Terms of Service

Effective Date: 10/06/2026

These Terms of Service ("Terms") govern your access to and use of our marketing automation platform and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

1. Account Registration and Responsibilities

To use the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services to send spam, unsolicited communications, or any content that violates applicable anti-spam laws.

• Upload or transmit any material that infringes upon the intellectual property rights or privacy rights of others.

• Introduce viruses, malware, or any other harmful code into the platform.

• Attempt to gain unauthorized access to the Services, other user accounts, or our computer systems.

• Use the Services in any manner that could disable, overburden, or impair the platform.

3. Data Protection and GDPR Compliance

By using the Services, you acknowledge that you act as the data controller for any personal data of your clients or leads that you upload to the platform, and we act as the data processor. You represent and warrant that you have obtained all necessary consents and legal bases under the General Data Protection Regulation (GDPR) to process such data and to transfer it to us for processing. Our processing of personal data is governed by our Privacy Policy and a separate Data Processing Agreement (DPA), which is incorporated herein by reference.

4. Subscription Fees and Payment

Access to certain features of the Services requires payment of subscription fees. All fees are stated in the applicable order form or pricing page and are non-refundable unless otherwise specified. We reserve the right to change our pricing upon reasonable notice. If your payment method fails, we may suspend your access to the Services until payment is successfully processed.

5. Intellectual Property

We retain all right, title, and interest in and to the Services, including all underlying software, algorithms, interfaces, and content provided by us. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business operations. You retain ownership of all data and content you upload to the platform.

6. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, including if you violate these Terms. You may terminate your account at any time by following the instructions on the platform. Upon termination, your right to use the Services will immediately cease, and we may delete your account data in accordance with our data retention policies.

7. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or completely secure.

8. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services. Our total liability for any claims arising under these Terms shall not exceed the amount you paid us for the Services in the twelve (12) months preceding the claim.

9. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of [Insert Jurisdiction], without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in [Insert Location], except that either party may seek injunctive relief in any court of competent jurisdiction to prevent intellectual property infringement.

10. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or through the platform. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

11. Contact Information

If you have any questions about these Terms, please contact us at hello@valentinatocu.com