Terms of Service

1Who we are and what this covers

These Terms of Service (the “Terms”) are a contract between Mamba Technologies LLC, a Florida limited liability company (“Mamba”, “we”, “us”), and the person or organization that creates a Mamba account or uses the Mamba service (“you”, “Customer”).

Mamba is a TikTok Shop analytics and reporting service. It connects to a TikTok Shop through TikTok’s official app authorization, reads the shop’s orders, settlements, products, advertising and affiliate creator data, combines that with costs you supply, and produces profit and loss statements, dashboards, alerts and client-ready reports. The Service also includes features that write changes back to a connected shop when you ask it to.

By creating an account, authorizing a TikTok Shop, accepting an invitation to join a workspace, or using the Service in any way, you agree to these Terms. If you are agreeing on behalf of a company, you represent that you have authority to bind it, and “you” means that company.

2Definitions

3Accounts, users and roles

3.1 Eligibility

You must be at least 18 and able to form a binding contract. The Service is offered to businesses for business purposes. It is not a consumer product and is not intended for personal or household use. Mamba is currently offered to sellers operating in the United States; We may add or withdraw markets on notice.

3.2 Registration and credentials

You must give accurate registration information and keep it current. You are responsible for all activity under your account and for keeping credentials confidential. Tell us promptly at security@mamba.app if you believe an account has been compromised.

3.3 Seats and roles

Your plan sets how many Authorized Users you may have and how many Shops you may connect. Seats are named — they belong to one individual and must not be shared. Roles determine what a user can see and do; you are responsible for assigning them correctly and for removing users who leave.

3.4 Your Authorized Users are your responsibility

You are responsible for what your Authorized Users do and fail to do under these Terms as if you had done it yourself. That includes users who work for an Agency you have linked, and users an Agency invites into a workspace containing your Shop.

4Connecting a TikTok Shop

4.1 How authorization works

Mamba does not ask for your TikTok password and never receives it. You connect a Shop through TikTok’s own app authorization screen, which lists the permissions Mamba requests and asks you to approve them. TikTok then issues Mamba an access token scoped to that Shop. You can revoke it at any time from TikTok Seller Center, and doing so stops all further access immediately.

4.2 What we are permitted to access

Mamba is a public TikTok Shop Partner app in the Analytics & Reporting category, service ID 7575119803692123918. Our approved permissions fall into these groups:

TikTok may add, change or withdraw permissions. If we add a permission, TikTok requires you to re-authorize before we can use it, and we will tell you what changed and why before asking.

4.3 Your authority to connect

You represent that you own or are authorized to operate each Shop you connect, and that connecting it and letting Mamba process its data does not breach any agreement you have with TikTok, with a client, or with anyone else. If an Agency connects a Shop, Section 5.2 also applies.

4.4 Disconnecting

You may disconnect a Shop at any time in Mamba, or revoke the authorization in TikTok Seller Center. Once revoked we stop collecting new data for that Shop. What happens to data we already hold is covered in Section 15.

5Agencies, and the Agency–Seller relationship

This section is the heart of how Mamba works commercially, so it is worth reading in full whether you are an Agency or a Seller whose shop an Agency manages.

5.1 Both of you are parties to these Terms

When an Agency brings a Seller onto Mamba, the Agency is normally the paying customer and the Seller is normally the party that authorizes the Shop. Both are bound by these Terms in respect of what they each do. Neither becomes responsible for the other’s fees unless the Order Form says so.

5.2 What an Agency promises when it links a Seller

By linking a Seller’s Shop to your Agency workspace, or by inviting a Seller into it, the Agency represents and warrants that:

• it has a current written engagement with that Seller covering the management of the Shop;
• that engagement authorizes the Agency to access the Shop’s data, to use a service like Mamba to do so, and to instruct Mamba to take actions on the Shop;
• the Seller has been told that Mamba is being used and what it does; and
• the Agency will stop accessing a Seller’s Shop promptly once that engagement ends.

The Agency indemnifies Mamba for claims arising from any of these being untrue (Section 14).

5.3 The Seller keeps control of its own data

Linking a Shop to an Agency does not transfer ownership of anything. As between the Seller and the Agency:

• the Seller owns its Shop Data and the Customer Inputs it enters;
• the Agency owns the Customer Inputs its own staff enter — its retainer lines, its notes, its report configurations;
• a Seller may revoke the TikTok authorization or unlink an Agency at any time, without needing the Agency’s agreement.

5.4 P&L Visibility Policy

Mamba lets a Seller decide which financial lines Agency users may see — cost of goods, gross and net margin, affiliate commissions, shipping, ad spend, custom cost lines and others — and applies a waterfall so that any figure which would reveal a hidden line by arithmetic is hidden too. Restrictions can be applied to all Agency users or to specific roles.

Where a Seller sets a P&L Visibility Policy, Mamba will enforce it. The Agency agrees not to attempt to circumvent it, including by inference from exports, by asking Mamba support to disclose a restricted figure, or by using another route into the same shop. Mamba is not liable to an Agency for information it cannot see because a Seller restricted it.

5.5 White labeling

On plans that include it, an Agency may present the Service under its own brand name, logo, theme, email identity and custom domain. If you do:

• you may not state or imply that you built or own the underlying software, or that Mamba is your employee, partner or joint venturer;
• you are responsible for the accuracy of anything you add to or say about the Service under your brand, including claims made to your clients about what it does;
• you must not use the white label to conceal from a Seller that a third-party service is processing its data, where the Seller asks or where the law requires disclosure;
• you grant Mamba a limited license to display your name, logo and marks solely to operate the white label for you; and
• Mamba remains the operator and the processor underneath. A defect in the Service is our responsibility to fix and your responsibility to communicate.

We may require removal of branding that is unlawful, infringing, or likely to mislead about who provides the Service.

5.6 When an Agency–Seller relationship ends

Either party may tell us the engagement has ended. On notice, we will unlink the Shop from the Agency workspace. After unlinking:

• the Agency loses access to that Shop’s data going forward, including in stored reports that have not already been exported;
• the Seller keeps its Shop, its history and its Customer Inputs, and may continue on its own plan or with a different Agency;
• reports the Agency already exported remain with the Agency, and its obligations of confidentiality and lawful use continue to apply to them; and
• where the Seller has no plan of its own, we will give the Seller a reasonable opportunity to take over the subscription or export its data before the Shop is deactivated.

If the Agency and the Seller give us conflicting instructions about a Shop, we will follow the instruction of the party that holds the TikTok authorization for it, and we may suspend the link until the conflict is resolved.

6Your data, and what we may do with it

6.1 You own your data

As between you and Mamba, you own all Customer Data. We claim no ownership of it.

6.2 The license you give us

You grant Mamba a non-exclusive, worldwide, royalty-free license to host, copy, transmit, index, process, display and create derived figures from Customer Data for the sole purpose of providing, securing and supporting the Service for you, and for no other purpose. This license ends when the data is deleted under Section 15.

6.3 Consumer personal data

Some Shop Data identifies a Shop’s end customers. For that data:

• the Seller is the controller (or business) and Mamba is the processor (or service provider), and we process it only on documented instructions;
• we do not sell it, share it for cross-context behavioral advertising, or use it to build or enrich any profile of a consumer;
• we do not use it to market to a Shop’s customers, and we do not make it available to other customers of Mamba; and
• our processing terms are set out in the Data Processing Addendum, which is part of these Terms and applies automatically — you do not need to sign it separately.

6.4 Aggregated and de-identified data, and how we use it to improve Mamba

We create aggregated, de-identified statistics from Customer Data to operate, secure and improve the Service, to produce category benchmarks, and to train and improve Mamba’s own models — the models behind our forecasts, benchmarks and written insights. This is subject to strict limits.

In other words: we may learn that a supplements shop running a certain ad spend tends to see a certain ROAS. We do not learn, and cannot learn, what you pay for your product, what you sell, or who buys it. Your cost data and your catalog are the two things that are actually yours, and they are excluded by design rather than by promise.

Before Customer Data is used for any of this it is stripped of identifiers and aggregated across enough shops that no individual shop’s figures can be identified or inferred from the result. We will not attempt to re-identify it, and will not permit anyone else to. No model output will reproduce, reveal or allow a user to infer another customer’s data. We may publish or share aggregated data only where it cannot reasonably be traced to you.

6.5 Artificial intelligence features

Some features generate written insights, alerts and summaries from your data.

• These features run on your data to serve you, and their output is scoped to your workspace. Your Customer Data is never used to train a third party’s general-purpose models. Section 6.4 governs the only training we do at all, on aggregated and de-identified figures with your costs, SKUs and consumer data excluded.
• Where a third-party model provider is used, it acts as our sub-processor under contract terms that prohibit training on your data and require deletion after processing. Our current model provider is Anthropic; the full sub-processor list is in the Privacy Policy and the DPA.
• We do not send consumer personal data to a model provider. Where an insight needs order information, we send aggregates and de-identified figures, never buyer names or addresses.
• AI output can be wrong. It is a starting point for your judgment, not a substitute for it, and Section 11 applies to it in full.

6.6 Feedback

If you send us suggestions about the Service, we may use them without restriction or payment. You are not required to send us any.

7Your responsibilities

You agree to:

• use the Service in compliance with all laws that apply to you, and with TikTok’s own terms, policies and seller agreements — a breach of TikTok’s rules that costs you a shop is not something Mamba can undo;
• provide accurate Customer Inputs. Cost of goods drives every margin figure in the Service. If your COGS is wrong, incomplete or out of date, your profit numbers will be wrong, and that is not a defect in the Service;
• review reports before relying on them or sending them to a client, lender, investor or tax authority;
• keep your own records, and keep your books somewhere else. Mamba is a reporting layer, not your system of record, not your general ledger and not your accounting system — see Section 11;
• make sure you have the right to give us any personal data you upload, and not to upload personal data you do not need in the Service; and
• not upload payment card numbers, government identifiers, health information, or other sensitive categories of personal data into free-text fields, notes or custom cost lines.

8Plans, billing and renewal

8.1 Plans and fees

Fees, seat counts, shop limits and the billing period are set out on our pricing page or in your Order Form. Published plans at the date of these Terms are a free plan (Section 8.2) and the paid Seller, Marketing, Agency and Agency Pro plans. Unless your Order Form says otherwise, fees are quoted and charged in US dollars.

8.2 The free plan

Mamba offers a free plan. It is part of the Service and all of these Terms apply to it, including your obligations in Sections 6 and 9, the disclaimers in Sections 11 and 13, and the indemnities in Section 14. The differences are these:

• What you get. The free plan is limited to one (1) connected Shop, two (2) Authorized Users, and the P&L and Overview views. Snapshots, exports, white labeling, alerts and AI insights are paid features. Historical data may be limited to the most recent 12 months.
• No fee, no commitment, no service level. Because you pay nothing, the free plan is provided as is and as available. Nothing in these Terms gives a free-plan account a service level, an uptime commitment, a support response time, or a right to any particular feature.
• We may change or end it. We may modify the free plan’s limits, or withdraw the free plan entirely, on 30 days’ notice to your account email. If we do, you may export your data under Section 15.5 and close your account.
• Inactive accounts. We may suspend or close a free-plan account that has not been signed in to for 12 months, after emailing you first. Data is then deleted on the timetable in Section 15.6. Keeping a dormant shop’s consumer personal data alive indefinitely is not something either of us should want.
• Liability. For a free-plan account, the cap in Section 13.2 resolves to one hundred US dollars (US$100), since there are no fees to measure it against.
• Upgrading. If you upgrade, the paid terms in this Section 8 apply from the date the paid plan starts, and your data carries over.

During a beta or promotional period we may open paid features to free accounts temporarily. Doing so does not change the free plan’s published limits and does not entitle you to keep those features when the period ends; we will tell you before it does.

You may not open multiple free accounts to avoid a plan limit, and Section 9 treats doing so as prohibited use.

8.3 Payment

Payments are processed by Stripe. We do not receive or store your full card number. By subscribing you authorize us and Stripe to charge your payment method for the plan you selected, including at each renewal, and you agree to Stripe’s terms for the payment itself.

8.4 Automatic renewal and cancellation

Subscriptions renew automatically for successive periods of the same length until canceled. You may cancel at any time from the billing area or by emailing billing@mamba.app. Cancellation takes effect at the end of the period you have already paid for — you keep access until then, and you are not charged again. There is no notice period and no cancellation fee.

8.5 Refunds

Fees are non-refundable except where these Terms say otherwise or the law requires it. We do not provide refunds or credits for partial periods, unused seats, or periods in which you did not log in.

8.6 Overage and upgrades

If you exceed the shop or seat limit of your plan, we will tell you and may either invoice the difference at the then-current rate or ask you to upgrade. We will not silently upgrade you.

8.7 Price changes

We may change prices for a renewal period on at least 30 days’ notice to your account email. If you do not accept a change, you may cancel before the renewal date and the change will not apply to you.

8.8 Late payment and taxes

If a payment fails we may retry it, and we may suspend the Service after reasonable notice until it succeeds. Fees exclude taxes. You are responsible for sales, use and similar taxes, other than taxes on our income.

8.9 Trials, demos and beta features

Free trials, demo workspaces and features marked beta, preview or coming soon are provided as is, may change or be withdrawn, and may not be as reliable as the rest of the Service. We may end a trial at any time.

9Acceptable use

You must not, and must not allow anyone to:

• access the Service to build a competing product, or to benchmark it for publication without our written consent;
• reverse engineer, decompile or attempt to derive source code, except where that restriction is unenforceable by law;
• circumvent access controls, rate limits, seat limits or a Seller’s P&L Visibility Policy;
• scrape the Service, or use it through an automated agent other than an interface we provide;
• resell, sublicense or make the Service available to anyone outside your Workspace, except that an Agency may provide reports and dashboard access to the Sellers it manages under Section 5;
• use another customer’s data for any purpose, or attempt to access a Shop you are not authorized for;
• use the Service to send unsolicited messages, including through the affiliate messaging feature, in breach of TikTok’s policies or anti-spam law;
• upload malware, or interfere with the integrity or performance of the Service; or
• use the Service in a way that puts our TikTok Shop partner status at risk.

We may investigate suspected breaches and may suspend access where we reasonably believe there is a risk to the Service, to another customer, to a consumer, or to our platform relationships.

10Intellectual property

Mamba and its licensors own the Service, including all software, models, interfaces, documentation, and the Mamba name, logo and marks. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, and nothing more. All rights not expressly granted are reserved.

You own your own brand assets. Section 5.5 covers the limited license you give us when you use white labeling.

11What the P&L is, and what it is not

11.1 What the profit and loss statement actually is

The Mamba P&L is a management report. It takes settlement and order data from TikTok, applies the costs and assumptions you entered, and presents the result in the shape of an income statement because that shape is useful. The shape is a presentation choice. It does not make the output a financial statement.

Every report, dashboard, Snapshot, export and PDF the Service produces is provided for your own internal management, operating and marketing purposes only. That is the entire purpose for which it is prepared and the only purpose for which it may be used. It is not prepared for, and must not be used for, accounting, bookkeeping, audit, statutory or regulatory reporting, tax filing, lending or financing applications, business valuation, a sale of your business, insurance, or any other purpose in which a third party is entitled to rely on the numbers. Where a Snapshot or export is used as a marketing, pitching or client-reporting document, it is illustrative of performance, not a certified statement of it, and Section 11.7 applies to everyone who receives it.

11.2 What it is not

11.3 The basis it is computed on

Unless you configure otherwise, Mamba recognizes revenue and cost by reference to TikTok settlement and order timing. That is neither strict cash accounting nor strict accrual accounting, and a period in Mamba may not correspond to the same period in your books. Where the Service allocates a shop-level cost across products — by GMV or by units, whichever you selected — that allocation is a method you chose, not a fact about the business. A different method gives different per-product numbers, and neither is more “correct” than the other.

11.4 Why a number can change or be wrong

• TikTok data that is late, incomplete, restated, or delivered differently than documented;
• settlements TikTok adjusts after the fact, which change a period you already reported on — a report you sent last month may not match the same report re-run today;
• missing or out-of-date cost of goods. The Service states COGS coverage plainly on the P&L and on the Products view; a margin computed over partial COGS is not a margin, and the banner telling you so is not decoration;
• costs that exist in your business but were never entered into the Service;
• assumptions you configured — shipping estimates, allocation method, custom cost lines, sample costs, agency retainers; and
• ordinary software defects, which we fix when we find them but cannot promise never to have.

11.5 Estimates and forward-looking figures

Forecasts, days of cover, reorder dates and quantities, stock-out and lost-sales figures, break-even ROAS, liquidation comparisons, alerts and AI-written insights are estimates about an uncertain future. They are produced from assumptions that will not all hold. They will sometimes be wrong, and occasionally badly wrong. Purchasing, pricing, advertising and inventory decisions are yours.

11.6 Your responsibility before you rely on it

You are responsible for checking any figure before you act on it, and in particular before you use it in a tax filing, a statutory account, a financing or lending application, an investor report, a business valuation or sale, or an invoice to a client. Where a Mamba figure and a TikTok settlement disagree, the settlement governs your relationship with TikTok. Where a Mamba figure and your accountant disagree, your accountant governs your books.

11.7 No reliance by anyone other than you

11.8 Agencies

An Agency that sends a Snapshot or a P&L to its client is making its own statement to that client. Section 11.7 applies to it in full: Mamba is not a party to that communication, owes the Agency’s client no duty, and the Agency indemnifies Mamba under Section 14.1 for claims arising from reports it distributes.

12Third-party services

The Service depends on third parties, principally TikTok Shop and TikTok Ads for data, and Stripe for payments. We do not control them.

• If TikTok changes, restricts, delays or withdraws an API, a permission or a data field, features that depend on it may change or stop working. We will tell you when we know.
• If TikTok suspends or terminates our partner status or your shop’s authorization, we cannot continue to provide the affected features.
• Your relationship with TikTok is governed by your agreements with TikTok, not by these Terms.

Interruption caused by a third party is not a breach of these Terms by us, though Section 15.4 may give you a refund of prepaid fees if it lasts.

13Disclaimers and limitation of liability

13.1 Disclaimer

Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Service is provided “as is” and “as available”. Mamba disclaims all other warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that figures it produces will be accurate or complete.

13.2 Cap on liability

To the fullest extent permitted by law, Mamba’s total liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

13.3 Excluded damages

Neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost goodwill, lost data, or the cost of substitute services, even if advised of the possibility. This includes losses arising from a business decision made in reliance on a figure produced by the Service, and losses arising from a third party’s reliance on a report you gave them (Section 11.7).

13.4 What is not capped

Sections 13.2 and 13.3 do not limit: your obligation to pay fees; either party’s indemnity obligations under Section 14; a party’s liability for fraud, willful misconduct or gross negligence; or any liability that cannot be limited by law.

13.5 Allocation of risk

You acknowledge that these limits reflect an agreed allocation of risk and are a basis on which the Service is priced.

14Indemnities

14.1 By you

You will defend and indemnify Mamba against third-party claims, and pay resulting damages and reasonable legal costs, arising from: (a) your Customer Data or your use of the Service in breach of these Terms or of law; (b) actions taken on a Shop through the Service by you or your Authorized Users; (c) for Agencies, a breach of the warranties in Section 5.2 or a dispute with a Seller about your authority; and (d) your white-label representations under Section 5.5.

14.2 By us

We will defend and indemnify you against third-party claims that the Service, used as permitted, infringes a United States patent, copyright or trademark, and pay resulting damages and reasonable legal costs. This does not apply to claims arising from Customer Data, from combination with anything we did not supply, or from use in breach of these Terms. If the Service becomes subject to such a claim we may modify it, obtain a license, or terminate the affected part and refund prepaid unused fees.

14.3 Process

The indemnified party must notify the other promptly, give reasonable cooperation, and let the indemnifying party control the defense. No settlement that admits liability or imposes obligations on the indemnified party may be made without its consent.

15Term, suspension, termination and your data afterwards

15.1 Term

These Terms apply from the moment you first use the Service until your account is closed.

15.2 Suspension

We may suspend access, in whole or in part, if: fees are overdue after notice; we reasonably believe there is a security risk or a breach of Section 9; a Seller and an Agency give conflicting instructions about a Shop; or TikTok requires it. We will restore access once the cause is resolved, and we will use reasonable efforts to give notice first unless doing so would increase the risk.

15.3 Termination

Either party may terminate for convenience effective at the end of the current paid period. Either party may terminate immediately for material breach that is not cured within 15 days of notice. We may terminate on notice if we permanently cease offering the Service or lose the platform access it depends on.

15.4 Effect

On termination your right to use the Service ends. We will refund prepaid, unused fees only where we terminated for convenience or permanently discontinued the Service. No refund is due where you terminated for convenience or we terminated for your breach.

15.5 Getting your data out

For 30 days after termination you may request an export of your Customer Data in a machine-readable format. You can also export at any time while the account is live — CSV and PDF from the interface, and API access on plans that include it. We would rather you leave with your numbers than argue about them.

15.6 Deletion

After the 30-day export window we will delete or de-identify Customer Data within 90 days, except where we must retain it to comply with law or to resolve a dispute. Backups are purged on their ordinary cycle, which may take up to 30 days longer, and remain protected while they exist. Consumer Personal Data is deleted on the schedule in the DPA, which is shorter.

15.7 Survival

Sections 6.4, 6.6, 10, 11, 13, 14, 15.4–15.7, 16 and 17 survive termination.

16Governing law and disputes

16.1 Governing law

These Terms are governed by the laws of the State of the State of Florida, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

16.2 Talk to us first

Before starting formal proceedings, the parties will try in good faith to resolve the dispute for 30 days after written notice describing it. Notice to us goes to legal@mamba.app.

16.3 Venue

Any dispute not resolved under 16.2 will be brought exclusively in the state or federal courts located in Pinellas County, Florida, and each party consents to that jurisdiction and venue. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

16.4 Limitation period

Any claim arising out of these Terms must be brought within one year after it arose, except for claims for non-payment.

17General

17.1 Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days’ notice by email to your account address and by posting the updated Terms with a new effective date. Changes apply from the effective date; continuing to use the Service after it means you accept them. If you do not, cancel before the date and Section 8.4 applies. We keep prior versions available on request.

17.2 Confidentiality

Each party will protect the other’s non-public information disclosed in connection with the Service with at least reasonable care, and use it only to perform under these Terms. This does not apply to information that is public through no fault of the recipient, independently developed, or lawfully received from a third party. Disclosure required by law is permitted with prompt notice where lawful.

17.3 Publicity

We will not use your name or logo as a customer reference without your written consent. You grant us the right to use your business name and logo in customer lists, on our website and in marketing materials, to identify you as a Mamba customer. We will not describe your results or quote you without your permission, and we will stop using your name and logo on written request to legal@mamba.app.

17.4 Assignment

You may not assign these Terms without our written consent, except to a successor of your business that is not a competitor of ours. We may assign to an affiliate or in connection with a merger or sale of substantially all our assets. Any other attempted assignment is void.

17.5 Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, excluding payment obligations.

17.6 Notices

We give notice to your account email. You give notice to legal@mamba.app, and for anything formal also by mail to the address in Section 18. Notice is effective when sent by email and on receipt by mail.

17.7 Entire agreement, severability, waiver

These Terms, the Privacy Policy, the DPA and any Order Form are the entire agreement between us on this subject and supersede prior discussions. Where they conflict, an Order Form signed by both parties controls, then the DPA, then these Terms. If a provision is unenforceable it is modified to the least extent necessary and the rest stands. A failure to enforce is not a waiver.

17.8 Independent parties

Nothing here creates a partnership, joint venture, employment or agency relationship. In particular, Mamba is not the agent of any Agency and is not a party to any Agency–Seller engagement.

17.9 US Government and export

The Service is commercial computer software. You will comply with US export control and sanctions laws and will not permit access from an embargoed country or by a sanctioned party.

18How to reach us

We answer support and billing within one business day in the ordinary course, and privacy and security messages as quickly as we can.