Terms of Service
These Terms of Service (the "Terms") govern your access to and use of the software applications, websites, downloads, documentation, and related online services offered by Mensura Media LLC, a Florida limited liability company ("Mensura Media," "we," "us," or "our"). We refer to these offerings, individually and collectively, as our "Software Tools & Services." Please read these Terms carefully.
1. Acceptance of these Terms
By downloading, installing, accessing, or using any of our Software Tools & Services, you agree to be bound by these Terms and by any additional license or notice that accompanies a specific item. If you are using the Software Tools & Services on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization. If you do not agree, do not use the Software Tools & Services.
2. Our Software Tools & Services
Our Software Tools & Services fall into two broad categories, and the category affects how an item behaves and what data it handles:
- Local, offline-first Software Tools & Services. Most of our Software Tools & Services run entirely on your own device. They do not require an account, and they do not transmit your content to us or to third parties except where you explicitly direct them to (for example, by downloading a file from a source you choose). We generally cannot access the data these items process.
- Online Software Tools & Services. A limited number — for example social, community, mapping, and any future financial tools — operate over the internet and may require an account, process data on servers, and rely on third-party infrastructure. These items are subject to additional in-product terms where applicable.
We may add, change, suspend, or discontinue any of our Software Tools & Services, in whole or in part, at any time, though we will use reasonable efforts to give notice of material changes to account-based online items.
3. Licensing
Default license — CC BY-NC 4.0. Unless a specific item states otherwise, our Software Tools & Services are released under the Creative Commons Attribution-NonCommercial 4.0 International license (CC BY-NC 4.0). Under that license you are free to use, copy, modify, and redistribute the item for non-commercial purposes, provided you give appropriate credit, link to the license, and indicate any changes you made.
Commercial use is prohibited without our prior written permission. "Commercial use" means any use primarily intended for or directed toward commercial advantage or monetary compensation. If you would like to use any of our Software Tools & Services commercially, contact us through the form on our website to request a commercial license.
Per-item licenses and exceptions
Not every item carries the same license. Certain Software Tools & Services may be offered under a different license — whether more permissive (for example, a standard open-source license) or more restrictive (for example, a non-commercial source-available license, or a paid/commercial license). Where that is the case, the governing license is stated explicitly in that individual item — in its repository, its "About" screen, and/or an accompanying LICENSE file. The license stated with a specific item controls that item. If there is any conflict between these Terms and the license stated with a specific item, that item's stated license governs its use.
General license conditions
- Each item is licensed, not sold, to you. The license granted to any item terminates automatically if you breach these Terms or that item's license.
- You may not remove or alter any copyright, license, or attribution notices.
- You may not sublicense, sell, or rent an item except as its license expressly permits.
- You may not reverse engineer, decompile, or disassemble an item except to the extent that restriction is prohibited by law or expressly permitted by the item's own license.
4. Accounts and security (online items)
Some online Software Tools & Services require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree to provide accurate information, keep it current, and notify us promptly of any unauthorized use. We may suspend or terminate accounts we reasonably believe are being used in violation of these Terms.
5. Acceptable use
You agree not to use any of our Software Tools & Services to:
- violate any law or the rights of others, including intellectual property, privacy, and publicity rights;
- upload, distribute, or process unlawful, infringing, harmful, or malicious content or code;
- gain unauthorized access to any system, network, account, or data;
- interfere with, overload, or disrupt the items or the infrastructure that supports them;
- misrepresent your identity or affiliation, or harass, abuse, or harm another person; or
- build a competing product by copying their design, content, or code beyond what the applicable license permits.
6. Intellectual property
Our Software Tools & Services, including their software, interfaces, text, graphics, logos, and the "Mensura Media" name and marks, are owned by Mensura Media LLC or its licensors and are protected by intellectual property laws. Except for the licenses expressly granted above (and in each item's own license), these Terms transfer no right, title, or interest to you. Any feedback you provide may be used by us without obligation to you.
7. Third-party services and content
Our Software Tools & Services may interoperate with, link to, or let you download content from third parties. We do not control and are not responsible for third-party services or content, and your use of them may be governed by separate terms. References to third parties do not imply endorsement.
8. Beta, pre-release, and perpetual-beta items
Some Software Tools & Services are offered as private beta, preview, or pre-release (for example, our 3D rail-navigation tool). Beta items are provided for evaluation only, may be incomplete, may change or be withdrawn at any time, may contain errors, and may be less reliable or secure than generally available items. They are provided strictly "as is," without warranty, and must not be relied upon for navigation, safety, or any critical purpose. Access to a beta item does not entitle you to any future or final item.
Perpetual beta — free and unpaid items
Except where an item expressly states that it is a generally available or paid release, all free and unpaid Software Tools & Services are provided as part of an ongoing, perpetual beta program, reflecting their continuously evolving nature. As perpetual-beta items, they:
- are under continuous development and may be changed, updated, patched, re-architected, renamed, merged, split, deprecated, or discontinued at any time, with or without notice;
- may have features or capabilities added, modified, limited, or removed between versions, and may not preserve backward compatibility with earlier versions, saved data, file formats, configurations, or integrations;
- may contain defects, incomplete functionality, or behavior that changes over time, and are not represented as final, stable, feature-complete, or fit for any particular or mission-critical purpose;
- carry no guarantee of availability, uptime, support, maintenance, update frequency, migration path, or preservation of data; and
- are provided strictly "as is" and "as available," subject to the same no-warranty, limitation-of-liability, and indemnification and hold-harmless terms set out in Sections 9 through 11.
By downloading or using any free or unpaid item, you acknowledge and accept its perpetual-beta, ever-evolving nature, and you assume the risks associated with pre-release software. We may, but are under no obligation to, provide updates, fixes, migrations, notice of changes, or continued availability for any such item, and we may change these practices at any time.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SOFTWARE TOOLS & SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED. NO PROTECTED PARTY (AS DEFINED IN SECTION 11) MAKES ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND REGARDING THE SOFTWARE TOOLS & SERVICES, THEIR AVAILABILITY, OR THEIR RESULTS.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE PROTECTED PARTIES (AS DEFINED IN SECTION 11) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) OUR SOFTWARE TOOLS & SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID US FOR THE SPECIFIC ITEM GIVING RISE TO THE CLAIM IN THE PRECEDING TWELVE MONTHS, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification and hold harmless
"Protected Parties" means Mensura Media LLC and its members, managers, officers, employees, agents, successors, and affiliates, together with the authors, developers, contributors, maintainers, testers, licensors, licensees, distributors, and service providers of our Software Tools & Services.
You — whether an individual, an organization, a business, or any other entity accessing or using our Software Tools & Services — agree to defend, indemnify, and hold harmless each of the Protected Parties from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, liabilities, penalties, settlements, judgments, costs, and expenses (including reasonable attorneys' fees and court costs), whether direct or indirect, arising out of or in any way connected with: (a) your access to or use of, or inability to use, any Software Tool or Service; (b) your violation of these Terms or of any license accompanying an item; (c) your violation of any law or regulation, or of any right of a third party, including intellectual-property, privacy, publicity, and contract rights; (d) any content, code, or data you provide, upload, process, distribute, or rely upon; and (e) your modification, redistribution, or commercial use of any item beyond what its license permits.
Freely available software. Our Software Tools & Services — including those made freely available for non-commercial use, such as items licensed under CC BY-NC 4.0 — are provided free of charge, "as is," and without warranty, support, maintenance, or any guarantee of fitness or results. To the maximum extent permitted by law, you assume the entire risk of selecting, installing, using, modifying, and distributing them, and you release and hold the Protected Parties harmless for any loss, damage, or harm of any kind arising from that use, including to your data, devices, systems, or business. That an item is provided at no cost creates no duty, warranty, support obligation, fiduciary relationship, or liability on the part of any Protected Party.
This Section is for the benefit of each Protected Party, each of whom may enforce it directly, and it survives any termination of these Terms or of your use of the Software Tools & Services.
12. Term and termination
These Terms apply while you use our Software Tools & Services. We may suspend or terminate your access at any time, including for a breach of these Terms. On termination, the licenses granted to you end and you must stop using and, where applicable, delete the items. Sections that by their nature should survive termination will survive.
13. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The exclusive venue for any dispute not subject to arbitration will be the state or federal courts located in Pinellas County, Florida, and you consent to their jurisdiction. The parties will first attempt to resolve any dispute in good faith through informal negotiation.
14. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, for account-based items, take reasonable steps to notify you. Your continued use after changes take effect constitutes acceptance of the revised Terms.
Privacy Policy
We design for privacy first. This policy explains what we do and do not collect across our Software Tools & Services.
Local, offline-first items
Our local Software Tools & Services run on your device and are built with no telemetry. They do not create accounts, do not phone home, and do not send your files, usage, or personal data to us. Data they process stays on your machine, under your control.
Online items
Where a Software Tool or Service operates online, it may process the data necessary to provide it — for example, account details, content you choose to share, and basic technical logs for security and reliability. We use that data only to operate and improve the item, and we do not sell your personal information.
The contact form
When you send a message through our contact form, we receive the name, email address, and message you provide, and we use them solely to respond to you. We do not use them for marketing without your consent, and we do not sell them.
Third parties
Online items rely on infrastructure providers (for example, hosting and email delivery) that process data on our behalf under their own safeguards. Third-party sites you reach through our Software Tools & Services have their own privacy practices.
Your choices
You may request access to, correction of, or deletion of personal data we hold about you by contacting us through the form. We will respond consistent with applicable law.
Contact
Questions about these Terms, licensing, or this Policy — including commercial-license requests — can be sent through the contact form on our website. Mensura Media LLC is organized in the State of Florida, United States.