These Terms of Use (the “Terms”) are entered into between you (“you,” or “User”) and The Malin Group, Inc, and its affiliates and related entities (“Company,” “the Company,” “we,” “us,” and “our”). These Terms govern your access to and use of Company services offered on the website application located at www.themalin.co (the “Web Application”), as well as our mobile application (the “Mobile Application”, together with the Web Application, the “Platform”). The software and technology used to operate the Platform is owned and provided by Ility.com, Inc. (the “Platform Provider”).

By accessing, browsing, submitting information to and/or using the Platform, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. Use of the Platform and any information associated with the Platform may also be subject to a separate agreement between the Company and its Users (defined below). Accordingly, your access to the Platform may be as an employee or contractor of a User.

Purpose of the platform

The Platform is provided for informational purposes enabling communication between you and the Company. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.

The Company also provides the Platform and any related data, accounts, profiles, forms, and all content provided on the Platform for the purpose of providing services and additional functionality to the Company’s contracted Users (“Users”).

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Platform shall be handled in accordance with the Platform’s Privacy Policy, which is hereby incorporated by reference.

User agreements

Use of the Platform may also be subject to the terms of separate written agreements between the Company and Users (the “User Agreements”). When applicable, this Policy may be superseded by specific terms in the User Agreements. If you use the Platform as an employee or contractor of a User, and you use or submit any materials on the Platform, you agree to be bound by the User Agreements, as well as any posted guidelines and policies related to the materials you wish to use or submit.

Use of the platform

The Company grants you a non-exclusive right to access and use the Platform and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Platform shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Platform for commercial purposes. You agree to use the Platform only for lawful purposes, comply with all rules governing any transactions on and through the Platform and comply with applicable laws.

User account responsibilities

If you are given or create a password to access the Platform, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Prohibited uses

You agree that you will not:

• Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of it;
• Attempt to gain unauthorized access to any Platform account, computer systems or networks associated with the Company or the Platform;
• Obtain or attempt to obtain any materials or information through the Platform by any means not intentionally made available or provided by the Company;
• Use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
• Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).