1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and MulchMapper ("we," "our," or "us") governing your access to and use of the MulchMapper platform, website, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a school, booster club, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you and that organization.
If you do not agree to these Terms, please do not access or use our Services.
2. Services Description
MulchMapper is a Software as a Service (SaaS) platform designed to help schools, booster clubs, and similar organizations manage fundraising sales, coordinate volunteer drivers, manage deliveries, and track event progress.
We provide the platform as a subscription service, allowing organizations to create and manage their own instances for their fundraising events. The specific features and functionality available may vary based on subscription level and may be updated or modified over time.
3. User Accounts
3.1 Account Creation
To use certain features of the Services, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
3.2 Account Types
MulchMapper offers different account types with varying levels of access and permissions:
- Platform Super Administrator: Manages the MulchMapper platform, subscriptions, and system health.
- School Administrator: Manages a specific school's instance, including configuration, products, orders, drivers, and deliveries.
- School Driver: Accesses assigned deliveries and map features for a specific school.
3.3 Account Security
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account.
4. Subscription and Payment
4.1 Subscription Model
MulchMapper operates on a subscription model. Schools and organizations subscribe to the platform for an annual fee, which provides access to the Services for the duration of the subscription period.
4.2 Payment Terms
Payment for subscriptions is processed through our third-party payment providers. By subscribing to MulchMapper, you agree to pay all fees applicable to your subscription level. All subscription fees are non-refundable except as expressly provided in these Terms or as required by applicable law.
4.3 Subscription Renewal
Subscriptions automatically renew for additional periods equal to the initial subscription term unless canceled by you at least 30 days before the end of the current term. You may cancel your subscription through your account settings or by contacting our support team.
4.4 Pricing Changes
We reserve the right to change our subscription fees at any time. If we change our fees, we will provide notice of the change on the website or by email, at our discretion. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the updated fee amount.
5. User Content and Data
5.1 Your Content
You retain all rights to any information, data, text, graphics, or other material that you upload, post, or otherwise make available through the Services ("User Content"). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, process, adapt, modify, publish, transmit, display, and distribute such content in connection with providing and improving the Services.
5.2 Customer Data
As part of using the Services, you may collect and process information about your customers ("Customer Data"). You represent and warrant that:
- You have obtained all necessary rights, consents, and permissions to collect, use, and share Customer Data with us.
- Your collection and use of Customer Data complies with all applicable laws and regulations, including privacy laws.
- You have provided appropriate privacy notices to your customers regarding your use of MulchMapper.
5.3 Data Security
We implement reasonable security measures to protect User Content and Customer Data. However, no method of transmission or storage is completely secure. We cannot guarantee absolute security of data stored on the platform.
6. Acceptable Use
6.1 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws, regulations, or third-party rights
- Using the Services for any illegal or unauthorized purpose
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services
- Impersonating another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
- Uploading invalid data, viruses, worms, or other software agents through the Services
- Collecting or harvesting any personally identifiable information from the Services
- Using the Services in a manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services
- Attempting to gain unauthorized access to the Services, user accounts, or computer systems or networks connected to the Services
6.2 Multi-Tenant Environment
MulchMapper is a multi-tenant platform where each school or organization has its own isolated environment. You agree not to attempt to access or interfere with other tenants' data or operations.
7. Intellectual Property
7.1 Our Intellectual Property
The Services, including all designs, text, graphics, logos, icons, images, videos, software, and other content, are owned by MulchMapper or our licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms gives you a right to use any of our trademarks, logos, domain names, or other distinctive brand features.
7.2 License to Use the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal organizational purposes.
7.3 Feedback
If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose, including but not limited to incorporating it into the Services without any obligation to you.
8. Third-Party Services
The Services may integrate with or contain links to third-party websites or services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by or in connection with the use of any such third-party websites or services.
9. Disclaimers
9.1 "As Is" and "As Available"
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 No Guarantee of Service
We do not warrant that the Services will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected. We do not warrant that the Services are accurate, reliable, complete, or current.
9.3 No Professional Advice
The Services are not intended to provide legal, tax, accounting, or other professional advice. Any information or guidance provided through the Services is for general informational purposes only.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MULCHMAPPER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnification
You agree to defend, indemnify, and hold harmless MulchMapper, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms.
12. Term and Termination
12.1 Term
These Terms shall remain in full force and effect while you use the Services or maintain an account with us.
12.2 Termination by You
You may terminate your account at any time by contacting us. Please note that terminating your account does not automatically cancel your subscription, which must be done separately.
12.3 Termination by Us
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach of these Terms.
12.4 Effect of Termination
Upon termination, your right to use the Services will immediately cease, but all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
After termination, we will retain your data for a reasonable period of time to allow for data retrieval if you reinstate your account. After this period, we may delete your data in accordance with our data retention practices.
13. Modifications to the Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Services after the effective date of the revised Terms constitutes your agreement to be bound by the revised Terms.
14. General Provisions
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles.
14.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good faith negotiation. If such dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.
14.3 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and MulchMapper regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.
14.4 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.5 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent possible under law.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Address:
MulchMapper
123 Main Street
Suite 456
Anytown, USA 12345