These terms govern access to and use of the openMMM cloud service at openmmm.com (the “Service”), operated by [Company legal name] (“we”, “us”). By creating an account or using the Service you agree to these terms. The open-source openMMM software is licensed separately under Apache 2.0 and is not covered by these terms.
1. The Service
The Service is a hosted platform for marketing mix modeling: data ingestion, model building (OLS and Bayesian), diagnostics, reporting, and budget optimization. We may improve or modify features over time; we will not materially degrade the core functionality of a paid plan during a paid period without notice.
2. Accounts and organizations
- You must provide accurate information and keep your credentials secure. You are responsible for activity under your account.
- Organization owners control membership and roles; members act on behalf of their organization.
- You must be at least 18 and using the Service in a professional capacity (the Service is B2B).
3. Plans, billing and trials
- Paid plans are billed in advance on a monthly subscription via our payment provider, Stripe. Prices and plan limits are listed on the pricing page.
- Trials: paid plans include a [X]-day free trial where offered. You can cancel any time before the trial ends without charge.
- Subscriptions renew automatically until cancelled. Cancellation takes effect at the end of the current billing period.
- Refunds: [refund stance — e.g. "fees are non-refundable except where required by law", or a goodwill window].
- GPU compute beyond plan quotas is billed as metered overage at the rates shown on the pricing page.
- We may change prices with at least [30] days’ notice; changes apply from your next billing period.
4. Your data
- You retain all rights to the data you upload (datasets, taxonomies, configurations) and to the model outputs the Service computes for you (“Customer Data”).
- You grant us the limited rights needed to host and process Customer Data solely to operate the Service.
- You are responsible for having the right to upload the data you provide, and for not uploading data you are not entitled to process.
- On account deletion, Customer Data is deleted within [X days], except backups which expire within [X days]. Details in the privacy policy.
- We may use aggregated, anonymized usage statistics to improve the Service; never your raw data, and never to train models for other customers.
5. Acceptable use
You agree not to:
- break the law, or infringe others’ rights, using the Service;
- probe, breach, or test the security of the Service without written permission;
- resell or provide the Service to third parties as a service bureau, except as your plan expressly allows (e.g. agency plans managing client workspaces);
- abuse compute resources (e.g. crypto-mining, load beyond fair use of your plan) or circumvent plan limits;
- upload malicious code or data designed to disrupt the Service.
6. Availability and support
We aim for high availability but the Service is provided without an uptime guarantee [or: "with the SLA described at ..." if you offer one to Enterprise]. Support is provided [support channel and response commitment per plan]. We may perform maintenance with reasonable notice where practical.
7. Intellectual property
We retain all rights in the Service and its software, other than the open-source components licensed under their own terms and your Customer Data. Feedback you provide may be used without obligation.
8. Warranty disclaimer
The Service is provided “as is”. Model outputs are statistical estimates: they depend on the data and assumptions you provide, and we do not warrant that they are accurate, complete, or fit for any particular business decision. You remain responsible for decisions made using the Service.
9. Liability
To the maximum extent permitted by law, neither party is liable for indirect or consequential damages, and our total aggregate liability under these terms is capped at the fees you paid us in the [12] months preceding the claim. Nothing limits liability that cannot be limited by law (e.g. gross negligence, willful misconduct).
10. Suspension and termination
- You may stop using the Service and cancel at any time from the billing page.
- We may suspend or terminate access for material breach of these terms, non-payment, or security risk — with prior notice where reasonably possible.
- Sections that by nature survive termination (data, IP, liability, law) survive.
11. Changes to these terms
We may update these terms. For material changes we will give at least [30] days’ notice by email or in-app. Continued use after the effective date constitutes acceptance.
12. Governing law and jurisdiction
These terms are governed by [French law]. Any dispute not resolved amicably falls under the exclusive jurisdiction of the courts of [city, e.g. Paris], subject to mandatory consumer or local-law protections that may apply.
13. Contact
Questions about these terms: contact@openmmm.com.