⁺Disclaimers
MercySeat Content Creator Incentive (“MCCI”): The terms related to participation in the MCCI shall be outlined in a written MCCI Agreement.
MercySeat Feedback Program (“MFP”): The terms related to participation in the MFP shall be outlined in a written MFP Agreement.
MercySeat Closed Beta Program (“MCBP”): The terms related to participation in the MCBP shall be outlined in a written MCBP Agreement.
Terms of Use Agreement
Effective Date: September 25, 2024
1.1 Introduction. This website, located at https://www.mercyseat.app (the “Site”), is owned and operated by MERCYSEAT, LLC, a Texas Limited Liability Company (“MercySeat”). This Terms of Use Agreement, including any future modifications that MercySeat chooses to make to such at any time in MercySeat’s sole discretion (the “Agreement”), shall govern your use of the Site. You hereby agree that you alone are responsible for your use of the Site. By accessing or using the Site in any manner, you agree to be bound by the Agreement, just as if you had physically signed the Agreement. If you do not agree to the terms and provisions of the Agreement, you may not use the Site, and you are hereby directed to immediately discontinue use of the Site. Individuals under the age of 13 years are not permitted to use this Site. You may not, in any way whatsoever, whether through your use of the Site, or by reason of your use of the Site, violate any law whatsoever. You agree that all consequences resulting from violations of law resulting in any way from your use of the Site are solely your consequences to bear, and you hereby agree to fully and completely indemnify MercySeat and Other Released and Indemnified Parties (as such term is defined herein) concerning such consequences in accordance with the indemnification provisions outlined in Section 2.2 of this Agreement. MercySeat may deny you use of the Site and may deny you participation in any programs identified on the Site, and may revoke your participation in any such programs, at any time and for any reason whatsoever or for no reason at all, without prior notice or notice of any kind whatsoever, all in MercySeat’s sole discretion, and MercySeat shall have no liability to you whatsoever for such decision. MercySeat’s failure to or decision not to deny or revoke such shall not in any way relieve you of being obligated to comply with all of your obligations under this Agreement. Regardless of such denial of participation or revocation of participation, the terms and provisions of this Agreement shall remain in full force and effect unless terminated by MercySeat in MercySeat’s sole discretion, and the terms shall remain in full force and effect with respect to your past and future use of the Site. MercySeat is based in the United States and the Site is hosted in the United States.
1.2 License and Intellectual Property. All intellectual property appearing on this Site and/ or in any materials made available to you through this Site or from MercySeat or any of its representatives, including but not limited to writings, files, images, videos, sounds, names of any kind, logos and designs (“IP”) is the property of MercySeat, users of the MercySeat platform, or some other party (collectively, the “IP Owners”), as may be the case, and such is not your property. The IP is protected by copyright, trademark, patent, trade secret and other laws. The IP is owned by its respective IP Owner and they retain all rights in and to their IP, respectively. The IP Owners hereby grant to you a limited, non-exclusive, non-sublicensable, nontransferable, revocable license to access and view on the Site, in the United States and under all circumstances in accordance with this Agreement, the IP (excluding any software code), solely for your personal or internal business purposes.
1.3 Restrictions. Except as provided in this Agreement, or by other written consent signed by the IP Owners, you may not copy, download, reproduce, duplicate, alter, present, distribute, appropriate, reverse engineer, or utilize in any manner whatsoever any portion of the Site or the IP. Without limiting the foregoing in any manner, you may not do any of the following:
– Use the Site or the IP for an unauthorized purpose;
– Attempt to gain unauthorized access to any part of the Site or the IP;
– Interfere with, damage, disable, disrupt, impair, or create an undue burden on the Site or the IP;
– By any means, gain access to any of the information from the Site or its data that is not publicly visible;
– Attempt to or actually gain access to and/ or utilize information about the visitors of the Site;
– Attempt to solicit the users of the Site utilizing the Site or information obtained through the Site;
– Through others, do in any way that which is prohibited by this Agreement;
– Through any means whatsoever, index, frame, or link to the Site, the IP, or content appearing on the Site;
– Utilize, in any way, any automated means whatsoever, to interact with the Site, the IP, or any content appearing on the Site.
By using the Site you acknowledge and consent to the following:
– MercySeat may access, preserve, and/ or disclose your information/ data (including possibly information/ data of a personal nature) that MercySeat obtains from you and/ or about you and/ or about your use of the Site as a result of your use of the Site. MercySeat may do such as MercySeat sees fit in its sole discretion and to the fullest extent permitted by law.
– For details regarding MercySeat’s use of your personal information/ data, please see our Privacy Policy below (the “Privacy Policy”) which is incorporated into and is made a part of this Agreement by this reference.
1.4 Third-Parties. By choosing to interact with links to third-party sites, applications, services or other resources (“Third-Parties”) found on the Site you are doing so at your own risk. You agree that under such circumstances you are interacting solely with such Third-Parties and not with MercySeat. MercySeat makes no representations or warranties whatsoever, express or implied or otherwise as to those Third-Parties and the services they provide, including but not limited to the Third-Parties privacy practices and the safety of such Third-Parties and their services, and MercySeat does not endorse such Third-Parties of their services. MercySeat is not responsible for the consequences of your use of the Third-Parties or their services and you agree that neither MercySeat nor the Other Released and Indemnified Parties (as such term is defined herein) shall in any way be liable to you in any manner whatsoever related to your interaction with such Third-Parties and their services. Regardless of links to such Third-Parties being found on the Site, by choosing to interact with such Third-Parties and their services, you do so at your own risk.
2.1 No Warranties. THE SITE, THE IP, ALL CONTENT FOUND ON THE SITE, THIRD-PARTY CONTENT ACCESSED THROUGH LINKS MADE AVAILABLE ON THE SITE, AND THE PROGRAMS IDENTIFIED ON THE SITE (INCLUDING BUT NOT LIMITED TO THE MERCYSEAT CONTENT CREATOR INCENTIVE, THE MERCYSEAT FEEDBACK PROGRAM, AND THE MERCYSEAT CLOSED BETA PROGRAM) (COLLECTIVELY, THE “CONTENT AND SERVICES”) ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MERCYSEAT DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULT FROM YOUR USE OF THE CONTENT AND SERVICES. MERCYSEAT MAKES NO GUARANTEE TO YOU WHATSOEVER REGARDING THE CONTINUOUS AVAILABILITY OF THE CONTENT AND SERVICES. MERCYSEAT DISCLAIMS ALL WARRRANTIES OF ANY AND EVERY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INLCUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE CONTENT AND SERVICES. MERCYSEAT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING YOUR USE OF THE CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO YOUR SAFETY OR THE SAFETY OF YOUR PROPERTY IN YOUR USE OF THE CONTENT AND SERVICES. MERCYSEAT MAKES NO REPRESENATIONS OR WARRANTIES WHATSOEVER REGARDING THE TRUTHFULNESS, ACCURACY, AND RELIABILITY OF THE CONTENT AND SERVICES. MERCYSEAT SHALL NOT, UNDER ANY CIRCUMSTACES, BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE WHATSOEVER RESULTING FROM YOUR USE OF THE CONTENT AND SERVICES. YOUR INTERACTION WITH THIRD-PARTIES IS INTERACTION THAT IS BETWEEN YOU AND THEM AND YOU ENGAGE IN SUCH INTERACTION AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE ENTIRE AMOUNT OF ALL COSTS AND AMOUNTS INCURRED RESULTING IN ANY WAY FROM YOUR USE OF THE CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO ALL COSTS AND AMOUNTS OF ANY REQUIRED MAINTENANCE TO, REPAIR OF, OR REPLACEMENT OF YOUR COMPUTER SYSTEMS, OR OTHER PROPERTY, AS WELL AS THE ENTIRE COST OF ANY NECESSARY DATA RECOVERY.
2.2 Limitation of Liability. YOU AGREE TO SAVE AND HOLD HARMLESS MERCYSEAT AND OTHER RELEASED AND INDEMNIFIED PARTIES (AS SUCH TERM IS DEFINED HEREIN), FULLY AND COMPLETELY RELEASE AND FOREVER DISCHARGE MERCYSEAT AND OTHER RELEASED AND INDEMNIFIED PARTIES (AS SUCH TERM IS DEFINED HEREIN), AND SHALL FULLY AND COMPLETELY INDEMNIFY MERCYSEAT AND MERCYSEAT’S OWNERS, MEMBERS, MANAGERS, GOVERNING INDIVIDUALS AND/ OR GOVERNING ENTITIES, OFFICERS, EMPLOYEES, AGENTS, INSURERS, LEGAL REPRESENTATIVES, ATTORNEYS, AFFILIATES, SUBSIDIARIES, PREDECESSORS, AND/ OR SUCCESSORS (SUCH PARTIES BEING COLLECTIVELY REFERENCED HEREIN AS “OTHER RELEASED AND INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL PAST ACCRUING, PRESENT, OR FUTURE LOSS, COSTS, FEES, EXPENSES, LIABILITIES, OBLIGATIONS, RIGHTS, DEMANDS, CLAIMS, ACTIONS, CAUSES OF ACTION, TORTS, SUITS, DAMAGES, COMPENSATIONS, AND/ OR SUMS OF MONEY OF ANY AND EVERY TYPE, KIND, AND NATURE WHATSOEVER, WHETHER ASSERTED OR SOUGHT AT LAW OR IN EQUITY OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, DIRECT OR INDIRECT, VESTED OR CONTINGENT, BASED ON ANY THEORY OF RECOVERY, WHICH YOU AND/ OR ANY OF YOUR OWNERS, MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, GOVERNING INDIVIDUALS AND/ OR GOVERNING ENTITIES, OFFICERS, ADMINISTRATORS, EMPLOYEES, CONGREGANTS, CUSTOMERS, FOLLOWERS, PARTNERS, AGENTS, INSURERS, UNDERWRITERS, SURETIES, LEGAL REPRESENTATIVES, ATTORNEYS, AFFILIATES, SUBSIDIARIES, ASSIGNS, PREDECESSORS, AND/ OR SUCCESSORS, MAY NOW ASSERT OR SEEK, OR WHICH MAY HEREAFTER ACCRUE OR OTHERWISE BE ACQUIRED THAT ARE OR MAY BE ASSERTED OR SOUGHT AGAINST MERCYSEAT AND/ OR ANY OF THE OTHER RELEASED AND INDEMNIFIED PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE CONTENT AND SERVICES, THE SITE, AND/ OR THE MERCYSEAT PLATFORM, AND REGARDLESS OF WHEN SUCH ARISES OR AROSE.
2.3 Use in Other Jurisdictions. THE CONTENT AND SERVICES ARE BEING MADE AVAILABLE IN THE UNITED STATES OF AMERICA. MERCYSEAT AND OTHER RELEASED AND INDEMNIFIED PARTIES DO NOT REPRESENT THAT THE CONTENT AND SERVICES ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. IF YOU CHOOSE TO USE THE CONTENT AND SERVICES FROM A LOCATION OTHER THAN THE UNITED STATES YOU ARE DOING SO ON YOUR OWN INITIATIVE, AND IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE COMPLYING WITH ALL LOCAL LAWS APPLICABLE TO SUCH USE.
3.1 Binding Arbitration. This Agreement and your use of the Content and Services shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. In the event of a dispute related to this Agreement, the interpretation of this Agreement, or your use of the Content and Services you agree to attempt, in good faith, to resolve the dispute. Any and all disputes not settled after thirty (30) days shall be subject to binding, confidential arbitration conducted by JAMS in Austin, Texas. The arbitration shall be initiated and conducted pursuant to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures (“Arbitration Rules”) including the Optional Appeals Procedure. The arbitration shall be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow Texas law and the Federal Rules of Evidence in adjudicating the dispute. The arbitrator also has the authority to grant provisional remedies, including, without limitation, injunctive relief. A prevailing party at arbitration may seek enforcement of the arbitrator’s order in any relevant court. You agree that no claim, regardless of form, arising out of or in connection with this Agreement or your use of the Content and Services may be brought by you more than one (1) year after the cause of action has arisen despite any applicable Statutes of Limitation to the contrary. In any action or suit or arbitration to enforce any right or remedy or defend a claim arising under this Agreement or your use of the Content and Services or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorneys’ fees and experts’ fees, from the non-prevailing party. No decisions resulting from arbitration as contemplated hereunder shall be binding upon or have any precedential effect in any proceedings involving any other parties who were not parties to the arbitration.
3.2 Multi-Claimant Actions. To the fullest extent permitted by law, you hereby relinquish all rights you may have at any time to participate in, in any manner whatsoever or under any circumstances, a multi-claimant action against MercySeat or any of the Other Released and Indemnified Parties. As a result of the foregoing, you may not ever participate in a class, representative or muli-claimant action of any kind against MercySeat and/ or any of the Other Released and Indemnified Parties. No arbitrator or court shall have power or authority to, under any circumstances, consolidate any claims, preside over any class, representative or multi-claimant actions, or award any class-wide relief whatsoever.
4.1 All information that you submit to MercySeat at any time shall be complete, accurate, and shall be kept up to date, and you are responsible for ensuring that MercySeat is notified of any changes to such information. By submitting information on behalf of an organization you are affirming that you have authority under all applicable laws and governing documents of such organization to make such submissions.
4.2 Descriptions and/ or depictions of the MercySeat platform, its operation, and programs offered by MercySeat are subject to change.
4.3 Failure to exercise or enforce, or any delay in exercising or enforcing, on the part of MercySeat or any of the Other Released and Indemnified Parties, any right or provision of this Agreement shall not be deemed a waiver of such right or provision or a waiver of any other rights or provisions of this Agreement.
4.4 Section titles in this Agreement are for convenience only and shall have no effect on the interpretation of this Agreement.
4.5 If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
4.6 No joint venture, partnership, employment, contract services, or agency relationship exists between you and MercySeat as a result of this Agreement or your use of the Content and Services. You will not be compensated for, in manner whatsoever, and you will not be entitled to any compensation for your participation in the MercySeat Feedback Program, the MercySeat Closed Beta Program, or for your use of the MercySeat platform itself.
4.7 MercySeat reserves the right to modify or revise this Agreement at any time. Any changes will be effective immediately upon MercySeat posting the revised Agreement on the Site. Such modifications or revisions of this Agreement by MercySeat will not in any way diminish your obligations under prior versions of the Agreement. Your continued use of the Site following any modifications or revisions becoming effective is an expression of your consent and agreement to be bound by the modified or revised Agreement.
4.8 In consideration of the foregoing and the mutual covenants and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties to this Agreement, the parties to this Agreement have each entered into this Agreement.
4.9 No provisions of this Agreement shall be construed against any party due to the fact that such was drafted by that party (or by that party’s attorney).
4.10 If you have any questions about the Content and Services, or this Agreement, please contact us at ITS-US@mercyseat.app.
ALL PARTIES, BY ACCESSING OR USING THE SITE IN ANY MANNER, AFFIRM THAT THEY HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS CONTAINED HEREIN.
Privacy Policy
Effective Date: September 25, 2024
This website, located at https://www.mercyseat.app (the “Site”), is owned and operated by MERCYSEAT, LLC, a Texas Limited Liability Company (“MercySeat”). This Privacy Policy, including any future modifications that MercySeat chooses to make to such at any time in MercySeat’s sole discretion (the “Privacy Policy”), outlines how we collect, use, disclose, share, and protect your information when you visit the Site and interact with the intellectual property and other content found on the Site, third-party content accessed through links made available on the Site, and the programs identified on the Site (including but not limited to the MercySeat Content Creator Incentive, the MercySeat Feedback Program, and the MercySeat Closed Beta Program) (collectively, the “Content and Services”). You hereby agree that you alone are responsible for your use of the Site and the Content and Services, and you alone are responsible for all consequences of any nature whatsoever resulting from your use of the Site and the Content and Services. By accessing or using the Site and the Content and Services in any manner, you agree to be bound by the Privacy Policy, just as if you had physically signed the Privacy Policy. If you do not agree to the terms and provisions of the Privacy Policy, you may not use the Site or the Content and Services, and you are hereby directed to immediately discontinue use of the Site and the Content and Services. Individuals under the age of 13 years are not permitted to use this Site or the Content and Services.
The Site and Content and Services are for a general informational purposes, they are not directed toward children, and MercySeat does not knowingly collect personal information from children under the age of 13 years. Under certain circumstances, MercySeat may collect some or all of the following information from you and/ or about you:
Information you that you deliberately submit to MercySeat for whatever purpose. Such information may include but not be limited to the name of your Church or Ministry, Names of Representatives of your Church or Ministry, Email Addresses, Phone Numbers, Location Information, and Number of Church Members;
MercySeat may collect certain information from you when you interact with the Site and the Content and Services. Such information may include but not be limited to information about your computer, device, and browser, your IP address, unique identifier information and other identifying information that is assigned to your mobile or other device, as well as other information about software and hardware that you are using. Under certain circumstances we might also collect geolocation data and possibly information that identifies your precise location;
MercySeat may utilize tools and tracking technologies, including but not limited to Cookies. We may gather, collect and store information about you and/ or your usage of the Site and the Content and Services. Under certain circumstances we might choose to share such information with third-parties who assist us in such gathering and utilizing such information. We urge you to learn how to use the settings on your devices. Doing so will enable you to manage your privacy in a way that is acceptable to you, to the extent technologically possible. In addition to utilizing information that we collect from you and about you as a result of your use of the Site and the Content and Services, we might also choose to collect information about you and utilize information that we collect about you from other publicly available sources.
‘Do Not Track’. Currently, we do not respond to the ‘Do Not Track’ signal. We will evaluate the best way to move forward regarding how to address the ‘Do Not Track’ signal.
Under certain circumstances, MercySeat could collect and use information that we collect from and/ or about you for various reasons, including but not limited to the following:
-To maintain and improve our Content and Services and user experience;
-To conduct identity verification;
-For purposes related to your participation in the various programs we offer;
-To engage in, maintain and improve our customer support;
-For research and business purposes;
-To maintain our records and security.
Under certain circumstances, MercySeat could disclose information that we collect from and/ or about you to various third-parties and for various reasons, including but not limited to the following:
-Your information could be provided to third-party contractors that we utilize for the purpose of allowing them to assist us in our business;
-Your information could be used by MercySeat to enable us to contact you to provide you with additional information about MercySeat, and for other reasons;
-MercySeat could possibly disclose your information in order for us to protect our rights, the rights of others, or in order for us to comply with applicable law or court order;
-MercySeat could possibly disclose your information for other business-related reasons and for other reasons as we determine necessary or desirable in our sole discretion, and/ or as may be permitted by applicable law.
MercySeat may retain your information for a period of time in keeping with our standard practices or possibly longer as may be permitted or required by applicable law. MercySeat does not guarantee the safety of your information. If you have any concerns related to our practices as outlined in this Privacy Policy, please immediately discontinue use of the Site and the Content and Services.
If you would like to access or correct, or if you would like us to limit our use of, your personal and other information that we have in our possession that you have previously provided to us, please email us at ITS-US@mercyseat.app to submit a request. In your email, please make clear what you are specifically requesting. After your request has been reviewed, we will determine our obligations under applicable law with regard to your request and will ensure that we have complied with all applicable law. It is important for you to understand that, to the extent that we are not required to comply with your request under applicable law, your request could be denied. Under circumstances in which your information is deleted from our systems, it is possible that copies of such information could remain viewable to us. It is also possible that under certain circumstances in which we agree to ultimately delete your information from our systems that your information could be retained on our systems for some time if it is found to be impossible for us to remove such information or in order to ensure our internal security and/ or as may be required by applicable law.
The Site is hosted in and managed from the United States. Users located outside of the United States, by accessing the Site and the Content and Services, are consenting to their information being processed in the Untied States and in any other country in which we so choose, and in accordance with this Privacy Policy and all applicable laws for such other countries. Authorities such as courts, law enforcement agencies, regulatory agencies and/ or other authorities in the United States or in other countries may be entitled to access your information.
MercySeat is not responsible for the privacy practices of unaffiliated third parties (and the sites of such third parties), including but not limited to those third parties and sites that you choose to interact with and/ or access through links on the Site. If you choose to engage in such interactions, please review the privacy policies and practices of such third parties and their sites in order to ensure that you are aware of how such policies and practices impact you and your rights so that you can make informed and responsible decisions regarding your interactions.
MercySeat reserves the right to modify or revise this Privacy Policy at any time. Any changes will be effective immediately upon MercySeat posting the revised Privacy Policy on the Site. Such modifications of or revisions to this Privacy Policy by MercySeat will not in any way diminish the terms of prior versions of the Privacy Policy. Your continued use of the Site and Content and Services following any modifications or revisions becoming effective is an expression of your consent and agreement to use such under the terms of the Privacy Policy as amended.
Section titles in this Privacy Policy are for convenience only and shall have no effect on the interpretation of this Privacy Policy.
If any provision of this Privacy Policy is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
ALL PARTIES, BY ACCESSING OR USING, AND CONTINUING TO ACCESS OR USE, THE SITE AND/ OR THE CONTENT AND SERVICES IN ANY MANNER, AFFIRM THAT THEY HAVE READ THIS PRIVACY POLICY AND AFFIRM THEIR AGREEMENT WITH AND CONSENT TO THE PROVISIONS CONTAINED HEREIN.
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