Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between your organization ("Customer", "you", or "your") and Tsarion Consulting FZCO, a company registered in Dubai, United Arab Emirates, operating as mapMyCulture ("Company", "we", "us", or "our").

By accessing or using the mapMyCulture platform ("Service"), you represent that you have the authority to bind your organization to these Terms. If you do not have such authority or do not agree to these Terms, you may not use the Service.

This Service is intended for business use only. By using the Service, you confirm that you are acting on behalf of a business entity and not as an individual consumer.

2. Description of Service

mapMyCulture is a B2B software-as-a-service (SaaS) platform that provides workplace culture assessment and analytics tools to help organizations understand, measure, and improve their company culture.

Our Service includes:

• Culture assessment surveys and questionnaires for employees
• Analytics dashboards and organizational reporting
• Culture intelligence insights powered by AI
• Team and organization management features
• Public review data aggregation and analysis
• Multi-user access with role-based permissions

3. Customer Accounts and Authorized Users

To use the Service, you must create an organizational account. The individual who creates the account ("Account Administrator") must have authority to bind the organization.

You are responsible for:

• Ensuring all authorized users comply with these Terms
• Managing user access and permissions within your organization
• Maintaining the confidentiality of account credentials
• All activities that occur under your organization's account
• Promptly notifying us of any unauthorized access or security breaches

4. Customer Responsibilities

As a Customer, you agree to:

• Use the Service only for lawful business purposes
• Obtain all necessary consents from your employees before collecting their data through the Service
• Comply with all applicable employment and data protection laws in your jurisdiction
• Not attempt to reverse engineer, decompile, or disassemble the Service
• Not use the Service to compete with mapMyCulture or for competitive analysis
• Not resell, sublicense, or provide the Service to third parties without authorization
• Not interfere with or disrupt the integrity or performance of the Service

5. Data Processing and Privacy

Your use of the Service is also governed by our Privacy Policy and, where applicable, a Data Processing Agreement ("DPA").

5.1 Customer Data

You retain all rights to the data you and your employees submit to the Service ("Customer Data"). We process Customer Data solely to provide and improve the Service, as described in our Privacy Policy.

5.2 Your Obligations as Data Controller

When collecting employee data through the Service, you act as the data controller and are responsible for:

• Providing appropriate privacy notices to employees
• Obtaining valid legal bases for processing (consent, legitimate interest, etc.)
• Responding to employee data subject requests
• Compliance with GDPR, CCPA, PIPEDA, and other applicable privacy laws

5.3 Data Processing Agreement

For enterprise customers or where required by law, we offer a Data Processing Agreement that details our obligations as a data processor. Contact us at contact@mapmyculture.com to request a DPA.

6. Subscription, Fees, and Payment

6.1 Subscription Plans

Access to the Service requires a paid subscription. Subscription plans, pricing, and included features are described on our website or in a separate Order Form.

6.2 Payment Terms

• Fees are charged in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated herein or required by law
• We may change pricing with 30 days' notice before your next renewal
• Late payments may result in suspension of access to the Service

6.3 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, except for taxes based on our income.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, and documentation, is owned by Tsarion Consulting FZCO and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription term.

7.2 Customer Data

You retain all ownership rights to Customer Data. You grant us a license to process Customer Data solely to provide, maintain, and improve the Service.

7.3 Aggregated Data

We may use anonymized and aggregated data derived from Customer Data for benchmarking, research, and product improvement. Such aggregated data will not identify you or any individual employee.

8. Confidentiality

Each party agrees to protect the other's confidential information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential information may only be used to fulfill obligations under these Terms.

9. Service Level and Support

We will use commercially reasonable efforts to make the Service available 99.5% of the time, excluding scheduled maintenance and circumstances beyond our control. Support is provided via email during business hours.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that the Service will perform materially as described in our documentation during your subscription term.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY

These limitations do not apply to breaches of confidentiality obligations, intellectual property infringement, or your payment obligations.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Service in violation of these Terms
• Your violation of applicable laws, including employment and data protection laws
• Claims by your employees related to their data processed through the Service
• Your failure to obtain necessary consents for data collection

13. Term and Termination

13.1 Term

These Terms are effective until your subscription expires or is terminated. Subscriptions automatically renew unless cancelled before the renewal date.

13.2 Termination for Cause

Either party may terminate if the other materially breaches these Terms and fails to cure the breach within 30 days of written notice.

13.3 Effect of Termination

Upon termination, your access to the Service will cease. You may request export of your Customer Data within 30 days of termination. We will delete Customer Data within 90 days of termination unless legally required to retain it.

14. Changes to Terms

We may modify these Terms with at least 30 days' notice before the changes take effect. Material changes will be communicated via email to the Account Administrator. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the United Arab Emirates and the Emirate of Dubai.

Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Dubai, UAE, except that either party may seek injunctive relief in any court of competent jurisdiction.

Data Protection Compliance: Notwithstanding the above, data protection matters shall be subject to the jurisdiction and supervisory authorities as required by GDPR, CCPA, PIPEDA, or other applicable data protection laws.

16. General Provisions

• Entire Agreement: These Terms, together with any Order Form and DPA, constitute the entire agreement between the parties.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Assignment: You may not assign these Terms without our consent. We may assign our rights to an affiliate or successor.
• Force Majeure: Neither party is liable for delays caused by circumstances beyond reasonable control.
• No Waiver: Failure to enforce a provision does not waive our right to enforce it later.

17. Contact Us

For questions about these Terms or to request a Data Processing Agreement: