Terms & Conditions

Last updated: November 24, 2025

1. Definitions

Administrator: An individual authorized user designated to manage the account, with the ability to add/remove users and manage settings.
User: A single individual authorized to use the Service with full license rights.
Service Order: A web-based or signed paper order form for subscribing to the Service.
Service: Map My Customers Solution, a project approval management application delivered on a Software as a Service basis.
Site: mapmycustomers.com or other designated websites.
Software: Vendor's proprietary software delivered as SaaS with updates and documentation.
Participant: The entity subscribing to the Service as reflected in the Service Order.

2. Fair Use Policy / Vendor Representations and Warranties

The vendor agrees to perform services in a professional manner according to industry standards and applicable laws. The vendor represents it has: (a) full power to grant rights and perform obligations; (b) valid authorization for this agreement; (c) no conflicting obligations; (d) no infringement of third-party intellectual property rights; and (f) all required third-party rights and licenses.

3. Files on Vendor's Servers

Participants are solely responsible for uploaded files. Participant warrants that its files do not violate any laws and do not infringe copyrights, trademarks, or patents.

4. Security

Production equipment is hosted through a Tier I provider with monitored data center access using keycard and biometric protocols. Data center personnel undergo thorough background checks. Participants agree to the Privacy Policy and Data Processing Agreement.

5. Server Network

The application server network operates behind firewalls. Access is limited to vendor personnel and vetted data center employees. Outside vulnerability testing is contracted for security validation.

6. Operating Systems

Server operating systems receive security updates immediately upon release, with other upgrades applied as needed.

7. Availability and Access to Service

While efforts are made to maintain services, the vendor will not guarantee the availability of services and does not guarantee uninterrupted or error-free operation. See the Service Level Agreement Addendum for uptime details.

8. Intellectual Property

The participant acknowledges that Vendor and its licensors own all intellectual property rights in the Service and Software. Participant may not reverse engineer, decompile, or resell the Service. The vendor may derive aggregated or analytical information from participant usage without restriction.

9. Right and Title to Content and Data

The participant grants the vendor license to: (1) clean data by removing errors; (2) share data among vendor employees to assist with service provision; and (3) anonymize and combine data to create Aggregated Data. Participants must retrieve or destroy data before termination, or the vendor may remove it.

10. Alteration or Change in Service Offering

The vendor may alter services with email or login notification. Amendments are automatically incorporated if the participant continues use.

IN NO EVENT SHALL VENDOR BE LIABLE FOR LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

11. Governing Law and Dispute Resolution

The agreement is governed by North Carolina law. Parties consent to exclusive jurisdiction of state and federal courts in Raleigh, North Carolina. Disputes shall be settled by binding arbitration under American Arbitration Association commercial rules. The prevailing party recovers reasonable attorney fees.

12. Final Agreement

This agreement supersedes all prior understandings and may only be amended by written agreement signed by both parties.

13. No Assignment

The participant may not assign the agreement without express prior written consent from Map My Customers, Inc.

14. Severability / Survival

If any term is found invalid, the remainder of the agreement remains in full force. Terms extending beyond termination survive.

15. Mutual Confidentiality

Both parties shall not divulge Confidential Information during the term and for two years thereafter, except as required by law. Confidential Information excludes information that: (a) becomes publicly available through no fault of the receiving party; (b) is already possessed without confidentiality obligation; (c) is received non-confidentially from a third party; or (d) is independently developed.

16. Publicity

The participant agrees the vendor may use the participant as a customer in promotional materials, including logos and trademarks. Participant can revoke this by email to marketing@mapmycustomers.com. The vendor will remove references within 30 days. Participants may be asked to participate in case studies, interviews, and marketing materials with approval.

17. Indemnification

Each party indemnifies the other from claims arising from the indemnifying party's misrepresentation, negligence, unlawful acts, or failure to perform obligations under the agreement.

18. Limitation of Liability

IN NO EVENT WILL PARTICIPANT OR VENDOR BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES.

Aggregate liability is limited to the greater of: (A) one times the most recent monthly or yearly fee paid, or (B) $100 USD. This does not apply to consumer rights that cannot be waived by law or to death, personal injury, or fraud.

19. Force Majeure

Neither party is in default for delays caused by factors beyond reasonable control, including acts of God, terrorism, natural disasters, strikes, or embargoes.

20. Relationship of the Parties

Each party is an independent contractor. The relationship is not employer-employee, partnership, joint venture, or agency.

21. Counterparts and Imaging

The agreement may be executed in counterparts, each deemed original but collectively constituting one instrument.

22. Headings

Section titles are for convenience only and do not modify interpretation of provisions.

23. Survival

All covenants, conditions, warranties, uncompleted obligations, and indemnifications survive termination where applicable.

24. No Waiver

Failure to require performance does not waive the right to future performance. Waivers of breach do not constitute waivers of continuing breaches or the provision itself.

25. Service Level

The vendor makes commercially reasonable efforts to maintain 99.9% availability. For Team plans (more than five paid user seats on pre-paid annual terms), if the 99.9% threshold is not met, Access Credits are provided: 24-hour service extensions based on downtime severity. Maximum monthly credits are 15 days. Participants must request credits within 30 days of eligibility.

Downtime Definitions

Downtime: More than 5% user error rate.
Downtime Period: Ten consecutive minutes of downtime.
Scheduled Downtime: Announced maintenance not counted toward credits.
Monthly Uptime Percentage: (Total minutes minus downtime minutes) / total monthly minutes.

Credit Schedule

Less than 99% but ≥ 97%: 3 consecutive 24-hour periods
Less than 97% but ≥ 95%: 7 consecutive 24-hour periods
Less than 95%: 14 consecutive 24-hour periods

The SLA excludes excluded services and performance issues caused by factors outside vendor control or participant equipment.

26. Normal Account Usage

No administrator or user shall share, assign, or transfer account credentials. This prohibition applies universally and without exception to all authorized users. Violations may result in access termination and legal action.

27. Account Terms

The default subscription duration is twelve months from purchase, automatically renewing for successive twelve-month periods unless non-renewal notice is given at least thirty days prior to the next term by contacting support@mapmycustomers.com. All payments are non-refundable. The vendor may increase service price by up to ten percent at each renewal.

Contact Information

To ask questions or comment about these Terms, contact us at:

Map My Customers, Inc.
Attn: Legal
167 E Chatham St., Suite 300
Cary, NC 27511

Or via email at: legal@mapmycustomers.com