End-User License Agreement (EULA)

This EULA defines the legal use of MAVN, all the updates, revisions, substitutions, and any copies of MAVN app made for you. MAVN provides certain websites, including the websites available at the domain name www.mavn.is and certain services made available to registered users of the sites, on behalf of Torchy's SMU and other merchants. Policies set forth in this document shall apply to both MAVN and Torchy's SMU as relates to your use of the MAVN service.

PLEASE READ THIS EULA CAREFULLY.
BY INDICATING YOUR ACCEPTANCE, AND/OR BY DOWNLOADING, REGISTERING OR USING THE SERVICES OF MAVN, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. LICENSED USES AND RESTRICTIONS

MAVN is protected by copyrights, international treaties, and/or other proprietary rights and laws of the State of Texas and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this EULA.

2. RIGHTS

You may not use MAVN in a manner that breaches this Agreement or the laws of the State of Texas. More precisely, you may not attempt or authorize, encourage or support others’ attempts to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the services. You agree to inform MAVN of any unauthorized use(s) or attempt(s). You also agree to be fully liable for any such unauthorized access. The services are for your personal use only and you may not copy, distribute, sell or exploit the services and/or products for any commercial purposes.

3. DESCRIPTION OF SERVICES

Subject to your compliance with the Terms and Conditions of this Agreement, MAVN will provide the services to you after you have successfully completed the registration of the services on the sites. Upon MAVN’s acceptance, of your registration of these services, MAVN will allow you to proceed by displaying a menu and you may chose to set up an account, store prior history or payment information. Once you proceed, past the phone number display page and select “Place an Order”, your authorization is validated and we grant you the status as an authorised user of the services. From this, you will be able to make use of the internet enabled devices to place your orders and settle transactions for the purchase of certain third party products(each a “Product”) contained in an order catalogue, as updated by MAVN or the third party from time to time(“Product Catalogue”). The communication standards for the services include, but are not limited to: SMS, GRPS and web-based browser technology, provided that in order to use the SMS-based services, you must maintain an active account with a carrier of electronic.

4. AVAILABILITY OF SERVICES

4.1 You agree and acknowledge that the availability and delivery of SMS of web- based browsing is not guaranteed. You acknowledge that the services may differ depending on the carrier with whom you have an account and the carrier’s ability to support the services.
4.2 In case that your carrier fails to deliver any communication to MAVN or a provider of any Product in the due time or due to limitation of service availability, MAVN shall not be held liable for any loss or damages.

5. PAYMENTS AND BILING

You agree that the full costs for each order you place (the prices are subject to changes without prior notice) assessed against your credit card or charge card. You agree that a web-browser command originating from your account constitutes an authorization for MAVN to charge this amount to your credit card or charge card. You assume all liability and shall pay any and all charges. You also agree to pay for any and all orders placed from your account, regardless of whether you receive the Products. In addition, you agree to pay all fees charges from your carrier in connection with your use of the services.

6. TERMINATION OF AGREEMENT

MAVN may terminate this Agreement and without notice if (a) MAVN receives repeated faulty orders for the Products, including but not limited to the use of erroneous orders or duplicate requests for Products, (b) your use of the services is resulting in excessive charge backs on the credit card associated with your account, (c) you fail to make payments on the due date, or (d) MAVN believes that you have violated or acted inconsistently with the spirit of this Agreement. After suspension or termination, you may be required to respond to an authenticating message to reactivate your account or pay a reactivation fee.

7. LIMITATION OF LIABILITY

MAVN or its Officers, Directors, Employees, Affiliates, Agents or Licensors shall not be held liable to you for claims and liabilities of any kind arising out of or in any way related to the use of MAVN by you or by third parties. Shall any provisions of the Agreement render MAVN liable for losses, damages and so forth, under applicable laws, the Parties agree that MAVN’s liability to you will be limited to the total amount of license fees paid by you.

8. PRIVACY OF DATA

As part of the registration process, you will provide personal information. MAVN has an unrestricted right to collect and use any such information you provide in regard to the services, provided that it is in accordance with our Privacy Policy.

9. CHANGES TO THIS AGREEMENT AND SERVICES

MAVN reserves a discretionary right to edit, modify, append or replace these terms and conditions at any time by posting such modifications on the sites. Continuous use of the services shall indicate your explicit consent to accept the modified agreement. MAVN reserves the rights in its sole discretion to modify the services from time to time and without notice by removing or modifying products and/or third party vendors from the Product Catalogue. If you do not feel comfortable with the changes, you shall discontinue the use of the service, but continuous use shall be deemed as your approval to the changed provisions.

10. GOVERNING LAW

This EULA and the relationship between you and MAVN are governed by the laws of the State of Texas and to the exclusive jurisdiction of the federal and state courts of the Central Texas.

User Privacy Policy

Scope

MAVN takes your privacy seriously. This policy explains how MAVN collects, uses and protects Information submitted and collected as part of its web-based service, mobile-application and generally on its website (collectively, the Website).

Information

means information that determines the identity of an individual.

Collection

Checkout Data:

When checking out on our Website you will provide Information, such as, name, name, address, phone number and email address.

• Stored payment information is encrypted and governed by our PCI Compliance Program.

Cookies:

Our servers may retain information in cookies about your session when you enter and use our Website.

Location Data:

For the purposes of providing an accurate, location-based ordering system, we track geo-location data.

Uses

Use of Information:

We will use Information and geo location data to provide our service, provide information to merchants, provide support, and to improve our Website.

PCI Compliance:

We process and retain data as part of our PCI Compliance Program. Due to PCI requirements, we do not participate in the Do Not Track header. http://donottrack.us

Service Providers:

We do not disclose Information to third parties, except to certain service providers:

• credit card processors,
• email providers,
• point-of-sale providers,
• SMS providers,
• loyalty providers,
• hosting provider, and
• other contractors providing services on our behalf.

Cookies:

We use cookies and other collected information to improve and further develop our Website, to keep your session active and to customize your experience. The cookies are stored on your computer. You can delete them or reject them, but if you do you cannot use our service.

Aggregate Non-Identifiable Information:

We use and own aggregate non-identifiable data and use it to improve our services and for other business purposes.

Server Logs:

Our server logs record system information when you view our Website.

Email Marketing:

You may receive marketing emails from us. You can always ‘UNSUBSCRIBE‘ or ‘OPT-OUT’ of those emails within the body of the email.

Disclosure and Sharing

Legal Requirements:

We may be required by law to disclose your Information, and we will try to take steps to limit any such disclosure.

Change of Ownership:

If we are acquired or otherwise sell our business, we will transfer all of the Information to the successor entity. We will try to notify you of any change in ownership or sale by either posting it on our site or by emailing you (at the email address in the system).

Other Terms

Application of this Policy:

By ordering on our Website, you agree to comply with the terms of this Privacy Policy and that we may process your Information.

Industry Standard Security:

While we use industry standard security measures to protect against the loss, misuse and alteration of the information under our control, there is no guaranty that our service cannot be compromised.

No Under Age 13:

We do not intentionally gather Information about visitors who are under the age of 13.

Privacy Complaints

Contact Us First (Please):

If you have a dispute or complaint about privacy practices or a request to change your information, please first contact us regarding the issue. We will try to resolve it!

Contact:

contact@mavn.is

Physical Address:

PO BOX 80533
Austin, TX 78708

Links to Third Party Sites:

Our websites may contain links to other sites and services, which are owned and controlled by others. These websites have their own policies regarding privacy, and you should review those policies.

Revisions to this Policy:

We may change this policy at any time. Notice of any significant revision will be called out on this website for a period of time.

Returns

Returns, exchanges and other compensation are handled at the level of the end merchant only. MAVN is not authorized to grant returns without the permission of the end merchant.

Security

Your payment and personal information is always safe. Our Transport Layer Security (TLS) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet. We use multiple advanced firewalls to protect our servers from unauthorized access, and have partnered with respected 3rd parties to verify our security. We use automated systems to notify our staff of security bulletins and other relevant information. We never store any sensitive user information without high-grade encryption.

Social Login Data

If you opt into using Facebook or Google login, MAVN will collect certain information from either service to facilitate login into MAVN. For Facebook, this includes your public profile and e-mail address. For Google, this includes your e-mail address and what is known as the "plus login" scope, which facilitates login for a Google user. These are the only pieces of information we require to provide you with easy login into MAVN.

Last revised: 2018/01/04