This page sets out the terms and conditions (“Terms & Conditions”) associated with the purchase and/or use of Mapflo’s data analysis software product (“Product”) by the entity or individual using and accessing the Products (“Customer” or “You”). The Product is provided by Outram Ventures Ltd. (“We”; “Us”; “Mapflo”) a company registered in England and Wales with company number 12472978. Registered office: 27 Mortimer Street, London, W1T 3BL.
Effective Date: 2nd May 2023
1. What is mapflo Product?
Mapflo’s data analysis tool Product is a web-based software product that enables users to shape and configure data sets for data analysis/insight and/or provide data sets for reporting.
The Product uses flows. Each flow has it’s own canvas.
Users can upload data into a flow in the Product via Google Sheets or CSV (or directly from a database such as Big Query), use nodes on a canvas to join, filter, shape the data and then export the reconfigured data set to Google Sheets, CSV (or database source).
Users can run flows manually or schedule flows to run at specific times.
2. Users and Customers
A User is any individual that uses the Mapflo Productl (“User”).
If a User is linked to an entity, such as a business or organisation, then the Customer is defined as that entity. A User that creates an account on behalf of an entity must have the necessary authority to enter into the contract on behalf of the entity before proceeding.
As the Customer, the entity is the ultimate owner of the account. Any User associated with the account is a representative of the Customer.
If a User is a private individual using a personal email address to access and use the Product then the Customer is that individual.
3. Customer accounts and account termination
To use the Product, a Customer must create an account.
A Customer can create a new account through the Mapflo website. The user creating the account must provide their real name and email address (that will be validated) and password.
The User is solely responsible for keeping their password and account details safe.
To create an account, a private customer must be 18 years of age or older.
Customers initially create a free account for which there is no fee. A free account may have reduced features and data storage versus a paid account.
Mapflo may terminate a free account at any time and without notice. A Customer may terminate a free account by contacting mapflo.
Customers can upgrade a free account to a paid account via the ‘Your Account’ menu option in the Mapflo Product.
If a Customer cancels a subscription to a paid account, the account reverts to a free account at the end of that billing period.
4. Charges, Subscriptions, Payment Terms and Refunds
Charges are made to Customers on a paid account.
When upgrading to a paid account, a Customer must choose to pay on a recurring monthly billing cycle (monthly subscription) or a recurring annual billing cycle (annual subscription). A paid account must be cancelled at least one day before the expiry of the current billing cycle to avoid payment for the next payment cycle being taken.
A Customer must make payment at the point of purchase using one of the payment methods available. Mapflo will send an automated confirmation invoice to the User’s email address.
If a Customer moves to a more expensive plan during a billing cycle then the new plan will be effective immediately after payment is taken. Outstanding credit on the previous plan will be used to offset the cost of the new plan.
If a Customer moves to a less expensive plan during a billing cycle (or cancels their plan), the features and price change will take place at the end of the current billing cycle.
All displayed prices are exclusive of any applicable value-added tax (or any successor tax) and any other applicable tax of any nature whatsoever, which shall be payable by you, in accordance with the law, against the relevant charges.
Mapflo reserves the right to modify or revise fees at any time, which will become effective from the next billing cycle.
All payments made or to be made under these Terms & Conditions shall be made in full, without any deduction, withholding, set-off or counterclaim on account of any taxes or otherwise.
Mapflo may offer refunds at its sole discretion.
5. Customer Data
All Data processed in an account’s flows is customer data (“Customer Data”) and shall remain the sole property of the Customer.
Customer grants Mapflo the right to process, access, edit, import, export and display Customer Data as is reasonably necessary to provide the Product.
Customer is solely responsible for the accuracy, quality and integrity of their Customer Data.
6. Integrations with third parties
Mapflo permits direct integrations with Google Sheets and various cloud databases. Mapflo is not responsible for any third-party products that are used by a Customer as a source or destination of Customer Data. Third-party products are solely responsible for how they protect customers’ data. Customers’ use of third-party products is subject to a separate terms and conditions agreement with that third party.
7. Suspension of account and deletion of account Customer Data
Mapflo may suspend a free account at any time and with no notice.
Mapflo may delete all associated Customer Data of a free account at any time. We will endeavour to provide reasonable notice of deletion to the User by email.
Mapflo may suspend a paid account if:
i) payment is 15 days overdue
ii) the account is being used for illegal purposes;
iii) the account has been accessed by someone who is not a designated User on the Account (unauthorised access);
iv) the Customer has breached any of these terms;
v) the Customer is using Mapflo beyond acceptable fair use (excessive size and volume of data flows that incur substantial server costs for Mapflo to process)
8. Data security
Mapflo takes data security very seriously (such as password protection, encryption, logging and monitoring). More details can be read here: https://www.mapflo.io/data-security/
9. Customer Obligations
Only the User may log in using the User’s account details. You must notify Mapflo immediately if there is any unauthorised access to your account.
You agree to only use Customer Data that you own all required rights to or where you have obtained a valid license to process.
You agree not to use the Product for any Customer Data that you do not have the right to use, or for any illegal activity.
You agree not to infringe or violate any third-party copyrights, trademarks, trade secrets, patents, or other proprietary rights.
We are not liable for any loss or damage incurred by your failure to comply with these obligations.
10. Availability of Product
We will make reasonable efforts to make the Product is available 24 hours a day, 7 days a week, excluding planned downtime.
11. Updates to Terms and Conditions
We assert the right to update this agreement from time to time. Updates will come into effect from the asserted effective date. If the customer objects to an update, then the Customer may terminate their account, in which case Mapflo will refund the customer any fees due with respect to the remaining time left on the current billing cycle.
12. Intellectual Property, Copyright and Trademarks
The Features, content, materials and functionality in the Product, including text, images, icons, graphics, audio recordings, software, logos, videos, tools, frameworks, algorithms, know-how, and processes along with any enhancements to or derivative works thereof (collectively, “Content”) is the exclusive property of Mapflo or its licensors and is protected by UK and international laws.
None of the Content nor know-how shall be copied, modified, reproduced, altered, downloaded, published or distributed in any way without our written permission or the copyright owner’s. All rights not expressly granted are hereby reserved.
The trademarks, service marks and logos (collectively “Trademarks”) used in Services provided to you are the registered and unregistered Trademarks of Mapflo and its licensors. Trademarks should not be used without prior written permission from Mapflo. This includes use in any public medium (social media, press release etc.) for advertising or promotion purposes, or to imply a relationship with Mapflo and its licensors. Notwithstanding, Customers may publicly state that they are customers of Mapflo.
We shall use reasonable effort to ensure the Product provided to you is in accordance with any specifications set out in an Order.
We do not warrant that the Product will meet your requirements or that it will be complete, error-free or delivered without interruption. We do not warrant that we will maintain flows or Customer Data without loss. We do not warrant that system or data bugs or errors will be corrected. We do not warrant that the mathematical calculations performed in Mapflo are accurate.
Except as expressly set out in these Terms & Conditions, all express or implied representations, warranties, conditions and undertakings are excluded to the maximum extent permissible by law. You assume sole responsibility for the selection, suitability and use of the Product and acknowledge that, except as stated above, we do not provide any additional warranties or guarantees relating to the Services.
14. Limitation of liability
We shall not be liable to you for any indirect or consequential loss, including loss of actual or anticipated profits, revenue, goodwill, anticipated savings or data, whether arising from negligence, breach of contract or otherwise.
Our liability in contract, tort or otherwise arising out of or in connection with these Terms & Conditions shall not exceed, in respect of any one or more incidents, the total payment received by us from you for Products ordered in the 12 months preceding the date that the incident occurs.
If you purchase an order from Mapflo, We reserve the right to disclose that you are a Client of Mapflo. You may disclose that you are a Customer of Mapflo.
16. Force Majeure
We shall not be liable for any delay or failure to perform any obligation under these Terms & Conditions insofar as the performance of such obligation is prevented by an event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of sources from which data is obtained.
17. Further Provisions
These Terms & Conditions constitute the entire understanding between the parties relating to the Product and supersede all previous agreements and understandings whether oral or written relating to the Product.
If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent. These Terms & Conditions do not confer any rights to or on any third party.
You hereby indemnify, defend, and hold harmless Mapflo and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, “Mapflo Indemnified Parties”) from and against any and all liability, expenses and costs incurred by Mapflo Indemnified Parties in connection to: (a) any claims arising out of your use of the Product and (ii) any breach by you of these Terms & Conditions, including the representations, warranties and covenants you made, if any, by agreeing to these Terms & Conditions. Mapflo reserves the right to assume, at its own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you.
19. Governing Law
These Terms & Conditions shall be governed by English law. The parties irrevocably agree to the exclusive jurisdiction of the Courts of England and Wales.