These Terms of Service ("Terms") govern access to and use of MPPTUN services provided by MPP Inc. ("MPP", "we", "us", or "our"). By accessing or using the Services, you agree to these Terms on behalf of your organization.
1. Definitions
- Services: MPPTUN software, controller features, licensing platform, APIs, dashboards, and related support.
- Customer: the legal entity that purchases or uses the Services.
- Order Form: any quote, proposal, online order, or commercial agreement describing plan, capacity, term, and pricing.
2. Eligibility and Authority
You represent that you are authorized to bind your organization to these Terms. The Services are for business use only.
3. Service Access and License
Subject to these Terms and payment of applicable fees, MPP grants Customer a limited, non-exclusive, non-transferable right during the subscription term to use the Services for internal business operations or managed services as permitted in the applicable Order Form.
4. Orders, Subscription, and Fees
- Commercial terms, capacity pools, and term lengths are defined in the Order Form.
- Unless stated otherwise, subscriptions renew automatically for successive terms.
- Fees are non-refundable except where required by law or expressly stated in writing.
- Customer is responsible for applicable taxes, excluding taxes on MPP net income.
5. Customer Responsibilities
Customer must:
- maintain secure credentials and access controls;
- use the Services in compliance with applicable laws and third-party rights;
- ensure traffic carried through Customer environments is authorized and lawful;
- promptly notify MPP of unauthorized use or suspected security incidents.
6. Acceptable Use Restrictions
Customer must not, and must not permit others to:
- reverse engineer, decompile, or disassemble the Services except as legally permitted;
- circumvent technical controls, licensing limits, or security protections;
- use the Services for unlawful interception, abusive traffic, or malicious activity;
- interfere with service integrity, performance, or availability.
7. Data, Privacy, and DPA
Our handling of personal data is described in the Privacy Policy. Where required, parties may enter a DPA governing processor obligations, subprocessing, and transfer mechanisms.
8. Intellectual Property
MPP and its licensors retain all rights, title, and interest in and to the Services, including all software, documentation, and related intellectual property. No rights are granted except as expressly stated in these Terms.
9. Confidentiality
Each party may receive non-public business, technical, or commercial information from the other party. Each party agrees to protect such information with reasonable care and use it only for purposes of the Services relationship.
10. Service Levels and Support
Any uptime, support response targets, or performance commitments apply only if explicitly stated in a separate Service Level Agreement (SLA) or Order Form.
11. Warranties and Disclaimers
The Services are provided on an "as is" and "as available" basis, except as expressly set out in a signed agreement. To the maximum extent permitted by law, MPP disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or goodwill. Except for excluded liabilities under applicable law, each party total liability arising from the Services will not exceed the fees paid or payable by Customer to MPP in the 12 months preceding the event giving rise to the claim.
13. Indemnification
Customer will indemnify and hold harmless MPP against third-party claims arising from Customer's unlawful use of the Services, breach of these Terms, or violation of applicable law, except to the extent caused by MPP.
14. Term, Suspension, and Termination
- These Terms remain effective while Customer uses the Services.
- We may suspend access for security risk, non-payment, unlawful activity, or material breach.
- Either party may terminate for material breach not cured within a reasonable notice period.
- On termination, Customer access ends and outstanding payment obligations remain due.
15. Export and Sanctions Compliance
Customer agrees to comply with applicable export control and sanctions laws and not use or transfer the Services in violation of such laws.
16. Governing Law and Disputes
Unless otherwise specified in an executed agreement, governing law and dispute venue are determined by the controlling Order Form or master services agreement between the parties.
17. Changes to These Terms
We may update these Terms from time to time. Material changes take effect when posted unless a later date is stated.
18. Contact
For legal questions about these Terms, contact us through the website contact form or your account management channel.