When the following is said ”company”, “we”, “our”, “us”, ”service”, " I" or ”services” in this document, it is referring to The Mudmap Company.
I reserve the right to update these Terms of Service in the future. Whenever a significant change is made to the policies, it will also be announced on the blog.
When you use this service, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that are added to the service over time. There may be times where I do not exercise or enforce any right or provision of the Terms of Service; in doing so, I am not waiving that right or provision. These terms do contain a limitation of our liability.
If you do not agree to these Terms of Service, do not use this service. Violation of any of the terms below may result in the termination of your account. That’s a broad statement and it means you need to place a lot of trust in this service. Know that the best care and thought is taken to earn and deserve that trust by being open about who runs this, how it works, and keeping an open door to your feedback.
You are responsible for maintaining the security of your account and password. The Mudmap Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. This includes private and public keys, as well as the overall security posture of your network devices. You, the end-user, are responsible for your security on your devices.
You are responsible for any activity that occurs under your account (even by others who have their own logins under your account).
You may not use our service for any illegal purpose or to violate any laws in your jurisdiction.
You must provide your legal full name and a valid email address in order to complete the signup process.
You must be a human. Accounts registered by bots or other automated methods are not permitted.
Payments, refunds, upgrading and downgrading terms
The free account is, free, however it does cost The Mudmap Company money. It could be changed, made no-longer free, or removed all together is no longer viable - this will be well communicated in a blog post should that ever happen.
No effort is made to monetise any portion of the free, or paid services outside their costing structure. Your data is not sold and never will be, nor will ads, or other marketing material be displayed, or foisted on to you.
Inactive free accounts with no activity from a human will be queued for auto-cancellation and deletion after 60 days.
Billing is calculated in advance on initial purchase, and per-device is calculated from then on, as active and inactive. To find out what that means see the FAQ.
Upgrading from the free plan will incur an immediate charge, and your billing cycle will start on that day.
Paying customers are billed automatically via credit card, or any other payment gateway that has been included on this site.
You will only ever pay for active devices in accordance with the general subscription guidelines.
Non-payment for active devices during an invoiced period will prompt payment reminders before reducing the feedback from devices. Grace period of non-payment is 7 days after which the account will no longer receive updates from devices, or be able to send data to devices. After 60 days of non-payment accounts will be queued for termination.
Stripe is the payment processor. See Stripe’s terms for more details.
Cancellation and termination
You are solely responsible for properly canceling your account. An email to cancel your account without confirmation is not considered cancellation. Cancellations are no questions asked. You are free to leave at anytime, if you do wish to pass on why, or critique Mudmap, I would love to hear from you.
If you cancel the service before the end of your current paid up period, your cancellation will take effect at the end of the current billing cycle, and you will not be charged again. All of your information will be inaccessible from the service after the time you paid for expires. Within 60 days of that, all information will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
If you choose to delete your account then all of your information will be purged immediately. No information will be recoverable from the time you request deletion.
Mudmap reserves the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account and device information. Mudmap reserves the right to refuse service to anyone for any reason at any time. This clause exists because statistically speaking, there may be at least one account abusing the service by doing something nefarious.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any service customer, company employee or officer may result in immediate account termination. This isn’t social media, you are speaking with people trying to offer you a great service. Let’s communicate like human’s used only fifteen years ago.
Changes to services or prices
Mudmap reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the service with or without notice.
Sometimes it is necessary to change the pricing structure of products or services available. When this happens, where possible, existing customers will be shielded from those changes. However, there may be times where existing customers pricing changes as well. In such cases, existing customers will be given at least 30 days notice via your on file email address. Changes may also be communicated via other means such as blog posts.
Mudmap is not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
Content copyright, trademark and ownership
You are solely responsible for any content and other material that you submit, publish, transmit, email, or display on, through, or with the service.
Mudmap claims no intellectual property rights over the material you provide to the service. All site data remains yours.
You may provide us with feedback, suggestions, and ideas about the service. You agree that Mudmap owns all rights to use and incorporate the feedback you provide in any way, including in future enhancements and modifications to the service, without payment or attribution to you.
You must not modify another website so as to falsely imply that it is associated with The Mudmap Company.
Privacy and security of your data
Mudmap takes strong measures to protect and secure your data through backups, redundancies, and encryption. When using this service, there are things we do keep on file, and things we do not. No device admin access information is kept after registering a new device, this includes, but is not limited to logs and database entries.
You own all right, title, and interest to your data. Mudmap obtains no rights from you to your device data. Personal information is not collected and analyzed, nor are behavioural insights sold to advertisers. No personally identifiable information is collected or stored. When using the service, you own and control 100% of your data.
You agree to comply with all applicable laws including all privacy and data protection regulations.
You agree not to use the service to send sensitive information to the company where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to the company, any data subjects or third-parties. Sensitive information includes, but is not limited to credit card information, passport numbers, government issued identification numbers, financial account information, real time geolocation and personally identifiable information ( PII). PII is information that could be used on its own to directly identify, contact, or precisely locate an individual.
Mudmap takes no responsibility for the traffic or data which is sent through your networks whilst being managed through this service. You, and you alone, are responsible for that data.
Your use of Mudmap is at your sole risk. The service is provided on an “as is” and “as available” basis.
The service is designed with care, to meet a need for industry professionals. However, no system or service is perfect and at times some customers may be dissatisfied. This is a fact of life, Mudmap makes no guarantees the service will meet your individual needs or requirements
Features and releases are tested extensively before shipping them. As with any software, our services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free services.
Technical support is provided via email. Email responses are provided on a best effort basis and may be outside your business hours dependant on your home location.
A number of third party vendors to provide the necessary hardware, storage, payment processing and related technology required to run the Services. You can see a list of all third-party vendors here.
You expressly understand and agree that Mudmap shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In layman’s terms: by choosing to use this service, you are taking a bet on us. If the bet does not work out, it is on you, not us. Mudmap does its very best to secure your data, reduce your business costs and improve the general usability of the devices connected to it. I, personally am thankful for you taking that bet.
This agreement is governed by the laws of Australia and its courts have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this agreement.
If you have questions about this, please get in contact.
Last updated: 3 March 2021