This page sets out the terms and conditions (“Terms & Conditions”) associated with the purchase and use of any mapflo services (“Services”) provided by Outram Ventures Ltd. (“We”; “Us”; “Mapflo”).
Intellectual Property, Copyright and Trademarks
The Features, content, materials and functionality in any Services, 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 or Google 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. 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, Google and Microsoft. 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 of a relationship with Mapflo and its licensors.
No services, endorsement or consultation
Information contained within Services should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors.
Mapflo does not endorse the accuracy or reliability of Data or Content (article, opinion, advice etc.) provided within Services.
You acknowledge and agree that any reliance upon such articles, reports, advice, opinion or information within Services provided to you shall be at your sole option, liability and risk.
You agree that any Services purchased from and provided by Mapflo is solely for your internal use and may not be furnished in whole or in part to any other person other than your directors, officers and employees without the prior written consent of Mapflo.
If you receive a request to disclose all or any part of any Content under the terms of a valid and effective subpoena or order issued by a court of competent jurisdiction, such disclosure by you shall not constitute a violation of these Terms & Conditions.
You agree that in purchasing Services, you are purchasing Mapflo’s know-how in data analysis and insights into your Google Account set-up.
Mapflo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services, including Looker Studio and Power BI. You further acknowledge and agree that Mapflo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such sites or services, including Looker Studio and Power BI.
Order Confirmations placed by you (“Orders”) for any Mapflo Services shall only be binding when accepted by us. You shall not cancel or amend an Order unless we have given our prior written consent. We shall assume that any person who places an Order on your behalf can bind you legally.
Charges, Payment Terms and Refunds
All charges 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 applicable from time to time against the relevant charges.
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.
Services bought online must be paid for in advance. Mapflo may offer refunds at its sole discretion.
Some Services are billed on a recurring basis (“Subscription”) according to a set period (“Billing cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
Your Subscription will automatically renew at the end of each Billing Cycle unless you cancel it, or Mapflo cancels it. You may cancel your Subscription by contacting Mapflo.
Your Confidential Information
Mapflo recognises that we may be given access to confidential information (including, but not limited to, data in your Google Ads accounts) as part of providing you with Services (collectively, “Confidential Information”).
You recognise and confirm that Mapflo will use and rely on the Confidential Information only to provide Services.
Mapflo agrees that it will disclose Confidential Information only to those of its directors, officers, employees, advisors or agents who have a need to know of such information. Confidential Information shall not include information that (a) is in the possession of Mapflo prior to its receipt of such information from you, (b) is or becomes publicly available other than as a result of a breach of this agreement by Mapflo.
We will access data from your Google Ads account either via Google Ads API or by you adding Mapflo as a read-only user on the account.
You can cancel Mapflo’s access to your Google Ads account API at: https://security.google.com/settings/security/permissions
We shall use reasonable effort to ensure Services provided to you are in accordance with any specifications set out in an Order.
We do not warrant that the Services will meet your requirements or that they will be complete, error-free or delivered without interruption.
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 Services and acknowledge that, except as stated above, we do not provide any additional warranties or guarantees relating to the Services.
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 Services ordered in the 12 months preceding the date the incident occurs.
If you purchase an order from Mapflo, We reserve the right to disclose that you are a Client of Mapflo.
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.
These Terms & Conditions constitute the entire understanding between the parties relating to Services and supersede all previous agreements and understandings whether oral or written relating to Services.
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 Services 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.
These Terms & Conditions shall be governed by English law. The parties irrevocably agree to the exclusive jurisdiction of the Courts of England and Wales.