Muffin | Terms of Use

By signing up for and/or using the Muffin service, you are agreeing to be bound by the following terms and conditions (Terms of Use).

I (David A McClain) reserve the right to update or change the Terms of Use at any time without notice. Any new features that build upon, or add to the existing service shall be subject to these Terms of Use. Continued use of such services or enhancements shall constitute your consent to such changes.

General Conditions

  1. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support outside of the existing support documentation is generally only provided to paying account holders and is only available via email.
  3. You understand that Muffin is made possible by using third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
  4. You must not modify, adapt or hack Muffin or modify another website so as to falsely imply that it is associated with the service or me (David A McClain).
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Muffin, use of Muffin, or access to Muffin without the express written permission by me (David A McClain).
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Muffin customer, employee, member, or officer will result in immediate account termination.
  7. I do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  8. You expressly understand and agree that I (David A McClain) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if I had been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
  9. The failure (actual or perceived) of me to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and I and govern your use of the service, superseding any prior agreements between you and I (including, but not limited to, any prior versions of the Terms of Service).
  10. Questions about the Terms of Use should be sent to help at uhhuhyeah dot com.

Modification to services and prices

  1. I (David A McClain) reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Muffin (or any part thereof) with or without notice.
  2. Prices of all services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days notice from me. Such notice may be provided at any time by posting the changes to the Muffin site or in the service itself.
  3. I shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Cancellation and Termination

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the View/Change Preferences link in the global navigation bar at the top of the screen. The Account tab provides a simple, no questions asked instant cancellation process.
  2. All of your Content will be immediately deleted from the service upon cancellation.
  3. If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again.
  4. I (David A McClain), in my sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other of my services, for any reason at any time. Such termination of the service will result in the deactivation and/or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. I reserve the right to refuse service to anyone for any reason at any time.

Payment, Refunds, Upgrading and Downgrading

  1. A valid credit card is required for paying accounts. Free accounts (not including free-trials on paying accounts) are not required to provide a credit card number.
  2. The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  5. Downgrading your service may cause the loss of Content, features, or capacity of your Account. I (David A McClain) do not accept any liability for such loss.

Account Terms

  1. A free trial of a paying account only requires that you provide a valid email address and that you have not in the past, nor concurrently, have signed up for a free trial. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process after your free trial in order to convert your free trial to any paid account. Note: In order to provide the best user experience possible, it is sometimes necessary for you to provide additional non-sensitive information such as (but not limited to) your time zone.
  2. Your account may only be used by one person – a single login shared by multiple people is not permitted.
  3. You are responsible for maintaining the security of your account and password. I (David A McClain) cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. One person or legal entity may not initiate more than one free trial account. After the free trial period has elapsed, you must provide your billing information to convert it into a paying account if you wish to continue to use the service.
  5. You may not use the service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  6. In order to keep operational costs down to a reasonable amount, it may be necessary to delete user content (i.e. your spending) after one year. This will not affect your ability to use the service in any way other than you may not be able to run spending reports on data more than a year old.

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