MoneyMade Growth Stack User Agreement
This User Agreement ("Agreement") governs the relationship between you ("User" or "Brand") and MoneyMade Inc. ("MoneyMade", "we", "us", or "our") and your use of the MoneyMade Growth Stack ("Growth Stack" or "Services").
By creating an account with MoneyMade and using our Services, you agree to be bound by this Agreement, our [Privacy Policy] (https://growth.moneymade.io/privacy-policy), and any other terms and conditions provided here.
1. Description of Service
The Growth Stack is a Service that automatically creates ads for Brand's blog articles or content published on their product website. It uses artificial intelligence to create ad copy relevant to the article it is being inserted into. The ad content is generated based on information provided by the User and the topic of the article.
2. Payments, Refunds, and Termination
Brands are subjected to a monthly subscription fee for the Service, representative of a flat rate according to the executed Plan selected by the User. Subscription payments are due at the beginning of each 30-day billing cycle.
Users may decide to cancel their subscription at their discretion. However, access to the Service will remain available until the end of the current 30-day cycle already paid for. The Company does not provide any refunds upon cancellation.
In addition to the flat rate monthly subscription fee, Brands will incur an extra charge of $0.10 for every incremental 1000 page views above the page view threshold included within their subscribed Plan. This additional fee will become applicable in each subsequent 30-day billing period after the brand surpasses the aforementioned threshold.
Should the Brand's page views reach into the next Plan's tier within a single 30-day period, the Brand will automatically be migrated to the corresponding Plan. Moreover, the Brand will be notified when their page views are within 10% of the threshold of moving into the next Plan tier, as well as upon actual upgrade to the new tier.
Every monthly renewal gives the Brand a reset of the page views included in their current Plan. Brands are hereby advised to keep track of their page views to maintain control over their possible upgrade and additional charges.
As such, adherence to these terms is crucial to your continued use of our Service. By subscribing to our Service, you agree to these payment, refund, and termination terms.
3. Liability and Disclaimer of Warranties
By using our Service, you acknowledge that MoneyMade provides a technology solution that generates and inserts contextual brand and product calls-to-action into article content leveraging the latest in AI technology. MoneyMade makes its best efforts, utilizing advanced technology and aligning messaging with your brand and product, to achieve high-quality, relevant output. Due to the inherent nature of AI the specific output cannot always be guaranteed. Users therefore accept that MoneyMade will not be held responsible or liable for any ad copy generated by the Growth Stack.
TO THE FULLEST EXTENT PROVIDED BY LAW, MONEYMADE 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.
4. Ownership of AI-Generated Content
Notwithstanding any provision to the contrary, MoneyMade acknowledges and agrees that any and all AI-generated content created or developed through the use of the Growth Stack by a paying customer ("Generated Content") shall be the exclusive property of the respective paying customer.
Upon generation of the Generated Content by the Growth Stack, MoneyMade hereby assigns, transfers, and conveys to the paying customer, all right, title, and interest in and to the Generated Content, inclusive of all intellectual property rights therein.
The paying customer shall have the unrestricted right to use, reproduce, modify, distribute, make, have made, sell, offer for sale, or otherwise exploit the Generated Content without obligation or liability to MoneyMade. This provision shall not apply to any Generated Content created or developed during any period in which the user is not a paying customer of MoneyMade. All rights to any Generated Content created during such periods shall remain the exclusive property of MoneyMade.
Notwithstanding the foregoing, nothing in this Agreement shall limit MoneyMade's ability to use or exploit any aggregated, anonymized, de-identified, or otherwise non-individually identifiable information that may be derived from User’s use of the Growth Stack.
5. Indemnification
You agree to indemnify, defend, and hold harmless MoneyMade, its affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the MoneyMade Growth Stack.
6. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MONEYMADE, ITS AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE GROWTH STACK, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
7. Governing Law and Jurisdiction
All matters relating to the Growth Stack and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Agreement, or the Services will be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8. Arbitration
At MoneyMade's sole discretion, it may require you to submit any disputes arising from this Agreement or the use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
9. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GROWTH STACK MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, AND YOU WILL NOT BE ABLE TO PURSUE ANY REMEDIES FOR SUCH BARRED CLAIM OR CAUSE OF ACTION.
10. Waiver and Severability
No waiver by MoneyMade of any term or condition set out in this Agreement will 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 MoneyMade to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
11. Entire Agreement
This Agreement, our [Privacy Policy] (https://growth.moneymade.io/privacy-policy), and any other terms and conditions provided here constitute the sole and entire agreement between you and MoneyMade Inc. regarding the Growth Stack and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Growth Stack.
By using our Services, you confirm that you have read, understood, and agreed to be bound by this Agreement as well as any applicable laws and regulations. If you do not agree to this Agreement, do not access or use the MoneyMade Growth Stack.
We reserve the right, at our sole discretion, to change, modify, or update this Agreement at any time. We will notify you of any significant changes by posting the updated Agreement on our website. By continuing to use our Services after we post any such modifications, you consent to the terms of the modified Agreement. Please review this Agreement periodically to keep yourself informed of any changes.
