Last Updated: August 22, 2024
These Terms of Service, including our Privacy Policy, which is incorporated herein by reference (together, this “Agreement”), is a legally binding contract between you and MidFunnel (a business entity of ARISTOTLE HQ INC) (“MidFunnel,” “us,” “we,” or “our”) regarding your use of the Service. References to “Customer,” “you,” and “your” refer to the individual accepting this Agreement, placing an Order, creating an Account, or otherwise using the Service. If the Service is being used on behalf of a company, organization, or other entity by an individual authorized to accept this Agreement on its behalf, then all references to “Customer,” “you,” or “your” refer to such entity and its Affiliates. If you are a company, organization, or other entity, the individual accepting this Agreement on your behalf represents and warrants that they have the authority to bind you to this Agreement.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, EXECUTING OR OTHERWISE ENTERING INTO AN ORDER THAT REFERENCES THIS AGREEMENT, USING (OR MAKING ANY PAYMENT FOR) THE SERVICE, OR OTHERWISE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT (THE DATE UPON WHICH YOU ACCEPT THIS AGREEMENT IS REFERRED TO AS THE “EFFECTIVE DATE”), YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND OUR PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY US AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS FROM OR ON BEHALF OF US AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS MAY INCLUDE OPERATIONAL MESSAGES ABOUT YOUR USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT THESE TEXTS MAY BE CONSIDERED TELEMARKETING UNDER LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
The Service provides features and functionality relating to digital marketing and sales activities.
Subject to the terms and conditions of this Agreement, the Documentation, and the applicable Order (including any Scope Limitations), MidFunnel will use commercially reasonable efforts to make the Service available, during the Subscription Term, to Customer and its Users solely for Customer’s internal business purposes. MidFunnel will not be liable to you for any unavailability of the Service due to scheduled downtime, emergency maintenance, and any unavailability caused by circumstances beyond MidFunnel’s reasonable control, including Force Majeure Events.
Only Users may access or use the Service and each User must register an Account. By agreeing to this Agreement, you represent and warrant to us that: (a) you have not previously been suspended or removed from the Service; and (b) your registration and your use of the Service is in compliance with Laws. When registering for an Account, Customer and its Users will be required to provide MidFunnel with certain registration information (including, the Customer’s full corporate name, email address, other contact information, and certain social media credentials). Customer acknowledges and agrees, on behalf of itself and its Users, that the information provided to MidFunnel is accurate, complete, and not misleading, and that Customer will keep, and will require that its Users keep, such information accurate and up to date at all times. Each Account is personal to that User and may not be transferred, sold, or otherwise assigned to or shared with any other third party. Each User must keep its login credentials for its Account confidential and not share them with anyone else. Customer is responsible and liable for its Users’ compliance with this Agreement and any acts or omissions associated with their Accounts. Customer will immediately notify MidFunnel at [email protected] if it becomes aware of, or has a reasonable basis to believe that, any of its Users’ login credentials or their Accounts have been compromised or are no longer secure. MidFunnel collects and uses Account information as described in its Privacy Policy, but the Privacy Policy does not apply to Customer Data.
Customer and its Users will not (and will not permit anyone else to) do any of the following: (a) distribute, rent, lease, sell, sublicense, or otherwise permit third parties to access or use the Service; (b) use the Service on behalf of, or to provide any product or service to, third parties (e.g., as a service bureau); (c) use the Service to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or seek to access the source code of the Service or other MidFunnel Technology used to provide the Service (except to the extent expressly permitted by Law, in which case Customer must provide MidFunnel with at least seven (7) days’ prior written notice before exercising its right under Law); (e) modify or create derivative works of the Service or copy any element of the Service (other than making a reasonable number of copies of the Documentation, without modification, to use the Service in accordance with this Agreement); (f) remove, alter, or obscure any proprietary notices from the Service; (g) perform or conduct any benchmarking or similar activities (including publishing benchmarks or performance information about the Service); (h) circumvent, disable, or otherwise interfere with the Service’s operation, security, or other technical features or measures of the Service or of the MidFunnel Technology (including any access or usage restrictions); (i) conduct any security or vulnerability testing of the Service; or (j) transmit or upload any viruses, Trojan Horses, backdoors, malware, or any other forms of harmful or malicious materials to or through the Service.
Customer acknowledges and agrees that: (a) it will not use the Service with Prohibited Data or for High-Risk Activities; and (b) the Service is not intended to meet any obligations under Law with respect to any such use (including HIPAA requirements). In no event will MidFunnel have any liability to Customer or to any third party for Prohibited Data or use of the Service in connection with High-Risk Activities. Customer will use, and will require each of its Users to use, its best efforts to prevent any unauthorized access to or use of the Service and will immediately notify MidFunnel at [email protected] if it becomes aware of, or has a reasonable basis to believe that, any unauthorized access to or use of the Service has occurred. If there is any unauthorized access or use by any third party who obtained access to the Service directly or indirectly through Customer or its Users (including through their Accounts), Customer will take, and will cause its Users to take, all steps necessary to terminate the unauthorized access or use by such third party. Customer and its Users will provide all cooperation and assistance requested by MidFunnel to prevent or terminate unauthorized access to or use of the Service.
MidFunnel reserves the right to modify or discontinue all or any part of Service at any time (including by limiting or discontinuing certain features or functionality of the Service), temporarily or permanently, without notifying Customer (except that MidFunnel will provide Customer with thirty (30) days’ prior notice in the event of any deprecation of any material feature or functionality of the Service). MidFunnel will have no liability for any change or modification to the Service or any suspension or termination of access to or use of the Service as a result thereof. Notwithstanding the foregoing, any such change or modification will apply on a going-forward basis with respect to any Order entered into or renewed after MidFunnel’s implementation thereof.
Please contact MidFunnel at [email protected] if you experience any issue with respect to the Service. MidFunnel is under no obligation to respond to or to resolve all or any issue reported to us or to provide any updates, upgrades, or other technical or maintenance support to Customer or any of its Users with respect to the Service.