1. Introduction
1.1 Overview. Welcome to Mappica! This End User License Agreement (“Agreement”) and its terms set forth herein (“Terms”), are a binding agreement between you and Mappica, LLC, a Florida-registered limited liability corporation ("Mappica", “we”, “our”, or “us”). This Agreement governs your use of the Mappica.app data visualization web app (our “Services”).
PLEASE READ THESE TERMS CAREFULLY TO ENSURE YOU UNDERSTAND THEM. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING OUR SERVICES YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONFIRM YOU HAVE READ, UNDERSTOOD, AND ACKNOWLEDGED ALL TERMS INCLUDING OUR PRIVACY POLICY, WEBSITE TERMS OF USE, DATA PROCESSING AGREEMENT, AND ANY OTHERS INCORPORATED BY REFERENCE. TO THE EXTENT OF A CONFLICT BETWEEN DOCUMENTS, THIS LICENSE SHALL BE PREFERRED. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE OR ACCESS OUR SERVICES.
WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED UNDER THIS AGREEMENT.
INCLUDED IN SECTION 13 OF THESE TERMS IS A PROVISION THAT GOVERNS ANY CLAIMS THAT THE PARTIES MAY HAVE AGAINST EACH OTHER, INCLUDING WITHOUT LIMITATION A MANDATORY ARBITRATION AGREEMENT.
1.2 Changes to Terms. We may update these Terms from time to time. The updated Terms take effect upon their posting. If we make significant changes, we will notify you either by email or through our Services. Your continued use of our Services after any changes are posted constitutes your acceptance of the new Terms.
2. Organizations
2.1 Organizational Use. If you access or use our Services on behalf of a legal entity such as an organization, company, or principal (each, an "Organization"), then (i) you represent and warrant that you have the appropriate authority to bind the Organization to these Terms, (ii) by accepting these Terms you and the Organization are bound by the Terms, (iii) you acknowledge that your access to and use of our Services may be revoked or transferred by the Organization, (iv) you affirm that all communication we receive from you has been authorized by the Organization and that Mappica may rely on your instructions, and (v) you agree that we may share information about your use of the Services with the Organization.
2.2 Identification of Organizational Use. If you sign up for our Services using an email address that is clearly associated with an Organization, or if an organization directly pays or reimburses fees in connection with use of our Services, then we may deem you, in our sole discretion, to be accessing and using Services on behalf of that Organization. Personal email addresses provided by general email services (e.g., Gmail, Yahoo, Outlook) will not be considered as associating you with an organization for the purposes of this agreement.
2.3 Organizational Disputes. In the event of ownership conflicts regarding an Account (as defined in Section 4) or any User Content (as defined in Section 5), we reserve the right, at any time and at our sole discretion, and without prior notice to you, to identify and assign the rightful owner. This may involve transferring the relevant Account or User Content to the party we determine to be the legitimate owner. To aid in determining the rightful owner, we may request supporting documents, which could include a government-issued photo ID or business license.
2.4 Organizational Responsibilities. An Organization is responsible for the actions and compliance of all individual users accessing or using our Services on its behalf.
3. Services
3.1 Description of Services. Mappica provides a comprehensive data visualization platform that allows users to create, manage, publish, and share visualizations. The Services include, but are not limited to, the functionalities and tools described in our documentation.
3.2 Changes to Services. Mappica reserves the right to modify, suspend, or discontinue any aspect of the Services at any time. Continued use of the Services after any such changes constitutes your acceptance of the new terms.
3.3 User Responsibilities You are responsible for (i) ensuring that your use of the Services complies with these Terms and all applicable laws and regulations, and (ii) all activities that occur under your Account.
3.4 Third-Party Materials. Mappica’s Services may include software, content, data, or other materials, including related documentation, that are owned by persons other than Mappica and that are provided to you on licensee terms that are in addition to and/or different from those contained in this Agreement.
4. User Accounts and Workspaces
4.1 User Account Registration and Use. To access and use our Services, you must register for an account with Mappica (“User Account” or “Account”). To be eligible to register and use our Services, (i) you must be at least 17 years of age or older if required by local law for us to lawfully process your personal data without parental consent, (ii) you must have the legal capacity to enter into a binding contract with us, (iii) you must not have not been previously prohibited from accessing and using our Services, (iv) you must provide accurate, current, and complete information about yourself and your organization as prompted during registration for a User Account, and (v) you must maintain and promptly update your User Account information to keep it accurate, current, and complete.
4.2 Workspaces. User Accounts can be used to create various workspace environments within the platform where users can create, manage, and publish visualization projects (“Workspaces”):
(i) Starter Workspaces are for use by individual users and offer a more limited set of functionalities. A Starter Workspace is for personal and classroom use only and may not be used commercially. Commercial use includes activities by for-profit businesses, non-profit organizations, media, or educational institutions beyond instructional use.
(ii) Pro and Lite Workspaces are paid plans with enhanced functionality that permit team collaboration, where users are assigned to an Owner, Admin, or User role. Owners and Admins can invite team members and manage Workspace features and settings. Pro and Lite Workspaces may only be used for the benefit of the organization or individual to whom they are assigned. Users added to a workspace, including consultants, contractors, or collaborators from external organizations, may only create, manage, and contribute to projects that directly benefit the workspace owner or align with jointly authorized collaboration efforts. Users may not use another organization’s workspace to create projects that serve the sole benefit of their own organization or any third party, including but not limited to projects that omit references to the workspace owner, or are otherwise disconnected from the workspace owner's purpose or intent.
(iii) Classroom Workspaces may be used solely for instructional and classroom use by verified educational institutions. To create a Classroom Workspace, the email address affiliated with the User Account must be associated with an educational institution. Eligible users without an educational email address must contact Mappica support (support@mappica.com) for verification. Classroom Workspaces may not be used to embed visualizations in non-instructional content, including but not limited to research publications, journal articles, articles, blog posts, and social media posts.
4.3 Workspace Ownership and Responsibilities. Each Workspace must have an assigned Owner who is responsible for maintaining accurate and current contact information, including a valid email address. The Owner is the primary point of contact for all communications related to the Workspace. Owners must ensure that their email address and payment information is kept up to date and promptly updated as necessary. If the Owner's email address is no longer valid or the Owner is no longer associated with the Workspace, another user within the Workspace must be designated as the new Owner.
4.4 User Responsibilities. You are responsible for (i) ensuring that your use of the Services complies with these Terms and all applicable laws and regulations, and (ii) all activities that occur under your User Account and within your Workspaces.
4.5 Account Unauthorized Use. You may only use your own User Account. In the event of the unauthorized use of your Account or any other breach of security, you agree to immediately notify us at support@mappica.com. You (i) agree to take all necessary steps to stop the unauthorized activity and cooperate with us in any investigation, (iii) understand you are solely responsible for all activities that occur under your Account, and (iii) acknowledge that Mappica will not be liable for any loss, damage, liability, expense, or attorneys’ fees resulting from someone else using or accessing your Account.
4.6 Account Termination. We reserve the right to suspend or terminate your Account if, in our sole discretion, we deem that you have violated any of these Terms, or if we deem that the continued use of the Account will cause harm to Mappica's reputation, business operations, security, or compliance with legal obligations. In the event of Account suspension or termination:
(i) You will not be able to access your Account or any content or data associated with your Account.
(ii) Unless required by law, no refunds will be provided for any remaining portion of your subscription period.
(iii) Upon termination, you continue to be bound by these Terms.
4.7 Account Cancellation. You may cancel your Account by clicking “Delete User Account” in the profile page of the Mappica web app. You may delete a Workspace on the Mappica Starter or Classroom plan by clicking “Delete Workspace” in the Workspace settings page of the Mappica web app. You may delete a Workspace on the Mappica Pro plan by canceling any active subscription on the Workspace subscribe page of the Mappica web app and then selecting “Delete Workspace” in the Workspace settings page once the subscription has ended.
4.8 Account Communications. We may use the email address associated with your account to send you Services-related notices, including those required by law. We may also send you messages about updates to our Services, which you can choose to receive or stop receiving by updating your preferences in your profile settings or by clicking the unsubscribe link in any such email.
4.9 License Termination. Upon expiration or earlier termination of this Agreement, the license granted hereunder shall also terminate, and you shall cease using and destroy all copies of the Services. No expiration or termination shall affect your obligation to pay all fees that may have become due before such expiration or termination, or entitle you to any refund.
5. User Content
5.1 Ownership of User Content. You or your Organization retain ownership of all data, information, images, and other materials (“User Content”) that you upload or create using the Services.
5.2 Rights to User Content. By uploading, creating, submitting, or otherwise storing User Content on our platform, you affirm that you have all necessary rights and permissions to do so. You are solely responsible for your User Content and for ensuring that this User Content will not infringe any rights of any third party, including any privacy rights and intellectual property rights.
5.3 Editing of User Content. If you are using our Services on behalf of an Organization and collaborating with other users as part of a shared Mappica Workspace, then you acknowledge and agree that your User Content will be visible, accessible, and editable by such individuals.
5.4 Deletion of User Content. You can remove your User Content from your Account by deleting it. In some circumstances, some or all of your User Content may not be completely deleted. We are not responsible or liable for the removal or deletion of any of your User Content, or any failure to remove or delete such content. You acknowledge and agree that we may take possession of, delete, or deny you access to User Content if we believe, in our sole discretion, that your User Content, or your use of our Services, violates these Terms.
6. Intellectual Property
6.1 License to User. Subject to your compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, and revocable right and license to use the Service solely as reasonably necessary for your internal and external business purposes. Other than as provided herein, we do not grant to you or any user in your Account or Workspace any license, express or implied, to our Intellectual Property. We may terminate this license at any time for any reason or no reason, as further detailed in Section 4.6.
You acknowledge and agree that the Services are provided under a license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under this Agreement. Mappica and its service providers reserve and shall retain its entire right, title, interest in and to the Services and all Intellectual Property rights arising out of or relating to the Services, except as expressly granted to you in this Agreement. You shall use commercially reasonable efforts to safeguard all Services (including copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You shall promptly notify Mappica if you become aware of any infringement of Mappica’s Intellectual Property rights in the Services and fully cooperate with Mappica, in any legal action taken by Mappica to enforce its Intellectual Property rights.
6.2 License to Mappica. By uploading User Content to the Services, you grant Mappica a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, copy, distribute, modify, display, and perform your User Content as necessary to perform and improve our Services. This license allows us to make your User Content available to other users and to adapt it for use with our Services.
6.3 Mappica's Intellectual Property. Except for your User Content as expressly provided in Section 5, all rights, title, and interest in and to the Services, including all software, algorithms, code, technology, content, and proprietary materials provided by Mappica through the Services (collectively and individually, our “Intellectual Property”), are and will remain the exclusive property of Mappica and its licensors. Except as expressly provided in these Terms, no part of the Services or Intellectual Property may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.
6.4 Feedback. Any comments, ideas, or suggestions that you provide to Mappica regarding the Services ("Feedback") is entirely voluntary and non-confidential. By providing Feedback, you grant Mappica a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, copy, modify, distribute, and otherwise exploit the Feedback for any purpose. We reserve the right to remove any Feedback posted publicly on any of our forums at our sole discretion.
6.5 Infringements. Mappica respects the intellectual property of intellectual property holders. If you believe your intellectual property has been used on the Mappica platform in a way that constitutes a potential copyright infringement, please contact us at support@mappica.com.
6.6 Indemnification for Infringement Claims. You agree to indemnify and hold Mappica harmless from any claims, damages, or losses resulting from any claim that your User Content infringes or violates the rights of any third party.
6.7 Marketing. By using our Services on behalf of an Organization, as described in Section 2, you (i) grant Mappica the right to use the Organization’s name, logo, and other trademarks for the purpose of identifying the Organization as a user of our Services in marketing and promotional materials; (ii) grant Mappica the right to use for marketing and promotional purposes any testimonials, quotes, or other feedback provided by you or your Organization’s users; and (iii) grant Mappica the right to feature User Content that you have publicly published. Any use of trademarked content under clause (i) will be undertaken by Mappica in accordance with any reasonable brand guidelines that you provide to us in writing prior to our use and any content created under clause (ii) will be created in consultation with you and used only upon your written approval. You may revoke any of the licenses to Mappica to market and/or promote your User Content by emailing us at support@mappica.com.
7. Acceptable Use Policy
7.1 General Usage Restrictions. You agree not to, and not to assist, permit, or enable others to:
(i) Attempt to disassemble, reconstruct, or extract any part of the Services or its underlying code; seek unauthorized access to the Services or related systems or networks; use any automated methods (such as bots, crawlers, or scrapers) to interact with the Services; examine, probe, or test the vulnerability of any system or network; or automate the creation of User Content.
(ii) Use the Services in a way that impacts the stability of Mappica’s servers, interferes with any other user’s use of the Services, or affects the performance of the Services; overload, flood, spam, or crash the Services; or use the Services to send unsolicited communications.
(iii) Upload, store, or transmit any content that is illegal, harmful, fraudulent, deceptive, defamatory, or that promotes violence or harm against individuals or groups. This includes, but is not limited to, content that infringes on intellectual property rights, violates privacy rights, or is otherwise obscene or objectionable.
(iv) Introduce viruses, malware, worms, or other harmful code; attempt to interfere with the integrity or security of the Services; circumvent any security or authentication measures.
(v) Impersonate any person or entity, misrepresent your affiliation with a person or entity, including “spoofing” and “phishing,” or use the Services in any fraudulent or misleading manner.
(vi) Use the Services to develop a competing product or service, for benchmarking or competitive analysis of Mappica, or in any way that could harm Mappica's business interests.
(vii) Share, transfer, or otherwise provide access to your Account, or use the Services to store or transmit any data that you do not have the legal right to use.
(viii) Integrate the Services with third-party applications, services, or websites in a manner that violates their terms of service or privacy policies, or that causes any harm or disruption to the Services or third parties.
(ix) Use the Services to promote or engage in any illegal or harmful activities, such as supporting terrorism, engaging in hate speech, or violating the rights of others.
(x) Rent, lease, lend, sell, sublicense, assign, distribute, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any Third Party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, or other technology or service.
(xi) Use any manual process to monitor or copy any of the material from the Services, or for any other purpose not expressly authorized in these Terms or with our prior written consent.
7.2 Additional User Responsibilities. You acknowledge and agree to the following:
(i) Your use of our Services must comply with all applicable local, state, national, and international laws and regulations, including intellectual property, data protection, and privacy laws.
(ii) You must keep your Account secure and maintain the confidentiality of the login codes sent to you.
(iii) You must promptly notify Mappica of any unauthorized use of your Account or any other breach of security.
(iv) Your email address and information associated with your Mappica profile must remain current and valid.
(v) Your payment information associated with your Mappica Workspace must retain current and valid if you are the Owner of a Pro Workspace.
(vi) You are responsible and liable for all actions and failures to take required actions with respect to the Services used by any person to whom you may provide access to or use of the Services, whether such access or use is permitted by or in violation of this Agreement.
(vii) You may not upload, store, process or transmit Sensitive Personal Information tied to identifiable individuals unless explicitly authorized by us in writing. “Sensitive Personal Information” means any data that reveals or could reveal an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data (used for uniquely identifying a natural person), health data, or data concerning an individual’s sex life or sexual orientation.
7.3 Enforcement and Violations. Mappica reserves the right to investigate any potential violations of the Acceptable Use Policy or any other Terms. If we determine, in our sole discretion, that a violation has occurred, we may take action, including but not limited to:
(i) Suspend or terminate your access to the Services, as outlined in Section 4.6.
(ii) Remove any prohibited content or data from the Services.
(iii) Report any illegal activities to law enforcement authorities and cooperate with investigations.
8. Payment and Billing
8.1 Subscription Plans. As outlined in Section 4.2, we offer paid Pro and Lite Workspaces with enhanced functionality, subject to a monthly or annual recurring billing cycle (“Subscription Plan”). The price of the Subscription Plan varies based on the billing cycle and the number of users associated with the Workspace. We may change Subscription Plans, including by adding or removing functionality and features, changing fees, changing billing cycles, or charging additional fees. Any change to a Subscription Plan’s pricing or payment terms will become effective in the billing cycle following notice of such change to you.
All Subscription Plans are non-refundable, except as indicated in these Terms or as required by law.
8.2 Billing and Payment. When you sign up to our paid Subscription Plan, you agree to make payments, and we may automatically charge your payment method for as long as your Subscription Plan remains active. Payment occurs at the beginning of a subscription period. You agree to the pricing and payment terms specified at checkout or as otherwise communicated to you, and we may update them from time to time.
We use Stripe as our payment provider. During checkout, you must provide a current, valid, accepted payment method. When you initiate a purchase, you authorize Stripe to charge your payment method in the indicated currency of the transaction. You are responsible for any processing fees or other payment-related charges and for all federal, state, and local taxes, unless otherwise indicated, or unless you provide a valid tax exemption certificate during the checkout process.
You agree to be bound by Stripe’s Services Agreement, which can be reviewed on the Stripe website.
8.3 Renewals. Your subscription continues unless it has been canceled by you or terminated by us. If a Subscription Plan has not been canceled or terminated, the Subscription Plan will automatically renew on or around the renewal date, using the payment information you provide to Stripe. The new subscription period will be one month for plans on a monthly billing cycle, or one year for plans on the annual billing cycle. If you do not want a Subscription Plan to renew, you must cancel it before the end of the current subscription term via the Subscription page in your Workspace. By subscribing, you accept responsibility for all recurring payment obligations prior to cancellation or termination.
8.4 Upgrades and Downgrades. When you decrease the number of users associated with a Pro or Lite Workspace, the change is effective at the end of the current subscription period. When you increase the number of users associated with a Pro Workspace, the upgrade is implemented immediately, and a prorated amount is charged for the remainder of the current subscription period. The billing cycle on a Pro Workspace can be changed from monthly to annual, but not from annual to monthly. When switching from monthly to annual billing, the new annual subscription period will commence immediately. You will be billed for the annual subscription less a prorated refund for the remainder of the current month on the monthly billing cycle.
8.5 Cancellations and Terminations. If you cancel your Subscription Plan, your right to use the Services will continue until the end of your current subscription term and then terminate without further charges. You will not be eligible for a refund for the remaining portion of your subscription term. If you live in a jurisdiction with a mandatory cooling-off period, including but not limited to the European Union, Turkey, and the United Kingdom, you may be entitled to a refund in accordance with the applicable laws, in which event your right to use the Services will terminate immediately upon cancellation. Please contact us at support@mappica.com if you wish to exercise your right to cancel within a legally mandated cooling-off period or have any questions regarding cancellation or termination.
8.6 Late Payments. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us, and you authorize us and Stripe to continue to charge your payment method until your payment is settled. All payments are non-refundable and non-transferable, except as expressly provided in these Terms.
9. Privacy and Security
9.1 Privacy Policy. By using our Services, you confirm you have read and understood our Privacy Policy. Our Privacy Policy may be updated from time to time, as outlined therein. You consent to our collection, use, and disclosure of your personal information and aggregated data as indicated in our Privacy Policy. If your use of our Services requires us to process any personal data, such processing will be governed by the terms of our Data Processing Addendum, which is incorporated by reference into this Agreement and applies to the extent that we act as a data processor on your behalf.
9.2 Collection and Use of Information. You acknowledge that Mappica may, directly or indirectly, through the services of third parties, collect and store information regarding use of the Services and about equipment on which the Services are installed through which it is otherwise accessed and used, through:
(i) the provision of maintenance and support services; and
(ii) security measures included in the Services as described in Section 7.3.
You agree that Mappica may use such information for any purpose related to any use of the Services by you or on your equipment, including but not limited to improving the performance of the Services or developing updates; and verifying your compliance with the Terms of this Agreement and enforcing our rights, including all Intellectual Property rights in and to the Services.
9.3 Security Measures. We have implemented commercially reasonable security measures that are intended to secure information associated with your User Account and Workspace(s) from accidental deletion or disclosure and from unauthorized access, use, and disclosure.
Mappica cannot guarantee that unauthorized third parties will never be able to defeat the security measures we have put in place. You acknowledge that any information you upload to and/or store on Mappica’s web application is done at your own risk.
9.4 EU Digital Services Act Compliance. The EU Digital Services Act (DSA) requires platforms to take measures to combat illegal content, ensure transparency, and protect user rights. Mappica is committed to complying with these requirements by:
(i) Implementing effective mechanisms for reporting and removing illegal content, including any content that violates applicable laws or infringes on the rights of others;
(ii) Providing transparency in our content moderation practices and policies, including how we handle user reports and complaints about illegal content;
(iii) Respecting user rights to freedom of expression, ensuring that any removal or restriction of content is done in compliance with applicable laws and with due respect for user rights;
(iv) Offering a robust appeals process to challenge decisions related to content removal or restriction; and
(v) Regularly updating our practices to align with evolving legal requirements and ensuring our compliance with the DSA.
For further information, please visit our Content Reporting and Appeals page.
10. Confidentiality
10.1 Confidential Information
Mappica may make available to you confidential, proprietary, or non-public information (“Confidential Information”), which includes any information that can reasonably be understood to be confidential in nature, such as non-public information about the Mappica web application’s security, performance, functionality, or features. You agree to the following:
(i) You shall take reasonable steps to safeguard and protect Mappica’s Confidential Information.
(ii) You shall not disclose Mappica’s Confidential Information to third parties, unless you are directed otherwise by Mappica, or are required by law to disclose the Confidential Information, or are sharing the Confidential Information with professional advisors who have a legal obligation to keep it confidential.
(iii) You shall, unless prohibited by law, promptly inform Mappica prior to the disclosure of Confidential Information, and shall afford Mappica the opportunity to seek a protective order or other remedy.
(iv) You acknowledge that Mappica will be irreparably harmed if Mappica’s Confidential Information is distributed in breach of this Section, and that Mappica would not have an adequate remedy at law in the event of such an actual or threatened breach. Therefore, you agree that Mappica shall be entitled to seek injunctive relief against any actual or threatened breaches of this Section without the necessity of showing actual damages or showing that monetary damages would not afford an adequate remedy.
11. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MAPPICA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, PROCEEDINGS, OBLIGATIONS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) THAT ARISE FROM OR RELATE TO:
(I) YOUR ACCESS TO, USE, OR MISUSE OF OUR SERVICES;
(II) YOUR VIOLATION OF THESE TERMS, INCLUDING YOUR VIOLATION OF ANY OF OBLIGATIONS, REPRESENTATIONS, OR WARRANTIES UNDER THIS AGREEMENT;
(III) YOUR USER CONTENT, INCLUDING ANY CLAIMS THAT THE USER CONTENT INFRINGES, MISAPPROPRIATES, OR VIOLATES ANY THIRD-PARTY RIGHTS, INCLUDING ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY;
(IV) ANY DISPUTES BETWEEN YOU AND ANY THIRD PARTY REGARDING OWNERSHIP, USE, OR RIGHTS TO THE USER CONTENT;
(V) YOUR USE OF THE SERVICES OTHER THAN AS EXPRESSLY AUTHORIZED BY THESE TERMS;
(VI) ANY VIOLATION OF AN APPLICABLE LAW OR REGULATION; OR
(VII) YOUR USE OF THE SERVICES TO PROCESS SENSITIVE PERSONAL INFORMATION TIED TO INDENTIFIABLE INDIVIDUALS IN VIOLATION OF THESE TERMS.
MAPPICA WILL PROVIDE YOU WITH NOTICE OF ANY SUCH CLAIM, BUT FAILURE TO PROVIDE PROMPT NOTICE WILL NOT RELIEVE YOU OF YOUR INDEMNIFICATION OBLIGATIONS EXCEPT TO THE EXTENT THAT SUCH FAILURE MATERIALLY PREJUDICES YOUR ABILITY TO DEFEND THE CLAIM.
12. Warranties and Disclaimers
12.1 No Warranty
MAPPICA’S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY AT A PARTICULAR LOCATION OR AT A PARTICULAR TIME, FREEDOM FROM DEFECTS, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED FROM US BY YOU WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION TO THE FOREGOING, MAPPICA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT MAPPICA’S SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICE OR ANY CONTENT OBTAINED BY USING OUR SERVICES.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION, DATA SECURITY, AND DATA RECOVERY.
YOUR SOLE REMEDY AGAINST US IN THE CASE OF DISSATISFACTION WITH MAPPICA’S SERVICES IS TO STOP USING THE SERVICES.
12.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAPPICA AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONTENT OBTAINED FROM THE SERVICES, INCLUDING ANY ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES WITHIN THAT CONTENT; (III) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE ACCESSED THROUGH OUR SERVICE; (IV) ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM OR ON ANY THIRD-PARTY WEBSITE LINKED TO THEM; (V) ANY INTERRUPTION TO OUR SERVICE AT ANY TIME OR LOCATION: (VI) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR ACCOUNT: OR (VII) YOUR ACCESS TO OR USE OF ANY CONTENT FROM THIRD-PARTY WEBSITES ACCESSED VIA LINKS IN MAPPICA’S SERVICES.
IN NO EVENT WILL MAPPICA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MAPPICA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL MAPPICA AND ITS AFFILIATES', INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS' AND SERVICE PROVIDERS', COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO MAPPICA PURSUANT TO THIS AGREEMENT FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM.
THE LIMITATIONS SET FORTH IN SECTION 12.2 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
13. Governing Law and Dispute Resolution
13.1 Informal Negotiations. To expedite resolution and minimize the costs associated with any dispute, controversy, or claim related to these Terms or your use of the Services (“Dispute”), you and Mappica agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Informal negotiations will begin upon written notice from you to Mappica, sent to Mappica LLC, 418 W. Garden St, Box 4, Pensacola, FL 32502, United States, with an email copy to support@mappica.com.
13.2 Binding Arbitration. If a Dispute cannot be resolved through informal negotiations, you and Mappica agree to have the Dispute (except those Disputes expressly excluded below) resolved exclusively by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU AND MAPPICA ARE WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
13.3 Arbitration Rules and Procedures. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be held in the State of Florida. The arbitration may be conducted in person, through the submission of documents, by telephone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
13.4 Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules. Each party will bear their own attorneys' fees and expenses unless otherwise awarded by the arbitrator under applicable law.
13.5 Exceptions to Arbitration. Each party retains the right to seek injunctive or other equitable relief from a federal or state court located in Florida to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights. Additionally, either party may bring an individual action in small claims court.
13.6 Waiver of Class Actions and Non-Individualized Relief. You and Mappica agree that any arbitration will be conducted in their individual capacities only and not as a class action or other representative action. You and Mappica expressly waive the right to file a class action or seek relief on a class or representative basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
13.7 Location of Arbitration. Arbitration will take place in Florida, unless both parties agree otherwise in writing. For any Dispute not subject to arbitration, the parties agree to submit to the personal jurisdiction of the state and federal courts located in Florida, and waive any objections to such jurisdiction or venue.
13.8 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13.9 Arbitration Award. The arbitrator's decision will be final and binding on all parties. The arbitrator may award any individual relief or individual damages that are permitted by applicable law, but may not award any form of declaratory or injunctive relief affecting anyone other than the individual party to the arbitration. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
14. Sanctions and Export Controls
14.1 Compliance with Sanctions and Export Controls. You understand and agree that Mappica and its Services are subject to U.S. export control and sanctions laws, including, but not limited to, the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, the International Traffic in Arms Regulations (ITAR) maintained by the U.S. Department of State, and economic and trade sanctions regulations maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). You agree to comply with all applicable export and re-export control and sanctions laws and regulations, and you represent and warrant that neither you, nor any person to whom you make our Services available, is:
(i) Located in, under the control of, or a national or resident of any country or territory that is subject to comprehensive U.S. sanctions (including but not limited to Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, and any other regions or countries designated by the U.S. government);
(ii) On any U.S. government list of prohibited or restricted parties, including the OFAC Specially Designated Nationals (SDN) and Blocked Persons List, the Entity List, or the Denied Persons List; or
(iii) Engaged in any activities that would trigger a violation of applicable export controls or sanctions laws.
14.2 Restrictions on Use. You may not use, export, re-export, import, sell, or transfer our Services in any way that would cause Mappica or its affiliates to be in violation of U.S. or other applicable export controls or sanctions laws. This includes, but is not limited to, prohibiting access to the Services from, or making the Services available to, any person or entity located in any country or territory subject to comprehensive sanctions, or to any person or entity on a U.S. government list of prohibited or restricted parties.
14.3 Right to Terminate. Mappica reserves the right to terminate or restrict your access to the Services immediately and without notice if it determines, in its sole discretion, that your use of the Services may cause a violation of U.S. export controls or sanctions laws or regulations, or if such access poses a potential risk to Mappica's compliance with these laws.
14.4 Disclosure of Information. You acknowledge that Mappica may be required to report, provide, or disclose certain information related to your use of the Services to comply with applicable export control and sanctions laws and regulations. Mappica will cooperate with appropriate government authorities in investigations relating to alleged violations of export controls or sanctions laws.
14.5 Your Obligations. By accessing or using the Services, you represent and warrant that you are not violating any applicable export control or sanctions laws, and you agree to take all actions necessary to ensure compliance with such laws, including but not limited to obtaining any required licenses or approvals and providing any documentation or information requested by Mappica to ensure compliance.
By using our Services, you confirm that you understand and will comply with all restrictions and obligations set forth in this Section 14.
14.6 US Governmental Rights. The Services are a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” as used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you only receive those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
15. General Provisions
15.1 Entire Agreement. These Terms, together with any amendments and any additional agreements you may enter into with Mappica in connection with the Services, constitute the entire agreement between you and Mappica concerning your use of the Services. These Terms supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter. In the event of any conflict between these Terms and any additional agreement, the additional agreement will prevail.
15.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect. The invalidity of any provision of these Terms shall not affect the validity of any other provision, and all other provisions will remain in full force and effect.
15.3 Waiver. No waiver of any provision of these Terms shall be effective unless it is in writing and signed by an authorized representative of Mappica. The failure of Mappica to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms in one instance will not constitute a waiver of such provision in any other instance.
15.4 Assignment. You may not assign, transfer, or sublicense these Terms or any of your rights or obligations under these Terms without Mappica’s prior written consent. Any attempted assignment or transfer in violation of this provision will be null and void. Mappica may assign or transfer these Terms, in whole or in part, without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.
15.5 Notices. Mappica may provide notices to you via email, regular mail, or postings on our website or through the Services. All notices to Mappica should be sent to Mappica LLC, 418 W. Garden St, Box 4, Pensacola, FL 32502, United States, or via email at support@mappica.com.
All notices and other communications hereunder shall be in writing and shall be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.
15.6 Contact Information. If you have questions regarding these Terms, please contact support@mappica.com.
15.7 No Third-Party Beneficiaries. These Terms are intended solely for the benefit of you and Mappica and do not create any rights for any third parties, except as expressly stated otherwise in these Terms.
15.8 Miscellaneous. These Terms and any rights or licenses granted hereunder may not be modified, amended, or waived by any oral statement by a representative of Mappica. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature should survive termination of these Terms will survive, including, but not limited to, provisions relating to intellectual property, indemnification, and limitations of liability. No agency, partnership, joint venture, or employee-employer relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Mappica in any respect whatsoever.
15.9 Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Florida for any actions for which we retain the right to seek injunctive or other equitable relief, as further described in Section 13.
15.10 Force Majeure. Mappica shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by events beyond its reasonable control, including, without limitation, acts of God, war, terrorism, civil unrest, strikes, natural disasters, epidemics, or governmental actions.
