Terms of service

Micropause Terms of Use

1. Introduction

  1. Welcome to Micropause’s Terms of Service (our “Terms”). Please read these Terms carefully before using any of our websites, services, or products (collectively, our “Services”). This is a contract between you and Micropause, LLC (“Micropause” or us or we). If you do not agree to these Terms, do not use our Services. Our Privacy Policy is incorporated into, and part of, these Terms. In the event there is a conflict between these Terms and our Privacy Policy, our Privacy Policy will govern.

2. Accepting the Terms of Use

  1. By registering with Micropause and using our Service, you accept and agree to these Terms. Please note that if you create an account or are listed as an administrator for an account, and you use an email address owned or controlled by your employer or another entity as your primary or sole email address for that Micropause account, then (1) you will be deemed to have represented such party, (2) your click to accept will be deemed to have bound your employer or that entity to these terms, and (3) the word “you” in this Terms will refer to your employer or that entity.
  2. We may modify the these Terms in our sole discretion. When we significantly change these Terms, we will give you notice either through our website (which may be identifying a new “as of” date for our Terms of Use), app, or e-communication as we believe necessary. We encourage you to review this statement periodically. Your continued access and use of the Services, however, is deemed your affirmative acceptance of any updated Terms.

3. Services and Eligibility

  1. We may modify or discontinue, for any time, and for any reason, any of our Services with or without notice. You agree that Micropause will not be liable to you or to any third party for any losses or other consequences that may result from any modification, suspension or discontinuance of a Service.
  2. You must be at least 18 years of age to access and use the Services. If you are not at least 18 years old, you may not use our Services.
  3. By using our Services, you represent and warrant that you have the right, authority, and capacity, to enter into and to abide by these Terms.

4. Registration

  1. You may create an account with Micropause as a “Member” by creating an account, establishing a user name as your user ID, and establishing a password.
  2. You covenant that all information that you submit when registering, establishing an account, or otherwise using the Services will be accurate and truthful and that you will promptly update your information that subsequently becomes inaccurate, misleading or false.

5. Term and Termination

  1. You may cancel your membership at any time and for any reason in your account settings.
  2. We may terminate or suspend your account or membership at our sole discretion and without notice to you. We are not required to disclose, and may be legally prohibited from disclosing, the reason we terminated or suspended your account.
  3. Except for those terms that by their nature expire or are fully satisfied upon such a termination, these Terms will survive and continue in full force and effect after your membership is terminated.

6. Account Security

  1. You agree to keep your username and password confidential. You are responsible for your account security.
  2. You are solely responsible for all activities that occur under your username and password.
  3. You agree to promptly notify Micropause of any disclosure or unauthorized use of your username or password or any other breach of security.

7. Proprietary Rights.

  1. As between you and Micropause, you agree that Micropause owns and retains all right, title and interest in, including all proprietary rights in or related to, the Services.
  2. Nothing in these Terms grants you a license of any kind to or in Micropause’s proprietary material or intellectual property, other than a limited, revocable, non-sublicensable license to use the Services. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce, in any way, any copyrighted material, trademarks, trade names, service marks, distinctive branding features, or other intellectual property or proprietary information owned by Micropause or available in the Services.

8. Content Posted by You on the Website.

  1. You are solely responsible for the content you post, upload, display, or otherwise make available (collectively, “post”) through any communication means on or through the Service (collectively, “Content”) or any other Content posted by someone else on or through your account.

  2. By posting Content on or through our Service, you grant Micropause, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to:

    1. use, copy, store, perform, display, reproduce, record, play, adapt, and modify the Content within the Services,
    2. prepare derivative works and modifications of the Content (including reformatting the Content for display in our Services constitutes a modification or derivative work), and
    3. for internal use and analysis.
  3. You understand and agree that we may monitor, restrict, or review any Content you post as part of a Service. We may delete, edit, or manage any Content, in any way, that in our judgment violates these Terms, that may harm our reputation or that we feel is detrimental to the Services. We may suspend or terminate your membership for violation of this Section 8.

  4. The following is a partial list of the kind of Content that is prohibited. You may not post Content that is, but not limited to:

    1. offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, illegal, or any material that infringes or violates another person’s or entity’s rights on or through our Services, including rights of patent, trademark, copyright, trade secret, and other intellectual property rights;
    2. contains harmful or disruptive codes, components or devices, including but not limited to viruses, time bombs, trojan horses, cancelbots, and worms;
    3. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without that user’s permission; or
    4. could otherwise cause damage to Micropause or any third party.

  5. Your use of the Service, and Content you post, must comply with all applicable laws and regulations. You agree that we may access, preserve, and disclose your account information and Content in any way described in our Privacy Policy, or to:

    1. comply with legal process;
    2. enforce these Terms;
    3. respond to claims that any Content violates the rights of third parties;
    4. respond to your requests for customer service or allow you to use the Services in the future; or
    5. protect the rights, property or personal safety of Micropause or any other person.

9. Prohibited Activities

  1. You aree that you will not:

    1. post any Content that is prohibited by Section 8;
    2. impersonate any person or entity;
    3. remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices;
    4. sell, transfer, license or assign your account, followers, username, or any account rights;
    5. express or imply that any statements you make are endorsed by Micropause without our specific prior written consent;
    6. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services, or cause others to do so;
    7. post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Services other than solely relating to your use of the Services in accordance with these Terms; or
    8. use the Services for anything other than non-commercial personal or collaborative use—prohibited commercial uses include but are not limited to advertising, soliciting other users to buy or sell any product or service not offered by Micropause.

10. Copyright Policy

  1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

  2. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3):

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. a description of the copyrighted work that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable Micropause to find the alleged infringing material, such as a url);
    4. your address, telephone number and email address;
    5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Claim notice for copyright infringement should be given to Micropause at hello@takemicropause.com.

11. Communication

  1. By becoming a Member, you affirmatively consent to receive communications from us. These communications may be, but are not limited to, administrative notices, Service announcements or changes, or emails and texts containing commercial offers, promotions or special offers from Micropause or third-party partners.
  2. From time to time, Micropause’s employees (or our affiliates) may create test membership profiles to test and improve the functionality of our Services.
  3. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.
  4. Micropause may provide you with notices relating to this Agreement or our Services using any reasonable means. Some non-limiting examples are email, postage mail, SMS, MMS, text message, or postings on the Website.

12. Privacy.

  1. To learn more on how Micropause collects, uses, and shares your information, please review Micropause’s Privacy Policy.

13. Disclaimers of Warranties.

  1. To the maximum extent allowed by applicable law, Micropause provides its Services on an “AS IS” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service or any website or app (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Micropause does not represent or warrant that the Services will be uninterrupted or error free, secure or that any defects or errors on the website or in the service will be corrected.
  2. Any material you download or otherwise obtained through the Services is accessed at your own discretion and risk. You will be solely responsible for and hereby waive any claims and causes of action with respect to any damage to your device system or internet access that results or may result from downloading any material. You are not authorized to download or obtain any material through the Services if you do not accept this.
  3. We may make third-party opinions, advice, statements, offers, or other third-party content available through the Service. All third-party content is the responsibility of its respective authors and should not necessarily be relied upon. Third-party authors are solely responsible for their content. We do not endorse or provide any guarantees relating these third-party’s materials.
  4. Any advice that may be posted through the Services is for informational and entertainment purposes only and is not intended to substitute any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Services.

14. Limitation on Liability.

  1. Under no circumstances will Micropause, its affiliates, business partners, licensors or service providers be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages), even if foreseeable or if Micropause has been advised of or should have known of the possibility of such damages, that are directly or indirectly related to your use of the Services. In no event will Micropause be liable to you or anyone else for loss, damage, or injury, including, without limitation, death or personal injury.
  2. Notwithstanding anything to the contrary contained herein, Micropause's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Micropause for the service during the term of membership.
  3. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one year after such claim or cause of action arose or be barred.

15. Arbitration and Governing Law.

  1. The exclusive means for resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach), the Service will be binding arbitration administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Micropause in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Micropause any class action, class arbitration, or other representative action or proceeding.
  2. By using the Services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and Micropause (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding . Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the dispute. You are entitled to a fair hearing before the arbitrator.
  3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.
  4. If this arbitration agreement is for any reason held to be unenforceable, any litigation against Micropause (except for small-claims court actions) may be commenced only in the federal or state courts located in California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
  5. These Terms, and any dispute between you and Micropause, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

16. Indemnity by You.

  1. You agree to indemnify and hold Micropause, its affiliates, and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third-party due to or arising from the use of the Services or violation of these Terms.
  2. You will fully cooperate, as required, with Micropause in the defense of any claim. Micropause reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

17. Other.

  1. These Terms, with Micropause’s Privacy Policy and any specific terms, guidelines or rules that are separately posted or agreed to by you when using the Services, contains the entire agreement between you and Micropause regarding the use of our Services.
  2. If any provision of these Terms is held invalid, the remainder of these Terms will continue in full force and effect.
  3. The failure of Micropause to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  4. You agree that your online account is non-transferable and all your rights to your profile or contents within your account terminate upon your death.
  5. No agency, partnership, joint venture or employment is created because of these Terms and you may not make any representations or bind Micropause in any manner.