Definitions

The following definitions apply to this Agreement:

"us", "we", or "our": MangoMap Limited

"you", "your", "Customer": you, an individual or organization;

"Order Form": means an order form agreed and executed by both parties, setting out the Services ordered by the Customer or changes to the Services ordered by either Party;

"Services": means the services provided by MangoMap as set out in an Order Form and the service accessible at mangomap.com (https://www.mangomap.com);

"User Data": business data and other information related to you, your customers, or your business;

"Account": the access point that a Customer has to the Services, comprising a unique username (or email address) and a password;

"Subscription": the contract or agreement between the Customer and us, where a regular recurring fee is paid in exchange for access to the Services;

"Billing Cycle": refers to the recurring time period for which a Customer is billed for the use of the Services. A Subscription may be billed in full in a single Billing Cycle or by instalments in mutual agreement between the Customer and us;

"Standard Terms": means these terms and conditions;

If there is any conflict between the terms of this Agreement, the following order of priority shall apply:

1. Order Form(s); and
2. Standard Terms.

To access the Services, Customers must at all times agree to and abide by these Terms. The Services allow you to submit, store, and access User Data. These Terms apply to all visitors, Customers, and others who access or use the Service.

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

Accounts

When you create an account with us, you must provide us with accurate, complete, and current information 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 a notice to correct the issue or, in some cases, suspension or termination of your account if not rectified in a reasonable timeframe.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service. While we take reasonable measures to protect your account, MangoMap Limited cannot be held liable for any loss or damage resulting 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. In such cases, we will work with you to restore the security of your account as soon as possible.

You must be 13 years or older to create an account using the Services, 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 Services 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 Services or modify another website so as to falsely imply that it is associated with the Services, MangoMap Limited, or any other Mango service.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit with malicious intent any portion of the Services, use of the Services, or access to the Services without the express written permission by MangoMap Limited.

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.

Account Activation

Subject to your compliance with these Terms of Service, MangoMap Limited grants you a personal, worldwide, non-exclusive, non-transferable, revocable, limited license to use and access the Services.

You are responsible for maintaining the security of your account and password. MangoMap Limited cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

You may not use the Service 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 transmit any worms or viruses or any code of a destructive nature.

Subscriptions

Certain parts of our Services are billed on an automatically renewing subscription basis. Purchasing a paid subscription will end your free trial period.

Billing Cycles and Renewal: You will be billed in advance on an agreed recurring billing cycle. Billing cycles are set either on a monthly, quarterly, annual, or multi-year basis, depending on the subscription plan you select at the time of purchase.

For annual and multi-year plans, a renewal reminder will be sent 30 days before the renewal date to ensure you have ample time to make any necessary adjustments to your subscription. Your continued use of the Services following the renewal constitutes your agreement to the renewed subscription terms.

Payment Information: A valid payment method, such as a credit card, is required to process the payment for your subscription. You must provide us with accurate and complete billing information, including your full name and a valid payment method. By submitting your payment information, you authorize us to charge all subscription fees incurred through your account to any such payment instruments. It is your responsibility to keep your billing information up-to-date. If your payment method expires or is otherwise invalid, you must promptly update the billing information to ensure uninterrupted service.

For customers who receive invoices, payment is accepted by bank transfer in USD, or GBP for UK residents. Please refer to the bank transfer information provided on your invoice for transfer details. Ensure that all payments are made in the correct currency to avoid processing delays.

Fees and Modifications to the Services

Bank and Currency Fees: MangoMap Limited is not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed for the Services. Currency exchange settlements will be based on agreements between you and your financial institution.

Taxes and Duties: All subscription fees and optional account add-ons are exclusive of taxes, levies, or duties imposed by taxing authorities, except for UK customers who will be charged UK VAT. For EU customers, the reverse charge mechanism may apply, and you will be responsible for accounting for VAT in accordance with local regulations. You are responsible for the payment of all other applicable taxes, levies, or duties.

Modifications to Services and Fees: We may, at our sole discretion and at any time, modify or discontinue the Services (or any part thereof) and adjust subscription fees.

We will provide you with advance notice of at least 60 days detailing any changes to subscription fees or significant modifications to the Services. This notice will be sent via email to the address associated with your account and will outline the nature of the changes and their effective date.

Fee changes will become effective at the first Subscription renewal that occurs after the effective date of change. Your continued use of the Services 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 Services.

Refunds

All charges are non-refundable unless expressly stated otherwise or as provided by applicable consumer protection laws.

The Services are billed in advance according to your chosen billing cycle and are non-refundable. There will be no refunds or credits for partial periods of usage, upgrades, or for any unused period with an active account.

Upgrades and Downgrades, and Billing Cycle Changes

Upgrades: Upon the successful upgrade of a subscription, any new features associated with the upgraded plan will be available for use immediately.

Downgrades: Downgrading your Services may result in the loss of user data, features, or account capacity. Mango does not accept any liability for any loss incurred as a result of downgrading. Upon downgrading, any unused amounts of subscriptions already paid will be credited towards your new plan.

Billing Cycle Changes: Changing from a monthly renewing subscription to an annual or multi-year subscription will start a new subscription period. Any unused amounts of monthly subscriptions already paid will be credited towards your new subscription fees.

Cancellation and Termination

You are solely responsible for cancelling your paid subscription. You may terminate your subscription at any time before the renewal date by closing your account through your account panel. We do not provide refunds for any remaining credit in your Subscription billing cycle.

Upon cancellation, all user data associated with the account will be deleted from the Services. We aim to complete this within 30 days of closure. Once deleted from our live systems, copies may persist in our encrypted backups until those backups age out on their normal retention cycle, as described in Data Security, Processing & Storage. You should not rely on being able to recover user data after cancellation.

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

Termination of the Services will result in the deletion of your user data and the removal of access to your account, on the same basis as cancellation above. You should not rely on being able to recover user data after termination. Mango reserves the right to refuse service to anyone for any reason at any time.

General Conditions

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

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, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MangoMap Limited.

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

We may, but have no obligation to, remove content and accounts containing content 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.

You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Connections between you and the Services are encrypted in transit, as described in Data Security, Processing & Storage.

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 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:

• the use or the inability to use the Services;
• 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 Services;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party access through the Services;
• or any other matter relating to the Services.

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.

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:

  1. be at least 18 years old or the age of majority where Partner resides;

  2. provide certain Personal Information necessary for registration and authentication, and agree that email will be our primary method of communication;

  3. make certain acknowledgments if signing up on behalf of an employer or a company;

  4. agree that this Agreement may be changed by MangoMap Limited at any time.

Partner is responsible for compliance with this Agreement, including Terms of Services by Partner and any party Partner allows to access Partner Account.

Partner is solely responsible for all User Data submitted to the Services, and Partner warrants and represents that you have the rights and authority to submit User Data on behalf of yourself and any third-party for which you submit User Data to the Services.

You understand that by using the Services you may be exposed to User Data that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will MangoMap Limited be liable in any way for any User Data, including, but not limited to, any errors or omissions in any User Data, or any loss or damage of any kind incurred as a result of the use of any User Data posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

MangoMap Limited reserves the right to:

• remove User Data without prior notice;
• refuse or terminate the Service to any person or entity for any reason, at our sole discretion;
• terminate Partner's Account for violations of this Agreement.

We do not pre-screen User Data, but we have the right (but not the obligation) to refuse or remove any User Data that is available via the Services.

Partner is responsible for all activity that occurs under Partner's Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Partner's Account.

A Partner may not:

• share Partner Account login credentials with others, except when required for authorized resale activities;
• sublicense, rent, or lease any portion of the Services other than authorized resale activities;
• use the Services for illegal purposes or transmit illegal material;
• attempt to gain unauthorized access to, or disrupt the integrity, security or performance of the Services;
• knowingly send, upload, or distribute in any way any material that contains viruses, malware, or any other harmful software.

Partner must:

• notify MangoMap Limited immediately of any unauthorized use of Partner's Account or any other known breach of security.
• report User Data that violates our policies.
• not use any false information on Partner's Account, create a false identity, or impersonate another person or entity in any way.

We reserve the right to refuse service to a Partner for any reason at any time.

Acceptable Use Policy

When using MangoMap, you agree to do so in a manner that respects our platform, other users, and applicable laws. By using our platform, you agree not to:

• Use any part of MangoMap's platform to create, support, or promote a competing product or service.
• Disparage MangoMap, our partners, vendors, or affiliates; or authorize, permit, enable, induce, or encourage any third party to do any of the above.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of MangoMap, or which may harm MangoMap, its users, or expose them to liability.
• Publish or disseminate any material that is materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.
• Decipher, decompile, disassemble, or reverse engineer any part of MangoMap's software or services.
• Use the platform for any unlawful or illegal activities, including but not limited to the distribution of malware, fraudulent activities, or infringement of intellectual property rights.
• Attempt to gain unauthorized access to any part of the MangoMap platform, systems, or data.
• Overuse or abuse platform resources in a manner that affects other users or the stability of the platform.
• Use automated systems, bots, or scripts without prior consent, or engage in spamming, bulk email campaigns, or similar activities.

Violation of these terms may result in account suspension or immediate termination.

Fair Usage Policy

Accounts can have up to 50,000 map views per month under our fair usage policy. If your bandwidth usage significantly exceeds this average (as determined solely by us), we will take the following steps:

Notice of Excessive Usage: If your account exceeds the fair usage limits, we will notify you via email, providing details of your current usage and the fair usage threshold.

Grace Period: Upon receiving the notice, you will have a 30-day grace period to reduce your usage or to upgrade your subscription plan to accommodate higher usage. During this period, your account will continue to operate normally without any restrictions.

Throttling and Disabling: If, after the 30-day grace period, your usage continues to exceed the fair usage limits and no action has been taken to address the issue, we reserve the right to throttle your account's bandwidth or disable certain features until your usage falls within acceptable limits or you upgrade your subscription.

Upgrade Options: We will provide you with information on available upgrade options that can accommodate higher usage levels. Our customer support team will be available to assist you in finding the best plan for your needs.

Communication and Support: Our support team is available to discuss your usage and help you manage it effectively. We encourage you to contact us if you anticipate a significant increase in usage or if you have any questions regarding the fair usage policy.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

You agree that any dispute or claim arising out of or in connection with these Terms of Service, or your use of the Services, will be resolved exclusively in the courts of the United Kingdom. By using the Services, you consent to the jurisdiction of such courts and waive any objection to such jurisdiction or venue.

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:

• the service will meet your specific requirements;
• the service will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the service will be accurate or reliable;
• the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
• any errors in the Service will be corrected.

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 Services any User Data 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 Services.

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 Services are covered by a single notification, a representative list of such works from the Services;
• 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

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 Services, superseding any prior agreements between you and us (including, but not limited to, any prior versions of these Terms of Services).

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 Services, 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 Services, including but not limited to your violation of the Terms.

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 Services.

You understand and accept that the technical processing and transmission of the Services, including your User Data, may involve:

1. transmissions over various networks; and

2. 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 see Data Security, Processing & Storage.

Support

Our commitment to providing outstanding customer support is a cornerstone of our Services. Support requests can be submitted through our Help Centre which can be found at https://help.mangomap.com.

The expected response times for each of our plans are as follows:

Tier 1: Our Agency plan customers enjoy our fastest support responses, with replies typically sent within 12 hours of the request submitted through the Mango Help Centre.

Tier 2: As an Enterprise plan customer, you'll benefit from our priority support, and we aim to respond to your queries, submitted via the Mango Help Centre, within one business day.

Tier 3: For our Business plan customers, we strive to respond to all support requests, submitted through the Mango Help Centre, within two business days.

Tier 4: If you're on our Professional plan, you can expect to receive a response within three business days after submitting a support request via the Mango Help Centre.

Please note that these times are maximum estimates and we always strive to respond to our customers as soon as possible.

For our Enterprise and Agency plan customers, phone support is available by appointment. This allows us to ensure we provide timely and effective phone assistance. Unfortunately, phone support is currently not available for Professional and Business plans.

These published response times apply to standard business days and hours, and might be affected by time zones, national holidays, and other events. We appreciate your understanding and are dedicated to assisting you as quickly and effectively as possible.

Contact

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

How can you contact us about this notice?

If you have any questions or concerns about these Terms of Service please contact us.

support@mangomap.com
1 Victoria Street
Bristol, BS1 6AA
United Kingdom