Terms and Conditions | MAD Monkey Media, LLC | Last Updated July 24th, 2023

TERMS AND CONDITIONS AGREEMENT

This Terms and Conditions Agreement (the “Agreement”) is made and entered into as of Date of Account Creation, (“Effective Date”) by and between MAD Monkey Media, LLC, a limited liability company organized and existing under the laws of the State of Texas, with its principal place of business at 3604 Clubview Drive, Garland, TX 75044 (“Company”), and the subscribing party (“Subscriber” or “You”).

DEFINITIONS

1.1 “Services” shall refer to the subscription-based services provided by the Company, as described in Section 2 of this Agreement.

1.2 “Subscription Fee” shall refer to the amount payable by the Subscriber to the Company for the use of the Services, as set forth in Section 2.2.

1.3 “Term” shall refer to the duration of the subscription, as described in Section 2.3.

SUBSCRIPTION SERVICES

2.1 Description of Services: The Company agrees to provide the Subscriber with access to its digital marketing software platform and related services (the “Services”). The specific features and functionalities of the Services shall be as described on the Company’s website or as otherwise communicated to the Subscriber.

2.2 Subscription Plans and Fees: The Subscriber shall select a subscription plan from the options provided by the Company. The Subscription Fee for the selected plan shall be as set forth on the Company’s website or as otherwise agreed upon between the parties. The Subscriber shall pay the Subscription Fee in the manner specified by the Company.

2.3 Term and Renewal: The initial term of the subscription shall commence on the Effective Date and continue for a period of 12 months. The subscription shall automatically renew for subsequent 1-month periods unless either party provides written notice of non-renewal at least 30 days prior to the end of the then-current term.

2.4 Access and Usage: The Subscriber shall have access to the Services during the Term of this Agreement. The Subscriber agrees to use the Services solely for its internal business purposes and in compliance with all applicable laws and regulations.

2.5 Service Level Agreement (SLA): The Company shall use commercially reasonable efforts to ensure the availability and performance of the Services as described in the Service Level Agreement, if applicable.

2.6 Support and Maintenance: The Company shall provide reasonable technical support and maintenance for the Services during the Term of this Agreement. The specific support terms and response times shall be as outlined in the Company’s support policies.

2.7 Service Modifications or Enhancements: The Company reserves the right to modify, enhance, or discontinue any part of the Services, provided that such modifications or discontinuation do not materially adversely affect the Subscriber’s use of the Services during the Term.

PAYMENT TERMS

3.1 Subscription Fee: The Subscriber shall pay the Subscription Fee to the Company in accordance with the selected subscription plan and payment schedule. The Subscription Fee is exclusive of any applicable taxes, which shall be the responsibility of the Subscriber.

3.2 Payment Method: The Subscriber shall provide valid payment details to the Company and authorize recurring payments for the Subscription Fee. The Subscriber acknowledges and agrees that the Company may use a third-party payment processor to facilitate payment transactions.

3.3 Late Payments: In the event of a late payment, the Company may suspend the Subscriber’s access to the Services until the outstanding payment is received. The Company reserves the right to charge interest on late payments at the maximum rate permitted by law.

INTELLECTUAL PROPERTY

4.1 Ownership: The Subscriber acknowledges and agrees that the Company owns all rights, title, and interest in and to the Services, including all intellectual property rights associated with the Services. The Subscriber shall not acquire any ownership rights in the Services or any related intellectual property.

4.2 License Grant: The Company grants the Subscriber a non-exclusive, non-transferable license to use the Services solely for the Subscriber’s internal business purposes during the Term of this Agreement. This license is subject to the Subscriber’s compliance with the terms and conditions of this Agreement.

4.3 Prohibited Use: The Subscriber shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Services. The Subscriber shall not use the Services for any illegal, unauthorized, or infringing purposes.

CONFIDENTIALITY

5.1 Confidential Information: During the course of the subscription, the Subscriber may have access to confidential information of the Company. The Subscriber agrees to maintain the confidentiality of such information and not disclose it to any third party without the prior written consent of the Company.

5.2 Non-Disclosure Obligations: The Subscriber’s obligations of confidentiality shall survive the termination of this Agreement and continue for a period of 1 year from the date of termination.

DATA PROTECTION AND PRIVACY

6.1 Data Collection and Processing: The Subscriber acknowledges and agrees that the Company may collect and process personal data in connection with the provision of the Services. The Company shall comply with all applicable data protection laws and regulations.

6.2 Data Security Measures: The Company shall implement reasonable security measures to protect the Subscriber’s data from unauthorized access, use, or disclosure.

6.3 Data Retention and Deletion: The Company shall retain the Subscriber’s data in accordance with its data retention policies. Upon termination of the subscription, the Company shall delete or anonymize the Subscriber’s data, subject to any legal obligations to retain certain data.

6.4 Compliance with Privacy Laws: The Subscriber shall comply with all applicable privacy laws and regulations in connection with its use of the Services, including obtaining any necessary consents from individuals whose personal data is processed through the Services.

LIMITATION OF LIABILITY

7.1 Exclusion of Consequential Damages: In no event shall either party be liable to the other for any indirect, incidental, special, or consequential damages, including lost profits or business interruption, arising out of or in connection with this Agreement, even if advised of the possibility of such damages.

7.2 Limitation of Liability: The total liability of the Company to the Subscriber for any claim arising out of or in connection with this Agreement shall not exceed the total amount paid by the Subscriber to the Company during the [X]-month period preceding the event giving rise to the claim.

TERMINATION

8.1 Termination for Convenience: Either party may terminate this Agreement for convenience upon 30 days written notice to the other party.

8.2 Termination for Cause: Either party may terminate this Agreement for cause if the other party commits a material breach of its obligations under this Agreement and fails to remedy such breach within 30 days of written notice.

8.3 Suspension of Services: The Company may suspend the Subscriber’s access to the Services in the event of non-payment or violation of the terms of this Agreement.

GOVERNING LAW AND DISPUTE RESOLUTION

9.1 Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

9.2 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations. If negotiations fail to resolve the dispute within 90 days, either party may initiate mediation. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorneys’ fees and costs.

GENERAL PROVISIONS

10.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements, understandings, or representations.

10.2 Amendments and Modifications: Any amendment or modification of this Agreement must be in writing and signed by both parties.

10.3 Assignment: The Subscriber shall not assign or transfer its rights or obligations under this Agreement without the prior written consent of the Company.

10.4 Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.5 Waiver: The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or the right to enforce it.

10.6 Force Majeure:

10.6 Notices: All notices and communications under this Agreement shall be in writing and delivered personally, sent by registered mail, or transmitted by email to the addresses specified below:

10.6 Relationship of Parties:

10.6 Survival:

Company:

MAD Monkey Media, LLC

3604 Clubview Drive

Garland, TX 75044

Subscriber:

[Subscriber Name]

[Subscriber Address]

[Subscriber Email]

IN WITNESS WHEREOF, the parties have executed this Subscription Agreement as of the Effective Date.

MAD Monkey Media, LLC Subscriber

[Company Name] [Subscriber Name]

[Authorized Signature] [Authorized Signature]

[Printed Name and Title] [Printed Name and Title]

Date: ________________________ Date: ________________________

Overview

Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers, or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

• Gift cards
• Downloadable software products
• Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted:

• Book with obvious signs of use
• CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
• Any item not in its original condition is damaged or missing parts for reasons not due to our error.
• Any item that is returned more than 30 days after delivery

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next, contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at support@madmonkey.media.

Sale items

Only regular-priced items may be refunded. Sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at support@madmonkey.media and send your item to: MAD Monkey Media, LLC 3604 Clubview Dr. Garland, TX 75044.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

Shipping Returns

To return your product, you should mail your product to: MAD Monkey Media, LLC 3604 Clubview Dr. Garland, TX 75044.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Need help?

Contact us at support@madmonkey.media for questions related to refunds and returns.