Last Modified: April 19, 2021
Mimble, Inc. is a Delaware corporation (“Mimble, Inc.”) with offices in Poulsbo, WA (referred to collectively herein as “Mimble”, “the Company”, “We”, “Us”, or “Our”). By using or downloading our mobile application (the “App”) or accessing or using our website at www.mimble.co and its subdomains (“Website”), which provide, among other things, tools to keep friends and family connected via instant gifts, chat, greeting cards, event reminders, wish lists, a wallet to store and use gifts, and a marketplace for purchasing gift cards or account credits, (collectively, the “Platform”) and related services and accounts (“Services”).
YOU HEREBY ACKNOWLEDGE AND AGREE THAT MIMBLE IS NOT A BANK. THE MIMBLE PLATFORM IS MERELY A TOOL THAT ALLOWS YOU TO EARN, BUY, GIFT, SPEND OR RECEIVE MIMBLE TOKENS. YOU ARE SOLELY RESPONSIBLE FOR YOUR MIMBLE TOKEN SAVINGS AND SPENDING DECISIONS.
Occasionally there may be information on the Mimble website or app that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We apologize for any inconvenience this may cause you.
ACCEPTANCE OF THIS AGREEMENT
Acceptance. When you use the App to register for an Account (defined below) in order to make use of the Service or when you otherwise access or make use of your Account or the Service, you acknowledge, agree to, and are bound by, the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not continue to access or otherwise make use of the App or Service. Please note that certain uses of the App or Service may be subject to separate agreements that will be provided to you prior to such use.
Restrictions on Acceptance. When you access or otherwise make use of the App or the Service you acknowledge and agree that:
(1) if you are accepting this Agreement on behalf of any legal entity, including any company, organization, government, or governmental agency, you have been authorized to do so and to act on behalf of such legal entity;
(2) you have read and understand all of the provisions, terms and conditions set forth in this Agreement;
(3) you will be bound by all of the provisions, terms and conditions set forth in this Agreement;
(4) you are at least eighteen (18) years of age or if you are a minor, you must have your parent or guardian read and agree to these terms prior to you using the site;
(5) you have the right, authority and capacity to enter into this Agreement and to abide by all terms and conditions of this Agreement;
(6) you have not previously used the Service through an Account which Mimble has terminated or suspended in accordance with the terms and conditions of this Agreement or the Advisory Agreement;
(7) this Agreement is the legal equivalent of a signed, written contract between you and us.
If you are unable or unwilling to confirm the above statements, then you must not accept this Agreement or otherwise access or make use of the App or Service.
SCOPE OF SERVICE
We reserve the right to modify or change the Website, the App, or any of the Services, with or without notice to you, and we are not obligated to support or update the Website, the App, or any Services.
We provide an interactive platform that assists you with your gifting by (i) providing gifting occasion reminders, (ii) providing insight into what your connected contacts want, (iii) providing the ability to give instant gifts whether purchasing gift cards or Mimble tokens from our marketplace or uploading gift cards into your wallet. Your rights and obligations with respect to the App and Service are personal to you and you may not transfer such rights and obligations to any other person or entity.
Purchasing a Merchant-Issued Closed Loop Gift Account. Merchant-issued closed loop gift card accounts in the form of digital gift cards (“Merchant-Issued Closed Loop Gift Accounts”) are available to purchase by individuals over the age of 18 years. You represent and warrant to the Company that you are at least 18 years old or have your parent or guardian's permission. The Company retains the sole discretion to refuse to sell Merchant-Issued Closed Loop Gift Accounts to any person for any reason.
Paying for a Purchase. In order to purchase Merchant-Issued Closed Loop Gift Accounts, the Company accepts payment only from the payment mechanisms that are available in your Mimble Account.
You agree that you will pay for the Merchant-Issued Closed Loop Gift Accounts you purchase. You are responsible for the timely payment of all fees and for providing the Company with a valid form of payment.
Prices for products offered for sale by the Company may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. The Company reserves the right to change content option, including eligibility for and availability of particular features and promotions, without notice.
NO RETURN OF MERCHANT-ISSUED CLOSED LOOP GIFT ACCOUNTS
Merchant-Issued Closed Loop Gift Accounts are non-refundable and non-returnable.
A Merchant-Issued Closed Loop Gift Account may be used in accordance with the terms and conditions specified by the merchant or other party who issued that Merchant-Issued Closed Loop Gift Account.
Documentation of Transactions. A historical record of all transactions are maintained and available in the App.
Disputes with Merchants. You agree to make a good faith effort to settle all disputes about purchases you make using your Merchant-Issued Closed Loop Gift Account with the merchant who accepted the Merchant-Issued Closed Loop Gift Account.
No Company liability for any Merchant-Issued Closed Loop Gift Account subsequent to delivery to you. Company is not responsible for any value lost from a Merchant-Issued Closed Loop Gift Account subsequent to your purchase and our delivery to you. To reduce the likelihood of such a loss, however, Company recommends protecting your personal computer and mobile device with an appropriate password. Specifically with respect to merchant-specific eGift Cards, for some merchants brands third-party vendors may provide issuance (including terms and conditions), fulfillment, customer service, and transaction-related services for those merchant-specific eGift Cards, and Company is not liable for any claims related to those services.
(1) If the transaction would exceed the funds available through your selected form of payment
(2) If your connectivity, personal computer, or mobile device is not working properly
(3) If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken
(4) Any issue covered by the Disclaimer of Warranties section
Expiration. The expiration of your Merchant-Issued Closed Loop Gift Account is dependent on the specific Merchant policies. We have no control over the expiration date, however, most Merchant-Issued Closed Loop Gift Accounts have no less than a 5 year expiration date, and many have no expiration date. After the Merchant-Issued Closed Loop Gift Account has expired or is deactivated, it is no longer valid. All transactions will be declined.
Tax Reporting Requirements. The Company sells gift cards, gift codes, and account credits. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements. We cannot and do not offer tax advice to users.
No Fees Required. Mimble does not currently charge any fees for your use of the App, but does charge for items that are available for purchase within the App.
TIMING OF COMMUNICATIONS
Any electronic Communications will be deemed to have been received by you no later than five (5) Business Days after Mimble sends it to you by email or posts such Communication on the App or through the Service, whether or not you have received the email or retrieved the Communication from the App or Service. An electronic Communication by email is considered to be sent at the time that it is directed by Mimble’s email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
ACCESSING THE SERVICES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to registered users.
If you choose, or are provided with, a username or password you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
INTELLECTUAL PROPERTY RIGHTS
The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Mimble, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
(1) Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(2) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(3) You may download a single copy of materials to your computer or mobile device (as applicable) solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
(4) If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
(1) Modify copies of any materials from the Services.
(2) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.
(3) You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
The Mimble name, the terms Mimble, the Mimble logo and all related names, logos, product and service names, designs and slogans are trademarks of Mimble or its affiliates or licensors. You must not use such marks without the prior written permission of Mimble. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
(1) Remove or refuse to post any User Content for any or no reason in our sole discretion.
(3) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted.
USER CONDUCT AND CONTENT STANDARDS
These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you understand and agree not to use the Mimble Platform or Services to:
(1) Post or upload images, content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
(2) To violate any laws or for any illegal purpose, including, without limitation, any laws governing theft, wire fraud, money laundering, conversion and any law relating to financial services or cybercrime.
(3) Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
(4) Upload, post, email, transmit or otherwise make available any content, or initiate communications which include information, that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
(5) Upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
(6) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”,“spam”,“chain letters”,“pyramid schemes”, or any other form of solicitation. This prohibition includes but is not limited to: a) using the Mimble Platform or Services to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using the Mimble Platform or Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
(7) Upload, post, email, transmit or otherwise make available any material 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.
(8) Stalk or harass anyone.
(9) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Mimble.
(10) Post content in fields that are not intended for that content. Example: Putting an address in a name or title field.
Interfere with or disrupt Mimble or servers or networks connected to Mimble, or disobey any requirements, procedures, policies or regulations of networks connected to Mimble.
(11) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(12) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(13) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(14) Be likely to deceive any person.
(15) Promote any illegal activity, or advocate, promote or assist any unlawful act.
(16) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(17) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve unauthorized commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(18) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Submitted Content. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Mimble Platform. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Services. If you choose to provide information or User Content to us, register for or participate in a service, event, or promotion on our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
Ownership and Use of User Content. Mimble does not claim ownership of any User Content. By submitting such User Content, however, You hereby grant Mimble a worldwide license and right to (i) copy, store and use that User Content for the purpose of providing you with our Services; (ii) modify the User Content to remove identifiers of you and any other individuals or companies, aggregate such information (“Aggregated Data”) and copy, store and use such Aggregated Data; and (iii) use your User Content in perpetuity for marketing purposes in any media format (including publishing or re-publishing). You acknowledge and agree that we may retouch, edit or otherwise alter User Content (such as photos) without your ability to inspect or pre-approve, and that you will not be compensated in any way for our use of your User Content.
Identifying Information. We may at any time require you to provide additional information in order to verify your identity. This information may include your address, date of birth, Social Security Number, a copy of your driver’s license or such other information or documentation as we may deem necessary (including, without limitation, information requested and obtained about you in connection with providing a financial service or product to you). Such information may be required, for instance, in order to meet our legal obligations or the requirements of Mimble’s banking partners.
Mimble respects the intellectual property rights of others and expects all visitors to the Services to the do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (“DMCA”) , we will respond promptly to any claim that User Contributions or any other materials accessible from the Services infringe copyright or other intellectual property rights of any person if such claims are reported to Mimble as provided below. It is our policy in appropriate circumstances to disable and/or terminate the accounts of repeat infringers.
If you believe that any User Contentor any other materials accessible from the Services infringe your copyright or other intellectual property rights, please send written notice to our designated copyright agent (specified below) (the “DMCA Notice”). In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, the DMCA Notice must include substantially the following:
(1) Your physical or electronic signature.
(2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
(3) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(4) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(5) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the written notice is accurate.
(7) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive the DMCA Notice is:
Attention: Copyright Agent
19689 7th Ave NE, #190
Poulsbo, WA 98370
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright or other intellectual property, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of Mimble and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) we may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for us to review your unsolicited ideas; and (5) we have no obligation to keep any unsolicited ideas confidential.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mimble, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mimble. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE SERVICES
We may update the content on the Services from time to time, but content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
(1) Link from your own or certain third-party websites and mobile applications to certain content on the Services.
(2) Send emails or other communications with certain content, or links to certain content, on the Services.
(3) Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites and mobile applications.
(4) You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
(1) Establish a link from any website or mobile application that is not owned by you. Cause the Services or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or mobile application.
(3) You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
(4) We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE SERVICES
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or mobile applications linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and mobile applications.
The owner of the Services is based in the state of Washington in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the App and/or the App may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You represent and warrant that no term of any of the Agreements conflicts with or violates any duty you have under any law, regulation, or agreement.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR MOBILE DEVICE EQUIPMENT, COMPUTER PROGRAMS OR MOBILE APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES (INCLUDING YOUR DOWNLOADING OF THE APP), OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE OR MOBILE APPLICATION LINKED TO IT.
YOUR USE OF THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM, THE APP, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
GOVERNING LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
The Services are operated by, and all feedback, comments, requests for technical support and other communications relating to the Services should be directed to: email@example.com