe you registered for multiple accounts or are not a genuine, authentic user of the Service, or have not responded (in our opinion) to a corrective action email or notification request we sent you.
Metacollector.io owns all rights to our logo, Metacollector Services, and our website, including the intellectual property rights related to them. Our appearance is protected by copyright, and you may not copy or use a similar appearance or use unique features to incorporate them into another product or Service. You may not reuse, distribute, copy, or duplicate any part of the Service, including HTML/CSS elements, JavaScript, logos, or the visual design of Metacollector without the express written permission of Metacollector.
Metacollector complies with the Digital Millennium Copyright Act ("DMCA"). Upon receiving a DMCA notice with information about an infringement sent to support@metacollector.io, we may remove or disable access to any Content alleged to infringe copyright without prior notice, and you will have the opportunity to respond with a counter-notification objecting to this action. The original claimant has 14 days after we receive a counter-notification to seek a court order preventing you from engaging in infringing activity; otherwise, we have the option to restore the Content.
The rights granted to you under these Terms are subject to the following restrictions:
1. You will not license, sell, rent, lease, transfer, assign, distribute, host, or commercially exploit the Service, in whole or in part, or any content displayed in the Service.
2. You will not modify, create derivative works, disassemble, reverse compile, or apply reverse engineering to any part of the Service,
3. You will not access the Service to build a similar service or website or competing service, and
4. Unless expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
The service and all content are provided "as is" and "as available," and your use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Metacollector and its licensors do not warrant that the service or the content of the service will be accurate, reliable, or correct; that the service will meet your requirements; that the service will be available at any particular time or place, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. These limitations may not apply if the jurisdiction in which you reside does not permit these exclusions.
You understand and agree that Metacollector is not responsible, and hereby releases Metacollector, to the fullest extent permitted by applicable law, from: (a) your interactions or disputes with Metacollector or other members of the Metacollector Service, whether through the Metacollector Service or in the physical real world, (b) your own acts and omissions, and (c) your Content.
To the maximum extent permitted by applicable law, in no event shall Metacollector, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or inability to use this service. To the maximum extent permitted by applicable law, Metacollector shall not be liable for any (i) error or inaccuracy of the content; (ii) personal injury or property damage of any kind resulting from your access to or use of our service; (iii) any unauthorized access or use of our servers, secure and/or any or all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any error, virus, trojan, or similar that any third party may transmit to our service through our service; (vi) any error or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user submissions or the defamatory, offensive, or illegal conduct of any third party.
Notwithstanding any contrary provision contained herein, Metacollector's liability to you for any damages arising out of or related to these terms or your use of the service (for any cause and regardless of the form of action), shall not exceed the greater of (a) $100 or (b) total fees paid by you to Metacollector during the six (6) months prior to the time such claim arose. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. Section titles are for convenience only and have no legal or contractual effect.
You may not assign, subcontract, delegate, or transfer these terms, and your rights and obligations herein, without the prior written consent of Metacollector, and any attempt to assign, subcontract, delegate, or transfer in violation of the foregoing shall be null and void. Metacollector may modify the Terms at any time without restriction. The terms and conditions set forth in these terms shall be binding on assignees.
The Terms of Service shall be governed by and construed in accordance with the laws of the United States of America, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of these courts with respect to any dispute or claim arising out of or in connection with the Terms of Service. However, you agree that Metacollector may seek injunctive relief in any jurisdiction worldwide. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service and is expressly excluded.
You may not transfer, assign, or delegate any of your rights or obligations under these Terms without our prior written consent, and any attempt to transfer, assign, or delegate without such consent shall be null and void. We may freely transfer, assign, or delegate our rights and obligations under these Terms. Subject to the foregoing, these Terms shall be binding and inure to the benefit of the parties and their respective representatives, heirs, administrators, successors, and permitted assigns.
If any provision of these Terms is invalid, illegal, or unenforceable for any rule of law or public policy, all other provisions of these Terms shall remain in full force and effect as long as the economic or legal substance of the transactions contemplated by these Terms is not adversely affected in any way to any of the parties. Upon determination that any provision is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify the Terms to achieve the original intent of the parties as closely as possible in a manner acceptable to fulfill the transactions contemplated herein.
If you are a U.S. government entity or if these Terms are subject to the Federal Acquisition Regulations (FAR), you acknowledge that the elements of the Service constitute software and documentation and are provided as "Commercial Items" as defined in 48 CFR 2.101, and are licensed to the U.S. government user as commercial computer software subject to the restricted rights described in 48 CFR 1.101 and 12.212.
Notwithstanding any term to the contrary in these Terms, you agree that Metacollector may choose to send you all communications via the email address registered in your account file for the Service, and that it is your responsibility to keep your email account active to use our Service. Any notice regarding changes to these Terms may be sent to you via email in addition to being available through the Service; however, you agree to conduct business electronically with Metacollector and to receive electronically all notices, disclosures, communications, and current and future information, and that such information provided electronically meets any legal requirement that such communications be in writing. An electronic notice will be deemed received when sent to your email.
1. Metacollector provides the Service with both free and paid plans ("Subscriptions"), which for its beta version will not be available. The free plan is limited in some features, and we are not obligated to continue offering a free version. Metacollector may remove it at any time, may convert to a paid Subscription to continue using the Service, or may discontinue the use of the Service under the free Subscription on the provided date.
2. Metacollector offers paid subscriptions through the website. If you subscribe to a paid Subscription, you agree to pay all applicable fees ("Fees") presented to you at the time you enroll in a Subscription or as described in the Order Form, as applicable. If you subscribe to a Subscription, please note that we reserve the right to change the quoted currency and price at any time. You are responsible for any taxes and all other charges (e.g., data charges and currency exchange settlements). We calculate the taxes you must pay based on the billing information you provide at the time of subscription.
3. Subscriptions will automatically renew at the end of the applicable period, either monthly or after the defined term, unless you cancel or downgrade your account (as applicable) before the end of the applicable period in accordance with these Terms. If you do not wish for your Subscription to renew automatically, (i) you need to manage your Subscription through the Website, or (ii) contact us at support@metacollector.io. You acknowledge and agree that deleting the Application from your device without following the process described in this subsection will not cancel the automatic renewal of your Subscription.
4. We reserve the right to change our Fees at any time at our sole discretion. We will notify you in advance, either through the Service or the email address you most recently provided to us, if we change the Fees applicable to your Subscription. If there is a specific duration and price for your Subscription, the Fees will remain at that rate for that time unless otherwise specified in the Store or in a corresponding Order Form. After the offer period ends, you will be charged the modified Fees for your continued use of the Service and presented with a new price. If your Subscription is for periods (e.g., monthly or annually) without a specific term, we will notify you of any changes to the Fees at least 30 days in advance, unless a shorter period is specified.
5. For all Subscriptions for which you are charged Fees, you agree that: (a) you must have a Metacollector account for each user; (b) you will only receive the features and functionalities included in the specific subscription plan you purchased; (c) you are responsible for setting your specific Service settings; and (d) you are responsible for managing all devices and/or systems you use to access your specific Service.
6. If you terminate your paid Subscription and still wish to access part or all of your Content, the free Subscription version may or may not allow you to access all or part of your Content due to differences between the two versions, and we have no obligation to provide you access to your Content if you cancel your paid Subscription.
From time to time, at our sole discretion, we may offer trial or beta subscriptions with access to some features and functionalities of the Service for a limited time. We reserve the right to modify or alter the offerings (including all features and functionalities) of trial or pilot subscriptions at our sole discretion. You may cancel at any time up to the last day of your trial. You may be required to provide a payment mechanism as a condition of your trial or Subscription. After the trial period expires, your trial or pilot Subscription may automatically convert to a paid Subscription unless you cancel before the last day of your trial.
1. At this time, Metacollector does not provide any payment gateway or manage any payment process for any user of the application, including you; except that you may be asked to provide your payment details through the website, although our third-party processor(es) access and process such details entirely in the back end. The entire billing and payment process is handled by a third-party payment processor and you must comply with the payment terms and other instructions as specified by the third party processor, as well as any other terms. Without limiting the foregoing, and solely for clarification, you must be authorized to use the payment method you enter when creating a billing account. You authorize our external processor to charge you for the Service using your payment method and for any paid feature of the Service you choose to subscribe to or use while these Terms are in effect.
2. Generally, we bill in advance on a monthly or annual basis for the Subscription. Additionally, the Store may charge you up to the amount you have approved and may notify you in advance of the difference for recurring Subscriptions.
3. You must keep all information in your billing account updated. You can access and modify your billing account information (including your payment method), or modify or cancel your Subscription through your account. If you choose to downgrade your Subscription, you may lose access to the features or functionalities of your previous Subscription for the remainder of the Subscription term. If you choose to cancel your Subscription, you may be allowed to switch to a lower subscription (less expensive Subscription) or switch to a free version with fewer features, or you may be asked to delete your account. Cancellation of the Service will not result in any refund for the remainder of the subscription period. You will not be charged for a subsequent renewal if you timely canceled your Subscription with at least 30 days' notice for monthly plans and 60 days' notice for annual plans. Payments for all plans are due at the time you subscribe to them, unless we expressly agree otherwise in writing on a case-by-case basis. You remain responsible for settling all outstanding balances in a timely manner and for keeping your billing information updated. If you do not comply, at the end of 7 days (unless another period is specified), your account will be deactivated and all files will no longer be recoverable or accessible unless there is an option within the application to retain access to your information.
4. Unless specifically stated in this section, all Subscriptions are paid in advance for the selected period (monthly, annually, or otherwise) and are non-refundable. This includes accounts that renew automatically or manually.
5. Unless prohibited by law, we may impose a late payment charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be 1% of the unpaid amount each month or the maximum rate allowed by law, whichever is lower, unless a higher interest rate is specified. We may use a third party to collect overdue amounts. You must pay all reasonable costs we incur to collect overdue amounts, including reasonable attorney's fees and other legal costs and fees. We may suspend or cancel your Service if you do not pay in full on time.
6. As stated above, we do not provide a payment gateway or store any of your payment details, including credit card details. Your payment data is stored with a third-party payment processor in accordance with that processor's policies, as they may be updated periodically. In addition to complying with these Terms and our other applicable policies, you must comply with all policies of external providers. In the event of a conflict between our policies and those of any external provider, the more restrictive policies will be binding on you.
1. You and we may provide links or host content from third-party websites, products, and other content (collectively referred to as "Third-Party Sites and Content"). However, these links and content are provided for the convenience of our users, including you, and do not indicate that we endorse, approve, or control the websites or the information or content they contain. We are not responsible for, nor do we make any representations about the quality, accuracy, nature, ownership, or reliability of such Third-Party Sites and Content. You may use these links and content at your own risk, and when you leave our website or application, you should be aware that our terms and policies no longer apply. Therefore, you should review the terms and policies, including privacy practices and data collection, of any website you navigate to from our website or application.
2. We may display advertisements and promotions from third parties on our website or application, or provide information or links to third-party products or services. Any business dealings, correspondence, or participation in promotions with such third parties is solely between you and the third party. We are not responsible for any loss or damage incurred as a result of such transactions, promotions, or the presence of third-party advertisers on our website or application.
1. The Terms of Service, including the documents incorporated by reference, constitute the entire agreement between you and Metacollector and govern your use of the Services and your Account, superseding any prior agreements between you and Metacollector (including, without limitation, any previous version of the Terms of Service).
2. The fact that Metacollector does not exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds that any provision of the Terms of Service, including all terms and conditions and other documents incorporated by reference, is contrary to law, such provision shall be changed and interpreted to better achieve the original objectives of the provision to the fullest extent permitted by law, and the remaining provisions of the Terms of Service shall remain in full force and effect.
3. Except for Metacollector and its affiliates, you or any person accessing the Metacollector Services pursuant to these Terms of Service, unless otherwise stated in these Terms of Service, no person or entity not a party to these Terms of Service shall have the right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class, or responding to a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
4. The Terms of Service shall be governed by and construed in accordance with the laws of the United States of America, without regard to the principles of conflicts of laws
5. The Terms of Service may be available in languages other than English. In the event of discrepancies or conflicts between these Terms of Service in English and the Terms of Service of Metacollector available in another language, the most recent English version of the Terms of Service on Metacollector.io shall prevail. Any dispute arising from these Terms of Service shall be resolved in English, unless Metacollector determines otherwise (acting at its sole discretion) or as required by applicable law
6. All terms and provisions of the Terms of Service shall be binding and inure to the benefit of the parties and their respective heirs, successors, permitted assigns, and legal representatives. Metacollector may assign these Terms of Service without notice or your consent. You shall not have the right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without the prior written consent of Metacollector, which may be granted or denied at Metacollector's sole discretion.
7. If any provision, or part of a provision, in these Terms of Service, for any reason, is found to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability shall not affect any other provision (or the unaffected part of the provision) of the Terms of Service, and the Terms of Service shall be construed as if such invalid, illegal, or unenforceable provision, or part of the provision, had never been included in the Terms of Service.
8. Upon termination, all rights and obligations related under the Terms of Service shall be immediately terminated, except that you shall remain responsible for performing all your obligations in connection with transactions made prior to termination and for any liability accrued prior to or as a result of the termination; and the Sections or Terms related to privacy and confidentiality shall survive the termination or expiration of these Terms of Service. Termination is a legal term that refers to the annulment or cancellation of a contract or agreement due to one party's failure to fulfill the established conditions or because there is some defect in the contract (e.g., mistake, fraud, or coercion). Upon termination of a contract, the parties must return to each other the benefits received, as if the contract had never existed.
9. Your acceptance of this Agreement includes acceptance of the Metacollector.io Terms and Conditions Agreement, which may or may not also require an emergent acceptance within the Application.
LAST UPDATED DATE: December 05, 2024
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