Terms of Use Agreement

This Terms of Use Agreement, as modified from time to time, is a legal agreement between You (“Customer,” “You,” “Your”) and MightySighty (“Company,” “Mighty,” “We”) and defines the terms and conditions under which you are allowed to use our services, as defined below. This agreement takes effect when you create an account and start to use our services. MightySighty provides a monthly subscription Digital Asset Management (DAM) service to enable clients to store, manage, and share assets as required.

Changes to These Terms

We reserve the right to revise these terms from time to time. We will date and post the most current version of these terms on the website. Any changes will be effective upon posting the revised version on the website. Your continued access to or use of any portion of the service constitutes your acceptance of these updates. If you do not agree to any of the changes, you must cancel your account and stop using the service immediately. We are not obligated to continue providing the service if you do not agree to the updated terms.

Service Levels

Our goal is to always provide a perfect service. However, unforeseen circumstances may result in our service being temporarily unavailable. In such cases, we will make every effort to restore full functionality as soon as possible. We will not be liable for any loss or damage arising from unauthorized use of your accounts or from any service downtime.

Customer Responsibility for Content

You are solely responsible for all content, including but not limited to images, that you upload to our platform. MightySighty assumes no responsibility for, and shall not be held liable for, any content that infringes upon third-party rights, violates the law, or is otherwise objectionable. By using our service, you agree that you have obtained all necessary permissions and rights to use and upload the content. You are solely responsible for ensuring that your content complies with applicable laws and regulations.

Indemnification

You agree to defend, indemnify, and hold MightySighty, its affiliates, officers, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to legal and accounting fees, arising out of or in any way connected with your use of the service or the content you upload.

Content Ownership and License

You retain all rights to your content. However, by using the service, you grant MightySighty a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and distribute your content solely for the purpose of providing the service. This license allows us to store, display, and manage your content as part of our services, but we do not claim ownership over your content.

Data Security

We employ reasonable security measures to protect the integrity and confidentiality of your content. However, we cannot guarantee that unauthorised access, hacking, data loss, or other breaches will never occur. You acknowledge that you provide your content at your own risk. We will not be liable for any damages or losses resulting from unauthorised access to your data.

Storage and Removal of Content

If you cancel your subscription or fail to pay for our services, your data may be deleted from our servers after a grace period of 14 days. It is your responsibility to back up any content before canceling the service. We are not liable for any loss of content that occurs after this grace period.

Updates

MightySighty is a work in progress, and our development team will continue to develop and improve the services we provide. We encourage users to share feedback. If you would like to contribute to our review and development process, please email support@mightysighty.com. Your feedback will be reviewed as part of our ongoing user experience (UX) development process.

Taxes

Our services are subject to tax according to the location of the customer. Taxes will be calculated at the time of purchase.

Payments

If any amount due is not received within the agreed payment terms, access to your account and its features may be suspended until payment is resolved. You are responsible for reviewing the pricing schedule, features, and limits associated with your subscription plan. Subscription renewals are charged automatically unless you terminate your agreement with us before the renewal date.

Subscription Plan Upgrade

If you access, use, or activate any features that are included only in a higher-priced subscription plan, MightySighty reserves the right to upgrade your account to the appropriate higher-priced plan for the remainder of the order term and any renewals thereof. You agree to pay the fees associated with the upgraded subscription plan for the remainder of the term and any renewals.

Cancellation

If you no longer require our service, you may cancel your account at any time. Please refer to our refunds section for more information.

Suspension and Termination of Services

We reserve the right to suspend or terminate your access to the service at any time, with or without cause and with or without notice. We may suspend or terminate your access if: (a) you violate these terms, (b) your use of the service may cause legal liability or disrupt others’ use of the service, (c) we detect malicious code, viruses, or other harmful elements in your account, (d) there is scheduled or unplanned downtime, or (e) you use excessive storage capacity or bandwidth. If we determine that suspension or termination is necessary, we will use commercially reasonable efforts to notify you through the service.

Refunds

Unless otherwise provided in this agreement or required by law, we do not offer refunds or credits for partial or unused periods of service, or for mid-term subscription downgrades.

Reactivation

MightySighty may charge a reactivation fee to reactivate any suspended account.

Disputes

Any dispute regarding a charge on your invoice must be made within 60 days of the invoice date. Disputes raised after this period may not be honoured.

Data Retrieval

If data is accidentally deleted by the end user, we may charge a data retrieval fee to recover that data. This service is only available for up to 60 days after the files have been deleted.

Disclaimer of Warranties

We provide our services on an “as is” and “as available” basis without any warranties or guarantees. We do not warrant that the service will be uninterrupted, error-free, or secure, and we make no guarantees regarding the security of your data.

Limitation of Liability

In no event shall MightySighty be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, whether in an action in contract, tort, or otherwise, arising from your use of or inability to use the service.