These Brand Terms and Conditions (the “Agreement”), in conjunction with meshX’ Brand Guidelines, set forth the rules required by meshX Pte. Ltd.. (“meshX”) for using or referring to meshX’ brands, trademarks, products, services, logos, web pages, screenshots or other distinctive features (collectively the “meshX Materials”). If meshX approves your Permission Request, you agree to be bound by this Agreement and to comply with the meshX Brand Guidelines.

1. You agree that all meshX Materials are the exclusive property of meshX, Inc. You further agree and acknowledge that meshX owns all right, title and interest in the meshX Materials, including but not limited to trademark, service mark, trade dress, copyright, and any and all other applicable worldwide intellectual property rights. Except as set forth below, you agree that nothing in this Agreement grants or should be deemed to grant to you any right, title or interest in or to the meshX Materials. You also agree not to challenge or assist others to challenge the meshX Materials (except to the extent such restriction is prohibited by applicable law), and you agree not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to those of meshX.

2. Subject to meshX approving your Permission Request, meshX grants you a non-transferable, non-exclusive, royalty-free limited license to use the meshX Materials set forth in your corresponding Permission Request for the sole purpose and only for the meshX Materials  set forth therein.

3. You may use the meshX Materials only as provided to you by meshX and shall not modify or alter the content in any way.

4. The meshX Materials are provided “AS IS” and meshX disclaims any warranties either expressed or implied by law regarding the meshX Materials, including warranties of noninfringement. Furthermore, because you are not being charged for use of the meshX Materials, in no event shall meshX be liable to you for the subject matter of this Agreement under any theory of liability including for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of this Agreement or the use of the meshX Materials. This limitation shall apply even if meshX was or should have been aware or advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated herein. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

5. meshX reserves the right in its sole discretion to terminate or modify your permission to display the meshX Materials and to take action against any use that does not conform to this Agreement or the Brand Guidelines, infringes any meshX’ intellectual property or other right, or violates applicable law.

6. You may not assign your rights or delegate your obligations under this Agreement without meshX’ prior written consent. This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party.

7. meshX reserves the right to modify this Agreement, the Brand Guidelines and meshX Materials as it deems necessary or appropriate and without notice.

8. You acknowledge and agree that meshX may be irreparably harmed in the event that you breach this Agreement or the Brand Guidelines and that monetary damages alone cannot fully compensate meshX for such harm. Accordingly, you agree that meshX shall be entitled to injunctive relief to prevent or stop such breach, and to obtain specific enforcement thereof. Any such equitable remedies obtained shall be in addition to, and not foreclose, any other remedies that may be available to meshX. 

9. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. The venue for any dispute or claim arising out of or in connection with this Agreement shall be in San Francisco County, California. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other. The waiver by meshX of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement, the Brand Guidelines, and the applicable Permission Request, constitute the entire agreement between the parties with respect to the subject matter hereof.

If you have any questions or would like to report inappropriate use of any meshX materials, please contact legal@meshx.io