Mogean Terms of Service
Version 1.4
Effective Date: July 6, 2026
1. Introduction and Acceptance
1.1 These Terms of Service (the "Terms") govern your access to and use of the website located at www.mogean.com and the online store, natural-language data explorer, and related software and services made available there (collectively, the "Store"). The Store is operated by Mogean, Inc., a Georgia corporation ("Mogean," "we," "us," or "our").
1.2 By accessing or using the Store, creating an account, downloading a free sample, or placing an Order, you agree to be bound by these Terms. If you do not agree, do not access or use the Store.
1.3 Scope of these Terms; relationship to the License. These Terms govern your use of the Store — accounts, browsing, purchases and billing mechanics, acceptable use of the Store and its software, free samples, Store intellectual property, and the takedown process. These Terms do not govern your use of any data you purchase. Your rights and obligations in purchased data — including the License Tier grants, the warranty and remedies applicable to the data, and the permitted and prohibited uses of the data — are governed exclusively by the Data License Agreement available at /legal/license (the "License"), which you accept at checkout for each Order. Where this document addresses a matter also addressed in the License (for example, remedies for a wrong or corrupt file), the License controls as to that matter.
1.4 Order of precedence. In the event of a conflict among the governing documents, the following order of precedence applies, from highest to lowest: (a) any separately negotiated written enterprise or master agreement executed between you and Mogean; (b) the License; and (c) these Terms. Our Privacy Policy (the "Privacy Policy") is incorporated by reference and governs our handling of personal information.
2. Definitions
Capitalized terms used but not defined in these Terms have the meanings given in the License. The following defined terms are used consistently across the Store, the License, and the Privacy Policy:
- "Buyer" means the person or organization that places an Order or otherwise purchases a Product, and, where the context requires, any individual accessing the Store on that person's or organization's behalf.
- "Store" means www.mogean.com and the software, explorer, content, and services made available there.
- "Dataset" means Mogean's compiled US point-of-interest (business location) dataset from which Products are derived.
- "Cut" means a defined slice of the Dataset (for example, a single brand's US locations, a category pack, a state cut, a custom cut built in the explorer, or the full Dataset).
- "Drop" means a monthly release (version) of the Dataset, or of a Cut derived from it.
- "Product" means an offering available for purchase through the Store, consisting of either a one-time Cut or a Subscription.
- "Subscription" means a recurring Product providing access to successive monthly Drops while active.
- "Order" means a purchase transaction placed through the Store.
- "Delivered Files" means the data files actually delivered to a Buyer in fulfillment of an Order.
- "License Tier" means the tier of data-use rights selected at checkout — Internal Use, Embedded Use, or Redistribution — as defined in the License.
- "NOTICE File" means the attribution and notice file that ships with a Product.
- "License" means the Data License Agreement at /legal/license.
- "Privacy Policy" means the privacy policy at /privacy-policy.
3. Eligibility
3.1 The Store is offered solely for business and professional use. It is not intended for personal, family, or household use.
3.2 You must be at least 18 years old to use the Store.
3.3 If you access or use the Store, place an Order, or accept the License on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms and to the License, and "you" and "Buyer" refer to that organization.
3.4 You represent that you are not located in, and are not a national or resident of, any country or on any list subject to US export controls or sanctions that would prohibit your use of the Store, as further addressed in Section 20.
3.5 Buyer geography. The Store is open to Buyers located in the United States only, subject to Section 3.4 (export/sanctions) and Section 20.10. Mogean does not knowingly sell to, or solicit orders from, individuals or organizations located outside the United States, and an Order placed from outside the United States may be declined. If Mogean later expands sales outside the United States, these Terms and the Privacy Policy will be updated before that expansion.
4. Accounts and Guest Checkout
4.1 Accounts. Certain features may require you to create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at support@mogean.com of any unauthorized use.
4.2 Guest checkout. No account is required to purchase. Purchases are available via guest checkout using an email address, without creating a persistent account. Where you check out as a guest, the email address you provide is the account of record for that Order, you remain responsible for its accuracy, and delivery and receipts will be sent to that address.
5. Purchases, Pricing, and Billing
5.1 Prices. Prices for Products are as published in the Store at the time of your Order. Prices are stated in US dollars and may change at any time, but a price change will not affect an Order already completed.
5.2 Payment; Stripe. Card payments are processed by Stripe, Inc. ("Stripe") as our third-party payment processor. By placing an Order, you authorize us and Stripe to charge your selected payment method for the total amount of the Order, including applicable taxes. Your use of Stripe is subject to Stripe's terms and privacy policy. Mogean does not store your full payment card details; see the Privacy Policy. For qualifying Orders, Mogean also offers an invoice / purchase-order payment path — see Section 5.8.
5.3 Taxes. Published prices are exclusive of taxes unless stated otherwise. You are responsible for all applicable sales, use, value-added, and similar taxes, other than taxes based on Mogean's net income. Where required, we or Stripe will collect such taxes at checkout.
5.4 One-time Products. A one-time Cut is a single purchase of the applicable Delivered Files, licensed to you under the selected License Tier as set out in the License.
5.5 Subscriptions. A Subscription provides access to successive monthly Drops while the Subscription is active. Subscriptions renew automatically at the end of each paid term at the then-current price, and your payment method will be charged for each renewal term, unless and until you cancel.
5.6 Cancellation of Subscriptions. Cancellation is self-serve: you may cancel a Subscription at any time through your account/order area, effective at the end of the then-current paid term. Cancellation stops future Drops at the end of the then-current paid term. You will retain access for the remainder of the paid term for which you have already paid, and no further charges will be made after the current term ends. Delivered Files you have already received, including prior Drops, remain licensed to you under the License and the License Tier under which they were purchased — cancelling a Subscription does not revoke your rights in files already delivered. These Terms provide for no pro-ration and no partial-term refund on cancellation (consistent with Section 5.7).
5.7 No refunds; exclusive remedy for defective files. Except as required by non-waivable law, all sales of data are final and non-refundable once the Delivered Files have been made available for download. If you receive a file that is wrong or corrupt, your sole and exclusive remedy is replacement of that file, reported within 30 days of delivery, as further described in, and governed by, the License. The License controls with respect to the warranty on, and remedies relating to, the data itself; this Section 5.7 is a pointer and does not expand or narrow the License remedy, and the 30-day figure stated here must match the window stated in the License.
5.8 Invoice / PO (Net-30) orders. For Orders totaling $1,000 or more, you may elect at checkout to pay by invoice / purchase order instead of card. We email a Net-30 invoice to the billing contact you provide, and the Order's Delivered Files are made available for download when payment is received (typically 1–3 business days by ACH). Until payment is received, the Order remains open and no files are delivered. Invoice / PO Orders are otherwise subject to the same License acceptance at checkout, pricing, tax, and no-refund terms as card Orders.
6. Delivery
6.1 Download delivery. For card payments, Delivered Files are made available through an instant, signed download link upon successful payment. For invoice / PO (Net-30) Orders, the signed download link is issued when payment is received (Section 5.8). Files are typically provided in CSV, Parquet, and/or GeoJSON format, as indicated for the Product.
6.2 Link expiry and re-issue. Signed download links expire 24 hours after they are issued. If your link expires or fails, you may request a re-issued link through your account, or by contacting support@mogean.com, up to three (3) times per day per Order.
7. Free Samples
7.1 Mogean makes ungated sample rows of the Dataset available for evaluation purposes. Samples are provided "AS IS" and "AS AVAILABLE," without warranty of any kind, and are intended solely to let you evaluate the Dataset before purchase.
7.2 We may capture an email address in connection with a sample download. Our handling of that information is described in the Privacy Policy.
7.3 Your use of purchased data is governed by the License; free samples are provided under these Terms for evaluation and are not a substitute for a purchased License Tier.
8. License Acceptance at Checkout
8.1 Affirmative acceptance. Each Order requires you to affirmatively accept the License at checkout through a distinct, unticked click-through step (for example, checking a box confirming "I have read and agree to the Mogean Data License Agreement" that restates the License Tier you selected — the tier name is filled in at runtime from your Order). You must accept the License before your Order can be completed.
8.2 Tier selection recorded. You select a License Tier at checkout. The selected License Tier is recorded with your Order.
8.3 Version binding. Each Order is bound to the version of the License in force at the time of purchase. We maintain a durable record of which License version and License Tier you accepted, and when. A later change to the License does not alter the terms applicable to a completed Order; see Section 18.
9. Acceptable Use of the Store
9.1 You may use the Store only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree that you will not:
(a) scrape, crawl, spider, harvest, or bulk-extract content from the Store or from the natural-language explorer, or otherwise use automated means, in order to reconstruct, replicate, or assemble any part of the Dataset without purchase;
(b) circumvent, disable, or otherwise interfere with access controls, signed download links, rate limits, or any requirement to purchase a Product;
(c) probe, scan, or test the vulnerability of the Store or any Mogean system, or breach or attempt to breach any security or authentication measures, without our prior written consent;
(d) interfere with, disrupt, or impose an unreasonable load on the Store or its infrastructure, including through denial-of-service activity;
(e) use bots, scripts, or other automated means to place, manipulate, or abuse Orders, payments, samples, or promotions;
(f) misrepresent your identity or affiliation, or use another party's account, payment method, or credentials without authorization; or
(g) use the Store to violate any applicable law or the rights of any third party.
9.2 Your rights and restrictions in purchased data (including any prohibition on reconstructing, redistributing, or reselling the data, and any AI/model-training restrictions) are set out in the License and are separate from the Store acceptable-use rules in this Section 9.
10. Store Intellectual Property
10.1 The Store, including its site software, the natural-language explorer, user interfaces, text, graphics, and other content, and Mogean's names, logos, and marks, are owned by Mogean or its licensors and are protected by intellectual property and other laws. Mogean and its licensors reserve all rights not expressly granted.
10.2 Subject to your compliance with these Terms, Mogean grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Store for its intended purpose of browsing, evaluating, and purchasing Products.
10.3 These Terms grant you no rights in the Dataset or in any Delivered Files. Rights to use purchased data are granted, if at all, solely under the License. Nothing in these Terms transfers ownership of the Store or the Dataset to you.
11. Third-Party Brands, Nominative Use, and Takedown
11.1 The Dataset and Products reference third-party business brands and names in order to identify the business locations the underlying facts describe. Mogean claims no trademark, sponsorship, or other proprietary right in those third-party brands or names.
11.2 Third-party brand names are used descriptively and nominatively to identify locations. The Store uses text wordmarks only and does not use third-party brand logos. Mogean is not affiliated with, endorsed by, or sponsored by any of the named brands, and nothing in the Store should be read to imply any such affiliation or endorsement.
11.3 Brand takedown and dispute process. If you are a brand owner or authorized representative and object to the reference to your brand in the Store or a Product, you may submit a request through our takedown/dispute process at /legal/takedown or info@mogean.com. We are committed to reviewing and responding to good-faith requests, and, where appropriate, to addressing them.
11.4 As between you and Mogean, you are responsible for your own use of any brand-referencing data, including not implying affiliation or endorsement; that use is further governed by the License.
12. Feedback
If you provide Mogean with suggestions, ideas, or other feedback about the Store, you grant Mogean a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, and exploit that feedback for any purpose, without obligation or compensation to you.
13. Beta and Preview Features
From time to time Mogean may offer features identified as beta, preview, or experimental. Such features are provided "AS IS" and "AS AVAILABLE," may be changed or withdrawn at any time, and are excluded from any service commitment or warranty.
14. Disclaimers
14.1 The Store is provided "AS IS." To the maximum extent permitted by law, the Store and all free samples are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
14.2 Mogean does not warrant that the Store will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
14.3 Data warranty is separate. Any warranty (or disclaimer of warranty) relating to the data — its accuracy, completeness, currency, or fitness — is addressed exclusively in the License. This Section 14 addresses only the Store and free samples.
15. Limitation of Liability
15.1 To the maximum extent permitted by law, in no event will Mogean or its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Store or these Terms, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.
15.2 To the maximum extent permitted by law, Mogean's total aggregate liability arising out of or relating to the Store or these Terms will not exceed the total fees paid by you to Mogean in the trailing twelve (12) months preceding the event giving rise to the claim.
15.3 This limitation is structured to be consistent with the limitation of liability in the License. Where a claim relates to the data, the License's limitation of liability governs, including the License's carve-outs leaving Redistribution-tier breaches and AI/ML-training-grant breaches uncapped; this Section 15 does not itself expand those carve-outs to Store-only claims.
16. Indemnification
You agree to indemnify, defend, and hold harmless Mogean and its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your misuse of the Store; (b) your violation of these Terms; or (c) your violation of any law or third-party right in connection with your use of the Store. Indemnification relating to your use of purchased data is addressed in the License.
17. DMCA / Copyright Complaints
17.1 Mogean respects intellectual property rights. If you believe content on the Store infringes your copyright, you may send a notice to our designated agent containing the information required by 17 U.S.C. § 512(c)(3).
17.2 Designated agent: Reid Maulsby, CEO, Mogean, Inc., 1441 Woodmont Ln NW, Ste 1100, Atlanta, GA 30318, info@mogean.com.
17.3 We may remove allegedly infringing content and terminate the accounts of repeat infringers in appropriate circumstances.
18. Modifications to These Terms
18.1 Mogean may modify these Terms from time to time. We will post the updated Terms with a revised effective date and, for material changes, will provide reasonable notice by email and/or by a notice in the Store.
18.2 Changes become effective as of the stated effective date. Your continued use of the Store after that date constitutes acceptance of the modified Terms.
18.3 No retroactive effect on completed Orders. Material changes to purchase-related terms do not retroactively affect Orders already completed. Each completed Order remains governed by the Terms and the License version in force at the time of that Order.
19. Term, Termination, and Survival
19.1 These Terms apply while you access or use the Store. You may stop using the Store at any time, and may close your account (if any) through your account settings or by contacting support@mogean.com.
19.2 Mogean may suspend or terminate your access to the Store, in whole or in part, with or without notice, if you breach these Terms, if we reasonably suspect misuse, or as necessary to comply with law or protect the Store or other users.
19.3 Termination of your Store access does not revoke any rights in Delivered Files already licensed to you, which continue to be governed by the License.
19.4 Survival. Sections 2 (Definitions), 5.7 (No refunds), 10 (Store IP), 11 (Third-Party Brands), 12 (Feedback), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 19.3–19.4, and 20–21 survive termination.
20. General Provisions
20.1 Governing law. These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules.
20.2 Venue. For any dispute not subject to arbitration under Section 20.3 (including a dispute proceeding under the small-claims carve-out in Section 20.3(c), the opt-out in Section 20.3(d), or an action for injunctive relief under Section 20.4), the state and federal courts located in Fulton County, Georgia have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue there, except that small-claims actions may be brought as provided in Section 20.3(c).
20.3 Dispute resolution: binding arbitration; class-action waiver.
(a) Agreement to arbitrate. Except for (i) disputes eligible for small claims court under Section 20.3(c), and (ii) claims for injunctive or equitable relief under Section 20.4, you and Mogean agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Store, or the License will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its then-current consumer or commercial arbitration rules, as applicable, rather than in court. The arbitration will be seated in Fulton County, Georgia.
(b) Class-action and jury-trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MOGEAN EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. The arbitrator may hear only individual claims and may not consolidate more than one party's claims or otherwise preside over any form of a class or representative proceeding.
(c) Small-claims carve-out. Either party may bring an individual action in small claims court for disputes that qualify for that court's jurisdiction, in lieu of arbitration.
(d) 30-day opt-out. You may opt out of this arbitration agreement (Section 20.3(a)–(b)) by sending written notice to info@mogean.com within thirty (30) days of the date you first become bound by these Terms, stating your name, the account or order email, and that you opt out of arbitration. Opting out does not affect any other provision of these Terms; a dispute excluded from arbitration by a timely opt-out is instead subject to the courts identified in Section 20.2.
(e) Severability of this Section. If the class-action or representative- action waiver in Section 20.3(b) is found unenforceable as to a particular claim or dispute, that claim or dispute (and only that claim or dispute) will proceed in the courts identified in Section 20.2 rather than in arbitration, and the remainder of this Section 20.3 remains in effect.
20.4 Injunctive relief. Notwithstanding Section 20.3, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
20.5 Assignment. You may not assign or transfer these Terms without Mogean's prior written consent. Mogean may assign these Terms, including in connection with a merger, acquisition, or sale of assets.
20.6 Severability. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
20.7 Entire agreement; order of precedence. These Terms, together with the License, the Privacy Policy, and any separately negotiated agreement, constitute the entire agreement between you and Mogean regarding the Store and supersede all prior understandings on that subject. In the event of conflict, the order of precedence in Section 1.4 applies.
20.8 Waiver. No failure or delay by Mogean in exercising any right is a waiver of that right.
20.9 Force majeure. Mogean is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, governmental action, or war or civil unrest.
20.10 Export and sanctions compliance. You represent and agree that you will comply with all applicable US export control and economic sanctions laws, and that you are not located in, organized under the laws of, or ordinarily resident in a sanctioned jurisdiction, and are not a person with whom US persons are prohibited from dealing.
20.11 Notices. We may provide notices to you by email or by posting in the Store. You may contact us as set out in Section 21.
21. Contact
Mogean, Inc. 1441 Woodmont Ln NW, Ste 1100, Atlanta, GA 30318 General / legal notices: info@mogean.com Support: support@mogean.com Takedown/brand disputes: /legal/takedown or info@mogean.com Copyright agent (DMCA): Reid Maulsby, CEO, 1441 Woodmont Ln NW, Ste 1100, Atlanta, GA 30318, info@mogean.com