MyMaps - Terms of Use

Version: 2.0
Effective Date: August 14, 2026
Supersedes: Version 1.0 (June 10, 2025)

1. Acceptance of Terms

By accessing or using MyMaps (the "Service"), or by creating an account for the Service, you agree to be bound by these Terms of Use ("Terms"). These Terms apply to all users, including tribal government staff, special district and small business clients and their employees, authorized contractors and consultants, and members of the public accessing publicly available map content. If you do not agree to these Terms, you must not use the Service.

Authority to Bind. You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, agency, government, tribal government, special district, business, or other entity (an "Organization"), you represent and warrant that you are authorized to bind that Organization to these Terms, that you have obtained all internal approvals required to do so, and that "you" as used in these Terms refers to both you individually and that Organization. The Organization is responsible for the acts and omissions of all persons who access the Service under accounts assigned to it.

Order of Precedence. If you and Momentum CE Inc. ("we," "us," or "our") have executed a separate written agreement covering the Service — such as a master services agreement, statement of work, data sharing agreement, purchase order accepted in writing by us, or government or tribal contract (each, a "Service Agreement") — then in the event of a conflict, the Service Agreement controls as to the specific terms it expressly addresses, and these Terms govern all other matters. In the absence of a Service Agreement, these Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Service and supersede any prior or contemporaneous representations, proposals, marketing materials, or agreements, whether oral or written. Pre-printed terms on any purchase order, vendor portal, or similar document issued by you are of no effect unless we accept them in a signed writing.

2. Description of the Service

MyMaps is a web-based GIS and mapping platform developed by Momentum CE Inc., providing custom map applications, data portals, and field-data tools for tribal governments, special districts, and small businesses. The Service may include, but is not limited to:

Brownfields and environmental site maps
Open-dump health hazard survey tools
Tribal trust-land and parcel viewers
Water and utility asset tracking applications
Cultural and resource protection maps
Grant and program reporting dashboards
Custom GIS portals and field-data applications for organizational operations

The specific features, data layers, and portals available to you depend on the configuration established for your Organization and may change over time.

3. Authorized Use

3.1 Account Registration and Access

Any individual may register for a MyMaps account. However, account creation alone does not grant access to map data, portals, or any organization-specific content. Access to data and features within the Service is granted only after Momentum CE Inc. has completed setup for your Organization's maps and manually assigned your account to that Organization. Until that assignment is made, your account will have limited or no access to operational content.

Authorized users include: (a) tribal governments, small businesses, special districts, and other Organizations that have entered into a Service Agreement with Momentum CE Inc.; (b) employees, contractors, and consultants acting on behalf of a client Organization; and (c) members of the public where expressly granted access to publicly available map content.

3.2 Scope of Your Access

Your "authorized scope" is the set of portals, map layers, records, and features made available to your account through the Organization assignment described in Section 3.1, as displayed to you within the Service. If you are unsure whether particular data or functionality is within your authorized scope, ask your Organization's administrator or contact us at the address in Section 17 before proceeding. Content that is not presented to your account within the Service is outside your authorized scope.

3.3 Account Responsibilities

You are responsible for providing accurate information when registering. Once your account has been provisioned and assigned to an Organization, you are responsible for:

Maintaining the confidentiality of your credentials
All activity that occurs under your account
Ensuring that data you submit is accurate and that you are authorized to submit it
Notifying us promptly of any unauthorized access or suspected security breach

3.4 Prohibited Uses

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable law or regulation
Access, scrape, harvest, bulk-download, or export data beyond your authorized scope, or use any automated means to do so
Attempt to reverse-engineer, decompile, disassemble, or tamper with any component of the Service, or circumvent any access control, rate limit, or security measure
Share restricted map data, exports, or access credentials with unauthorized parties
Use the Service in any manner that could damage, disable, overburden, or impair its operation, or interfere with any other user's use of it
Probe, scan, or test the vulnerability of the Service or any related system without our prior written authorization
Submit any data, file, or content that contains malicious code, or that you lack the right or authorization to submit
Resell, sublicense, or make the Service available to any third party except as expressly permitted by a Service Agreement

3.5 Equitable Relief

You acknowledge that a breach of Section 3.4 may cause irreparable harm for which monetary damages are an inadequate remedy, and that we are entitled to seek injunctive or other equitable relief in addition to any other remedy available, without the requirement to post bond.

4. Intellectual Property

4.1 Our Property

All software, application code, platform architecture, design elements, and interfaces comprising the Service are owned by or licensed to us and are protected by applicable intellectual property laws. Nothing in these Terms transfers ownership of our proprietary platform to any user or client. We reserve all rights not expressly granted.

4.2 Custom Deliverables

Custom maps, portals, dashboards, and related tools built within the Service for a specific client ("Custom Deliverables") are governed by the Service Agreement entered into between Momentum CE Inc. and that client at the time of onboarding. The terms of that agreement — including ownership, access rights, and duration of use — take precedence over these Terms with respect to Custom Deliverables. In the absence of a written Service Agreement, Momentum CE Inc. retains all right, title, and interest in any Custom Deliverables, and no license or ownership rights shall be implied.

4.3 Client Data

Data, records, and information submitted to the Service by or on behalf of any client ("Client Data") remain the property of that client. We do not claim ownership of Client Data. You grant us a limited, non-exclusive license to host, process, transmit, and display Client Data solely as necessary to provide, secure, support, and maintain the Service, and as otherwise permitted by an applicable Service Agreement or our Privacy Policy. Tribal clients retain all rights to culturally sensitive, trust land, and sovereign data consistent with applicable tribal and federal law.

4.4 Aggregated and De-Identified Data

We may generate and use aggregated, de-identified statistical and technical information about use of the Service (for example, feature usage counts, performance metrics, and error rates) to operate, secure, analyze, and improve the Service. Such information will not identify you, your Organization, or any individual, will not include Client Data in identifiable form, and will not include any culturally sensitive, trust land, parcel-level, or site-specific content.

4.5 Feedback

If you provide suggestions, feature requests, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you. We are not required to implement any feedback, and feedback is provided without any expectation of confidentiality unless a Service Agreement provides otherwise.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE
WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
WARRANTIES THAT ANY DEFECT WILL BE CORRECTED, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THOSE OF ANY GRANT, PROGRAM, OR REGULATORY OBLIGATION
WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY, POSITIONAL PRECISION, OR FITNESS OF ANY MAP DATA, GEOGRAPHIC INFORMATION, COORDINATE, BOUNDARY, IMAGERY, OR OTHER CONTENT DISPLAYED THROUGH THE SERVICE

Map data and GIS information provided through the Service are for informational and planning purposes only. Boundaries, parcel lines, coordinates, and asset locations are approximate. They are not survey-grade, are not legal descriptions, and should not be relied upon as a substitute for professional surveying, title work, legal descriptions, engineering assessments, environmental determinations, or regulatory determinations. Users are responsible for independently verifying information before making decisions, and for retaining their own copies of any records they are required to maintain.

6. Limitation of Liability

To the maximum extent permitted by applicable law:

6.1 Excluded Damages

IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, OR AFFILIATES, BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, RECORDS, GOODWILL, BUSINESS OPPORTUNITY, GRANT OR PROGRAM FUNDING, OR ANTICIPATED SAVINGS
THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR THE COST OF RECREATING, RECOLLECTING, OR RE-SURVEYING ANY DATA SET, FIELD SURVEY, OR MAP LAYER
DAMAGES ARISING FROM RELIANCE ON MAP DATA, GIS INFORMATION, COORDINATES, BOUNDARIES, IMAGERY, DASHBOARD OUTPUT, OR OTHER CONTENT PROVIDED THROUGH THE SERVICE
PENALTIES, FINES, SANCTIONS, AUDIT FINDINGS, DISALLOWED COSTS, ADVERSE LITIGATION OUTCOMES, OR REGULATORY CONSEQUENCES ARISING FROM YOUR USE OF THE SERVICE OR ITS OUTPUTS
SERVICE INTERRUPTIONS, DATA LOSS, OR UNAUTHORIZED ACCESS
ANY ACT OR OMISSION OF A THIRD-PARTY DATA PROVIDER, BASEMAP OR IMAGERY PROVIDER, HOSTING OR CONNECTIVITY PROVIDER, IDENTITY PROVIDER, OR OTHER THIRD PARTY

THIS EXCLUSION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

6.2 Aggregate Liability Cap

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID TO US FOR THE SERVICE BY YOU OR YOUR ORGANIZATION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). MULTIPLE CLAIMS DO NOT ENLARGE THIS CAP. IF NO FEES HAVE BEEN PAID — INCLUDING BY MEMBERS OF THE PUBLIC ACCESSING PUBLICLY AVAILABLE MAP CONTENT, AND DURING ANY PILOT, TRIAL, OR NO-COST PERIOD — OUR TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Where a Service Agreement between us and a client states a different limitation of liability, that limitation governs as to that client.

6.3 Basis of the Bargain

You acknowledge that the disclaimers in Section 5 and the limitations in this Section 6 are an essential basis of the bargain between the parties, that the pricing for the Service reflects this allocation of risk, and that we would not provide the Service on these economic terms without them.

6.4 Exceptions

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages; to the extent such limitations are not permitted under applicable law, our liability shall be limited to the greatest extent allowed.

7. Indemnification

You will defend, indemnify, and hold harmless Momentum CE Inc. and its officers, directors, employees, contractors, licensors, and affiliates from and against any third-party claim, demand, action, proceeding, investigation, loss, liability, damage, fine, penalty, judgment, settlement, or expense (including reasonable attorneys' fees and costs) arising out of or relating to:

Your breach of these Terms, including any breach of Section 3.4 (Prohibited Uses)
Client Data or other content you submit to the Service, including its accuracy, legality, and your authority to submit, retain, disclose, or publish it
Your collection of field data, including location data, imagery, and survey responses gathered from or about any person or site
Any map, export, report, dashboard output, or other deliverable you generate with the Service and provide to any third party, court, agency, grantor, or opposing party
Your violation of any applicable law or regulation, or of any third party's intellectual property, privacy, confidentiality, cultural, or other rights
Any claim by a client, employer, or other Organization on whose behalf you used the Service, including claims that you lacked authorization to do so
Any activity occurring under your account, including sharing of credentials or restricted data

We will provide you prompt written notice of the claim (though a delay does not relieve you of your obligations except to the extent you are materially prejudiced), and you will not settle any claim in a manner that imposes any obligation, admission, or liability on us without our prior written consent. We may, at our own expense, participate in the defense with counsel of our choosing.

Government and tribal customers. If applicable law prohibits you, as a government or tribal government entity, from providing an indemnity, this Section applies only to the extent permitted by that law, and you instead agree to be responsible for the matters described above to the fullest extent your law allows. Indemnification obligations as between Momentum CE Inc. and a client Organization are otherwise governed by the applicable Service Agreement.

This Section does not apply to ordinary, lawful viewing of publicly available map content by a member of the public.

8. Confidentiality and Sensitive Information

We recognize that clients may use the Service to manage sensitive information. For tribal government clients, this may include culturally sensitive resource data, trust land records, and sovereign environmental information. For small business and special district clients, this may include proprietary operational data, site assessments, and business records. We will treat such information in accordance with our Privacy Policy and any applicable data sharing or Service Agreement, and will not disclose it to third parties except as permitted by those documents, as necessary to provide the Service through our service providers, or as required by law.

You are responsible for ensuring that you are authorized to submit any data to the Service under applicable tribal, federal, state, or local law, and for obtaining any consent or approval required before submitting data about individuals, cultural resources, or protected sites. We do not assume responsibility for unauthorized submissions.

9. Security and Your Records

We maintain administrative, technical, and physical safeguards designed to protect the Service and Client Data, as further described in our Privacy Policy. No system is completely secure, however, and we do not warrant that the Service or any data stored in it will be free from unauthorized access, loss, or corruption.

You are responsible for maintaining your own copies of any records you are required to retain under grant conditions, records-retention schedules, or applicable law. The Service is not a system of record for that purpose unless a Service Agreement expressly says so.

10. Third-Party Data and Services

The Service may incorporate third-party map data, satellite or aerial imagery, geocoding services, or basemap layers (such as those provided by public agencies or licensed data providers). Such third-party content is provided subject to its own terms and is not warranted by us. We are not responsible for the accuracy, licensing, currency, or availability of third-party data, and third-party providers may modify, restrict, or discontinue their offerings at any time.

11. Fees

Fees for the Service, if any, are set out in the applicable Service Agreement. Except as that agreement provides, fees are non-refundable. We may suspend access to the Service for non-payment after providing written notice and a reasonable opportunity to cure. Access to publicly available map content is provided at no charge.

12. Modifications to the Service and These Terms

We reserve the right to modify, add to, or discontinue the Service, or any portal, layer, or feature of it, at any time. For changes that materially reduce core functionality for an active client, we will provide reasonable advance notice, and the client's remedies for discontinuation are governed by the applicable Service Agreement.

We may update these Terms from time to time. When we do, we will increment the version number and update the Effective Date above, and will make the revised Terms available at momentumce.com/web-based-mapping/terms-of-use. For material changes, we will provide at least thirty (30) days' notice before they take effect with respect to you, by in-Service notice or by email to the address associated with your account, where we can identify a means of contacting you.

Revised Terms apply to you upon the later of the stated Effective Date and the expiration of any applicable notice period. Your continued use of the Service after that date constitutes acceptance of the revised Terms. If you do not accept revised Terms, you must stop using the Service. Changes do not apply retroactively to any dispute arising before their effective date, and do not modify a Service Agreement except as that agreement permits.

13. Termination

13.1 Termination by You

You may stop using the Service at any time. A client Organization's right to terminate a Service Agreement is governed by that agreement.

13.2 Termination or Suspension by Us

We may suspend or terminate your access to the Service, in whole or in part, (a) immediately upon notice for material breach of these Terms; (b) for non-payment as described in Section 11; (c) immediately if required by law or to prevent unlawful or fraudulent use, or to protect the Service, Client Data, or other users; or (d) for any other reason upon thirty (30) days' written notice. Where an account is assigned to a client Organization, that Organization may request removal or modification of its users' access at any time.

13.3 Effect of Termination and Return of Client Data

Upon termination, your right to use the Service ceases immediately.

Following termination of a client Organization's access, we will, upon written request made within thirty (30) days after termination, make that Organization's Client Data available for export in a commercially reasonable machine-readable format, unless the applicable Service Agreement provides otherwise or applicable law requires a different treatment. After that period, we may delete Client Data in accordance with our Privacy Policy and any applicable Service Agreement or retention schedule. We recommend exporting any data you wish to retain before your access ends.

13.4 Survival

Sections 1 (as to Authority to Bind and Order of Precedence), 3.4, 3.5, 4, 5, 6, 7, 8, 9, 13.3, 13.4, 14, and 15 survive termination, along with any other provision that by its nature should survive.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of Colorado, United States, and applicable U.S. federal law, without regard to conflict-of-law principles that would apply the law of another jurisdiction.

14.2 Tribal Sovereignty

Nothing in these Terms constitutes, or shall be construed as, a waiver, limitation, or impairment of the sovereign immunity of any federally recognized tribe, tribal government, tribal enterprise, or tribal entity using the Service, and nothing in Sections 14.1 or 14.3 through 14.6 requires any such entity to submit to a forum or waive any immunity or protection to which it is entitled. Correspondingly, nothing in these Terms constitutes our consent to the jurisdiction of any tribal court or forum, and no tribal law, code, or ordinance applies to us by virtue of these Terms. Where a tribal client and Momentum CE Inc. wish to establish a mutually enforceable dispute-resolution mechanism, the parties will do so in a Service Agreement setting out any applicable limited waiver, forum, and governing law.

14.3 Informal Resolution

Before initiating any formal proceeding, the party raising a dispute will provide the other party written notice describing the dispute and the relief sought, and the parties will attempt in good faith to resolve it through direct negotiation between representatives with authority to settle. If the dispute is not resolved within thirty (30) days after that notice, either party may propose non-binding mediation before a mutually agreed mediator, with costs shared equally. If the dispute is not resolved within sixty (60) days after the initial written notice, either party may commence formal proceedings. This Section does not require any party to delay seeking injunctive or other equitable relief under Section 3.5, or relief necessary to prevent irreparable harm or the expiration of a limitations period.

14.4 Venue

Subject to Section 14.2, the parties consent to the exclusive jurisdiction and venue of the state courts located in Larimer County, Colorado, and the United States District Court for the District of Colorado, for any action arising out of or relating to these Terms or the Service, and each party waives any objection to that venue based on inconvenient forum or lack of personal jurisdiction.

14.5 Waiver of Jury Trial and Class Actions

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. EACH PARTY FURTHER AGREES THAT ANY DISPUTE WILL BE BROUGHT IN THAT PARTY'S INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THAT NO COURT MAY CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS. If this waiver of class proceedings is held unenforceable as to any claim, that claim shall be severed and litigated in the courts identified in Section 14.4, and the remainder of this Section remains in effect.

14.6 Limitation Period

To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim first accrues; otherwise it is permanently barred. This Section does not apply where a longer period is required by law, or to a government or tribal government entity to the extent applicable law prohibits shortening its limitations period.

15. General Provisions

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and us regarding the Service, subject to the order of precedence stated in Section 1.

No Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.

No Third-Party Beneficiaries: Except as expressly stated, these Terms do not create any third-party beneficiary rights.

Force Majeure: We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, wildfire, flood, power or network failures, acts of government, labor disputes, cyberattacks, or failures of third-party providers.

Notices: We may provide notice to you by in-Service message or by email to the address associated with your account. You may provide notice to us at the address in Section 17. Notice is effective upon delivery, or upon sending in the case of email.

Relationship of the Parties: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

Headings: Section headings are for convenience only and do not affect interpretation.

16. Compliance and Export Control

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted-party list. You will comply with all applicable export control, sanctions, and anti-corruption laws in your use of the Service.

17. Contact Information

For questions about these Terms of Use, please contact:

Momentum CE Inc.
320 E Vine Dr #316 Fort Collins, CO 80524
terms@momentumce.com