TERMS OF SERVICE
Effective as of 4/16/2024
Introduction
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://www.marpipe.com/, our software platform (collectively, the “Platform” or “Service”), or any related products or services offered by Marpipe, Inc. (“Marpipe”, “Company”, “we”, “us”, or “our”).
The Terms include and incorporate the Marpipe Privacy Policy (“Privacy Policy”), found at https://www.marpipe.com/privacy-policy, and any other terms relating to the Platform to which you and Marpipe have separately agreed in writing (“Additional Agreement(s)”).
These Terms apply to all visitors, users and others (“Customers”, “you”, or “your”) who wish to access or use the Platform.
By using the Platform, you indicate that you accept the Terms and agree to be bound by them. If you do not accept the Terms, you cannot use the Platform unless separately agreed upon in Additional Agreements.
Marpipe reserves the right to update the Terms at any time. Marpipe will post any changes to the Terms on this page but is not obligated to notify existing Customers individually. Changes to the Terms will be effective for existing Customers five (5) days after such changes are posted unless separately agreed upon in Additional Agreements.
Communications
By submitting your email on our website, submitting your email on a lead form connected to a Marpipe page from an advertising platform, or creating an Account on our Platform, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@marpipe.com.
Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Payments & Spend
Prepayment: Marpipe reserves the right, at any time during a Subscription Term, to require prepayment or advance payment from you. If you decline or are unable to provide such payment, Marpipe may suspend or terminate the agreement and provision of services and platform access to you.
No sequential liability: Customer’s payment obligations will not be affected by Customer’s ability (or inability) to collect amounts from their customers, partners, or users. Customer is responsible for making all payments due to Marpipe based on their Subscription Term and Billing Cycle(s). Marpipe reserves the right, but not the obligation, to seek to recover amounts directly from Customer’s customers, partners, or users who access or use the included Product Features & Services.
Ad Spend: All advertising spend is paid for by Customer with the Customer's payment method connected to the ad platform used to test ads.
If applicable, sales tax will be added to the total cost of a Customer’s Subscription and included in any invoices and payments under that Subscription.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a recurring schedule that can be monthly, quarterly, or annual, unless otherwise agreed in Additional Agreements. A Billing Cycle may not always equal the full agreement duration (“Subscription Term”). For example, Customers may sign an agreement for an annual Subscription Term that has a monthly Billing Cycle.
At the end of each Subscription Term, your Subscription will automatically renew under the exact same Subscription Term conditions - excluding a trial or POC period - unless you cancel the renewal or Marpipe, Inc. cancels the renewal. Renewal cancellations are subject to the below rules and restrictions.
- Customers with a Subscription Term longer than 30 days must provide Marpipe with a written non-renewal notice (email support@marpipe.com) at least 30 days prior to the end of the then-current Subscription Term.
- Customers with a Subscription Term shorter than or equal to 30 days can choose to cancel their renewal at any time up until the renewal date.
A Subscription Term may not be terminated early by Customers unless Additional Agreements indicate a right to opt out during a given period of time (an “Opt Out Period”). If Additional Agreements indicate an Opt Out Period, Customers will have the right to terminate the Subscription based on the agreed upon terms of Additional Agreements.
A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Marpipe, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Marpipe, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
All invoices sent to Customer will be due upon receipt and automatically charged to the payment method on file. Should automatic billing fail to occur for any reason, Marpipe, Inc. will issue an electronic invoice indicating that you must proceed manually, with the full payment corresponding to the billing period as indicated on the invoice. Unless otherwise specified, Customer will pay all manually sent electronic invoice fees within 15 days after the date of the invoice. In the event of nonpayment or failure to make payment within 15 days of the date payment is due, the invoice is in default. In the event of default, the entire unpaid balance of the invoice, at the option of Marpipe, shall become immediately due.
In the event any third parties are employed to collect any outstanding monies owed by Customer, Customer agrees to pay interest due per the contract at the rate of 1-½% per month (18% annual percentage rate) from original invoice date, as well as reasonable collection costs, including attorney fees, whether or not litigation has commenced, and all costs of litigation incurred. Customer represents that they have the authority to execute this credit agreement on behalf of their business.
The terms under this section may be governed by rules that are separate from these Terms of Service based on Additional Agreements. If you participate in any Additional Agreements, please review the applicable rules as well as our Privacy Policy. If the rules for Additional Agreements conflict with these Terms of Service, Additional Agreements rules will apply.
Trial
Marpipe, Inc. may, at its sole discretion, offer a Subscription with a trial for a limited period of time (“Trial”).
You may be required to enter your billing information in order to sign up for a Trial.
On the last day of the Trial period, unless you’ve canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Marpipe, Inc. reserves the right to (i) modify Terms of Service of Trial offer, or (ii) cancel such Trial offer.
Fee Changes
Marpipe, Inc., in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Subscription Term unless a new Additional Agreement is signed stating otherwise.
Marpipe, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription renewal before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, all Subscription fees and payments are non-refundable.
Content
Our Service allows you to provide, submit, upload, post, link, store, share, display and otherwise make available (collectively, "Provide") certain information, data, text, graphics, videos, or other material (collectively, your “Content”) on, to, and/or through the Service. You are responsible for Content that you Provide, including its legality, reliability, and appropriateness.
By Providing Content, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that Providing such Content (including without limitation posting it on or through the Service) does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or otherwise violating any rights of any person or entity.
You retain any and all of your rights to any Content you Provide and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by Providing Content in connection with your use of the Service you grant us the right and license during and after the term of these Terms to use, modify, publicly perform, publicly display, reproduce, distribute and make derivative works of such Content to (i) provide the Service and (ii) generate and create anonymous and/or aggregated data and freely use and make available such data for our business purposes (including without limitation, for purposes of developing, improving, testing, operating, providing, promoting and marketing our products and services). You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Marpipe, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content provided by Marpipe or found on or through this Service is the property of Marpipe, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company rating.
Otherwise attempt to interfere with the proper working of Service.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy.
We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Mixpanel
Mixpanel is provided by Mixpanel Inc.
You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/.
For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/.
Retention.com
When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout
No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Intellectual Property
Service and its original content (excluding Content provided by Customers), features and functionality are and will remain the exclusive property of Marpipe, Inc. and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Marpipe, Inc.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@marpipe.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at support@marpipe.com
Error Reporting and Feedback
You may provide us either directly at support@marpipe.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
The third party sites and tools mentioned above include the following:
ProductBoard:
ProductBoard is a platform for product management and collecting feedback on applications provided by ProductBoard, Inc.
Please read their Privacy Policy here: https://www.productboard.com/privacy-policy/2021-10-20/
DataDog:
DataDog is a platform for monitoring and logging stability, usage and errors of applications provided by Datadog, Inc.
Please read their Privacy Policy here: https://www.datadoghq.com/legal/privacy/
Segment:
Segment is a platform for tracking usage and errors of applications provided by Twilio, Inc.
Please read their Privacy Policy here: https://www.twilio.com/legal/privacy
Mixpanel:
Mixpanel is a platform for analyzing usage of applications provided by Mixpanel, Inc.
Please read their Privacy Policy here: https://mixpanel.com/legal/privacy-policy/
Intercom:
Intercom is a platform for in application chat and troubleshooting provided by Intercom, Inc.
Please read their Privacy Policy here: https://www.intercom.com/legal/privacy
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Marpipe, Inc.
Marpipe, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT Marpipe, Inc. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Customer may not terminate or suspend a Subscription before the end of the Subscription Term unless otherwise agreed upon in Additional Agreements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Contact Us
Please send your feedback, comments, requests for technical support:
By email: support@marpipe.com.
