Terms of Service

Last Updated: 30th October 2017
ACCEPTANCE OF TERMS

Subject to this Terms of Service agreement (TOS), Mammoth Analytics provides, through its website, services, which includes the App and any other Mammoth products, and related technologies for monitoring your internal and external data sources, and all software, data, reports, text, images, sounds, video (Our Content) made available through any of the foregoing. Any new features added to the App are also subject to this TOS.

By accepting this TOS or by accessing or using the App or Website, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority or if you do not agree with this TOS, you must not accept this TOS and may not use the App.

These TOS outlined below are personal to you and are not assignable, transferable or sub-licensable by you except with Mammoth's prior written consent. Mammoth may assign, transfer or delegate any of its rights and obligations outlined below without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided in this TOS. No agency, partnership, joint venture, or employment relationship is created as a result of these TOS and neither party has any authority of any kind to bind the other in any respect.

In any action or proceeding to enforce rights under these TOS, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these TOS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Mammoth takes the privacy and security of your personal information very seriously. To help you understand what information is collected, how it will be used and how it's protected, read our Privacy Policy.

Please see our Glossary at the end of this page for definitions of certain terms used in our TOS.

MODIFICATION OF TERMS

Mammoth may change this TOS at any time and will notify you via email and the most current version will be available on the Website at www.mammoth.io/termsofservice. The revised TOS will become effective upon posting, and if you use the App after that date, your use will constitute acceptance of the revised TOS. If any change to this TOS is not acceptable to you, you must terminate your access and use of the App.

DESCRIPTION OF SERVICE

Mammoth does not own and shall not be responsible for any Personal Data, information or material that you authorize us to retrieve or submit in the course of using the App or Website. You, not Mammoth, shall be solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Personal Data. Mammoth shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Personal Data.

Mammoth will have the right to exploit aggregated Personal Data or data generated by or on behalf of Mammoth in connection with the Services and to provide aggregate, de-identified data to third parties, so long as such data is presented in the aggregate and does not identify you.

Mammoth may offer a temporary, cost-free trial period consisting of a restricted version of the Services. Unless earlier terminated as described in this TOS, any trial period will continue for either the then-current period offered by Mammoth, unless otherwise extended by Mammoth in its discretion, or if earlier, the start date of your paid Services period. The trial period may be subject to additional terms and conditions as set forth in the Services, which are hereby incorporated by reference into this TOS; any such additional terms will govern in the event of a conflict with this TOS.

Any data you upload during the trial period may be deleted after the period ends, unless you purchase a paid subscription for the same service features.

ACCESS AND USE OF SERVICE

Subject to this TOS, you may access and use the Services only for lawful purposes. All rights, title and interest in and to the Services and its components will remain with and belong exclusively to Mammoth. You shall not sub-license, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Services available to any third party; use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the App or its components, or modify, adapt or hack the App to, or otherwise attempt to gain unauthorized access to the App or its related systems or networks or any computers, networks, servers or accounts of third parties.

You shall comply with any codes of conduct, policies or other notices Mammoth provides you with or publishes in connection with the Services, and you shall promptly notify Mammoth if you learn of a security breach related to the Services. You will not use the Services in a manner that violates the terms and conditions of any third party application or other service.

Any software or agents that may be made available by Mammoth in connection with the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to this TOS, Mammoth hereby grants you a personal, non-transferable, non-sub-licensable and non-exclusive right and license to use the object code of any software solely in connection with the App, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sub-license or otherwise transfer any right in any software. You agree not to access the App by any means other than through the interface that is provided by Mammoth for use in accessing the App. Any rights not expressly granted in these TOS are reserved and no license or right to use any trademark of Mammoth or any third party is granted to you in connection with the Services.

You are solely responsible for all Account Information, data, information, feedback, suggestions, text, content and other materials that you enable, upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (Your Content). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Mammoth reserves the right to access your account in order to respond to your requests for technical support.

By posting Your Content on or through the App, you hereby do and shall grant Mammoth a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the App. Mammoth has the right, but not the obligation, to monitor the App, Our Content, or Your Content. You further agree that Mammoth may remove or disable any of Our Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Our Content), or for no reason at all.

You understand that the operation of the App, including Your Content, may involve transmissions over various networks; changes to conform and adapt to technical requirements of connecting networks or devices and transmission to Mammoth's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the App. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Mammoth will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any Your Content.

The failure of Mammoth to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Mammoth, even though it is electronic and is not physically signed by you and Mammoth, and it governs your use of the Services and takes the place of any prior agreements between you and Mammoth.

REGISTRATION

As a condition to using the App, you may be required to register with Mammoth by providing information to be specified during the registration process and entering an email address and selecting a password. You shall provide Mammoth with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the TOS, which may result in immediate termination of your Mammoth account. In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times.

Mammoth reserves the right to refuse registration of, or cancel a Mammoth account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Mammoth password. You may never use another user's account without such other user's express permission. You will immediately notify Mammoth of any unauthorized use of your account, or other account-related security breach of which you are aware.

CANCELLATION AND TERMINATION

You are solely responsible for cancelling your account. You can cancel your account at any time by contacting Mammoth directly via email at contactus@mammoth.io. All of Your Content will be immediately deleted from the App upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel your subscription before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again. In reference to the trial period described above in "DESCRIPTION OF SERVICE", once you purchase a subscription to the Services, your trial period will end.

Mammoth, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the App for any reason at any time. Such termination of the App will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Your Content in your account. Mammoth reserves the right to refuse service to anyone for any reason at any time.

THIRD PARTY SITES

Through the App, you may direct Mammoth to retrieve certain Account Information maintained online by third party providers with which you have a customer relationship, maintain accounts or engage in transactions. You agree to provide Access Information, such as your username, password and other log in information and credentials necessary to access your account with such providers, and you hereby grant Mammoth permission to use the Access Information and Account Information for the purposes contemplated by this TOS.

By using the App and providing your Access Information, you expressly authorize Mammoth to access and use your Account Information maintained by identified third parties, on your behalf as your agent. You hereby authorize Mammoth to use your Access Information to accomplish the foregoing and to configure the App so that it is compatible with the third party sites to which you submit Account Information.

You acknowledge and agree that when Mammoth accesses and retrieves account information from third party sites, Mammoth is acting as your agent, and not as the agent of or on behalf of the third party.

You represent and warrant that neither the foregoing (or anything else in this TOS) nor your use of the App will violate any agreement or terms to which you are subject, including without limitation, those with respect to any third party site. The manner in which such third party providers transmit, use, store and disclose your Account Information is governed solely by the policies of such third parties, and Mammoth shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the App.

In addition, Mammoth is not responsible for the accuracy, availability or reliability of any Account Information, Access Information, data, information, content, services, advice or statements made available in connection with such third party services. As such, Mammoth is not liable for any damage or loss caused or alleged to be caused by or in connection with, use of or reliance on any such third party services, including without limitation actions or the effect of actions that you authorize the App to take with respect to third party services (such as database queries), inaccurate or corrupted Account Information within the third party service, the App or otherwise, reliance on calculations or visualizations provided by the App or actions you take as a result of such calculations or visualizations, or Mammoth's categorization or classifications of Account Information in the App.

Mammoth does not guarantee that any such third party services will continue to be made available within the App, and such services may be removed or disabled by Mammoth at any time without notice to you. You acknowledge and agree that the App may not be sponsored or endorsed by the third party services accessible through the App.

PAYMENT AND ELECTRONIC COMMUNICATIONS

If you have purchased a subscription plan, you are expressly agreeing that Mammoth is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Mammoth in connection with your use of the App and that the fees will be billed to the credit or debit card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit or debit card for any reason in advance of the applicable subscription period, Mammoth reserves the right to either suspend or terminate your access to the Website and/or any App and terminate these TOS. Subscription fees are payable in U.S. Dollars and based on services purchased and not on actual usage. All fees are non-refundable.

The App subscription is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account. If you have purchased a paid subscription, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate your subscription prior to the next renewal period. You acknowledge and agree that Mammoth will automatically charge your credit or debit card on record with Mammoth for the then-current subscription period upon the commencement of any renewal period. You will provide Mammoth with valid and updated credit or debit card information and you authorize Mammoth to charge such credit or debit card for all purchased subscriptions and renewals.

You may terminate your subscription at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods, but any subscription fees you have paid in advance will not be refunded. For any upgrade or downgrade in plan level, the credit or debit card attached to your account will automatically be charged or credited the new prorated amount for the current month. The new plan rate will apply from your next billing cycle. Downgrading your App may cause the loss of content, features, or capacity of your account. Mammoth does not accept any liability for such loss.

By using the Website, you consent to receiving electronic communications from Mammoth. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Services. These electronic communications are part of your relationship with Mammoth and you receive them as part of your subscription to our Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

REPRESENTATIONS AND WARRANTIES

You represent and warrant to Mammoth that you have full power and authority to enter into this TOS; you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Mammoth to perform its obligations) in connection with the App without obtaining any further releases or consents; Your Content and other activities in connection with the App, and Mammoth's exercise of all rights and license granted by you in this TOS, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and you are thirteen (13) years of age or older.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Mammoth, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your use or misuse of the Services, violation of the TOS by you; or, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Mammoth reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Mammoth in asserting any available defences.

DISCLAIMER OF WARRANTIES

The App, including the Website and content, and all server and network components are provided on an "as is" and "as available" basis without any warranties of any kind, and Mammoth expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Mammoth does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information, advice or services obtained by you from Mammoth or through the service shall create any warranty not expressly stated in this TOS.

LIMITATION OF LIABILITY

In no event shall Mammoth, its officers, directors, employees, agents, or suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Website, App or any content or products accessible through the Website and service for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), for any errors, omissions, or inaccuracies in any content or for any loss or damage of any kind incurred as a result of your use of any content or submissions posted, emailed, transmitted or otherwise made available at or through the Services.

In no event shall Mammoth's aggregate liability to you or any third party arising out of these terms of use or Services exceed the amount of one hundred pounds sterling (£100.00). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. You specifically acknowledge that Mammoth shall not be liable for any submissions or user conduct.

DISPUTE RESOLUTION

A printed version of these TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Mammoth agree that any cause of action arising out of, or related to the App must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These TOS shall be governed by and construed in accordance with the laws of England and Wales. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TOS or your use of our Services shall be filed only in England and Wales and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of our Services is not authorized in any jurisdiction that does not give effect to all provisions of these TOS, including without limitation, this section.

INTEGRATION AND SEVERABILITY

These TOS are the entire agreement between you and Mammoth with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Mammoth with respect to our Services (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the TOS will otherwise remain enforceable and in full effect.

INTERNATIONAL USE

Mammoth makes no representation that Our Content is appropriate or available for use in locations outside of the United Kingdom, and accessing the App is prohibited from territories where Our Content is illegal. If you access the App from other locations, you do so at your own initiative and are responsible for compliance with local laws.

COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, all Our Content provided is copyright © 2017 Mammoth Analytics. All rights reserved.

CONTACT US

Email: contactus@mammoth.io

GLOSSARY