MindMup Gold Terms of Service
Document updated 2 February 2018
This document specifies the terms of service (the “Terms”) for your use of MindMup Gold Storage (the “Services”). The services are provided by Sauf Pompiers Ltd, PO Box 6075, Westcliff-on-sea, SS1 9UX, United Kingdom (“We”).
By using our Services, you are agreeing to these terms. Please read them carefully.
You may only use the Services only in compliance with these Terms. You may not use the Services if you are barred under any applicable laws from doing so. If you are using the Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Sauf Pompiers Limited and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Using Our Services
The Services allow you to submit mind maps (“Content”) for online storage using the MindMup Gold storage provider. You retain full ownership of the Content. These Terms do not grant us any rights to the Content or intellectual property except for the limited rights that are needed to run the Services, as explained below.
You give us the right to store, archive, copy the Content for the purpose of hosting your mind maps, or publishing or sharing them as directed by you. This permission also extends to trusted third parties we work with to provide the Services, in particular Amazon Web Services, which provides our storage space.
We will store the Content using Amazon’s S3 Storage system and provide no additional protection, backups or guarantees for the storage of the Content. You, and not Sauf Pompiers Limited, are responsible for maintaining and protecting the Content. We will not be liable for any loss or corruption of the Content, or for any costs or expenses associated with backing up or restoring any of the Content.
You may not use the Services to store Content which does not belong to you, unless you obtain permission from its owner or are otherwise permitted by law. You may not use the Services to store illegal content under the any applicable local laws in your jurisdiction or under any applicable laws in United Kingdom. You are fully responsible and liable for the Content stored using the Services.
We may choose to review public content for legal compliance, but you acknowledge that We have no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of the Content, or any other information you may be able to access using the Services.
We may remove any Content that breaches these Terms without notice.
Your MindMup Gold Subscription
You need a MindMup Gold License (“License”) in order to use the Services. You may obtain the License personally or the License might be assigned to you by an administrator, such as your employer or educational institution.
The License authorises access from a browser profile and you may use the same license to authorise multiple browser profiles on multiple machines. All authorised profiles have full access to the content stored using the Services under the same License.
You are responsible for the activity that happens through actions on any browser profile using your License, whether or not you authorised that activity. To protect your information and content stored using the Services, keep your License confidential, and clear it from browser profiles you wish to de-authorise. (You can de-authorise profiles by following the steps explained in the MindMup Gold documentation page.)
You should immediately notify us of any unauthorised use of your License.
Your License authorises you to access the service for the duration set in the License. We may remove any Content submitted to the Service after your License expires without notice.
Billing Schedule; No Refunds
For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
Modifying and Terminating our Services
You can stop using the Services any time.
We reserve the right to stop, suspend, or modify the the Services at any time, without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.
Warranties and Disclaimers
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICE..
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SAUF POMPIERS LIMITED, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID BY YOU TO SAUF POMPIERS FOR THE PAST TWELVE MONTHS OF THE SERVICES IN QUESTION.
IN ALL CASES, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ENGLISH LAW. The validity, construction and performance of these Terms shall be governed by English Law and shall be subject exclusively to the jurisdiction of the English Courts.
We may revise these Terms from time to time. The most current version of the Terms will govern our use the Services and will always be at https://www.mindmup.com/resources/terms_gold.html.
We will notify you about significant updates to this policy at https://www.mindmup.com/news. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.