Last Updated: January 8, 2025
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS TERMS OF SERVICE PRIOR TO ACCESSING OUR WEBSITE OR SIGNING UP FOR OUR SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE READ THESE TERMS, THE ARBITRATION PROVISION, AND THE CLASS ACTION WAIVER SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
Section 1 – Introduction & Consent to Terms.
Welcome to Mapchise.com Inc., a California corporation’s (referred to herein as “Mapchise”, “we”, “us”, or “our”) Terms of Service (referred to herein as the “Terms”). These Terms apply to all users of our Services (as defined below) and users of our website, https://app.mapchise.com/ and https://app.mapchise.com/competitor (our “Website”).
By using our Website or signing up for our Services, you agree to be bound by these Terms. If you do not agree to these Terms, we ask that you please not sign up for or use our Services.
If you are using our Website or our Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms.
We reserve the right to modify the contents of these Terms at any time, upon thirty (30) days’ written notice to you. You agree that it is your responsibility to monitor changes to these Terms. Failure to terminate these Terms and the underlying relationship, in writing, within thirty (30) days after notification of an update or modification to these Terms will constitute explicit acceptance by you any all such modifications or changes.
Thank you and we look forward to assisting you!
Section 2 – Our Services and Our Platform.
Mapchise offers users a location intelligence platform and mapping software designed to provide you with actionable and reliable data prior to selecting your franchise, retail, or other business location (referred to herein as our “Services” or our “Platform”). Our Platform definition specifically incorporates our Website and our computer or mobile application(s).
Our Services offering includes analytic tools, location management systems, competitor analysis, property data, task management tools, integration tools, and other benefits which are more particularly specified on our Platform.
Some of our Service offerings include, without limitation:
Business locations,
Demographic information,
Psychographic data,
Competitor Analyses,
Commercial real estate information, and
Housing real estate information.
The Specific services you receive and the functionality within our Platform will vary depending on the Plan (as defined below) that you have chosen for your Services. You agree that your use of our Services and our Platform will be limited based on the Plan you have chosen to enroll in.
You are able to increase your Plan at any point in time by paying the difference in cost between the lower-tier Plan and the higher-tier Plan.
Our Services will be based, in part, on your use and input of information on our Platform related to your planned or future franchise, retail, or other business location(s). The value and use that you may obtain from using our Platform will be based on the inputs you provide our Platform in conjunction with our proprietary data, insights, and tools.
Section 3 – Background & Eligibility.
To register for our Services, you are required to sign up on our Platform and provide a variety of information including, without limitation, your company or your personal name, users, criteria, business type, payment or bank information, and other information required by Mapchise.
By using our Services, you represent and warrant that all information submitted is true and correct to the best of your knowledge. You agree that it is your sole responsibility to update such information to maintain accuracy of what we have been provided.
Your use of our Services involves the use of hardware, software, and access to the internet. These system requirements may change from time to time. You acknowledge and agree that all system or internet requirements for our Services is/are your sole responsibility, and you acknowledge and agree that failure to comply with all hardware, software, and internet requirements is not the responsibility of Mapchise.
You are solely responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account.
Section 4 – Mapchise Materials and our Intellectual Property.
Mapchise offers a variety of information, data, analyses, compilations, and other tools that are more particularly described and found on our Website (referred to herein as the “Mapchise Materials”).
We also generate reports, summaries, analyses, or similar from the Mapchise Materials. Our Services and the Mapchise Materials are designed to equip owners, operators, investors, and users to make better strategic decisions about their future franchise, retail, or other business location(s). By signing up for our Services, you will gain access to those Mapchise Materials provided to you by Mapchise in accordance with these Terms.
All reports, summaries, analyses, or similar that we generate for you on our Platform are owned by Mapchise. As outlined herein, the Mapchise Materials are and will remain owned by Mapchise. No transfer of any kind in or to the Mapchise Materials shall result from these Terms, your use, or otherwise. You are granted a license to use the Mapchise Materials, in accordance with these Terms.
Our license to you permits you to export demographic, psychographic, & commercial real estate data as a CSV or PDF for points of interests but no other information is allowed to be exported without the express written consent of Mapchise.
The contents of our Website, our Platform, and our Mapchise Materials are protected by United States and international copyright laws. The contents of our Website and our Mapchise Materials are owned exclusively by Mapchise or licensed to us.
We reserve the right to change, modify, delete, or update any or all information and data you may obtain on our Platform. Further, you acknowledge and agree that since we’re providing you with information and data that will change from time to time, that all such data and information you obtain in connection with our Services may not be 100% accurate or up-to-date due to the ever-changing information that we receive and use in connection with our Platform.
You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website or our Mapchise Materials (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Mapchise.
Mapchise and its name, logos, slogans, or otherwise are trademarks or service marks (“Marks“) of Mapchise. All rights in these Marks are reserved by Mapchise. You may not use any Mapchise-provided Marks or other logos or graphics, without our prior written consent.
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make use of our Website and our Mapchise Materials consistent with the purposes set forth herein. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download our Website, our Mapchise Materials, or any and/or all content except as is necessary to view and/or use our Website or Mapchise Materials; (b) make use of the Website, our Mapchise Materials, or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either our Website, our Mapchise Materials, or any content found therein; or (d) use Mapchise Materials robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of our Website or our Mapchise Materials automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.
If you breach this Section, you agree that Mapchise shall be entitled to recover from you all costs and fees in enforcing its rights hereunder, including all reasonable attorneys’ fees. If you are an entity, you will be responsible for the conduct of your users in breach of this Section.
Section 5 – Your Materials and Confidentiality of your Materials.
Through our Services, you may be sharing with us certain information related to your business, necessary for us to be able to offer you the Services (herein the “Client Materials”). At all times, your Client Materials will be and remain owned by you.
Mapchise agrees that it will not (a) use your Client Materials in any manner outside of providing you with our Services; and (b) will not share your Client Materials with any third-parties, except as necessary to provide you with our Services.
We take the confidentiality of our client’s information and materials seriously and agree to treat the confidentiality of your Client Materials as if it were our own confidential information.
Section 6 – Plans, Terms of Sale, and Payment.
We offer different plans for Services, more particularly described on our Website at the time of purchase (referred to herein as a “Plan” or our “Plans”).
All prices shown for our Services are shown in U.S. Dollars. The cost of our Services is found on our Website at the time of purchase. All sales are final and are non-refundable, except as expressly set forth herein. Before submitting an order for our Services, you will be shown an order confirmation screen describing the inclusions of your order, including the tier you have selected. It is your responsibility to ensure that everything is correct prior to ordering our Services.
Mapchise reserves the right to increase the charges for your Services on an annual basis. If we increase the charges for your Services, we will provide you notification in writing about the increased charge for your Services.
if you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify Mapchise of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
By providing a credit or debit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur in connection with your Services. You agree that you are responsible to pay for and will pay for all such charges.
Failure to pay all monies owed, in full, will cause that all past-due amounts to accrue interest at three percent (3%) per month until paid in full. If you fail to pay any monies due to Mapchise, Mapchise reserves the right to terminate your access to our Services. Mapchise reserves the right to transfer your invoice, account, and any past-due payments to a collection agency or attorney. If your invoice, account, and any past-due payments is transferred to a collection agency or attorney, Mapchise shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
We do not permit chargebacks.
If you charge back a payment made to Mapchise and Mapchise wins the dispute, in addition to other amounts owed hereunder, you agree to pay a five-hundred-dollar ($500.00) administrative fee which is not a penalty but is instead ‘liquidated damages’ based on the estimated time, energy, and costs (such as labor) required to deal with your chargeback. You agree that these liquidated damages are reasonable and were negotiated by you and agreed to prior to agreeing to these Terms.
Section 7 – Subscription Terms and Subscription Cancellation.
By enrolling in a subscription for our Services (herein a “Subscription”), you expressly acknowledge and agree that your Subscription is continuous until you cancel it, or we suspend or terminate your Subscription. Our Services involve you signing up for either (i) a one (1) month subscription for our services, or (ii) a one (1) year subscription for our services. We reserve the right to offer customized or modified subscriptions to qualifying clients, in our sole discretion.
Our monthly Subscription for our Services will renew for successive one (1) month terms until canceled in accordance with these Terms.
Our yearly Subscription for our Services will renew for successive one (1) year terms until canceled in accordance with these Terms.
If applicable law requires express consent form you prior to your Subscription renewing, we will obtain from you “express consent” before your Subscription renews.
The cost of a Subscription can be found on our Website at the time of your purchase and will vary based on the Plan you have chosen to enroll in. Each Subscription is recurrent and will automatically renew without any action by you, unless applicable law requires otherwise. If you want to terminate your Subscription, you are required to contact Mapchise prior to the start of a new Subscription period.
Mapchise allows the following methods for cancellation:
Cancelling your Subscription directly on your user account, and
Cancelling your Subscription by emailing Mapchise at [email protected].
Oral cancellation is not effective.
IF YOU ARE ENROLLED IN A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL BE CHARGED FOR YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS AND FREQUENCY OF YOUR SUBSCRIPTION, WHETHER MONTHLY, ANNUAL, OR OTHERWISE. YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT: (I) MAPCHISE OR OUR THIRD-PARTY PROCESSOR ARE AUTHORIZED TO CHARGE YOU ON A MONTHLY OR ANNUAL BASIS FOR YOUR SUBSCRIPTION, BASED ON THE SUBSCRIPTION YOU HAVE SELECTED, FOR AS LONG AS THE SUBSCRIPTION CONTINUES OR IS MODIFIED CONSISTENT WITH THESE TERMS; AND (II) YOUR SUBSCRIPTION WILL CONTINUE IN PERPETUITY UNLESS CANCELLED OR SUSPENDED. FAILURE TO KEEP A VALID PAYMENT METHOD OR FAILURE TO USE OUR SERVICES DOES NOT CONSTITUTE CANCELLATION OF A SUBSCRIPTION AND YOUR SUBSCRIPTION WILL CONTINUE UNTIL CANCELLED IN ACCORDANCE WITH THESE TERMS.
IF YOUR CANCELLATION OCCURS AFTER A PAYMENT DATE, YOUR CANCELLATION REQUEST WILL BE PROCESSED WITH THE NEXT SCHEDULED PAYMENT DATE. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES, INCLUDING TAXES, INCURRED WITH RESPECT TO ANY SUBSCRIPTION PROCESSED PRIOR TO CANCELLATION. UNLESS OTHERWISE AGREED, NO PARTIAL SUBSCRIPTION TERMS SHALL BE PERMITTED UNDER THESE TERMS.
CANCELLATION DOES NOT ALTER ANY PAYMENT OBLIGATIONS INCURRED PRIOR TO TERMINATION.
Section 8 – Our Money-Back Guarantee.
We offer a 100% money-back guarantee for our Services within the first seven (7) days after purchase. If you purchase our Services and are not fully satisfied with the value that you receive, we will refund your money paid, no questions asked, so long as you provide us notice within the first seven (7) days after purchase!
Unfortunately, we cannot make exceptions to our limited money-back guarantee. If you are unsatisfied after the first seven (7) days after purchase, please contact our customer support team and we will do our best to work with you and your needs so that you are able to obtain the most value from your use of our Services.
Section 9 – Information or Stories Found on our Website.
On our Website, we provide a number of free stories, write-ups, and other content. Unless otherwise agreed to by Mapchise, Mapchise grants you a revocable, non-exclusive, and limited license to download or view our free stories, write-ups, and other content for your own personal use or informational purposes only. Each of our stories, write-ups, and other content may provide you with information which is designed to provide you with a preview of how we may be able to assist you. Use of any information obtained on our Website is at your own risk.
We expressly disclaim any liability for loss or damage sustained by you as a result of using any information you have obtained on our Website.
Section 10 – Community Guidelines.
You are prohibited from using our Services:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
We reserve the right to terminate any user’s ability to use our Services for violation of these community guidelines. If your Services are terminated for breach of these community guidelines, you shall not be entitled to a refund of monies paid.
Section 11 – Opt-In to Electronic Communications.
By signing up for our Services and providing Mapchise with one or more forms of communication, you explicitly consent to receive marketing and other communications related to our Services, current business purposes, and future business purposes.
Consent to receiving marketing and other communications from Mapchise is not a requirement of using our Services.
You are able to terminate this consent by (a) responding to the email or other communication you receive; or (b) by sending us an email to the email address listed on our Website.
Section 12 – Term, Errors, and Third-Party Services.
These Terms will remain active and in full force and effect so long as they are posted on our Website.
Occasionally there may be information on our Website or within the Mapchise Materials that contains typographical errors, inaccuracies or omissions that may relate to pricing, information, or otherwise. We reserve the right to correct any errors, inaccuracies, or omissions, at any time.
Our Platform may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and we assume no responsibility for the content, privacy policies, or business practices of any third-party companies. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you may visit or have access to as a result of using our Services. .
By using our Platform, you expressly waive Mapchise, our employees, agents, owners, and principals from all liability arising from your use of any third-party apps or services.
YOU AGREE THAT MAPCHISE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE WEBSITE OF A THIRD-PARTY.
Section 13 – Data Security.
Mapchise will maintain and enforce information and data privacy and security procedures with respect to its access, use and storage of all Data (as defined below) that (a) are at least equal to industry standards, and (b) comply with applicable federal, state, and local laws. For purposes of these Terms, “Data” means all information provided by users on our Website.
Mapchise will promptly report to Client any breaches of security or unauthorized access to Mapchise systems that Mapchise detects or becomes aware of. Mapchise will use diligent efforts to remedy such breach of security or unauthorized access in a timely manner.
Client understands and acknowledges that no security system is impenetrable and subject to Mapchise’s negligence, Mapchise shall have no liability for a security breach involving Data.
We may use your Data for other reasons such as tracking the completion of your provided prompts, tracking your improvement in understanding our approach, and other reasons consistent with our Services.
Finally, our full Data policy is located on our Privacy Policy.
Section 14 – Services Disclaimer.
Nothing contained in these Terms shall be construed as providing you professional advice. All information conveyed to you in connection with our Services is information in nature and is based on our research, data, analytics, and tools. No information we convey to you is a substitute for legal or other professional advice.
Your use of any information contained within our Services is at your own risk.
Mapchise makes no assurances, representations, or promises regarding future earnings or income, or that you will make any specific amount of money or any money at all as a result of purchasing our Services or choosing your business location based on your use of our Services. Earnings or income statements, or examples of earnings or income, represent past results with certain clients. Prior success or past results are not an indication of your future success or results.
Statements or examples of actual earnings on our website and are true and correct to our best belief and knowledge. We may use examples from some of our best achieving clients, so the results you see on our website may not be typical. Past examples of earnings are not promises or guarantees of earnings or income.
By signing up for our Services, you hereby acknowledge and agree that (a) Mapchise cannot and does not guarantee that you will choose the perfect location for your business; (b) Mapchise does not and cannot guarantee any minimum number of clients or revenue based on your selected location; and (c) you are solely responsible for the running of your business and for complying with all laws, rules, and applicable regulations, no part of which is transferred to Mapchise.
WE DO NOT AND CANNOT GUARANTEE ANY SPECIFIC OR MINIMUM RESULTS FROM YOUR USE OF OUR SERVICES. WHILE WE HAVE A TRACK RECORD OF HELPING MANY CLIENTS CHOOSE A LOCATION FOR THEIR BUSINESSES, THE UNDERLYING SUCCESS OF OUR CLIENTS ULTIMATELY DEPENDS ON MANY FACTORS OUTSIDE OF OUR CONTROL. NO AMOUNT OF COMPENSATION PAID BY YOU IS TIED TO A RESULT OF USING OUR SERVICES OR ANY DESIRED RESULTS THEREFROM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT OFFER REFUNDS FOR OUR SERVICES AND ALL SALES ARE FINAL.
Section 15 – General Disclaimers.
OUR WEBSITE AND SERVICES ARE PROVIDED ‘AS IS’ AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAPCHISE AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT AND CANNOT GUARANTEE PERFECT AVAILABILITY OF OUR WEBSITE OR OUR SERVICES, WHICH MAY BE INACCESSABLE, IN FULL OR IN PART, FROM TIME TO TIME. BY USING OUR WEBSITE OR OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT OPERATING AN ONLINE PLATFORM IS LIKE OWNING A LUXURY VEHICLE – UNEXPECTED ISSUES DO ARISE FROM TIME TO TIME AND SHOULD BE EXPECTED. YOU WILL NOT HAVE UNINTERRUPTED SERVICE OF OUR WEBSITE OR THE MAPCHISE MATERIALS AT ALL TIMES.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USING OUR WEBSITE OR OUR SERVICES.
Section 16 – Limitation of Liability.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT MAPCHISE RECEIVED IN CONNECTION WITH YOUR USE OF OUR SERVICES.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR OUR SERVICES, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR WEBSITE OR OUR SERVICES.
Section 17 – Indemnification.
You agree to defend, indemnify and hold Mapchise, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any claim, action, or demand arising from (i) your breach of these Terms; or (ii) breach of applicable law.
Section 18 – General Provisions.
Entire Agreement. These Terms contains the entire agreement between you and Mapchise, except for any Service or pricing related offerings on our Website.
Waiver. The failure by Mapchise to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.
Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without Mapchise’s prior written consent.
Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Mapchise.
Applicable Law/Dispute Resolution. These Terms shall be governed by the laws of the State of California. Except for non-payment by you, any dispute arising from or related to these Terms shall be subject to binding arbitration in Irvine, California.
Class Action Waiver. To the extent permitted by applicable law, you and Mapchise agree that any dispute arising out of these Terms or the Services provided by Mapchise is personal to you and Mapchise and that any disputes, if any, will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of similar proceeding.
Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Section 19 – Questions?
If you have any questions about these Terms, please feel free to email us at [email protected] or contact us through any of the contact methods listed on our Website.
