Legal
Terms of Use
Please read Section 17. It requires most disputes to be resolved by binding individual arbitration rather than in court, and it waives class actions. You may opt out of arbitration within 30 days, as Section 17 explains.
1. Agreement
These Terms of Use ("Terms") are an agreement between you and Mutagenic Labs, LLC, a Delaware limited liability company ("Mutagenic," "we," "us"). They govern your use of all of our websites, software products, apps, services, phone and text-message lines, events and related communications, including mutagenic.io and the products listed there (together, the "Services"). By using the Services, you agree to these Terms, our Privacy Policy and, for text messages, our SMS Terms. If you do not agree, do not use the Services.
If you use the Services for an organization, you agree to these Terms for that organization and confirm that you have authority to do so; "you" then includes the organization.
2. Signed agreements come first
If you or your organization has signed an agreement with us, such as a master services agreement, order form, statement of work, data processing addendum or non-disclosure agreement (a "Signed Agreement"), the Signed Agreement controls wherever it conflicts with these Terms, including on fees, data, confidentiality, warranties, liability and dispute resolution. Custom development and confidential engagements are governed by their Signed Agreements. Some products have additional terms, which apply to those products alongside these Terms.
3. Business use and eligibility
The Services are offered for business and professional use. You must be at least 18 years old and able to form a binding contract. You may not use the Services if the law prohibits you from doing so.
4. Accounts
Some Services require an account. Keep your credentials confidential, give accurate information, and tell us promptly at hello@mutagenic.io if you suspect unauthorized use. You are responsible for activity under your account and for the users you authorize.
5. Acceptable use
You agree not to:
- break any law or violate anyone's rights, including privacy, consumer-protection, telemarketing and anti-spam laws;
- send unsolicited or unlawful messages, or use the Services to contact people without any consent the law requires;
- upload malicious code, or probe, scan, overload or interfere with the Services or their security;
- access the Services by automated means except through interfaces we provide for that purpose, or access data you are not authorized to access;
- copy, modify, reverse engineer or create derivative works of the Services, except as the law expressly permits;
- resell, sublicense or provide the Services to others except as a Signed Agreement allows;
- use the Services to build a competing product, or to train an AI model that competes with the Services; or
- misrepresent your identity or your affiliation with anyone.
We may suspend access that we reasonably believe violates this section or threatens the Services or others.
6. Your content
You keep ownership of the content and data you submit to the Services ("Your Content"). You give us permission to host, process, transmit and display Your Content only as needed to provide, secure and support the Services for you, and as your Signed Agreement or our Privacy Policy describes. You are responsible for Your Content and for having the rights and consents needed to submit it, including consent from people whose information you submit.
7. AI features
Some Services use artificial intelligence. AI output can be incomplete, inaccurate or unsuitable for your purpose. You are responsible for reviewing output before you rely on it or share it, and for supervising AI features you deploy in your own business as the law and your professional obligations require. We do not use Your Content to train AI models.
8. Not professional advice
Mutagenic is a software and services company. It is not a law firm, accounting firm, investment adviser or broker-dealer, and nothing in the Services is legal, tax, accounting, investment or other professional advice. Using the Services does not create an attorney–client or other professional relationship with Mutagenic or anyone associated with it. Mutagenic's founder is a licensed attorney whose separate law practice is not part of Mutagenic and does not provide the Services. Any research, data or commentary we publish is for information only.
9. Our intellectual property
The Services, including their software, design, text, graphics and trademarks, are owned by Mutagenic or its licensors and protected by law. Subject to these Terms and any Signed Agreement, we give you a limited, revocable, non-exclusive, non-transferable right to use the Services for your internal business purposes. We reserve all rights not expressly granted.
10. Feedback
If you send us ideas or suggestions, we may use them without restriction or payment to you, but we will not identify you as their source without your permission.
11. Confidentiality of submissions
Information you send through our websites, forms or general inquiries is not confidential unless a Signed Agreement, such as a non-disclosure agreement, says it is. Please do not send confidential or sensitive information until such an agreement is in place.
12. Third-party services
The Services may link to or work with third-party websites, software and services. We do not control them and are not responsible for them, and your use of them is governed by their own terms.
13. Previews and changes to the Services
Features labeled beta, preview or early access are provided for evaluation, may change or end at any time, and may be less reliable. We may change, suspend or discontinue any part of the Services. If you have a Signed Agreement, it controls any commitment we have made about availability.
14. Disclaimer of warranties
EXCEPT AS A SIGNED AGREEMENT EXPRESSLY PROVIDES, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, MUTAGENIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE.
15. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, AND EXCEPT AS A SIGNED AGREEMENT EXPRESSLY PROVIDES: (A) MUTAGENIC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, EVEN IF ADVISED THEY WERE POSSIBLE; AND (B) MUTAGENIC'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID MUTAGENIC FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED U.S. DOLLARS ($100).
These limits apply to every theory of liability and even if a remedy fails of its essential purpose. They do not limit liability for fraud, willful injury, or anything else the law does not allow to be limited.
16. Indemnity
You will defend, indemnify and hold harmless Mutagenic and its members, officers, employees and agents from third-party claims, and the resulting losses, damages and reasonable attorneys' fees, arising from Your Content, your use of the Services in violation of these Terms or the law, or your violation of anyone's rights. We will give you prompt notice of the claim and reasonable cooperation, and you may not settle a claim that imposes obligations on us without our written consent.
17. Dispute resolution and arbitration
(a) Talk to us first. Before starting arbitration or a court case, the party with a dispute must send a written notice describing it to the other party (to us at hello@mutagenic.io). Both parties will try in good faith to resolve it for 30 days.
(b) Binding arbitration. If the dispute is not resolved, any dispute, claim or controversy arising out of or relating to the Services or these Terms, including their formation, scope, interpretation or enforceability, will be resolved by final and binding arbitration administered by JAMS under its arbitration rules then in effect, including its Streamlined rules where they apply. There will be a single arbitrator. The arbitration will take place in Los Angeles County, California, or by video conference if the parties agree. The arbitrator may award any individual relief a court could award, and judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section 17. In arbitration, there is no judge or jury, and review of the award is limited.
(c) Individual claims only. Each party may bring claims only in its individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or award class-wide relief. If this paragraph (c) is found unenforceable for a particular claim, that claim must proceed in court, not in arbitration, and will be stayed until the individual claims are arbitrated.
(d) Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may seek temporary or preliminary injunctive relief in court to protect its intellectual property or confidential information. A claim for public injunctive relief, to the extent the law does not permit it to be waived or arbitrated, will be decided by a court after the arbitration of all other claims is complete.
(e) Mass filings. If 25 or more substantially similar demands for arbitration are filed against us by or with the help of the same or coordinated counsel, they will be administered in batches of up to 25 under JAMS's mass arbitration procedures, and the parties will cooperate in good faith to resolve them efficiently.
(f) Who decides. The arbitrator decides questions about the scope and enforceability of this Section 17, except that a court decides disputes about paragraphs (c) and (e).
(g) Fees. Arbitration fees are paid under JAMS's rules. Each party pays its own attorneys' fees, unless the arbitrator awards them under applicable law or the arbitrator finds a claim was frivolous.
(h) Opting out. You may opt out of this Section 17 by emailing hello@mutagenic.io within 30 days after you first accept these Terms, with your name, organization and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms.
(i) Signed Agreements. If a Signed Agreement contains its own dispute-resolution terms, those terms control for disputes under it.
18. Governing law and venue
California law governs these Terms and any dispute relating to the Services, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 17. For any matter not subject to arbitration, and to enforce an arbitration award, you and Mutagenic agree to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
19. Suspension and termination
You may stop using the Services at any time, subject to any Signed Agreement. We may suspend or end your access if you violate these Terms, if required by law, or to protect the Services or others. Sections 6 through 12 and 14 through 21 survive termination.
20. Changes to these Terms
We may update these Terms. We will post the new version here with a new effective date and, for material changes, give reasonable notice, for example by email or in the Services. Changes apply from their effective date and do not apply to disputes already noticed under Section 17(a). Continuing to use the Services after a change means you accept it.
21. General
- Entire agreement. These Terms, together with the Privacy Policy, SMS Terms, any product-specific terms and any Signed Agreement, are the entire agreement between you and Mutagenic about the Services.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect, except as Section 17(c) provides.
- No waiver. Not enforcing a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Notices and electronic communications. You agree to receive notices from us electronically. Notices to us go to hello@mutagenic.io.
- Relationship. These Terms create no partnership, joint venture, employment or agency relationship.
- Export and sanctions. You will comply with U.S. export-control and sanctions laws in using the Services.
- Headings. Headings are for convenience only.
22. Contact
Mutagenic Labs, LLC · hello@mutagenic.io