Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Arcanus 55 Inc, d/b/a Mach Five Marketing, a Mach Five Group brand (“Mach Five Magnet”, “we”, “us”, or “our”), governing your access to and use of the Mach Five Magnet service, including our website, dashboard, embeddable magnets, and related software and APIs (together, the “Service”).

By creating an account, checking the box to accept these Terms, or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. If you do not agree, do not use the Service.

1. Definitions

• Customer means the person or organization that registers for an account.
• Magnet means an embeddable conversational lead capture experience configured through the Service.
• Visitor means an end user who interacts with a Magnet on a Customer’s website.
• Lead Data means the information a Visitor submits through a Magnet and the related session information collected by the Magnet.
• Customer Content means the magnets, flows, settings, text, and other materials a Customer creates or uploads.

2. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate registration information and to keep it current. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at [security@machfivemagnet.com] if you suspect unauthorized use. Workspaces may include multiple users with different roles; the account owner is responsible for the users it invites and their activity.

3. The Service

The Service lets you build Magnets, design conversation flows, deploy them on your own websites through a provided embed snippet, and view the resulting leads and analytics. We may add, change, or remove features over time. Some capabilities may be offered as previews or labeled as on the roadmap; those may change or be discontinued, and are provided without any commitment.

4. Plans, fees, and payment

The Service may be offered under free and paid plans. If you subscribe to a paid plan, you agree to the pricing and billing terms presented at the time of purchase. [Complete this section with your billing terms once payment processing is live: billing cycle, renewal, taxes, price changes, and refund policy.] Unless required by law or stated otherwise, fees are non-refundable. We may change plan pricing on a prospective basis with notice as required by law.

5. Acceptable use

You agree not to, and not to permit others to:

• Use the Service in violation of any applicable law or regulation, including data protection, privacy, and anti-spam laws such as the CAN-SPAM Act, CASL, and the GDPR.
• Collect Lead Data without a lawful basis or, where required, without the Visitor’s consent, or fail to provide Visitors with a required privacy notice.
• Use Magnets to collect sensitive or special category data (such as health, financial account, government identifier, biometric, or precise geolocation data) or data from children, unless expressly permitted and lawfully handled.
• Send unsolicited or unlawful communications, or use the Service to harass, defraud, or deceive.
• Upload malware, attempt to breach security, probe or scan the Service, or interfere with its operation or other users.
• Reverse engineer, scrape, or resell the Service except as expressly permitted, or exceed rate or usage limits.
• Deploy Magnets on domains you do not control or have not been authorized to use.

We may investigate suspected violations and suspend or terminate access for conduct we reasonably believe violates these Terms or harms the Service, other users, or third parties.

6. Customer Content and Lead Data

As between you and us, you own your Customer Content and your Lead Data. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Content and Lead Data solely to provide, secure, and improve the Service and as permitted by our Privacy Policy.

You are the controller of the Lead Data you collect. You are solely responsible for the lawfulness of your data collection, for publishing your own privacy notice to Visitors, for obtaining any required consent, and for responding to Visitor requests regarding their data. Our processing of Lead Data on your behalf is described in our Privacy Policy and, where applicable, a data processing addendum. [If you offer a Data Processing Addendum to customers, reference or link it here.]

7. Customer responsibilities

You are responsible for configuring and placing Magnets appropriately, for allow-listing only the domains you control, for the content of your conversation flows, and for complying with all laws applicable to your use of the Service and your relationship with your Visitors. You are responsible for maintaining any consents and notices your jurisdiction requires.

8. Intellectual property

The Service, including its software, design, brand, and content we provide (but excluding Customer Content and Lead Data), is owned by us and our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All example companies, brands, and demonstration content we publish are fictional and belong to us. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

9. Third party services

The Service may interoperate with third party services, such as advertising platforms or, on our roadmap, customer relationship management tools. Your use of those services is governed by their terms, and we are not responsible for them. You are responsible for any credentials or data you connect.

10. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error free, that defects will be corrected, or that the Service will produce any particular number of leads or business results. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

11. Limitation of liability

To the maximum extent permitted by law, we and our affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service, even if advised of the possibility. Our total liability for any claim arising out of or related to the Service is limited to the greater of the amount you paid us for the Service in the twelve months before the event giving rise to the claim, or [one hundred US dollars (USD 100)]. [Confirm this cap and the currency with counsel.]

12. Indemnification

You will defend, indemnify, and hold harmless Mach Five Magnet and its affiliates, officers, and employees from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your Customer Content, your Lead Data, your Magnets, your use of the Service, or your violation of these Terms or any law or third party right, including any claim by a Visitor concerning the collection or handling of their data.

13. Term, suspension, and termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Service or others. On termination, your right to use the Service ends. We will make your data available for a reasonable period where practicable, after which we may delete it, subject to backups and legal requirements. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnification, and governing law.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date above and provide notice as appropriate, which may include asking you to accept the updated Terms. Your continued use of the Service after an update means you accept the revised Terms.

15. Governing law and disputes

These Terms are governed by the laws of [JURISDICTION, e.g. the State of X, United States], without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the courts located in [VENUE] for any dispute not subject to arbitration. [If you intend to require arbitration or a class action waiver, add those provisions here after review by counsel, as they carry specific legal requirements.]

16. General

These Terms, together with our Privacy Policy and any terms presented at purchase, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control.

17. Contact

Questions about these Terms can be sent to:

Arcanus 55 Inc [REGISTERED ADDRESS] [legal@machfivemagnet.com]