MezAgent Terms of Use

PLEASE READ CAREFULLY BEFORE PROCEEDING WITH CREATION OF YOUR MEZAGENT ACCOUNT:

Welcome to MezAgent Platform (“Platform”). These Terms of Use (“Terms”) contain important information about your legal rights, remedies, and obligations related to the use of Services, and is a legally binding agreement between you (“You” or “User”) and Mezagent Limited (“Service Provider” “we”, or “us”).

Please read these Terms carefully. If You want to use any of our Services You must first read and agree to this Terms and all of the documents which comprise the Terms of Service. If You do not understand this Terms or agree to all of its terms and conditions, You may not use our Services. If You do not understand or agree to this Terms, do not click to accept these Terms, “Sign Up”, “Create My Account”, or similar, or otherwise use our Services. If You are using our Services on behalf of a business or legal entity, You may only do so if You have authority to agree to the Terms of Service on behalf of that business or legal entity.

All capitalized terms have a special meaning and Section 17 of the User Agreement provides the definitions of some capitalized terms and others are defined throughout the Terms of Service (highlighted with quotation marks and bold font).

1. Acceptance of Terms

• You understand that by using the Services (which generally means using in any way our Service or our applications), and by clicking accept when prompted on the Platform, You agree to be bound by all agreements which constitute Service Provider’s Terms of Service, and You agree that the “Terms of Service” means every agreement linked herein and includes the User Agreement, Fee Agreement, Privacy Policy, Cookies Policy and these Terms, and such other documents which are published by the Service Provider on the Service Provider’s Site mezagent.com.
• By accessing or using the Platform, You affirm that You are legally capable of entering into binding contracts and that You accept these Terms in full. The Service Provider reserves the right to modify these Terms at any time. Continued use of the Platform after such changes constitutes your acceptance of the updated Terms.

2. Account Registration and Responsibilities

• Users must register on www.mezagent.com as either a Business or an Agent to access the Platform.
• All Users, including Users under Business Accounts, must be aged 18 or older.
• You agree to provide true, accurate, current, and complete information during the registration. The Service Provider may suspend or terminate your account if it has reason to believe You have provided false, misleading, or incomplete information.
• You are solely responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. The Service Provider disclaims any liability for unauthorized access to your account.

3. Subscription Plans and Payment

• Access to the Platform is subscription-based and we offer a number of subscription plans for the Agents and Businesses (collectively the “Subscription Plans”). The Subscription Plans are tailored to Users’ specific needs and budgets. Except for the Intro Subscription Plan for Agents, all other Subscription Plans require Users to pay Subscription Fees in accordance with the Fee Agreement. Fees are non-refundable unless otherwise explicitly stated in the Fee Agreement or required by applicable law.

*          All add-on features, not included in the Subscription Fee, are fixed fees that do not depend on the number of users under the Business Account and are charged monthly until such time as the User (by an action of its Senior Administrator) decides to discontinue the add-on package. The add-on to run additional programmes is only available in blocks of 5 programmes.

• All Subscriptions Plans are detailed in the Fee Agreement.
• Subscriptions automatically renew at the end of each term, and by accepting the Terms of Services You expressly agree to such automatic renewal and agree to be billed accordingly unless You cancel before the renewal date. You agree that your failure to cancel a subscription will result in automatic renewal and corresponding charges.
• You acknowledge that fees paid for access to the Platform are non-refundable under any circumstances, including but not limited to the suspension or termination of your account for violation of these Terms, unless otherwise provided in the Fee Agreement or required by applicable law.

4. Use of the Platform

• The Platform is a neutral venue that facilitates the connection between Businesses and Agents. Neither the Platform nor the Service Provider participates in or controls the contracting, performance, or quality of services offered by Agents or Businesses.
• Neither the Platform nor the Service Provider makes any warranties or guarantees regarding the success or outcome of any interaction or contract between Users.
• You agree to comply with all applicable local, state, national, and international laws in your use of the Platform.

5. Intellectual Property

• Ownership: All content, features, and functionality on the Platform (including but not limited to text, graphics, logos, software, and design) are the exclusive property of the Platform or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
• Limited License: The Service Provider grants Users a limited, non-exclusive, non-transferable license to access and use the services provided on the Platform strictly for the purposes outlined in these Terms. This license does not grant any rights to use the Platform’s intellectual property, including but not limited to trademarks, logos, or copyrighted materials, for any commercial purposes without prior written consent from the Service Provider.
• Trademarks: The Platform’s logos, names, and other related marks are trademarks or registered trademarks in certain jurisdictions. You are not permitted to use these trademarks without our express permission for commercial Any unauthorized use of the Platform’s trademarks is strictly prohibited. Notwithstanding the forgoing, Users are allowed to use MezAgent logo to indicate their participation on the Platform.
• Third-Party Trademarks: Any other product or company names, logos, or similar marks displayed on the Platform may be the trademarks of third parties, including our partners or other Users. Your use of the Platform does not grant You any rights to use these trademarks.

6. User Content and Responsibility

• Content Responsibility: You are solely responsible for any content You post, submit, or transmit on or through the Platform, including any data, text, images, files, or other materials. By posting content on the Platform, You agree that the content is yours, the content related only to Your business, offerings and services. You have the right to post it, it is legal, and it does not infringe upon anyone’s Intellectual Property Rights or any other rights.
• Indemnification: If a third party brings a claim against the Platform as a result of your content or your use of the Platform, You agree to indemnify and hold the Platform, the Service Provider, their partners, employees, and representatives harmless from any costs, liabilities, legal fees, or expenses incurred as a result of such claims (this is known as “indemnification”).
• Content Requirements: You agree to post or share only content that:
  • You have the legal right to post or share;
  • Complies with all applicable laws and regulations;
  • Does not violate the rights of any third party, including Intellectual Property Rights or privacy rights;
  • Does not relate to, or advertise or promote businesses or services of third parties.
• Responsibility for User-Generated Content: Neither the Platform nor the Service Provider is responsible for the accuracy, reliability, or completeness of any content shared or posted by other Users. Content posted on the Platform reflects the views and opinions of the individual or entity sharing it, not the Platform or Service Provider. Unless a post or content is explicitly shared by someone officially working for the Platform, we disclaim all responsibility for such content.
• Third-Party Websites and Applications: The Platform may contain links to or integrate with third-party websites and applications that are owned, operated, and controlled by third parties, not by the Platform or Service Provider. These links are provided for your convenience, and the inclusion of a link does not imply endorsement or affiliation with the third party. You acknowledge and agree that your use of third-party websites or applications is solely at your own risk, and neither the Platform nor the Service Provider is responsible for the content, functionality, or security of those sites or applications.

7. Prohibited Conduct and Limitations
   • Posting Unacceptable Content

You are prohibited from offering, sharing, supporting, or seeking any content, including Your username, password, Account description, Account logo, picture, tag, or document that:

• Is illegal, defamatory, or violates any law.
• Demonstrates and/or promotes violence, discrimination, or harassment, either generally or against any specific person or group, including those belonging to a legally protected group.
• Is sexually explicit or related to adult services, such as sex work or escort services.
• Relates in any way to child exploitation.
• Infringes on any Intellectual Property Rights, including copyrights or trademarks.
• Violates our Terms of Service, another website’s terms of service, or similar agreements.
• Violates professional or academic standards or policies, such as submitting someone else’s work as your own or ghost-writing academic papers, tests, or certifications.
• Involves creating or sharing fake reviews or misleading content (e.g., “deep fakes” or “fake news”) intended to deceive others.

• Limitations for Businesses and Users under the Business Accounts

Businesses are strictly prohibited from using the Platform, or allowing its users registered as Users under such Business Account to use the Platform, for the following purposes:

• Activities related to the production, sale, or distribution of alcohol, drugs, including cannabis products, or any other substances designed to mimic drugs, including, without limitation, activities related to manufacturing of the equipment or items intended to be used for making or using drugs.
• Any activities involving or promoting prostitution or escort services.
• The sale or promotion of tobacco products, including, without limitation, the sale of products or items intended to be used for the tobacco consumption.
• Participation in or promotion of gambling or betting services, sports forecasting or odds-making with a monetary or material prize.
• The sale or distribution of arms or weapons of any kind.
• Enterprises that engage in, encourage, promote, or celebrate unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, or national origin,
• Enterprises engaging in any illegal activities or activities that violate applicable laws or regulations.

Businesses have the right to register such number of Users under their Account as allowed pursuant to the Subscription Plan they have selected. If a Business decides to increase the number of Users exceeding the maximum number of Users allowed under its Subscription Plan, it will be asked to upgrade its Subscription Plan.

Businesses may replace any of the Users working under their Account provided that such replacement does not increase the maximum number of Users allowed under their Subscription Plan.

• No Access for High-Risk Jurisdictions or Individuals

Neither the Platform nor the Service Provider provides access to individuals or entities from jurisdictions considered high-risk, or to individuals identified as high-risk by applicable law, regulations, or sanctions. This includes but is not limited to jurisdictions subject to trade or economic sanctions, or individuals involved in activities that could pose significant legal, financial, or reputational risks.

• Misleading or Fraudulent Conduct

You must not engage in any activity that is dishonest or designed to deceive others. This includes, but is not limited to:

• Misrepresenting your identity, skills, experience, or professional qualifications.
• Using tools such as generative AI to enhance work products whether prohibited by a client or in violation of third-party rights.
• Impersonating another person, using a profile picture that is not yours, or falsely attributing statements to someone else.
• Claiming affiliation with a person or organisation You are not connected to.
• Allowing someone else to use your account.
• Infringing on third parties’ intellectual property rights, including, without limitation, sale or distribution of music, movies, software, or any other licensed materials without appropriate authorisation, counterfeit goods, illegally imported or exported products, unauthorised sale of brand-name or designer products or services, any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary, or privacy rights of any third party.

• Fair Treatment of Others

You must treat all other Users fairly and legally. This includes:

• Not expressing unlawful preferences in Your posts or proposals.
• Not unlawfully discriminating against others or encouraging violence.
• Not posting or sharing another person’s private or sensitive information without their consent.
• Avoiding spamming other Users with invites or proposals.
• Not demanding bribes or payments unrelated to the services provided.

When an Agent refers a client to a Business such Agents represents and warrants to both the Business and the Services Provider that the Agent has received a consent from his referral to share any personal and/or confidential or other sensitive information of such referral and the Business that has received such information represents and warrants to both the Agent and the Service Provider that it will treat such information confidential and will not disclose it to any third party without consent of the referral in question.

• Feedback Abuse

You must use our feedback system honestly and without manipulation. This means:

• Not withholding work or payment in exchange for positive feedback.
• Not swapping payment or incentives for feedback.
• Not using the system to share unrelated personal views (e.g., political or religious opinions).
• Not participating in fake services to artificially boost your rating or feedback score.

• Other Prohibited Activities

To maintain the integrity and security of the Platform, You are prohibited from:

• Selling, trading, or transferring your account without our permission.
• Attempting to bypass the Platform by contacting another User outside the Platform before agreeing to a service contract.
• Promoting other organizations, services, or websites, or recruiting users to leave the Platform without our permission.
• Tampering with the Platform’s technology, bypassing security features, or interfering with its services. This includes:
  • Using automated tools like bots or scrapers without our permission.
  • Copying, distributing, or using any Platform information without consent.
  • Introducing malware, viruses, or harmful code.
  • Accessing the Platform through unauthorized means or reverse engineering the site’s code.
  • Overwhelming the site with excessive data or requests (e.g., DDoS attacks).
• Using the Platform’s services to build a competing service, poach users, or conduct performance analysis without our permission.
• Taking any actions that could cause harm to the Platform, the Service Provider or its reputation.

• Advertising

Any User which elects to advertise or otherwise promote their services or goods on the Planform (such advertising and/or promotion shall be subject to a separate Advertisement Agreement) should comply with the requirements and restrictions of this Section 7 in relation to any advertisement or promotion such User decides to post on the Platform.

8. Rights to User-Posted Content

• License Grant: By posting content on the Platform, You grant the Platform, the Service Provider and their affiliates a permanent, irrevocable, non-exclusive, worldwide, royalty-free license to use, modify, distribute, publicly display, reproduce, and share that content across the world without compensation. This license also applies to your name, voice, and image if they are included in the content. For example, if You are an Agent, we may share your profile with potential Businesses who may be interested in your services.
• Other Users’ Rights: By posting content on the Platform, You also grant each User the right to access and use your content through the Platform. They may view, copy, and share your content, provided they do so in accordance with these Terms of Service and applicable laws, and they must not use the content in ways that are unlawful or violate your rights.
• Ads and Promotions: You acknowledge and agree that the Platform or the Service Provider may display advertisements or other marketing materials near or alongside your content without any obligation to compensate you. Depending on your profile settings, the Platform or Service Provider may also use your name, profile, or image in promotional or marketing activities for the Platform’s features or services.

9. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES PROVIDED THEREON ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PLATFORM AND THE SERVICE PROVIDER DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM ERRORS OR INTERRUPTIONS. NEITHER THE PLATFORM NOR THE SERVICE PROVIDER GUARANTEES THAT THEIR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE PLATFORM NOR THE SERVICE PROVIDER SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR LOSS OF OPPORTUNITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PLATFORM, EVEN IF THE PLATFORM OR THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE PLATFORM’S AND SERVICE PROVIDER’S TOTAL LIABILITY TO ANY USER FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OR SERVICE, INCLUDING THESE TERMS OF USE, OF THE PLATFORM EXCEED THE AMOUNT SPECIFIED IN THE USER AGREEMENT.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Platform and the Service Provider, their affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees, arising from or in any way connected with:

• Your use of the Platform, and/or
• Your violation of these Terms or any applicable law, and/or
• Any claim arising from your interactions with other Users, including contracts or disputes between Businesses and Agents,

in each case as more fully provided in the User Agreement.

12. Enforcing Our Terms of Use
    • Rule Enforcement

If You violate any of these Terms, we reserve the right to suspend and/or close your account and restrict your access to the Platform.

• Investigation of Violations

We maintain the right to investigate any suspected violations of these Terms of Use. During our investigation, we may pause, modify, or remove any content from our site.

While we strive to enforce these rules consistently, we cannot guarantee action will be taken against every potential violation. The absence of action regarding one breach does not waive our right to act against any future breaches, regardless of their connection to prior violations.

If we suspect rule-breaking, we can suspend your access to our services at any time. In the event Your account is disabled or closed, You will lose access to our Services; however, the following provisions will remain in effect:

• Our rights to utilize and share your feedback.
• The rights of our Users and visitors to access and share your content as outlined in Section 8 of these Terms.
• Your agreement to comply with all rules set forth in these Terms.

• Reporting Violations

If You become aware of any violations of our Terms of Use, please inform our customer service team or report it using the designated flag:

[Insert flag graphic or link]

If we investigate the reported violation, You agree to cooperate with our investigation and take reasonable steps to assist in resolving the issue.

• Termination and Suspension

The Service Provider reserves the right to terminate or suspend any User’s access to the Platform at its sole discretion, with or without notice, for any reason, including but not limited to violations of these Terms or applicable laws.

Termination or suspension of access does not entitle the User to any refunds or compensation. If Your account is suspended as provided in the User Agreement and/or Terms of Use You will still be liable to pay the Subscription Fees during the suspension period.

User-Initiated Termination: You may terminate your account at any time by following the account termination instructions provided on the Platform. Termination does not waive your responsibility for any accrued fees or liability for the payment for the Services until the expiration of Your Subscription period.

13. Governing Law and Dispute Resolution

The Terms of Service and any separate agreements whereby we provide the Services shall be governed by and construed in accordance with the laws of England and Wales. All disputes or claims arising out of or in connection with the Services provided by us shall be subject to the exclusive jurisdiction of English courts. By accepting the Terms of Service Users agree to submit to the exclusive jurisdiction of English courts, and the information contained in the User’s profile is sufficient, and shall be used by the Service Provider, for the purposes of the service of process.

14. Changes to Terms of Use

The Service Provider reserves the right to modify these Terms at any time at its sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Platform. Your continued use of the Platform following the posting of changes constitutes your acceptance of such changes.

15. Miscellaneous

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Entire Agreement: These Terms, together with the User Agreement and Fee Agreement, constitute the entire agreement between You and the Service Provider, superseding any prior agreements or understandings.

16. Contact Information

If You have any questions regarding these Terms, please contact us at [Email Address].

17. Definitions

Capitalized terms not defined below or above have the meanings described in the Site or elsewhere in the Terms of Service.

“Agent Services” means all services performed for or delivered to Businesses by Agents.

“Agent” means any authorized User of the Platform or Services, that utilizes the Platform to advertise, provide, or receive payment for the provision of Agent Services to Businesses.

“Business” means any authorized User of the Platform or Services to seek or obtain Agent Services, including from another User.

“Fee Agreement” means MezAgent Fee Agreement which forms part of the Terms of Service and text of which is provided on the Site.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.

“Platform” means the online platform accessed using Service Provider’s downloaded application, and the Site.

“Senior Administrator” means an authorized User of the Business who has full access rights to the Business Account and the authority to add, remove and replace additional Users under such Business Account.

“Services” are all services, applications and products – apart from Agent Services – that individual or legal entity can access through Platform.

“Site” means www.mezagent.com..

“Subscription Fee” means the recurring fee that Users are required to pay in order to access the Services provided by the Platform and set forth in the Fee Agreement.

“Subscription Plan” means the specific plan chosen by the User that outlines the duration, cost, and level of access to the Platform’s Services. Subscription Plans may vary by features, billing periods (monthly or annual), or other service-related attributes, and are subject to the terms and conditions set forth in the Fee Agreement.

“Terms of Service” means these Terms, and any and all other agreements and documents, as amended form time to time, which are listed on the Site      under the heading Terms of Service, pursuant to which the Service Provider provides its Services to the Users.

“User Agreement” means MezAgent User Agreement which forms part of the Terms of Service and text of which is provided on the Site.

“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that You or any Site Visitor or User post or share to any part of the Site or provide to the Service Provider, including such content or information that is originally generated through the use of generative AI tools or as a result of questions.

“User” means any individual or entity registered for an account on the Platform, whether as a Business or Agent.

The term “including” as used herein means including without limitation.