Acceptance of terms
Use of personal data in connection to the services
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.
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. 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 firstname.lastname@example.org. 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 “FREE TRIAL”, 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 law, regulation, 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 based on services purchased and not on actual usage. All fees are non-refundable. The App subscription is billed in advance 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 eighteen (18) years of age or older.
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
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.
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 © 2021 Mammoth Analytics. All rights reserved.