Terms of Use, Privacy + Data Policy, Community Guidelines

Terms of Use

Last revised on October 27, 2022

Welcome to MOUV, operated by 4XP Holdings LLC (“us,” “we,” the “Company,” “MOUV,” or “4XP”). Together you and 4XP may be referred to as the “Parties” or separately as “Party.”

1. Acceptance of Terms of Use Agreement.

By creating an MOUV account or by using any 4XP service, whether through a mobile device, mobile application, or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use and (ii) our Privacy Policy and community guidelines, each of which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, you should not access or use the Service.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND 4XP. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on 4XP.org, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with 4XP, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2. Eligibility.

You must be at least 18 years of age to create an account on MOUV and use the Service. By creating an account and using the Service, you represent and warrant that:

• you can form a binding contract with 4XP,

• you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),

• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements,

• you have not committed, been convicted of, or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Service, and that you are not required to register as a sex offender with any state, federal or local sex offender registry,

• you will use the latest version of the Service (via app or website),

• you do not have more than one account on the Service, and

• you have not previously been removed from the Service by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Service or systems is automatically revoked, and you must immediately delete your account.

3. Your Account.

In order to use MOUV, you may sign in using a number of ways, including by telephone number or email.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for MOUV, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us at info@4xp.org.

4. Modifying the Service and Termination.

MOUV is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by emailing info@4xp.org.

4XP may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and 4XP: Section 4, Section 5, and Sections 12 through 19.

5. Safety; Your Interactions with Other Users.

You agree to treat other users in a courteous and respectful manner, both on and off our Services and to be respectful when communicating with any of our customer care representatives or other employees. Though 4XP strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, 4XP is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow 4XP’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT 4XP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. 4XP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS. 4XP RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE 4XP TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.

6. Rights 4XP Grants You.

4XP grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by 4XP and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:

• use the Service or any content contained in the Service for any commercial purposes without our written consent.

• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without 4XP’s prior written consent.

• express or imply that any statements you make are endorsed by 4XP.

• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.

• upload viruses or other malicious code or otherwise compromise the security of the Service.

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.

• “frame” or “mirror” any part of the Service without 4XP’s prior written authorization.

• use meta tags or code or other devices containing any reference to 4XP or the Service (or any trademark, trade name, service mark, logo or slogan of 4XP) to direct any person to any other website for any purpose.

• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.

• use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.

• use, access, or publish the 4XP application programming interface without our written consent.

• probe, scan or test the vulnerability of our Service or any system or network.

• encourage, promote, or agree to engage in any activity that violates this Agreement.

4XP may investigate and take any available legal action in response to illegal and / or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

7. Rights you Grant 4XP.

By creating an account, you grant to 4XP a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public information you authorize us to access from third parties such as Facebook, Google, or Apple, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). 4XP’s license to your Content shall be non-exclusive, except that 4XP’s license shall be exclusive with respect to derivative works created through use of the Service. For example, 4XP would have an exclusive license to screenshots of the Service that include your Content. In addition, so that 4XP can prevent the use of your Content outside of the Service, you authorize 4XP to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other 4XP members).

You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to 4XP above.

You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

In consideration for 4XP allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to 4XP regarding our Service, you agree that 4XP may use and share such feedback for any purpose without compensating you.

You agree that 4XP may access, store, and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules.

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.

• use the Service for any harmful or nefarious purpose.

• use the Service in order to damage 4XP.

• violate our Community Guidelines, as updated from time to time.

• spam or solicit money or other items of value from another member, whether as a gift, loan, or other form of compensation, or otherwise defraud any members.

• impersonate any person or entity or post any images of another person without his or her permission.

• bully, “stalk,” intimidate, assault, harass, mistreat or defame, or otherwise mistreat any person.

• post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.

• post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.

• use another user’s account, share an account with another user, or maintain more than one account.

• misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.

• create another account if we have already terminated your account, unless you have our permission.

4XP reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that 4XP regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

9. Other Members’ Content.

Although 4XP reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and 4XP cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it to info@4xp.org.

10. Purchases.

Generally. From time to time, MOUV may offer products and services for purchase (“in app purchases”) through the App Store, Google Play Store, carrier billing, MOUV direct billing or other payment platforms authorized by MOUV. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play Store or the App Store) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize 4XP or the third party account, as applicable, to charge you.

Auto-Renewal. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.

If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on MOUV, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the MOUV application from your device. Deleting your account on MOUV or deleting the MOUV application from your device does not terminate or cancel your subscription; MOUV will retain all funds charged to your Payment Method until you terminate or cancel your subscription on MOUV or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Additional Terms that apply if you pay MOUV directly with your Payment Method. If you pay MOUV directly, MOUV may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, 4XP may terminate your account immediately in its sole discretion.

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

Virtual Items. From time to time, you may be able to purchase, earn, or be granted a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when 4XP ceases providing the Service, or your account is otherwise closed or terminated. 4XP, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. 4XP may manage, regulate, control, modify or eliminate Virtual Items at any time. 4XP shall have no liability to you or any third party in the event that 4XP exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT 4XP IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of 4XP) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

To request a refund:

If you made a purchase using your Apple ID, refunds are handled by Apple, not 4XP. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through MOUV directly: please contact info@4xp.org with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or MOUV (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: 4XP, Attn: Cancellations, 30 N Gould St, Ste R, Sheridan, WY 82801.

Pricing MOUV operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.

11. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request by emailing info@4xp.org

If you contact us regarding alleged copyright infringement, please be sure to include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• a description of the copyrighted work that you claim has been infringed;

• 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 us to find the alleged infringing material);

• your contact information, including address, telephone number and email address, and the copyright owner’s identity;

• 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

• 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.

4XP will terminate the accounts of repeat infringers.

12. Disclaimers.

4XP PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 4XP DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.

4XP ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

4XP DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.

13. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. 4XP is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. 4XP is not responsible or liable for such third parties’ terms or actions.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 4XP, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF 4XP HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 4XP’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO 4XP DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST 4XP, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Dispute Resolution Section

In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.

Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction.

15a. INFORMAL DISPUTE RESOLUTION PROCESS

If you are dissatisfied with our Service for any reason, please contact 4XP Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against 4XP, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “4XP” shall include our affiliates, employees, licensors, and service providers.

4XP values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to 30 N Gould St, Ste R, Sheridan, WY 82801. If 4XP has a Dispute with you, 4XP agrees to first send a Notice to you at your most recent email address on file with us, or, if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables 4XP to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. 4XP’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and 4XP agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if 4XP requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss 4XP’s Dispute with you, 4XP agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or 4XP may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and 4XP engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND 4XP EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND 4XP EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST 4XP. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND 4XP AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

Any dispute, claim, or controversy between you and 4XP (that is not resolved informally by 4XP Customer Service or as provided under subsection 15a above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or 4XP may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or 4XP challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to 4XP’s other contracting parties.

Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against 4XP (except for small claims court actions) may be commenced only in the federal or state courts located in Sheridan, WY. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.

15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS

This subsection 15d applies to Disputes that are submitted to NAM after fully completing the informal Notice and Dispute resolution process described in subsection 15a above and when no small claims court election is made by either Party. Any arbitration between you and 4XP shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 15. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under this Agreement.

The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:

1.    Commencing an Arbitration – To initiate an arbitration, you or 4XP shall send to NAM a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and NAM Rules. If you send a Demand for Arbitration, you shall also send it to 4XP at 30 N Gould St, Ste R, Sheridan, WY 82801, USA, within 10 days of delivery of the Demand for Arbitration to NAM. If 4XP sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 10-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution Section 15 or if either Party elects small claims court as set forth above.

2.    Fees – The payment of all fees shall be governed by the NAM Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law. Upon a showing to 4XP of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. 4XP is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If 4XP initiates an arbitration against you, we shall pay all fees.

3.    The Arbitrator – The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator appointed under NAM Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Agreement (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.

4.    Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.

5.    Discovery – Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. Any disputes about discovery or requests for extensions shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery dispute or extension request, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

6.    Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.

7.    Arbitration Hearing – You and 4XP are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.

8.    Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and 4XP and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.

9.    Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or caselaw prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.

10. Mass Filing – If, at any time, 25 or more similar demands for arbitration are asserted against 4XP or related parties by the same or coordinated counsel or entities (“Mass Filing”), consistent with the definition and criteria of Mass Filings set forth in the NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/), the additional protocols set forth below shall apply.

·       i. If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding.

·       ii. NAM’s Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing Rules and related fee schedule must be made by either you or 4XP in writing and submitted to NAM and all Parties.

·       iii. Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. Counsel for the Mass Filings claimants (including you) and counsel for 4XP shall each select 15 Demands for Arbitration (30 total), and no more than 30 arbitrations shall be filed, processed, adjudicated, or pending at the same time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator, in a first set of bellwether proceedings. During this time, no other Demands for arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending. If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then counsel for the Claimants and counsel for 4XP shall each select an additional 15 Demands for Arbitration (30) total to be filed, processed, and adjudicated as individual arbitrations, with each of the 30 arbitrations presided over by a different Claim Arbitrator, in a second set of bellwether proceedings. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated. This staged process of bellwether proceedings, with each set including 30 Demands for Arbitration adjudicated on an individual basis, shall continue until each Demand included in the Mass Filings (including your Demand for Arbitration) is adjudicated or otherwise resolved. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by 4XP and the claimants (including you), shall only be due after your Demand for Arbitration is chosen as part of a set of bellwether proceedings and therefore properly designated for filing, processing, and adjudication. Any applicable statute of limitations shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a of the Agreement, and if the first Mass Filings’ Demands for Arbitration are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is decided, withdrawn, or is settled. A court of competent jurisdiction located in a venue allowed under Section 17 of the Agreement shall have the power to enforce this subsection.

·       iv. You and 4XP agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and 4XP acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

15e. FUTURE CHANGES AND RETROACTIVE APPLICATION

This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or 4XP prior to the time of your consent to this Agreement and to any claims that accrue against you or 4XP after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against 4XP prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: info@4xp.org. Please do not direct any customer support inquiries to info@4xp.org, as they will not be addressed; such inquiries should be directed to info@4xp.org. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or 4XP after your consent to this Agreement in accordance with this Dispute Resolution Section.

16. Governing Law.

Wyoming law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).

To the fullest extent allowable by law, the laws of Wyoming, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement, the Service, or your relationship with 4XP. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 above shall be governed by the Federal Arbitration Act.

17. Venue/Forum Selection.

To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Sheridan, Wyoming (except for claims filed in small claims court).

Except where prohibited by law and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to the Service, or to your relationship with 4XP that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Sheridan, Wyoming, U.S.A. You and 4XP consent to the exercise of personal jurisdiction of courts in the State of Wyoming and waive any claim that such courts constitute an inconvenient forum.

18. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless 4XP, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

19. Entire Agreement; Other.

This Agreement, which includes the Privacy Policy, Data Policy, and Community Guidelines and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and 4XP regarding your relationship with 4XP and the use of the Service, with the following exception: anyone who opted out of the retroactive application of Section 15 is still subject to and bound by any prior agreements to arbitrate with 4XP as well as this agreement to arbitrate on a going forward basis. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of 4XP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your 4XP account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind 4XP in any manner.

Privacy Policy

Categories of personal information collected over the 12-month period prior to the effective date of our Privacy Policy

Note: The categories of data below stem from a statutory list set forth under the CCPA.

Sources of collection over the 12-month period prior to the effective date of our Privacy Policy

Categories of third parties with whom the business shared or disclosed the personal information for a business purpose over the 12-month period prior to the effective date of our Privacy Policy

Business or commercial purposes for which the personal information was collected over the 12-month period prior to the effective date of our Privacy Policy (in addition to the purposes listed in the Privacy Policy)

Identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers

From you (for instance if you create an account or apply for a position at our company)

From social media networks (for example if you log into our service through an account you have on a social media network)

From partners (for example, where our ads promoting our services are published on a partner's website or where a partner or consumer reporting agency shares with us information about bad actors)

From our affiliated companies (notably for anti-fraud and safety purposes)

Other users as part of the general operation of the service

Others, upon the instruction of a user using a profile sharing functionality

Our affiliates (in particular to prevent, detect and fight fraud or other illegal or unauthorized activities under our Terms)

Our payment service providers and fraud vendors (e.g., for anti-fraud purposes and to fight against other illegal activities)

Joint marketing partners

Other vendors and professional services organizations who assist us in relation to the business or commercial purposes laid out herein

Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services

Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance

Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction

Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity

Debugging to identify and repair errors that impair existing intended functionality

undertaking internal research for technological development and demonstration

Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us

managing our career opportunities

establishing and managing our relationships with our vendors and consultants

Signature, physical characteristics or description, state identification card number, education, bank account number, credit card number, debit card number, other financial information, and medical information

From you (for instance if you create an account or apply for a position at our company)

From our affiliated companies (notably for anti-fraud and safety purposes)

Characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, disability, citizenship status, and military and veteran status

From you (for instance if you create an account or apply for a position at our company)

From consumer reporting agencies if they share with us information about bad actors)

From social media networks (for example if you log into our service through an account you have on a social media network)

From our affiliated companies (notably for anti-fraud and safety purposes)

Commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies

From you (if you purchase something from us)

Our payment service providers and fraud vendors (e.g., for anti-fraud purposes and to fight against other illegal activities)

Other vendors and professional services organizations who assist us in relation to the business or commercial purposes laid out herein

Biometric information    

From you (if you use our photo verification feature)

Vendors and professional services organizations who assist us in relation to the operation of the feature

Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements

From you (for example, logs generated as you use our services)

From users of our services (for instance through other users' interactions with you)

From advertising partners (for example, where our ads promoting our services are published on a partner's website)

Vendors and professional services organizations who assist us in relation to the business or commercial purposes laid out herein

Geolocation data

From you (if you consent that we collect and use your geolocation as you use our services)

Vendors and professional services organizations who assist us in relation to the business or commercial purposes laid out herein

Audio, electronic, visual, and similar information

From you (for instance the photo(s) you upload when you create an account with us)

From social media networks (for example if you upload photos from one of your accounts on a social media network)

From consumer reporting agencies if they share with us information about bad actors

From our affiliated companies (notably for anti-fraud and safety purposes)

Other users as part of the general operation of the service

Others, upon the instruction of a user using a profile sharing functionality

Our affiliates (in particular to prevent, detect and fight fraud or other illegal or unauthorized activities under our Terms)

Joint marketing partners

Other vendors and professional services organizations who assist us in relation to the business or commercial purposes laid out herein

Professional or employment-related information

From you (for instance if you apply for a position at or provide services to our company or if you say who your employer is in your profile)

From others (for instance from people who may be working with you as you provide services to us or who may participate to the hiring process)

Other users as part of the general operation of the service

Others, upon the instruction of a user using a profile sharing functionality

Other vendors and professional services organizations who assist us in relation to the business or commercial purposes laid out herein

Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Created from data in your profile

Vendors and professional services organizations who assist us in relation to the business or commercial purposes laid out herein

California Consumer Privacy Rights

We do not sell your personal information so no opt-out choice is necessary. What this means is that we do not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate in any way your personal information to another company for monetary or other valuable consideration.

You have the right to request, twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:

the categories and specific pieces of personal information we have collected about you;

the categories of sources from which we collected the personal information;

the business or commercial purpose for which we collected or sold the personal information;

the categories of third parties with whom we shared the personal information; and

the categories of personal information about you that we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information for a business purpose.

You have the right to request that we delete the personal information we have collected from you. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment.

How to Submit a Request: To submit an access or deletion request, click here or contact us as specified in the How To Contact Us section of our Privacy Policy. To help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your personal information or complying with your request. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

1. Who We Are

If you live in the European Economic Area (“EEA”), the United Kingdom or Switzerland, OR outside the EEA, the United Kingdom, Switzerland and Japan the company responsible for your information under this Privacy Policy (the “data controller”) is:

4XP Holdings LLC

30 N Gould St

STE R

Sheridan, WY 82801

2. Where This Privacy Policy Applies

This Privacy Policy applies to websites, apps, events and other services we operate under the 4XP or MOUV brand. For simplicity, we refer to all of these as our “services” in this Privacy Policy. To make it extra clear, we’ve added links to this Privacy Policy on all applicable services.

Some services may require their own unique privacy policy. If a service has its own privacy policy, then that policy -- not this Privacy Policy -- applies.

3. Information We Collect

It goes without saying, we can’t help you develop meaningful connections without some information about you, such as basic profile details and the types of people you’d like to meet. We also collect information about your use of our services such as access logs, as well as information from third parties, like when you access our services through your social media account or when you upload information from your social media account to complete your profile. If you want additional info, we go into more detail below.

Information you give us

You choose to give us certain information when using our services. This includes:

• When you create an account, you provide us with at least your phone number and email address, as well as some basic details necessary for the service to work, such as your gender and date of birth.

• When you complete your profile, you can share with us additional information, such as details on your bio, interests and other details about you, as well as content such as photos and videos. To add certain content, like pictures or videos, you may allow us to access your camera or photo album.

• When you subscribe to a paid service or make a purchase directly from us (rather than through a platform such as iOS or Android), you provide us or our payment service provider with information, such as your debit or credit card number or other financial information.

• When you participate in surveys, focus groups or market studies, you give us your insights into our products and services, responses to our questions and testimonials.

• When you choose to participate in our promotions, events or contests, we collect the information that you use to register or enter.

• If you contact our customer care team, we collect the information you give us during the interaction.

• If you share with us information about other people (for example, if you use contact details of a friend for a given feature), we process this information on your behalf in order to complete your request.

• Of course, we also process your chats with other members as well as the content you publish, as necessary for the operation of the services.

Information we receive from others

In addition to the information you may provide us directly, we receive information about you from others, including:

• Members Members may provide information about you as they use our services, for instance as they interact with you or if they submit a report involving you.

• Social Media You may decide to share information with us through your social media account, for instance if you decide to create and log into your 4XP account via your social media or other account (e.g., Facebook, Google or Apple) or to upload onto our services information such as photos from one of your social media accounts (e.g., Instagram or Spotify).

• Affiliates MOUV if a 4XP business. 4XP considers the safety and security of members a top priority. If you were banned from another 4XP service, your information can be shared with us to allow us to take necessary actions, including closing your account or preventing you from creating an account on our services.

• Other Partners We may receive information about you from our partners where 4XP ads are published on a partner’s service (in which case they may pass along details on a campaign’s success). Where legally allowed, we can also receive information about suspected or convicted bad actors from third parties as part of our efforts to ensure our members’ safety and security.

Information generated when you use our services

When you use our services, this generates technical data about which features you’ve used, how you’ve used them and the devices you use to access our services. See below for more details:

• Usage Information Using the services generates data about your activity on our services, for instance how you use them (e.g., when you logged in, features you’ve been using, actions taken, information shown to you, referring webpages address and ads that you interacted with) and your interactions with other members (e.g., members you connect and interact with, when you exchanged with them, number of messages you send and receive).

• Device information We collect information from and about the device(s) you use to access our services, including hardware and software information such as IP address, device ID and type, apps settings and characteristics, app crashes, advertising IDs (which are randomly generated numbers that you can reset by going into your device’ settings), identifiers associated with cookies or other technologies that may uniquely identify a device or browser.

• Other information with your consent If you give us permission, we can collect your precise geolocation (latitude and longitude). The collection of your geolocation may occur in the background even when you aren’t using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your precise geolocation, we will not collect it. Similarly, if you consent, we may collect photos and videos (for instance, if you want to publish a photo or video or participate in streaming features on our services).

4. Cookies and Other Similar Data Collection Technologies

We use and may allow others to use cookies and similar technologies (e.g., web beacons, pixels, SDKs) to recognize you and/or your device(s).

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) have a “Do Not Track” (“DNT”) feature that tells a website that a user does not want to have his or her online activity tracked. If a website that responds to a DNT signal receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many businesses, including 4XP, do not currently respond to DNT signals.

5. How We Use Information

The main reason we use your information is to deliver and improve our services. Additionally, we use your info to help keep you safe, and to provide you with advertising that may be of interest to you. Read on for a more detailed explanation of the various reasons for which we use your information, together with practical examples.

A. To administer your account and provide our services to you

• Create and manage your account

• Provide you with customer support and respond to your requests

• Complete your transactions

• Communicate with you about our services

B. To help you connect with other users

• Recommend you other members to meet

• Show members’ profiles to one another

C. To provide new 4XP services to you

• Register you and display your profile on new 4XP features and apps

• Administer your account on these new features and apps

D. To operate advertising and marketing campaigns

• Administer sweepstakes, contests, discounts or other offers

• Perform and measure the effectiveness of advertising campaigns on our services and marketing campaigns promoting 4XP off our services

• Communicate with you about products or services that we believe may interest you

E. To improve our services and develop new ones

• Administer focus groups, market studies and surveys

• Review interactions with customer care teams to improve our quality of service

• Understand how members typically use the services to improve them (for instance, we may decide to change the look and feel or even substantially modify a given feature based on how members react to it)

• Develop new features and services (for example, we may decide to build a new interests-based feature further to requests received from members).

F. To prevent, detect and fight fraud and other illegal or unauthorized activities

• Find and address ongoing, suspected or alleged violations of our Terms of Use, notably through the review of reports and interactions between members

• Better understand and design countermeasures against violations of our Terms of Use

• Retain data related to violations of our Terms of Use to prevent against recurrences

• Enforce or exercise our rights, for example our Terms of Use

• Communicate to individuals who submit a report, what we’ve done as a result of their submission

G. To ensure legal compliance

• Comply with legal requirements

• Assist law enforcement

For information on how we process personal information through profiling and automated decision-making, please email info@4xp.org .

To process your information as described in this Privacy Policy, we rely on the following legal bases:

• Provide our service to you: The reason we process your information for purposes A, B and C above is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, make it viewable to other members and recommend other members to you and to otherwise provide our free and paid features to you and other members.

• Legitimate interests: We process your information for purposes D, E and F above, based on our legitimate interest. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you and promote our own services, we process information to help keep our members safe and we process data where necessary to enforce our rights, assist law enforcement and enable us to defend ourselves in the event of a legal action.

• Comply with applicable laws and regulations: We process your information for purpose G above where it is necessary for us to comply with applicable laws and regulations and evidence our compliance with applicable laws and regulations. For example, we retain traffic data and data about transactions in line with our accounting, tax and other statutory data retention obligations and to be able to respond to valid access requests from law enforcement. We also keep data evidencing consents members give us and decisions they may have taken to opt-out of a given feature or processing.

• Consent: If you choose to provide us with information that may be considered “special” or “sensitive” in certain jurisdictions, such as your sexual orientation, you’re consenting to our processing of that information in accordance with this Privacy Policy. From time to time, we may ask for your consent to collect specific information such as your precise geolocation or use your information for certain specific reasons. In some cases, you may withdraw your consent by adapting your settings (for instance in relation to the collection of our precise geolocation) or by deleting your content (for instance where you entered information in your profile that may be considered “special” or “sensitive”). In any case, you may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy.

6. How We Share Information

Since our goal is to help you make meaningful connections, the main sharing of members’ information is, of course, with other members. We also share some members’ information with service providers and partners who assist us in operating the services, with other 4XP companies for specified reasons as laid out below and, in some cases, legal authorities. Read on for more details about how your information is shared with others.

• With other members

You share information with other members when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being visible.

If you choose to limit the audience for all or part of your profile or for certain content or information about you, then it will be visible according to your settings.

If someone submits a report involving you (such as a claim you violated our Terms of Use). We may communicate to the reporter actions, if any, we took as a result of their report.

• With our service providers and partners

We use third parties to help us operate and improve our services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing and security operations. We also share information with partners who distribute and assist us in advertising our services. For instance, we may share limited information on you in hashed, non-human readable form to advertising partners.

We follow a strict vetting process prior to engaging any service provider or working with any partner. Our service providers and partners must agree to strict confidentiality obligations.

• With our affiliates

MOUV is part of 4XP.

We share your information with affiliates for limited legitimate purposes as laid out below:

• to make all 4XP platforms safer and enable us to address (e.g., ban) bad actors found on one platform also on the others;

• for them to assist us in data processing operations, as service providers, upon our instructions and on our behalf. Their assistance may include technical processing operations, such as data hosting and maintenance, customer care, marketing and targeted advertising, analytics, finance and accounting assistance, improving our service, securing our data and systems and fighting against spam, abuse, fraud, infringement and other wrongdoings.

• We may also share information with other 4XP companies for other legitimate business purposes including corporate audit, analysis and consolidated reporting, where and as allowed under applicable law.

• Sharing functionality

You may share other members’ profiles and they may share yours with people outside of our services, using the sharing functionality.

• For corporate transactions

We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.

• With law enforcement / when required by law

We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.

• To enforce legal rights

We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our members, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

• With your consent or at your request

We may ask for your consent to share your information with third parties. In any such case, we will make it clear why we want to share the information.

We may use and share non-personal information (meaning information that, by itself, does not identify who you are such as device information, general demographics, general behavioral data, geolocation in de-identified form), as well as personal information in hashed, non-human readable form, under any of the above circumstances. We may also share this information with other 4XP companies and third parties (notably advertisers) to develop and deliver targeted advertising on our services and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine this information with additional non-personal information or personal information in hashed, non-human readable form collected from other sources.

7. Cross-Border Data Transfers

Sharing of information involves cross-border data transfers to the United States of America and other jurisdictions that may have different laws about data processing. When we transfer personal information outside of the EEA, the United Kingdom, Switzerland or other countries which data protection laws have been deemed adequate by the European Commission or other competent governmental body, we use standard contract clauses(standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data) or other appropriate transfer mechanism.

8. Your Rights

We want you to be in control of your information, so we want to remind you of the following options and tools available to you:

• Access / Update tools in the service. Tools and account settings can help you access, rectify or remove information that you provided to us and that’s associated with your account directly within the service.

• Device permissions. Mobile platforms can have permission systems for specific types of device data and notifications, such as phone contacts, pictures, location services, push notifications and advertising identifiers. You can change your settings on your device to either consent or oppose the collection or processing of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose functionality.

• Uninstall. You can stop all information collection by an app by uninstalling it using the standard uninstall process for your device. Remember that uninstalling an app does NOT close your account. To close your account, please use the corresponding functionality on the service.

• Account closure. You can close your account by using the corresponding functionality directly on the service.

We also want you to be aware of your privacy rights. Here are a few key points to remember:

• Reviewing your information. Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability, right to know or variations of those terms). You can exercise this right by emailing info@4xp.org

• Updating your information. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, object to or restrict its processing, please contact us info@4xp.org

For your protection and the protection of all of our members, we may ask you to provide proof of identity before we can answer the above requests. Keep in mind, we may reject requests, including if we are unable to authenticate you, if the request is unlawful or invalid, or if it may infringe on trade secrets or intellectual property or the privacy or other rights of someone else. If you wish to receive information relating to another member, such as a copy of any messages you received from them through our service, the other member will have to contact us to provide their written consent before the information is released. We may also ask them to provide proof of identity before we can answer the request. Also, we may not be able to accommodate certain requests to object to or restrict the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth and thus cannot ensure that you are 18 years of age or older. In certain countries, including in the European Economic Area and the United Kingdom, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information.

9. How Long We Retain Your Information

We keep your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law. If you decide to stop using our services, you can close your account and your profile will stop being visible to other members. Note that we will close your account automatically if you are inactive for a period of two years. After your account is closed, we will delete your personal information, as laid out below:

1.    To protect the safety and security of our members, we implement a safety retention window of three months following account closure, or one year following an account ban. During this period, we keep your information in the event that it might be necessary to investigate unlawful or harmful conducts. The retention of information during this safety retention window is based on our legitimate interest as well as that of potential third-party victims.

2.    Once the safety retention window elapses, we delete your data and only keep limited information for specified purposes, as laid out below:

·       a) We maintain limited data to comply with legal data retention obligations: in particular, we keep transaction data for 10 years to comply with tax and accounting legal requirements, credit card information for the duration the user may challenge the transaction and “traffic data” / logs for one year to comply with legal data retention obligations. We also keep records of consents members give us for five years to evidence our compliance with applicable law.

·       b) We maintain limited information on the basis of our legitimate interest: we keep customer care records and supporting data as well as imprecise location of download/purchase for five years to support our customer care decisions, enforce our rights and enable us to defend ourselves in the event of a claim, information on the existence of past accounts and subscriptions, which we delete three years after the closure of your last account to ensure proper and accurate financial forecasting and reporting, profile data for one year in anticipation of potential litigation, for the establishment, exercise or defence of legal claims, and data necessary to prevent members who were banned from opening a new account, for as long as necessary to ensure the safety and vital interests of our members.

·       c) Finally, we maintain information on the basis of our legitimate interest where there is an outstanding or potential issue, claim or dispute requiring us to keep information (in particular if we receive a valid legal subpoena or request asking us to preserve data (in which case we would need to keep the data to comply with our legal obligations) or if data would otherwise be necessary as part of legal proceedings).

10. Children's Privacy

Our services are restricted to individuals who are 18 years of age or older. We do not permit individuals under the age of 18 on our platform. If you suspect that a member is under the age of 18, please use the reporting mechanism available on the service.

11. Job Candidates, Contractors and Vendor Representatives

We process the personal information of our job candidates, contractors and vendor representatives, as part of our recruitment and talent management operations and our management of the services that contractors and vendors provide to us. If you are a job candidate, contractor or vendor representative of 4XP, certain relevant terms of this Privacy Policy apply to our processing of your personal information.

If you are a job applicant, the personal information we process about you may vary depending on the job you seek but typically includes what you provide to us as part of your job application as well as professional qualifications, background and reference information that recruiters or other third parties share with us. We use this information to support the recruitment process, which may lead to an employment contract. For contractors and vendor representatives, we may process identification information and work-related information, as necessary to manage our relationship with you and your employer, which is necessary for the performance of the services agreement, and to establish, exercise or defend potential legal claims. We may share personal information with service providers that assist us with recruitment and technical data processing operations as well as with 4XP companies (for instance if you have a business relationship with employees of an affiliate). We keep your personal information only as long as necessary for those purposes.

12. Privacy Policy Changes

Because we’re always looking for new and innovative ways to help you build meaningful connections and strive on making sure explanations about our data practices remain up-to-date, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes.

13. How to Contact Us

If you have questions about this Privacy Policy, you have different options below:

Email: info@4xp.org

Mail: The address listed above.

Community Guidelines

Welcome to the MOUV community. If you’re honest, kind and respectful to others, you’ll always be welcome here. If you choose not to be, you may not last. Our goal is to allow users to express themselves freely as long as it doesn’t offend others. Everyone is held to the same standard on MOUV. We’re asking you to be considerate, think before you act, and abide by our community guidelines both on and offline. You heard that right: your offline behavior can lead to termination of your MOUV account.

Below is a list of our community policies. If you violate any of these policies, you might be banned from MOUV. Seriously, don’t make us Swipe Left on you—because there will be no do-overs once we do. We encourage you to report any violation policies.

MOUV is not for:

Nudity/Sexual Content

We’re not asking you to comb your hair to one side or even speak in full sentences; but please keep it classy and appropriate for public consumption. No nudity, no sexually explicit content, and don’t chronicle all of your sexual desires in your bio. Keep it clean.

Harassment

Do not engage, or encourage others to engage, in any targeted abuse or harassment against any other user. This includes sending any unsolicited sexual content to your matches. Reports of stalking, threats, bullying, or intimidation, are taken very seriously.

Violence and Physical Harm

We do not tolerate violent, graphic, or gory content on MOUV, or any actions or content that advocate for or threaten violence of any sort, including threatening or promoting terrorism. Physical assault, coercion, and any acts of violence are strictly prohibited.

Content that advocates for or glorifies suicide or self-harm is also not allowed. In these situations, we may take a number of steps to assist the user, including reaching out with crisis resources.

Hate Speech

Any content that promotes, advocates for, or condones racism, bigotry, hatred, or violence against individuals or groups based on factors like (but not limited to) race, ethnicity, religious affiliation, disability, gender, age, national origin, sexual orientation, or gender identity is not allowed.

Private Information

Don’t publicly broadcast any private information, yours or anyone else’s. This includes social security numbers, passports, passwords, financial information or unlisted contact information, such as phone numbers, email addresses, home/work address.

Spam

Don’t be fake. Be real instead. Don’t use MOUV to drive people to external websites via a link or otherwise.

Promotion or Solicitation

Soliciting other users is prohibited on MOUV. It’s fine to invite your matches to something that you’re doing, but if the purpose of your profile is to advertise your event or business, non-profit, political campaign, contest, or to conduct research, we may delete your account. While we’re excited that you’re doing a comedy show next week, please don’t use MOUV to promote it.

Prostitution and Trafficking

Promoting or advocating for commercial sexual services, human trafficking or other non-consensual sexual acts is strictly prohibited and will result in your account being banned from MOUV.

Scamming

MOUV has a zero-tolerance policy on predatory behavior of any kind. Anyone attempting to get other users’ private information for fraudulent or illegal activity may be banned. Any user caught sharing their own financial account information (PayPal, Venmo, etc.) for the purpose of receiving money from other users may also be banned from MOUV.

Impersonation

Be yourself! Don’t pretend to be someone else.

Do not impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity. This includes parody accounts. While we think your Mike Pence profile is hilarious, you aren’t Mike Pence. And if you are, what are you doing on MOUV?

Minors

You must be 18 years of age or older to use MOUV. As such, we do not allow images of unaccompanied minors. If you want to post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, encourages harm to a minor, or depicts a minor in a sexual or suggestive way, please report it immediately.

Copyright and Trademark Infringement

If it’s not yours, don’t post it. If your MOUV profile includes any work that is copyrighted or trademarked by others, don’t display it, unless you are allowed to do so.

Illegal Usage

Don’t use MOUV to do anything illegal. If it’s illegal IRL, it’s illegal on MOUV.

One Person, One Account

MOUV accounts cannot have multiple owners, so don’t create an account with your friend or significant other. Additionally, please don’t maintain multiple MOUV accounts.

Third Party Apps

The use of any apps created by anyone other than MOUV that claim to offer our service or unlock special MOUV features (like auto-swipers) is not allowed.

Account Dormancy

MOUV is fun to use... all the time! Use MOUV at the lake, use MOUV while eating cake. Use MOUV when you’re out, use MOUV when in doubt! But, if you don’t log in to your MOUV account in 2 years, we may delete your account for inactivity.