These Terms of Service (“Terms”) govern your use of the software-hosted service located at getmallow.com, including all subdomains, mobile applications, and associated software services (the “Service”) provided by Mallow LLC (“Mallow,” “we,” “us,” or “our”).
By creating an account, accessing, or using the Service, you (the “User” or “Customer”) agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entities to these Terms.
We, Mallow LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication
Grant of License: Subject to these Terms and your payment of applicable fees, Mallow grants you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes.
Acceptable Use: You agree to comply with our Acceptable Use Policy, which prohibits the use of Mallow for fraudulent, harassing, or illegal activities.
Restrictions: You shall not: (a) sublicense, sell, or lease the Service; (b) reverse engineer or attempt to derive the source code of the software; (c) use the Service to build a competitive product; or (d) bypass any security measures or usage limits.
Ownership: You retain all ownership rights to the data, logos, profile photos, and documents you upload or generate within the Service (“User Content”).
License to Mallow: You grant Mallow a worldwide, royalty-free license to host, store, and process your User Content solely to provide the Service to you (e.g., placing your logo on an invoice).
Mallow IP: Mallow retains all rights, title, and interest in the Service, including software, typography, brand assets, and any templates provided within the platform.
No Legal Advice: Mallow provides tools for generating legal agreements and collecting e-signatures. Mallow is not a law firm and does not provide legal advice. The templates provided are for informational purposes only.
Enforceability Disclaimer: Mallow does not guarantee that any document signed through the Service is legally binding or meets the specific requirements of the Electronic Signatures in Global and National Commerce Act (ESIGN) or the Uniform Electronic Transactions Act (UETA) in your specific jurisdiction. You are responsible for consulting with legal counsel to ensure your documents are enforceable.
Financial Responsibility: Mallow is a facilitator for invoicing but is not a party to any transaction between you and your clients. You are responsible for all tax compliance and the accuracy of financial data.
Subscription: Access to certain features requires a paid subscription. All fees are non-refundable except as expressly set forth in our Refund Policy.
Non-Payment: We reserve the right to suspend or terminate your access to the Service if fees are overdue in any way.
Liability Cap: To the maximum extent permitted by law, in no event shall Mallow LLC’s aggregate liability arising out of or related to this agreement exceed the total amount paid by you to mallow llc for the service during the twelve (12) months preceding the first incident out of which the liability arose.
Exclusion of Damages: Mallow LLC shall not be liable for any indirect, incidental, special, or consequential damages (including loss of profits, revenue, or data).
Indemnification: You agree to indemnify and hold Mallow LLC harmless from any claims, damages, or legal fees arising out of: (a) your breach of these Terms; (b) your User Content; or (c) any dispute between you and your clients regarding invoices or signed agreements.
By accessing Mallow, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
remove any copyright or other proprietary notations from any materials and software on this website;
transfer the materials to another person or "mirror" the materials on any other server;
knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Mallow LLC provides;
use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use this website or its associated services in violation of any applicable laws or regulations;
use this website in conjunction with sending unauthorized advertising or spam;
harvest, collect, or gather user data without the user's consent; or
use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
To the extent Mallow processes Personal Data on behalf of Customer that is subject to the GDPR or CCPA, the terms of our Data Processing Addendum (found in our Privacy Policy) are hereby incorporated by reference.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms shall be settled by binding, individual arbitration rather than in court. You waive your right to participate in a class-action lawsuit or class-wide arbitration.
Venue. The arbitration shall be conducted in Salt Lake County, Utah, or another mutually agreed location, and shall be governed by the laws of the State of Utah.
Small Claims Exception. Notwithstanding the above, either party may bring an individual action in small claims court if the claim qualifies.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms are governed by the laws of the State of Utah, without regard to its conflict of law provisions.
