Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.mangomap.com website (the "Service") operated by MangoMap Limited ("us", "we", or "our").

To access the Service, users must at all times agree to and abide by these Terms. The Services allow you to submit, store, and access certain business data and other information related to you, your customers, or your business (collectively, "User Data"). These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. You must provide your legal full name, a valid email address, and any other information requested during the Account creation process. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. MangoMap Limited cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You must be 13 years or older to create an Account using this Service, and you must be human. Accounts registered by "bots" or other automated methods are not permitted.

Your login credentials may only be used by one person – a single Account shared by multiple people is not permitted.

All User Data uploaded to the Service and activity that occurs under your Account (even when User Data is posted by others who have access to your account through additional login credentials) is solely your responsibility. The Service must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MangoMap Limited, or any other Mango service.

You agree not to reproduce, duplicate, copy or exploit with malicious intent any portion of the Service, use of the Service, or access to the Service without the express written permission by Mango

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of MangoMap Limited will result in immediate Account termination.

We may, but have no obligation to, terminate Accounts containing User Data that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Partners

A "Partner" is an individual or entity that has agreed to these Terms of Service and participates in the Mango Partner Program.

  • The Partner will comply with all applicable laws and highest industry standards.
  • The Partner must (i) be at least 18 years old or the age of majority where Partner resides; (ii) provide certain Personal Information necessary for registration and authentication, and agree that email will be our primary method of communication; (iii) make certain acknowledgments if signing up on behalf of an employer or a company; (iv) agree that this Agreement may be changed by MangoMap Limited at any time; (v) acknowledge and agree to MangoMap Limited's Privacy Policy; and (vi) not use MangoMap Limited's trademarks as part of its name or brand unless permitted under these Terms; and (vii) not buy search engine advertising, trademarks or domain names that mention or use "Mango" or other Mango logos.
  • Either MangoMap Limited or Partner can end this agreement at any time by providing notice to the other. If there is fraud or any other unacceptable behavior by Partner, or if Partner violates these Terms of Service, MangoMap Limited can suspend Partner's privileges or end the agreement without notice. MangoMap Limited can change or eliminate all or any portion of the Partner Program at any time, upon reasonable notice.
  • All of the information, property and intellectual property you have access to as a result of your participation in the Mango Partner Program belongs entirely to MangoMap Limited.
  • Both MangoMap Limited and Partner agree to use Confidential Information and Personal Information only to perform the obligations of these Terms. Confidential Information and Personal Information must be protected and respected.

Subscriptions

Some parts of the 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 either on a monthly, annual, or multi-year basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may terminate your Subscription renewal by closing your account in your Account panel.

A valid payment method, such as credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

The Service is not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Mango. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

All Subscription fees and optional Account add-ons are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Fees and Modifications to the Service

We, in our sole discretion and at any time, may modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

We, in our sole discretion and at any time, may modify the Subscription fees for any Subscription or optional add-on. Any fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with a reasonable prior notice of 30 days any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

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

Mango shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Refunds, Upgrades, and Downgrades

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.

The Service is billed in advance as per your chosen Billing Cycle and is non-refundable. There will be no refunds or credits for partial periods of service, upgrade or downgrade, or refunds for any unused period with an Active account. In order to treat everyone equally, no exceptions will be made.

An upgrade from a trial Account to any paid plan will end your free trial. You will be billed for your first Billing Cycle immediately upon upgrading.

Upon successful checkout of a purchase or upgrade, any new account features of the new plan will be available for use immediately.

Downgrading your Service may cause the loss of User Data, features, or capacity of your Account. Mango does not accept any liability for any loss incurred as a result of downgrading.

Cancellation and Termination

You may cancel your Mango account at any time from your Account administration panel. We do not provide refunds for any remaining credit for your subscription Billing Cycle.

Upon cancellation, all User Data associated with the Account will be immediately deleted from the Service. Once deleted, User Data cannot be recovered.

Mango, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Mango Service, for any reason at any time. Upon suspension or termination, your right to use the Service will stop immediately. You may not have access to User Data that you stored on the site after we suspend or terminate your account. You are responsible for backing up User Data that you use with the Service.

Termination of the Service will result in the deletion of your User Data or your access to your Account, and the forfeiture and relinquishment of all User Data in your Account. Mango reserves the right to refuse service to anyone for any reason at any time.

Limitation of Liability

You expressly understand and agree that Mango shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mango has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

MangoMap Limited, its subsidiaries, affiliates, and its licensors do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

While MangoMap Limited prohibits such conduct and User Data on the Service, you understand and agree that MangoMap Limited cannot be responsible for the User Data posted on the Service and you nonetheless may be exposed to such materials.

Copyright and Content Ownership

We claim no intellectual property rights over the User Data or material you provide to the Service. Your Personal Information and User Data uploaded remain yours. However, by opting to make your User Data public and available to anonymous users through configuration of dataset access settings to a public state, you agree to allow others to view, access, or download your User Data without restriction. By opting to configure your maps as online and to be viewed publicly without access control, you agree to allow others to view your maps.

Mango does not pre-screen User Data, but Mango and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any User Data that is available via the Service.

In addition, we are not a content-archiving service. We do not promise to store or make available on our Service any User Content that you post, or any other content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Service.

Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and believe that any User Data or other material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from the Service;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated Copyright Agent to receive notifications of claimed infringement is:

MangoMap Limited, support@mangomap.com

Fair Usage Policy

Accounts that feature unlimited data upload are subject to a fair usage policy limit of 20GB. If you think you will need more than this, please contact Mango support.

Accounts can have up 50,000 map views per month under our fair usage policy. Users who think their maps will exceed this level regularly should contact Mango support.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by us) of other users of the Service, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Waiver

The failure of MangoMap Limited to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of MangoMap Limited.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of these Terms of Service).

Notice of Modification

MangoMap Limited reserves the right to update and change these Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time.

Indemnification

You agree to indemnify and hold harmless MangoMap Limited and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of the Terms.

Support

Technical support is only provided to paying Account holders and is only available via email and Intercom messenger. Support response times are subject to the conditions of your selected plan.

Data Security

You understand and accept that MangoMap Limited uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You understand and accept that the technical processing and transmission of the Service, including your User Data, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

For further details about the Data Security processes in place at Mango, please read Data Security, Processing and Storage.

Contact

If you have any questions, comments or requests regarding the Terms of Service, please Email: support@mangomap.com

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