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mFusion policies

Terms and Conditions

Acceptance of These Terms

These Terms and Conditions of Use ("Terms") govern your access to and use of the mFusion platform, including the website located at mfusion.io, any related dashboards, applications, interfaces, reports, data connectors, integrations, tools, support services, professional services, and any other services made available by PinPoint Plus Ltd. ("PinPoint", "we", "us", or "our").

By accessing, browsing, registering for, subscribing to, clicking to accept, or otherwise using mFusion or any related services, you agree to be bound by these Terms.

If you are accepting these Terms on behalf of a company, advertiser, agency, partnership, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Services.

About mFusion

mFusion is a marketing insight and technology platform that enables users to aggregate, access, visualize, process, and analyze marketing and related business data from various third-party sources and platforms.

The platform may integrate with external platforms including:

  • Google Ads
  • Meta
  • Instagram
  • LinkedIn
  • X
  • Amazon

mFusion may allow integration of data from sources such as Google Ads, Meta, Instagram, LinkedIn, X, Amazon, and other third-party platforms or systems, subject to availability, compatibility, permissions, and applicable third-party terms.

Definitions

Account – means the account registered to access and use the Services.

Authorized User – means any employee, contractor, representative, or other individual whom you authorize to access or use the Services on your behalf.

Customer Data – means any data, information, content, records, files, reports, creative assets, materials, or other content that you or your Authorized Users submit, upload, import, connect, transmit, store, or otherwise make available through the Services.

Documentation – means any user guides, support materials, onboarding documents, release notes, help content, or similar materials made available by PinPoint regarding the Services.

Order Form – means any proposal, subscription order, statement of work, purchase document, commercial schedule, invoice-backed service confirmation, or other written or electronic ordering document agreed between you and PinPoint for specific Services.

Professional Services – means any onboarding, setup, implementation, customization, training, technical, consulting, or similar services provided by PinPoint in addition to the hosted platform Services.

Services – means the internet-accessible services, software functionality, hosted platform, dashboards, interfaces, connectors, support, and related services made available by PinPoint under mFusion.

Subscription Term – means the paid or agreed subscription period during which you are permitted to access and use the Services.

Eligibility and Authority

You may use the Services only if:

  • you are legally capable of entering into a binding agreement;
  • you are not barred from using the Services under applicable law; and
  • all registration information you provide is true, accurate, current, and complete. If you create an Account or use the Services on behalf of a business or organization, you are responsible for ensuring that all Authorized Users comply with these Terms.

If you use the Services on behalf of a company or organization, you are responsible for ensuring all Authorized Users comply with these Terms.

5. Access to the Services

Subject to these Terms and any applicable Order Form, PinPoint grants you during the applicable Subscription Term a limited, non-exclusive, non-transferable, non-sub licensable right to access and use the Services solely for your internal business purposes.

This is a right to access and use a hosted service. No sale or transfer of ownership of any software, platform, source code, or intellectual property is made to you under these Terms.

Your use of the Services may be subject to plan limits, user limits, feature limits, storage limits, connector limits, usage thresholds, or other restrictions stated in your Order Form, subscription plan, Documentation, or pricing page.

Accounts and Authorized Users

You are responsible for:

  • maintaining the confidentiality of your Account credentials;
  • ensuring that only Authorized Users access the Services through your Account;
  • all activities that occur under your Account; and
  • promptly notifying PinPoint of any unauthorized access, credential compromise, misuse, or suspected security breach. You must not:
  • share login credentials except as expressly permitted by your subscription plan;
  • impersonate another person or entity;
  • create an Account using false or misleading information; or
  • allow any unauthorized third party to access the Services. PinPoint may rely on instructions and actions taken through your Account.

Customer Data and Integrations

You are solely responsible for:

  • the accuracy, quality, legality, integrity, reliability, and ownership of Customer Data;
  • obtaining and maintaining all rights, licenses, permissions, disclosures, and consents necessary for PinPoint to lawfully access, process, transmit, store, display, and use Customer Data to provide the Services;
  • the configuration and authorization of third-party integrations and data sources connected by you or on your behalf; and
  • ensuring that your use of the Services and all Customer Data complies with applicable laws and third-party platform terms.

    • You acknowledge that mFusion may depend on data made available through APIs, files, feeds, exports, permissions, and access points controlled by you or third parties. PinPoint is not responsible for delays, interruptions, inaccuracies, omissions, or failures caused by third-party systems, data sources, permission changes, API changes, account restrictions, platform policy changes, or any acts or omissions of third parties.

    You grant PinPoint a limited, non-exclusive, worldwide right during the applicable term to host, copy, transmit, process, transform, display, and otherwise use Customer Data solely as necessary to provide, maintain, support, secure, and improve the Services and to perform its obligations under these Terms and any applicable Order Form.

    Acceptable Use and Restrictions

    You must not, and must not permit any third party to:

    • Copy, reproduce, republish, distribute, sell, lease, sublicense, rent, or commercially exploit the Services except as expressly permitted by these Terms.
    • Make the Services available to anyone other than your Authorized Users.
    • Use the Services to provide service bureau, timesharing, outsourcing, or similar services to third parties unless expressly agreed in writing.
    • Modify, adapt, translate, or create derivative works based on the Services or Documentation, except as expressly permitted by law and only to the extent such restriction is prohibited by law.
    • Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Services.
    • Remove, alter, or obscure any proprietary rights notices, trademarks, or legal notices contained in or on the Services or Documentation.
    • Access or use the Services to build or support a competing product or service.
    • Use the Services in any unlawful, fraudulent, deceptive, defamatory, obscene, offensive, infringing, harassing, or malicious manner.
    • Upload, transmit, or make available any Customer Data that infringes intellectual property rights, privacy rights, publicity rights, or other rights of any person.
    • Interfere with or disrupt the integrity, performance, security, or availability of the Services.
    • Introduce malware, viruses, harmful code, or security vulnerabilities into the Services.
    • Attempt to gain unauthorized access to the Services or related systems or networks.

    Changes to the Services

    PinPoint may modify, update, enhance, replace, suspend, or discontinue any part of the Services from time to time, including features, integrations, technical requirements, user interfaces, and functionality.

    PinPoint will use commercially reasonable efforts to avoid materially reducing the core functionality of paid Services during an active Subscription Term, except where such change is required for legal, regulatory, security, technical, operational, or third-party dependency reasons.

    Professional Services and Custom Work

    PinPoint may provide Professional Services such as onboarding, implementation, configuration, training, reporting support, dashboard customization, additional data setup, or technical development.

    Unless otherwise expressly agreed in writing:

    • Professional Services are separate from the standard hosted Services;
    • Professional Services may be charged on a fixed-fee, milestone, retainer, or time-and-materials basis;
    • any requested customizations, increased data collection or processing, specialized access, or new requirements may result in additional one-time or recurring fees; and
    • changes to commercial terms will apply only after written or electronic agreement between the parties.

    Orders, Subscription Plans, Fees, and Payment

    Certain Services may be provided under an Order Form, subscription plan, proposal, or other agreed commercial arrangement.

    Unless otherwise stated in an applicable Order Form:

    • Fees are invoiced on or from the applicable order or subscription effective date.
    • Invoices are payable within thirty (30) days from the invoice date.
    • Fees are non-cancelable and non-refundable once invoiced or paid, except where expressly stated otherwise.
    • All fees are exclusive of applicable taxes, duties, levies, and governmental charges.
    • You are responsible for all applicable sales tax, GST, VAT, withholding tax, use tax, or similar taxes, excluding taxes based on PinPoint's net income.

    If your subscription is set to renew automatically, it will renew for successive terms equal to the initial term unless either party provides notice of non-renewal at least thirty (30) days before the end of the then-current term, unless a different renewal mechanism is specified in your Order Form or subscription plan.

    Where travel or out-of-pocket expenses are approved in advance in connection with Professional Services, you will reimburse PinPoint for such reasonable expenses in accordance with the applicable Order Form or written approval.

    Third-Party Services

    The Services may interoperate with, connect to, or depend on third-party services, platforms, APIs, websites, tools, or data providers.

    PinPoint does not own or control those third-party services and does not guarantee their ongoing availability, interoperability, accuracy, legality, performance, or security. Your use of third-party services is subject to the applicable third-party terms and policies.

    PinPoint is not responsible for any act, omission, policy change, suspension, pricing change, data loss, service interruption, or API limitation imposed by any third party.

    Intellectual Property

    As between you and PinPoint:

    • You retain all right, title, and interest in and to your Customer Data.
    • PinPoint and its licensors retain all right, title, and interest in and to the Services, Documentation, software, technology, models, report templates, dashboard structures, workflows, know-how, branding, and all related intellectual property rights.

    No rights are granted to you other than the limited access rights expressly set out in these Terms.

    If you provide suggestions, ideas, enhancement requests, recommendations, or feedback regarding the Services, PinPoint may use, implement, modify, and incorporate such feedback without restriction and without any obligation to you.

    Confidentiality

    Each party may receive non-public, confidential, or proprietary information from the other party ("Confidential Information").

    Confidential Information includes, without limitation:

    • Non-public business, technical, financial, product, security, customer, and pricing information.
    • The non-public terms of any Order Form.
    • Documentation and non-public aspects of the Services.
    • Customer Data.

    The receiving party shall:

    • Use the disclosing party's Confidential Information only as necessary to perform under these Terms or exercise its rights under these Terms.
    • Not disclose such Confidential Information to any third party except to employees, contractors, professional advisers, and service providers who have a need to know and are bound by confidentiality obligations.
    • Protect such Confidential Information using at least reasonable care.

    Confidential Information does not include information that the receiving party can demonstrate:

    • Is or becomes publicly available without breach of these Terms.
    • Was lawfully known without restriction before disclosure.
    • Is lawfully received from a third party without breach of any confidentiality obligation.
    • Is independently developed without use of the disclosing party's Confidential Information.

    A receiving party may disclose Confidential Information to the extent required by law, regulation, court order, or governmental authority, provided that where legally permitted it gives prompt notice to the disclosing party.

    The confidentiality obligations in this Section will continue during the term and for five (5) years thereafter, except that trade secrets and Customer Data will be protected for so long as they remain confidential information under applicable law.

    Privacy and Personal Data

    Your use of the Services is also subject to PinPoint's Privacy Policy, as updated from time to time.

    To the extent PinPoint processes personal data on your behalf in connection with the Services:

    • You are responsible for ensuring that you have an appropriate legal basis and all necessary rights, notices, and consents for such processing.
    • You remain responsible for the legality of the personal data submitted to or accessed through the Services.
    • You must not provide special category or sensitive personal data unless expressly agreed in writing and supported by appropriate compliance measures.
    • PinPoint will process such data only as necessary to provide the Services, comply with law, and perform its obligations under these Terms and any applicable Order Form.

    PinPoint may use subcontractors, hosting providers, infrastructure providers, and sub-processors in connection with providing the Services, provided PinPoint remains responsible for their performance to the extent required by applicable law and contract.

    Security

    PinPoint will use commercially reasonable administrative, technical, and organizational measures designed to protect the Services and Customer Data against unauthorized access, disclosure, alteration, or destruction.

    However, no internet-based service or data transmission method is completely secure. You acknowledge that the Services may be subject to delays, outages, compromises, and failures beyond PinPoint's reasonable control.

    Suspension

    PinPoint may suspend or restrict access to all or part of the Services, with or without prior notice where reasonably necessary, if:

    • You fail to pay amounts due and such failure continues after notice and any applicable cure period.
    • Your use of the Services breaches these Terms.
    • Your use of the Services poses a security risk or may adversely impact the Services, PinPoint, or other users.
    • Your use of the Services may expose PinPoint to liability.
    • A third-party dependency or legal requirement necessitates suspension.
    • You or your Authorized Users are causing immediate and ongoing harm to PinPoint, the Services, or others.

    Where reasonably practicable, PinPoint will provide notice of the suspension and an opportunity to resolve the issue. Suspension does not relieve you of your payment obligations.

    Term and Termination

    These Terms apply from the date you first accept or use the Services and continue until all Subscription Terms and use of the Services have ended.

    Either party may terminate an applicable paid subscription or Order Form if the other party materially breaches these Terms or the applicable Order Form and fails to cure that breach within sixty (60) days after receiving written notice.

    PinPoint may terminate or suspend the Services immediately if:

    • You materially violate Section 8.
    • Continued provision of the Services would violate law or third-party obligations.
    • Your use of the Services creates significant legal, technical, or security risk.

    Upon expiration or termination:

    • Your rights to access and use the applicable Services will cease.
    • You must stop using the Services.
    • Any outstanding payment obligations accrued before termination remain payable.
    • Each party may request return or deletion of its Confidential Information, subject to legal, backup, and archival retention requirements.

    If PinPoint terminates for your uncured breach, PinPoint may require payment of all amounts accrued and payable up to the date of termination and any other amounts due under the applicable Order Form to the extent permitted by law.

    Data Retention and Deletion

    Following expiration or termination, PinPoint may delete or disable access to Customer Data after a reasonable period, except to the extent retention is required for backup, audit, compliance, legal, dispute-resolution, fraud-prevention, or legitimate internal business purposes.

    You are responsible for exporting any Customer Data you wish to retain before the effective date of termination or within any post-termination access period that PinPoint may provide.

    Service Levels and Support

    Any service levels, uptime commitments, response times, support obligations, or service credits will apply only if expressly stated in an applicable Order Form, support policy, or separate service level agreement.

    Unless expressly agreed otherwise, the Services are provided without any guaranteed uptime or response commitment.

    Warranties Disclaimer and Limited Warranty

    PinPoint warrants that it will provide the Services in a professional and workmanlike manner and that the Services will perform in all material respects in accordance with the applicable Documentation, subject to reasonable technical limitations.

    Except as expressly stated in these Terms or an applicable Order Form, the Services are provided on an "as is" and "as available" basis.

    To the maximum extent permitted by law, PinPoint disclaims all other warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, satisfactory quality, accuracy, and uninterrupted availability.

    PinPoint does not warrant that:

    • The Services will be uninterrupted, error-free, or completely secure.
    • All defects will be corrected.
    • Reports, dashboards, analytics, or outputs will always be complete, accurate, or suitable for your business decisions.
    • Third-party integrations, APIs, or data sources will remain available or compatible.

    Indemnity by You

    You will defend, indemnify, and hold harmless PinPoint, its affiliates, directors, officers, employees, contractors, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

    • Customer Data
    • Your use of the Services in violation of these Terms
    • Your violation of applicable law
    • Your infringement or misappropriation of any third-party right
    • Any permissions, authorizations, or data access rights that you failed to obtain

    PinPoint may participate in the defense of any claim with counsel of its own choosing at its own expense.

    Limitation of Liability

    To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenues, goodwill, business opportunity, anticipated savings, data, or use, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages.

    To the maximum extent permitted by law, each party's aggregate liability arising out of or related to these Terms, the Services, and all applicable Order Forms shall not exceed the total fees paid or payable by you to PinPoint for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

    The limitations in this Section will not apply to:

    • Your payment obligations
    • Your indemnity obligations
    • Either party's breach of confidentiality obligations
    • Liability that cannot be limited or excluded under applicable law

    Publicity

    Unless otherwise agreed in writing, PinPoint may identify you as a customer of mFusion and may use your name and logo in customer lists, website references, and similar marketing materials.

    PinPoint will not issue a press release specifically announcing your use of the Services without your prior approval, unless otherwise agreed in writing.

    Statistical and Aggregated Information

    PinPoint may collect, generate, and use aggregated, anonymized, or de-identified statistical and usage information relating to the performance, operation, security, support, and improvement of the Services, provided that such information does not identify you, your confidential information, or your Customer Data as belonging to you.

    Export Compliance

    You agree to comply with all applicable export control, sanctions, and trade laws and regulations in connection with your use of the Services.

    You must not access, use, export, re-export, or permit access to the Services in violation of any applicable export or sanctions laws.

    Notices

    PinPoint may provide notices under these Terms by email, through the Services, by posting on mfusion.io, or by other reasonable electronic means.

    You are responsible for keeping your contact details current.

    Notices to PinPoint should be sent to hello@pinpoint.plus.

    Electronic notices will be deemed received when sent or posted, unless otherwise required by applicable law.

    Assignment

    You may not assign, transfer, delegate, or otherwise dispose of these Terms or any rights or obligations under them without PinPoint's prior written consent.

    PinPoint may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its business or assets related to the Services.

    Force Majeure

    Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, utility outages, epidemics, governmental actions, cyber incidents by third parties, or failures of third-party service providers.

    Relationship of the Parties

    The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, fiduciary, agency, employment, or franchise relationship between the parties.

    No Third-Party Beneficiaries

    These Terms are solely for the benefit of you and PinPoint and do not confer any rights or remedies on any third party, except as expressly stated in these Terms.

    Waiver

    No failure or delay by either party in exercising any right under these Terms will operate as a waiver of that right. Any waiver must be in writing and signed or otherwise expressly acknowledged by the waiving party.

    Severability

    If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be interpreted so as to best accomplish its intended purpose to the maximum extent permitted by law.

    Entire Agreement and Order of Precedence

    These Terms, together with any applicable Order Form, Privacy Policy, and any expressly incorporated policies or addenda, constitute the entire agreement between you and PinPoint regarding the Services and supersede all prior or contemporaneous discussions, proposals, understandings, and communications relating to the same subject matter.

    If there is a conflict between these Terms and an applicable Order Form, the Order Form will control only with respect to the specific commercial or service terms expressly covered by that Order Form.

    No standard or pre-printed terms in any purchase order, procurement portal, or other business form submitted by you will modify these Terms unless expressly agreed by PinPoint in writing.

    Changes to These Terms

    PinPoint may update these Terms from time to time. If we make material changes, we will post the updated version on mfusion.io or through the Services and update the "Last Updated" date above.

    Unless otherwise stated, changes become effective when posted. Your continued access to or use of the Services after the effective date of the updated Terms constitutes your acceptance of the revised Terms.

    If you do not agree to the revised Terms, you must stop using the Services.

    Governing Law and Jurisdiction

    These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to conflict of laws principles.

    The courts in Vancouver, British Columbia, Canada shall have exclusive jurisdiction over all disputes arising out of or relating to these Terms or the Services.

    Contact Information

    For questions about these Terms or the Services, please contact:

    PinPoint Plus Ltd.
    mFusion
    Website: mfusion.io
    Email: hello@pinpoint.plus