Terms of Service
1. Agreement
These Terms of Service ("Terms") govern your use of magintude.com and the Magnitude vendor risk monitoring platform (collectively, the "Service"), operated by Magnitude, Inc. ("the Company," "we," "us," or "our") (116 Huntington Avenue, Floor 8, Boston, MA 02116). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms apply to website visitors and to individuals who access the platform as authorized users within a subscribing organization. Separate written subscription agreements govern the commercial terms for paid platform access and take precedence over these Terms in the event of a conflict.
2. Use of the Service
- You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
- You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to any systems, accounts, or data.
- You may not scrape, reverse-engineer, or copy the Service or its outputs except as permitted by applicable law or an explicit written agreement with the Company.
- You agree not to use Magnitude-generated risk intelligence to make decisions that violate anti-discrimination laws or that are inconsistent with applicable regulatory requirements governing your procurement or vendor management program.
3. Intellectual Property
The Service, including all text, graphics, risk-scoring methodology, software, and platform features, is owned by the Company or its licensors and is protected by United States and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose. Risk reports and alerts generated for your account may be used by your organization for its internal vendor management purposes; you may not resell or redistribute them.
4. User Content and Vendor Data
You are responsible for any content you submit through the Service, including vendor relationship information and account data. You represent that you have all necessary rights to submit such content and that doing so does not violate any contractual or legal obligation. You grant us a limited license to use, store, and process the content as necessary to provide the Service, generate risk assessments, and respond to your inquiries. We do not use vendor relationship data submitted by one customer to generate outputs for another customer.
5. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Risk assessments and alerts generated by the Magnitude platform are based on publicly available information and automated signal processing. They are provided for informational purposes to assist your organization's vendor oversight program and do not constitute legal, financial, or compliance advice. Magnitude does not guarantee that all vendor risk events will be detected or that risk scores will reflect every relevant factor.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100 FOR WEBSITE VISITORS, OR THE FEES PAID BY A SUBSCRIBING CUSTOMER IN THE TWELVE MONTHS PRECEDING THE CLAIM FOR PLATFORM SUBSCRIBERS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.
7. Indemnification
You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right.
8. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive (including Sections 3, 5, 6, 7, 9, and 10).
9. Governing Law; Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law principles.
Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.
Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Massachusetts, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.
Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Massachusetts, USA for intellectual-property infringement or unauthorized access to the Service.
10. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.
11. Contact
Magnitude, Inc.116 Huntington Avenue, Floor 8
Boston, MA 02116
Email: [email protected]
Phone: +1 (617) 226-0142