Terms of Service
Last Updated 4 April, 2018
We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions at firstname.lastname@example.org
1. Your Account
Make sure your account information is accurate, and you keep your account safe. You’re responsible for your account and any activity on it. Also, you need to be at least 13 years old to use Marketing Mate.
1.1. Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.
1.2. Your License. You understand the conditions of your License.
1.2.1 A paid subscription to the Services grants you a License to either 1, 3 or 20 user accounts depending on your plan (Basic, Professional, or Corporate/Education, respectively). Your License allows you, or your employees, to use the Services on behalf of and relating to your business or organization only, or the business or organization you have received permission to purchase the License on behalf of. You agree not to use your account to allow any other third party to benefit from the Services (for example by creating a Marketing Plan for a different business). Marketing Mate reserves the right to terminate your account if you are found doing so. Marketing Mate also reserves the right to limit the number of Marketing Plans you can produce if we deem the number already produced within a time frame to be inappropriately high.
1.2.2. A non-paid subscription grants 1 user a License to a 14 day Free Trial. You will not be able to access all features and other Services and information will only become available once you upgrade to a paid subscription Plan.
1.3 The Marketing Plan Wizard. In relation to your use of the Marketing Plan Wizard (“the Wizard”), you understand the following:
1.3.1. The Wizard requires input from you that is specific to your business and/or offerings, or those you are creating the plan for, in order to generate a useful Marketing Plan.
1.3.2. It is the organization or business owner’s responsibility to implement the actions and activities decided on and displayed in the final Marketing Plan, and Marketing Mate is not responsible for any business outcomes or lack of, following implementation.
1.3.3. Although the Wizard is accessible on mobile devices, it is best experienced on a computer, laptop or large portable device such as a tablet. You are responsible for ensuring your browser is current.
1.3.4. The guidance provided to assist in the effective completion of the Wizard may not cover all possibilities and you may be required to conduct your own further research to decide on the most appropriate components to include for the relevant business and/or offerings.
1.3.5. The time required to complete the Wizard will differ from user to user and depends on a range of factors relating to the business and/or offerings, therefore cannot be estimated by Marketing Mate.
1.3.6. The final Marketing Plan that is generated is in Portable Document Format (PDF) and can be saved, printed and emailed.
1.3.7. The Wizard is not a tool to complete complex business planning and you understand the need to develop a business plan separate from but complimentary to your Marketing Plans generated by using the Wizard.
1.4. Staying Safe. Please safeguard your Account and make sure others don't have access to your Account or password, other than those you have authorised to use your account on your behalf. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You're solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.
1.5. Thirteen And Older. The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you're at least 13. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live - please refer to your local laws).
2. Your Content
When you upload content to Marketing Mate, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your Marketing Plan at your direction.
2.1. Your User Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, code and any other materials (“User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
2.2. Your License To Us. When you provide User Content via the Services, you grant Marketing Mate a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
2.3. If you have not logged in to your account for a period of 12 months, your account will be placed on hold, and a fee may be required to access your information. Marketing Mate can not guarantee access to data for accounts left dormant for longer than 24 months.
3. Your Responsibilities
You are responsible for the content you publish on Marketing Mate, and you vouch to us that it’s all okay to use. We also ask that you follow our rules, and don’t do anything illegal on here.
3.1. Only Use Content You’re Allowed To Use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others' intellectual property or other rights, so please don't copy, upload, download or share content unless you have the right to do so.
3.2. Follow The Law. You represent that your use of the Services is not contrary to law.
3.3. Your Marketing Plans and Activities. Marketing Plans, Chosen Marketing Activities, And Their Outcomes Are Your Responsibility. You may use the Services to create Marketing Plans and other plans (“Your Plans”), and Your Plans may be used by yourself and other users (“Other Users”) to undertake activities (“Marketing Activities”). You understand and agree that Your Plans, your Other Users and your Marketing Activities are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Plans, your Other Users and your Marketing Activities. We’re not liable for, and won’t provide you with any legal advice regarding, Your Plans or your Other Users.
3.4. As a condition of your use of the Services, you warrant to Marketing Mate that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
4. Third Party Services And Sites And User Content
If you use another service highlighted on Marketing Mate, or follow a link to another site, or work with someone you find on Marketing Mate, what happens is between you and them. We’re not responsible for it. There’s also a lot of content on Marketing Mate uploaded by our users (like you). We’re not responsible for that either.
4.1. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.
4.2. User Content. We haven’t reviewed and can’t review all of the User Content made available via the Services. We’re not a publisher of, and we’re not liable for, any User Content uploaded, published or otherwise made available via the Services. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.
5. Our Intellectual Property
Marketing Mate is protected by various intellectual property laws. This section summarizes what we own and how we share.
5.1. Marketing Mate Owns Marketing Mate. The Services are protected by copyright, trademark and other NZ and foreign laws. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
5.3. Our Demo Content Is For Private Use Only. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).
6. Our Rights
To operate effectively and protect the security and integrity of Marketing Mate, we need to maintain control over what happens on our services.
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Plans; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
6.2. How We Handle Ownership Disputes. Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.
We comply with copyright law. We respect the intellectual property of others and ask that you do too.
9. Paid Services And Fees
Marketing Mate services are paid services. This section explains how we handle payments for those services. For paid services, such as subscriptions to plans, we’ll automatically bill you in regular intervals at the expiry of your current plan (such as monthly or annually) unless you request the auto-renewal is disabled or cancel your subscription.
9.1. Fees. Prices are in US dollars. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services or by contacting email@example.com. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Our fees will appear on an invoice that we provide via the Services.
9.2. Taxes. All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so.
9.3. Automatic Subscription Renewals. To ensure uninterrupted service to Basic, Professional and Corporate/Education plans, we'll automatically bill you for Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on an annual subscription plan, each billable renewal period will be for one 12 months. We’ll automatically charge you the applicable amount using the payment method you have on file with us, that is via PayPal. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time through your PayPal account or by contacting firstname.lastname@example.org
9.4. Refunds. Marketing Mate offers a 100% 30-day money back guarantee. To request a refund you must contact us at email@example.com requesting the refund and your reason. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. Any refunds will be issued through PayPal and at any currency conversion rates applying at the time of refund.
9.5. Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact firstname.lastname@example.org. We reserve our right to dispute any Chargeback.
10. Term And Termination
Either of us can end this agreement at any time.
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact email@example.com or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.
11. Warranty Disclaimers
We work hard to make Marketing Mate great, but the Services are provided as is, without warranties.
11.1. To the fullest extent permitted by law, Marketing Mate makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Marketing Mate also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Marketing Mate shall create any warranty. Marketing Mate makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
11.2. Marketing Mate will use its reasonable endeavours to ensure the availability of the Services, subject to any downtime required for maintenance. However, Marketing Mate takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Services being unavailable. Further, Marketing Mate assumes no responsibility for the corruption of any data or information held by Marketing Mate.
12. Limitation Of Liability
If something bad happens as a result of your using Marketing Mate, our liability is capped.
To the fullest extent permitted by law, in no event will Marketing Mate be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Marketing Mate has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Marketing Mate for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Marketing Mate in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
If you do something that gets us sued, you’ll cover us.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Marketing Mate from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content and Your Plans; and (c) your violation of any law or regulation or the rights of any third party.
14. Dispute Resolution
Before filing a claim against Marketing Mate, you agree to try to work it out informally with us first. All formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Claims can only be brought individually, and not as part of a class action.
14.1. Informal Resolution. Before filing a claim against Marketing Mate, you agree to try to resolve the dispute by first emailing firstname.lastname@example.org with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or Marketing Mate may then bring a formal proceeding.
14.2. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
15. Additional Terms
This Agreement is the whole agreement between us regarding your use of Marketing Mate. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls.
15.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Marketing Mate regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
15.3. Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
15.4. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.
15.5. Translation. This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.