Business Service Terms - Mobile Application

If you live in the European Economic Area or the United Kingdom, your use of our Business Services is governed by the EEA+ Business Services Terms, otherwise your use of the Business Services is governed by these Business Services Terms.

  1. Using Mana Common App for Business Purposes.

    Welcome to Mana Common App! Mana Common App is where neighbors plug into the neighborhoods that matter to them. We believe by bringing neighbors, including businesses, together, we can cultivate a kinder world where everyone has a neighborhood they can rely on. These Business Services Terms (the “Business Terms”), in addition to the Member Agreement (the “Member Agreement,” and together with the Business Terms, the “Terms”), govern your rights and responsibilities related to your use of Mana Common App’s Business Services if you have your ordinary place of residence or business establishment in the United States, Australia, or Canada. Capitalized words and other defined terms used but not defined in these Business Terms have the meanings described in the Member Agreement.

    “Business Services” are services and features offered to Members that are intended for commercial or business uses, such as a claimed Business Page, Local Deals, Neighborhood Sponsorships, and other services listed here.

    By using Mana Common App’s Business Services, you agree that you have read, understand, and agree to be bound by these Business Terms, which together with the underlying Member Agreement, constitute a legally binding contract. If you are accepting these Business Terms and using the Business Services on behalf of a company, partnership, organization, sole proprietorship or other legal entity (a “Business”), you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Business Terms, in which case the words “you” and “your” as used in these Business Terms shall refer to such entity. If you do not agree to these Business Terms, or do not have the authorization and authority referred to above, then you are not allowed to use the Business Services.

    FOR MEMBERS IN THE U.S: PLEASE READ THESE BUSINESS TERMS AND THE MEMBER AGREEMENT CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  2. The Basics.

    1. Eligibility. Business Services are available to Members who meet (i) the eligibility requirements for Members set forth in the Member Agreement and (ii) any specific eligibility requirements for the applicable Business Service. We reserve the right to refuse your ability to use any Business Service at any time, for any or no reason, without liability to you.
    2. Termination of Business Services. In addition to and without limiting the scope of Section 15(a) (Term and Termination) in our Member Agreement, you may terminate these Business Terms with Mana Common App at any time by deactivating your Business Page and discontinuing your use of our Business Services or Account. We may suspend, terminate, delete or deactivate your Account and/or Business Page or stop providing you with all or part of the Business Services at any time for any or no reason, without liability to you.
    3. Availability of Business Services. We may modify or discontinue the availability of any Business Services at any time in our sole discretion without liability to you. We will notify you of any material modifications as legally required (for example, by emailing you, or by posting an amendment notice in your neighborhood’s newsfeed).
    4. Your Obligations. By using the Business Services (including by claiming or creating a Business Page) you represent and warrant on an ongoing basis at all relevant times that (i) you have the authority to act on behalf of the Business or Businesses associated with or claimed through your Business Page and bind such Business (including the business entity) to these Business Terms, (ii) your use of the Business Services will only be for commercial purposes and conducted in your capacity as an authorized representative of the Business, (iii) your Business and all Content you submit to Mana Common App complies with all applicable laws, regulatory requirements, industry rules, and governmental regulations (collectively, “Applicable Laws”), (iv) your Member Content does not infringe or misappropriate the rights of any third party, (v) all information provided by you via the Business Services is complete and accurate, (vi) you have all necessary licenses, rights, permissions, and clearances (including from any third party) in your Member Content to use and to grant Mana Common App all licenses in your Member Content described in the Terms; and (vii) except as expressly permitted by Mana Common App in writing, your Member Content does not include pixels, cookies or other technology intended to track or record the activities of Mana Common App Members or Visitors. You acknowledge and agree that, where applicable, you are responsible for providing data usage notices to and receiving consents from all Members or Visitors that engage with your Member Content. You agree that Mana Common App will determine the size, placement and positioning of your Member Content on the Services, and Mana Common App reserves the right to reject, disable, or remove your Member Content for any reason.
    5. Verification of Businesses. Some Business Services require Mana Common App to verify your Business (including, but not limited to your related Business Page Information (as defined below) and business registration documents). You agree to provide accurate information for verification purposes and acknowledge that if we are unable to confirm the information that you have provided or if we learn that it is inaccurate, we may limit, suspend, or terminate your Account.
    6. Interactions and Transactions with Members Without limiting the scope of Section 5 (Being a Good Neighbor) or Section 6 (Member Transactions) of the Member Agreement, your use of the Business Services are subject to the Terms, our Community Guidelines, and our Business Posting Guidelines. You and your Business are responsible for your acts on Mana Common App. You further acknowledge and agree that your and your Business’s interactions with Members may affect the reputation of your Business, and it is therefore your sole responsibility to conduct yourself appropriately and carefully in your interactions with Members. For example, how gracefully your Business responds to a negative comment may affect Members’ perception as much as (or more than) the comment itself. As stated in the Member Agreement, we are not a party to transactions or disputes between Members, including disputes over unfavorable reviews or other member Content. WITHOUT LIMITING ANY TERM OF THE MEMBER AGREEMENT, YOU AGREE THAT Mana Common App IS NOT RESPONSIBLE FOR YOUR OR YOUR BUSINESS’S INTERACTIONS WITH OTHER MEMBERS. We do not make any guarantees about the verification of Members, and we do not interview, run background checks on, monitor, supervise, or control Members.
    7. Data Protection. You agree to ensure (and that you are solely responsible for ensuring) that (i) your collection, use and disclosure of information about a Member, Visitor or other identifiable natural person or household (“Personal Information”) that you collect in connection with your use of the Business Services complies with Applicable Laws, including, without limitation, those pertaining to privacy, data security, data protection and direct marketing, (ii) you have given all notices to, and obtained all consents from, any individuals to whom such Personal Information pertains as may be required by Applicable Laws for your collection, use and disclosure of such Personal Information, (iii) reasonable technical and organizational safeguards are employed to protect the confidentiality and security of such Personal Information, (iv) if you collect information from Members or Visitors, your Business Page makes clear that you (and not Mana Common App) are collecting it, and (v) you do not use Personal Information obtained through a prompt or request on your Business Page except for the purpose explained by such prompt or request, unless you have the relevant individuals’ explicit consent to use the information for another purpose. You represent and warrant that if you provide Mana Common App with any Personal Information, you have obtained all rights and consents as are necessary under Applicable Laws or otherwise to disclose such Personal Information to Mana Common App and for Mana Common App to use it as described in our Privacy Policy.

  3. Using the Business Services.

    1. Business Pages. Business Pages on Mana Common App can be created and updated on Mana Common App (i) based on third-party sources (such as business listing services), (ii) by Members who recommend a business in their neighborhood, or (iii) by Members who create or claim a Business Page. Business Pages may be public, i.e., visible both inside and outside of Mana Common App. This means that they are visible to external search engines, including for search engine optimization (SEO) purposes. If you claim your Business Page through your personal Account, you can choose whether to make your Business Page externally visible (visibility of your personal Account is unaffected, even if you claimed your Business Page using your personal Account). You understand that Mana Common App presumes your actions and those of other Members associated with your Business Page are authorized and legitimate. Mana Common App is not responsible for your Business Page or your Account, and has no obligation (but reserves the right) to verify the scope of authority of you or any other Members associated with your Business. Your business Account is tied to your role with that Business. If your position associated with a Business terminates (for example, if you resign), then you must unclaim your Business Page associated with that Business, or if applicable, transfer your Business Page. For example, your employer may want someone else to claim and manage the Business’s Business Page. If you need assistance with page transfer or account deactivation, please contact us.
    2. Business Page Information. Business Pages contain a basic set of details about the Business or brand, such as street address, business category, telephone number, and a location map (“Business Page Information”). Without limiting any rights granted to Mana Common App in the Member Agreement or imposing any additional obligations on Mana Common App, Mana Common App reserves the right to correct, modify, or license Business Page Information submitted by a Member. Business Page Information may be public and accessible to or crawled by search engines. You acknowledge that Mana Common App may reformat or present Business Page Information in various ways (e.g., on a map) and may share Business Page Information with our partners. In some cases, Business Page Information may not be accurate, and may not be updated promptly or at all. Business Page Information may also include notes, metrics, scores, and other information about a Business.
    3. Messages. Messages that you post from your Business Page or as your Business (where that feature is available), such as Business Posts or replies to Members who recommended your Business, will be affiliated with and have the same visibility as your Business Page. However, replies to private messages are visible only to you and the Member to whom you replied. Members have the ability to opt out of receiving messages from any Member, including Members with Business Pages, and some Members communicating with or commenting about you or your Business may choose to opt out of communications from you. You undertake that you will comply with Members’ choices.
    4. Asking for Recommendations or Reviews. You can ask your customers to review or recommend your Business on Mana Common App. You can solicit recommendations in person, via email, through social media, or by sharing a direct link to your Business Page. Our goal is for recommendations to serve as a window into a Business’s standing in its community. Accordingly, you agree to be truthful, fair, and neighborly, and not to engage in conduct that could artificially inflate or harm a Business’s reputation, such as offering discounts or other incentives in exchange for recommendations (including fraudulent recommendations) or with the intent to manipulate the same. You and your Business are responsible for complying with Applicable Laws and other requirements, such as anti-SPAM laws. You agree that you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under California law (Cal. Civil Code § 1670.8) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b).
    5. Direct Solicitation. The use of your Account or Business Page to collect Personal Information about other Members without their permission for the purpose of direct solicitation or otherwise in violation of the Terms and Privacy Policy is prohibited. For example, if a Member comments on your Business Page praising your service, you should not use their email address from their Mana Common App profile to send them unsolicited email advertisements.
    6. Trademarks and Endorsements. You agree to not use Mana Common App’s name, logo, or trademarks except as expressly permitted in writing by Mana Common App, and may not imply that your Member Content or the Content of other Members (such as Member reviews of your Business) is in any way sponsored or endorsed by Mana Common App.
    7. Content. As stated in the Member Agreement, you must not provide us with any prohibited Content. Claims of copyright infringement should be addressed as directed in the Member Agreement. Mana Common App reserves the right to forward any other requests or claims based on your Member Content to your Business for resolution.
    8. Your Website. You grant Mana Common App a non-transferable, non-exclusive, fully-sublicensable (through multiple tiers), royalty-free, limited license to display your public Business website on the Services or to allow for its display through iframes or other framing technology.

  4. Payments for Business Services.

    The use of some Business Services may require a payment or fee on a per order, per use, subscription, or other basis (“Payment”), including applicable taxes. To the extent such services include specific Supplemental Terms provided by Mana Common App and they conflict with the Business Services Terms, those Supplemental Terms will apply. You agree to pay all Payments due and owed under these Business Terms or any applicable Supplemental Terms. ANY AND ALL PAYMENTS TO Mana Common App ARE FINAL, NON-CANCELABLE, AND NON-REFUNDABLE. Unless stated otherwise, you will be charged at the time of purchase. When you make a Payment to Mana Common App, you are agreeing to provide our trusted third party payment processor (currently Stripe and its affiliates) with certain information related to your Payment (“Payment Information”) in order to complete the transaction. You agree that you will keep your Payment Information current. We may update your method of Payment using information provided by our payment service providers. You authorize us to continue to charge the applicable method of Payment following any update to your Payment Information.

  5. Subscriptions.

    Mana Common App offers certain Business Services for which access and use is purchased or made available on a time-limited basis (each a “Subscription”). The fee for a Subscription will be charged at regular intervals based on the applicable subscription date as shown to you on checkout, starting at the time of purchase. THE SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL. Your Subscription may include a free trial period (“Free Trial”). At the start of each such Free Trial, you may be charged a nominal fee in order to ensure your Payment Information is accurate. Thereafter, you will have access to the specified Business Services without payment for the period specified in the offer (subject to any relevant Supplemental Terms, which may limit or condition use of the Business Services during your Free Trial). You may cancel a Subscription or Free Trial through the interface of the applicable Business Services, or if no such option is available, by contacting us here. Unless you cancel your Free Trial before the end of the Free Trial period, your Free Trial will automatically convert into a paid Subscription and you will be charged the relevant Payment for the applicable Subscription.

  6. Confidential Mana Common App Information.

    You and your Business acknowledge that Mana Common App may provide you with certain information that is proprietary and confidential to Mana Common App, such as aggregated statistics about neighborhood activity and size and neighborhood boundaries. You agree (i) to keep this information confidential, (ii) not to disclose this information to any third party, and (iii) to use this information only as expressly permitted by Mana Common App for your internal business purposes (subject always to Section 2(g) (Data Protection) of these Business Terms). If you believe that you must disclose any of the information described in this Section due to a subpoena or similar legal duty, you will notify Mana Common App in writing before doing so, and you agree to provide Mana Common App with reasonable assistance if Mana Common App seeks an order maintaining the confidentiality of the information.

  7. Indemnification.

    In addition to, and without limiting the scope of Section 12 (Indemnification) of the Member Agreement, you agree to indemnify, defend, and hold the Mana Common App Entities harmless from and against any claims, damages, losses, liabilities, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute due to, arising out of, or relating in any way to (a) your actual or alleged breach of these Business Terms; (b) your use of the Business Services, or any Content, products or services provided, promoted or advertised by you in connection with the Business Services; or (c) the actions related to the Business Services taken by each individual with access to your Account, whether such actions were authorized or otherwise.

  8. General.

    1. Updates. We reserve the right to amend these Business Terms, the Member Agreement, and any Supplemental Terms at any time as set forth in Section 15(e) (Updates) of the Member Agreement. If you keep using the Business Services after any such amendment is effective, you accept and agree to be bound by the new terms. f you disagree with the new terms, you must unclaim your Business Page and stop using the Business Services. Except as otherwise set forth in these Business Terms or unless expressly agreed by Mana Common App in a signed writing, nothing contained in any purchase order or other agreement will in any way modify, supersede, or add any additional terms or conditions to these Business Terms.
    2. Conflicts. If there is a conflict between these Business Terms and the Member Agreement, these Business Terms govern with respect to your use of the Business Services to the extent of the conflict. Certain Business Services may also have or be subject to certain Supplemental Terms and additional guidelines and policies. To the extent those Supplemental Terms and additional guidelines or policies conflict with the Business Terms, the additional terms will govern with respect to your use of those Business Services solely to the extent of the conflict.
    3. Miscellaneous. To the extent allowed by applicable law, the English version of these Business Terms is binding and other translations are for convenience only. If any part or parts of these Business Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Business Terms shall continue in full force and effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. These Business Terms are personal to you, and you may not assign any of your rights or obligations under these Business Terms without our prior written consent, which consent may be withheld in our sole discretion. Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of you and the Mana Common App Entities, and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than you and the Mana Common App Entities. All of our rights and obligations under these Business Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant on an ongoing basis and at all relevant times that you are not, nor is any individual with access to your Account, nor is any entity or person that (directly or indirectly) owns, controls, or is affiliated with you, acts on your behalf or is otherwise associated with you, subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties or territories, including any such lists maintained from time to time by the United Nations Security Council, the UK Government, US Government, the Australian Government, the Canadian Government, the European Union or its member states or any member states of the European Free Trade Association, or other applicable government authority. In the event that, at any relevant time, the warranty outlined in the preceding sentence ceases to be true, complete and accurate, you shall notify us immediately.

  9. Jurisdiction Specific Provisions.

    1. United States. If you live in the United States, the dispute resolution terms of Section 16(a) of the Member Agreement will apply to all disputes between you and Mana Common App arising out of the Business Services or otherwise in connection with these Business Terms.