Last edited on

Apr 11, 2025

1. Introduction.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://matium.com/privacy. Unless otherwise defined in these Terms, the terminology used in this Agreement have the same meanings as in our Privacy Policy.

Your agreement with us includes these Terms and our Privacy Policy (collectively, "Agreements"). You acknowledge that you have read and understood these Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) these Agreements, then you may not use the Services, but please let us know by emailing at contact@matium.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Services.

BY CLICKING THE ACCEPT BUTTON BELOW, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE WEB PAGES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ THESE TERMS, UNDERSTAND THESE TERMS, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT CLICK THE ACCEPT BUTTON, INSTALL, DOWNLOAD, OR USE THE WEB PAGES. IF YOU CLICK THE ACCEPT BUTTON OR INSTALL, DOWNLOAD OR USE THE WEB PAGES, THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT ARE FULLY ACCEPTED BY YOU.

If you agree to these Terms on behalf of an organization, you hereby represent to us that you are authorized to accept these terms on its behalf.

IF YOU DO NOT ACCEPT THE TERMS OF THIS TERMS OF SERVICE, CLICK THE "DECLINE" AND DO NOT INSTALL, DOWNLOAD OR USE THE WEB PAGES. Thank you for being responsible.

2. Communications.

Email is an important communications channel for the Service. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person's name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request.

Any non-personal Content you provide to the Site by email, including, but not limited to, Feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure. You expressly waive any right of ownership or attribution in connection with such Information, and understand, acknowledge, and agree that if you submit any such Information to us, it shall be at your own risk, and we shall be free to reproduce, use, disclose and distribute such Information without restriction.

3. Purchases.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you agree that you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We may share payment information which may include reporting payment performance and promptness to Dun & Bradstreet as part of a Trade Program Agreement.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, errors in your order, and for other commercially justifiable reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions.

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through our Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules that we post in connection with each Promotion as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

5. Subscriptions.

Some parts of our Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly, semi-annual, or annual basis determined by the selection you make when selecting your Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Matium cancels it. You may cancel your Subscription renewal either through your online Account admin page or by contacting Matium's customer support team at contact@matium.com.

A valid payment method, including credit cards, ACH, or wire transfer, is required to process the payment for your Subscription. You shall provide Matium with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Matium Inc. to charge all Subscription fees incurred through your Account to any such payment instruments.

Should automatic billing fail to occur for any reason, Matium will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

6. Free Trial.

Matium may, at its sole discretion, offer a Subscription with a free trial for a limited period ("Free Trial"). Free Trial may commence automatically upon completing the onboarding process.

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Matium until the Free Trial has expired. Prior to the expiration of the Free Trial, Matium will send you a notice informing you of the last day of the Free Trial, and asking whether you would like to continue with the service for Matium's Subscription fee then in effect. On the last day of the Free Trial period, unless you have previously cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without prior notice, Matium reserves the right to (i) modify the Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

7. Subscription Fee Changes.

Matium, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Matium Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds.

Except when required by law, paid Subscription fees are both paid in advance and non-refundable.

9. Content.

Matium takes the privacy of its user data seriously, please refer to the Privacy Policy to understand additional limitations we place on ourselves around data. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for all Content that you post on or through our Service, including its legality, reliability, and appropriateness. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Content on or through our Service, you grant Matium a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Content to access, use, store, copy, modify, prepare derivative works from, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote our Services, in any media or platform, now known or later developed.

By posting Content on or through the Service, you represent and warrant that: (i) the posted Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of anyone found to be infringing on a copyright.

If you post Content through the Service, you understand and agree not to post, upload, publish, submit or transmit any Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Matium's Privacy Policy or any other related policy. Matium may, without prior notice, remove or disable access to any Content that it finds to be in violation of applicable law or these Terms, or otherwise may be harmful or objectionable to Matium, its Members, third parties, or property.

You retain any and all of your rights to any Content you submit, post or display on or through the Service as well as all data and analytics derived from Content and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service.

Matium has the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (including, without limitation, information concerning Content and data derived therefrom), and we will be free to (i) use such information and data to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

In addition, Content found on or through this Service are the property of Matium or used with permission. Other than the Content that you own or have the right to use, you may not distribute, modify, transmit, reuse, download, repost, copy, or use any other Content, whether in whole or in part, for commercial purposes or for personal gain, without express, advance, written permission from Matium.

10. Transaction Processing.

Matium may host supply and demand opportunities on behalf of its customers. As part of this hosting process, Matium may serve as the transaction processor, facilitating the transfer of information, logistics, and payments associated with a particular transaction, which may include, without limitation, the reselling of material lots associated with Matium-hosted supply and/or demand opportunities. In exchange for performing such services, the customer agrees to pay Matium a “Convenience Fee” as further defined below. The parties acknowledge that Matium's role as a service provider is limited to facilitating transactions and that Matium disclaims any and all liability arising from the acts or omissions of third-party vendors or service providers engaged in the fulfillment of any given transaction.

The Convenience Fee is charged to the customer who Matium is hosting the supply and/or demand opportunity on behalf of for Matium's facilitation of the transaction, including, without limitation, the processing of information, logistics, and payments. The standard and maximum Convenience Fee shall be 3% of the transaction value, where “transaction value” is defined as the product of the material price and the material weight for a particular transaction. Notwithstanding the foregoing, the Convenience Fee may be reduced, but not to less than 1%, when the customer commits to a specified material volume to be bought and/or sold through Matium pursuant to an Annual Market Contract. Any such reductions and corresponding volume commitments shall be documented in a separate, binding agreement between the customer and Matium. The customer acknowledges that the Convenience Fee is subject to change only upon prior written notice and mutual agreement between the parties. No oral modifications shall be deemed effective.

By engaging Matium to host supply and/or demand opportunities, the customer expressly agrees that, during the term of the engagement, it shall not buy or sell the material associated with any Matium-hosted opportunity through any other platform, marketplace, or channel. The customer further agrees to take all reasonable steps necessary to facilitate the successful execution of the Matium-hosted supply and/or demand opportunities. This includes, without limitation, ensuring that its current vendors and/or customers are duly registered on the Matium platform and are prepared to respond to the opportunity in a timely manner. Failure to comply with this exclusivity provision shall be deemed a material breach of these terms, and Matium shall be entitled to pursue all available remedies, including, without limitation, injunctive relief and damages.

Prior to Matium hosting any supply opportunities on behalf of the customer or accepting material for a Matium-hosted demand opportunity, the customer shall provide Matium with its legal company name, accounting department contact information, and any other information or documentation reasonably required to complete the onboarding process through Matium's payment processor.

Prior to Matium hosting any demand opportunities on behalf of the customer or allowing the purchase of Matium-hosted supply opportunities, the customer must establish adequate creditworthiness. This shall be achieved by completing a credit application and receiving written approval through Matium's established credit process. Matium reserves the right to request additional documentation or information as necessary to assess creditworthiness, and such requests shall be deemed part of the credit application process.

Customers who have engaged Matium for demand opportunities or who purchase Matium-hosted supply opportunities shall have a period of five (5) business days from the delivery of a lot of material to inspect, reject, or assert any claims against the delivered material. Rejections and/or claims must be provided in writing and sent to market@matium.com. If no written rejection or claim is received by the close of business (defined as 8:00 PM ET) on the fifth business day following delivery, the delivered lot of material shall be deemed approved and accepted as purchased. Any claims submitted after the expiration of this period shall be deemed waived, except as provided by applicable law.

In the event of any dispute arising from or related to these terms or the transactions facilitated by Matium, the parties agree first to attempt in good faith to resolve the dispute through direct negotiation. If the dispute is not resolved within thirty (30) days, the parties agree that the dispute shall be submitted to binding arbitration in accordance with the rules of a recognized arbitration forum, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Matium's total liability for any claim arising out of or relating to its services, whether in contract, tort, or otherwise, shall be limited to the total Convenience Fees received from the customer in connection with the particular transaction out of which the claim arose, and in no event shall Matium be liable for any consequential, incidental, or punitive damages.

The customer agrees to indemnify, defend, and hold harmless Matium, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, or expenses (including reasonable attorneys' fees) arising out of or in connection with the customer's breach of these terms or its engagement in any transaction facilitated by Matium.

11. Usage-Based Features and Billing.
Certain features of the Service, including but not limited to Auctions and Reverse Auctions (collectively, “Usage-Based Features”), are subject to usage-based billing. Users will be invoiced periodically based on metered usage of these features.
You agree to provide and maintain valid and accurate billing information, which may include, but is not limited to, your full legal name, billing address, state, postal code, telephone number, and a valid method of payment such as credit card, ACH transfer, wire transfer, or an authorized accounts payable contact. You authorize Matium to charge all applicable fees incurred through your use of the Usage-Based Features to the payment method provided.
By accessing or using Usage-Based Features, you expressly agree to promptly pay all fees accrued in connection with such usage.
Matium reserves the right, in its sole discretion, to modify the rates applicable to Usage-Based Features at any time. Reasonable notice of any such rate changes will be provided to you prior to the effective date. Continued use of Usage-Based Features after the effective date of a rate change constitutes your acceptance of the modified rates.
Failure to make timely payment of accrued fees may result in the suspension or termination of your access to Usage-Based Features, at Matium’s sole discretion. In addition, any amounts not paid when due shall accrue interest at a rate of 2.5% per month, or the highest rate permitted by applicable law, whichever is lower, from the date such amount becomes due until the date paid in full. You shall also be responsible for any costs of collection, including reasonable attorneys’ fees and expenses, incurred by Matium in enforcing its rights hereunder.

12. Prohibited Uses.

a. In any way that violates any applicable national or international law or regulation.

c. To impersonate or attempt to impersonate any Matium employee, another user, or any other person or entity.

d. To misrepresent the capabilities and/or service offerings that you provide and/or are capable of providing.

e. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

f. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Matium or users of our Service or expose them to liability.

Additionally, you agree not to:

a. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service;

c. Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;

e. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;

g. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack;

h. Take any action that may damage or falsify Matium's reputation or good will; or

13. Service Providers.

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

a. Google Maps® is a service we use to suggest and display location data. It is provided by Google Inc. By using our service, you are bound by Google's Terms of Service: https://policies.google.com/terms. You can find their Privacy Policy here: https://policies.google.com/privacy

b. Upscope® is a service we use to provide real-time screen sharing and support. Screen sharing is initiated only with your explicit consent. By using our service, you are bound by Upscope's Terms of Service: https://app.upscope.io/contracts/tos.pdf. You can find their Privacy Policy here: https://app.upscope.io/contracts/privacy.pdf.

c. Sentry® is a service we use to monitor onboarding and track errors. By using our service, you are bound by Sentry's Terms of Service: https://sentry.io/terms/. You can find their Privacy Policy here: https://sentry.io/privacy/.

d. Stripe® is a payment processing service we use to handle transactions securely. By using our service, you are bound by Stripe's Terms of Service: https://stripe.com/legal. You can find their Privacy Policy here: https://stripe.com/privacy.

f. AWS® (Amazon Web Services) is a cloud service provider we use for data storage and processing. By using our service, you are bound by AWS's Terms of Service: https://aws.amazon.com/service-terms/. You can find their Privacy Policy here: https://aws.amazon.com/privacy/.

h. Statsig® is a service we use for feature experimentation and analytics. By using our service, you are bound by Statsig's Terms of Service: https://www.statsig.com/terms. You can find their Privacy Policy here: https://www.statsig.com/privacy.

Our Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of our Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of our Service.

15. Accounts.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole and absolute discretion.

16. Intellectual Property.

17. Copyright Policy.

If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@matium.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".

You may be held accountable for damages (including costs and attorneys' fees) for a misrepresentation or bad-faith claim that any Content found on and/or through our Service infringes on your copyright.

18. DMCA Notice and Procedure for Copyright Infringement Claims.

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

c. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

e. your address, telephone number, and email address;

g. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

19. Error Reporting and Feedback.

Matium may utilize third party sites and tools that may be used for information and Feedback as set forth in this Section 17.

20. Links to Other Web Sites.

Matium has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities, individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT MATIUM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

21. Disclaimer of Warranty.

NEITHER MATIUM NOR ANY PERSON ASSOCIATED WITH MATIUM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MATIUM NOR ANYONE ASSOCIATED WITH MATIUM REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MATIUM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Limitation of Liability.

Matium has no control over and does not warrant or guarantee (i) the existence, quality, safety, suitability, or legality of any service provider or offer for material management or procurement, (ii) the truth or accuracy of any service provider's offer descriptions, or (iii) the performance or conduct of any service provider or other third party. Matium does not endorse any service provider. Matium neither provides verification, background checks or monitoring services over service providers, nor certification about any customer, including of the customer's identity or background or whether either the service provider or customer is trustworthy, safe or suitable.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MATIUM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MATIUM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Although the Matium website may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access our website from other locations do so on their own initiative and risk, and are responsible for compliance with all local laws. Any offer for any Service and/or information made in connection with our website is void where prohibited.

23. Termination.

If you wish to terminate your Account, you may simply discontinue using our Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

24. Governing Law / Entire Agreement.

These Terms constitute the entire agreement between us regarding our Service and supersedes and replaces any prior agreements we might have had between us regarding our Service.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE, OUR SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

25. Changes to Service.

26. Amendments to Terms.

Your continued use of the Service following the communication of revised Terms, which will be delivered by electronic mail to the address provided by the user, means that you accept and agree to the changes. You are expected to check https://matium.com/privacy and https://matium.com/terms frequently so you are aware of any changes, as they are binding on you.

If you do not agree to the new Terms, you are no longer authorized to use our Service.

27. Waiver and Severability.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

28. Acknowledgement.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

29. Contact Us.

• By email: contact@matium.com