Terms of Service:
Thanks for using Pieces! Pieces enables creators to be more efficient and productive in managing their daily "work-in-progress" by being able to save, find, and share the fragments of their work that they need. These Terms of Service (“Terms”), along with our DMCA Policy, Privacy Policy, and Acceptable Use Policy (collectively with Terms, the “Agreement”) cover your use and access to our services, software, and websites (“Services”). If you are located in the United States, Canada, or Mexico, your Agreement is with Mesh Intelligent Technologies, Inc. If you are located elsewhere, your Agreement is with Pieces International Unlimited Company (each, “Pieces”). By using our Services, you’re agreeing to be bound by the terms of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT INCLUDES TERMS REGARDING PRIVACY, FUTURE CHANGES TO THE AGREEMENT, FEES, LIMITATIONS OF LIABILITY, INDEMNITY, RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT, AND WAIVER OF CLASS ACTIONS.
When you use our Services, you provide us with your code, files, content, and other information (“Your Content”). These Terms don’t give us any rights to Your Content except for the limited rights that enable us to provide you with the Services.
By using our Services, you give us your permission to access and store Your Content. As part of our Services, we offer features such as hosting Your Content, backing it up, sharing it when you ask us to, and enabling functions such as deleting, editing, searching, easy sorting, and organization. The permission you provide us extends to our affiliates and trusted third parties with which we work. You grant us, our legal successors, affiliates and trusted third parties the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Services, including improving the Services over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it.
You are solely responsible for the content of, and for any harm resulting from, Your Content or any other content that you post, upload, link to, or otherwise make available via the Services. We are not responsible for the content our users post and share via the Services and we are not responsible for any misuse of Your Content. We have the right to refuse or remove any of Your Content that, in our sole discretion, violates any laws or this Agreement.
Your use of our Services must comply with these Terms and our Acceptable Use Policy. Pieces may review your conduct, Your Content, and any other interaction with the Services for compliance with these Terms and our Acceptable Use Policy.
Content in the Services may be protected by others’ intellectual property rights. You may not copy, upload, download, or share content unless you have the right to do so.
You are responsible for safeguarding your login and password for the Services, and keeping your Pieces account information up-to-date. Do not share your account credentials or give others access to your account. You are responsible for all content posted and activity that occurs under your account.
You may use our Services only as permitted by applicable law. Your use of the Services must not violate any applicable laws, copyright or trademark laws, export control or sanctions laws, and other laws in your jurisdiction. . To use our Services, you must be at least 13 years old. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We may release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). Beta Services may not be as reliable as Pieces’s other services and may be changed at any time without notice. By using our Beta Services, you agree that we may contact you to collect your feedback.
Beta Services are used at your own risk. If you do not agree to the Terms in this section, please do not use our Beta Services.
The Services are protected by copyright, trademark, and other U.S. and foreign laws. This Agreement does not grant you any right, title, or interest in the Services, any related technology, others’ content in the Services, or Pieces’s trademarks, logos, and other brand features. We welcome feedback, comments, ideas, and suggestions, but please note that these may be used without any obligation to you, and all feedback, comments, ideas, and suggestions related to the Services, or any of Pieces’s other products or services, shall be owned by Pieces.
We require that you respect the intellectual property rights of third parties. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement for the Services is:
Copyright Agent
Mesh Intelligent Technologies, Inc.
1311 Vine St.
Cincinnati, OH 45202
Payment. Now or in the future, you have the ability to add paid features to your account (turning your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll email you a notice reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes on Paid Accounts. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.
Cancellation. Your Paid Account will remain in effect until it's cancelled or terminated under this Agreement. You may cancel your Pieces Paid Account at any time. Refunds are only issued if required by law or as specifically stated in this Agreement.
Fee Changes. Pieces may change the fees in effect on Paid Accounts at any time in our sole discretion. but will give you reasonable advance notice of these changes via the email address associated with your account
You’re free to stop using our Services at any time. We have the right to suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Pieces reserves the right to refuse service to anyone for any reason at any time.
In the event that we decide to discontinue the Services, we’ll attempt to give you reasonable prior notice. If we discontinue the Services before the end of any fixed term for which you have paid us, we’ll refund the portion of the fees you have pre-paid for the time during which Services will not be received due to the discontinuation.
Pieces does not make any promises or guarantees about our Services. TO THE FULLEST EXTENT PERMITTED BY LAW, PIECES AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, AND DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED "AS IS." PIECES DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE LIMITATION OF LIABILITY IS ALLOWED, PIECES IS RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, PIECES, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WON’T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT PIECES OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
PIECES, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. PIECES AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH PIECES.
Indemnification
To the fullest extent permitted by law, you agree to release, indemnify, and hold Pieces and its affiliates and subsidiaries, and its respective officers, employees, directors, and agents harmless from any from any and all losses, damages, expenses, including costs and reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services, your connection to the Services, your violation of this Agreement or your violation of any rights of another. Pieces reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Pieces in asserting any available defenses.
Informal Resolution. Before filing a legal claim against Pieces, you agree to try to resolve the dispute informally by contacting hello@pieces.com. If a dispute is not resolved within 15 days of submission, you or Pieces may bring a formal claim.
Judicial Forum for Disputes. Except to the extent applicable law provides otherwise, you and Pieces agree that any judicial proceeding to resolve claims relating to this Agreement or the Services will be brought in the federal or state courts of LOCATION, subject to the mandatory arbitration provisions below. Both you and Pieces consent to venue and personal jurisdiction in such courts.
PLEASE READ THIS SECTION CAREFULLY! IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. U.S. RESIDENTS AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Agreement to Arbitrate. You and Pieces agree to resolve any claims relating to the Agreement or the Services through final and binding arbitration by a single arbitrator, except as set forth below. This includes disputes arising out of or relating to interpretation or application of this section, including its enforceability, revocability, or validity.
Arbitration Procedures. Arbitration is a less formal procedure than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. AAA’s rules are available at www.adr.org. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or another mutually agreed-upon location.
Arbitration Costs. The AAA rules will govern payment of all arbitration fees. Pieces will pay all arbitration fees for individual arbitration for claims less than $10,000 unless the arbitrator determines that the claim is frivolous. Pieces will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that the claim is frivolous.
Opt-Out Procedure. YOU CAN REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY CLICKING HERE AND SUBMITTING THE OPT-OUT FORM WITHIN 30 DAYS OF FIRST REGISTERING YOUR ACCOUNT. HOWEVER, IF YOU AGREED TO A PREVIOUS VERSION OF THESE TERMS THAT ALLOWED YOU TO OPT OUT OF ARBITRATION, YOUR PREVIOUS CHOICE TO OPT-OUT OR NOT OPT-OUT REMAINS BINDING.
Exceptions to Agreement to Arbitrate. Either you or Pieces may assert claims, if they qualify, in small claims court in [LOCATION?] or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in [LOCATION?] to resolve your claim.
No Class Actions. YOU AND PIECES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED. IF THIS SPECIFIC PARAGRAPH IS HELD UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE DEEMED VOID.
Except to the extent applicable law provides otherwise, these Terms will be governed by [LOCATION?] law without regard to conflict of law provisions.
Survival
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
This Agreement constitutes the entire agreement between you and Pieces with respect to the subject matter, and supersedes and replaces any other prior or contemporaneous agreements, oral or written, or terms and conditions applicable to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized representative of Pieces, or by the posting by Pieces of a revised version. This Agreement creates no third party beneficiary rights.
Pieces’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and that portion of the Agreement will be construed to reflect the parties’ original intent. You may not assign any of your rights under this Agreement, and any such attempt will be void. Pieces may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Pieces DMCA Policy
Pieces does not permit copyright infringing activities and infringement of intellectual property rights on its Services. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), found at http://www.copyright.gov/legislation/dmca.pdf, Pieces will respond expeditiously to claims of copyright infringement involving the Pieces Services if such claims are reported to Pieces’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Pieces’s Designated Copyright Agent. Upon receipt of Notice as described below, Pieces will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Pieces’s Designated Copyright Agent:
Copyright Agent
Mesh Intelligent Technologies, Inc.
1311 Vine St.
Cincinnati, OH 45202