How To Marketing Pro - Terms of Service
Last Updated: August 1, 2023
1. Acceptance of Terms
By using the How To Marketing Pro software ("the Software") provided by [Your Company Name] ("the Company"), you agree to comply with and be bound by the following Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Software.
2. License and Usage
2.1. License Grant: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Software for your personal or business use.
2.2. Restrictions: You may not:
a. Modify, reverse engineer, decompile, disassemble, or create derivative works of the Software.
b. Use the Software for any illegal or unauthorized purpose.
c. Attempt to gain unauthorized access to any part of the Software.
d. Use the Software to violate the rights of any third party.
e. Distribute, sublicense, rent, lease, or lend the Software to others.
3. Privacy Policy
Your use of the Software is also governed by our Privacy Policy, which can be found at Privacy Policy. By using the Software, you consent to the collection and use of your data in accordance with the Privacy Policy.
4. Payment and Subscription
If the Software is provided on a subscription basis, you agree to pay all fees and charges associated with your subscription in accordance with the pricing terms provided on our website or in a separate agreement. Payment processing is handled by third-party payment processors, and the Company does not store or access your payment information.
5. Termination
The Company reserves the right to terminate or suspend your access to the Software at its sole discretion, with or without notice, for any reason, including but not limited to a breach of these Terms or violation of applicable laws.
6. Intellectual Property
6.1. Ownership: The Software, including all intellectual property rights, is and shall remain the property of the Company. You do not acquire any rights, express or implied, in the Software, other than those expressly granted in these Terms.
6.2. User Content: Any content you submit or upload to the Software remains your intellectual property, but you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with the Software.
7. Warranty and Disclaimer
The Software is provided "as is" without warranties of any kind, whether express or implied. The Company makes no representations or warranties regarding the reliability, accuracy, or availability of the Software. You use the Software at your own risk.
8. Limitation of Liability
To the fullest extent permitted by applicable law, the Company 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, arising out of your use of the Software.
9. Indemnification
You agree to indemnify and hold the Company, its officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Software or any violation of these Terms.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Massachusetts, without regard to its conflict of law principles.
11. Changes to Terms
The Company reserves the right to modify or revise these Terms at any time. Updated Terms will be posted on the Company's website, and your continued use of the Software constitutes your acceptance of such changes.
12. Contact Information
For any questions or concerns about these Terms, please contact us at [email protected].
By using the How To Marketing Pro software, you acknowledge that you have read, understood, and agree to these Terms of Service.
13. 30 Day Money Back Guarantee
13.1. Refund Eligibility: The Company offers a 30-day money back guarantee for the How To Marketing Pro software subscription, subject to the following conditions:
13.2. Notice Requirement: To be eligible for a refund, you must provide written notice to the Company at least 30 days prior to the end of your subscription period. Failure to provide adequate notice will result in the automatic renewal of your subscription for the subsequent period and you will not be refunded.
13.3. Non-Pro-Rated Refund: Refunds will not be pro-rated for any unused portion of your subscription period.
13.4. Refund Process: To request a refund, please contact our customer support team at [[email protected]]. Refunds will be processed within 2 working days after the request is approved if the terms are followed.
13.5. Exceptions: The refund policy does not apply to any setup fees, consulting services, or coaching, sms useage, trackable number application fees, as these services are not included in the 30-day money back guarantee. All sales of setup fees, consulting services, or coaching are final.
By using the How To Marketing Pro software, you acknowledge and agree to abide by the 30-day money back guarantee outlined in these Terms of Service.
14. Marketing Results Policy
14.1. Results Participation: The How To Marketing Pro software is designed to assist businesses in optimizing their marketing strategies. Achieving exceptional results depends on various factors, including the active participation and efforts of the business using the software. Ann Marie Walts Marketing and How To Marketing Pro ("the Company") provide tools and guidance, but success ultimately relies on the client's actions.
14.2. Results May Vary: It's important to recognize that
marketing outcomes can vary significantly from one business to another. Factors such as market conditions, industry, competition, and the quality of implementation can all influence results. Therefore, the Company cannot guarantee specific outcomes or income levels.
14.3. No Responsibility for Specific Outcomes: Ann Marie Walts Marketing & How To Marketing Pro will not be held responsible if your company does not achieve a specific income level, including but not limited to achieving 10 times your potential income. The Company's role is to provide tools and guidance, but the success of your marketing efforts is your responsibility.
14.4. Consultation and Support: The Company may offer consultation and support services to assist clients in optimizing their marketing strategies. However, the effectiveness of these services depends on the client's active engagement and willingness to implement recommended strategies.
14.5. Regular Monitoring: To maximize results, it is recommended that clients regularly monitor and adjust their marketing strategies based on performance data and market conditions.
By using the How To Marketing Pro software, you acknowledge and agree that marketing results may vary and are contingent upon your active participation and efforts. The Company will not be held responsible for specific income levels or outcomes, including the achievement of 10 times your potential income.
15. Pricing Policy
15.1. Monthly Packages: How To Marketing Pro offers a range of monthly packages with varying tiers of features and services. The price range for these packages may be from $297 to $1197 per month, depending on the specific package and level of access you choose. The exact pricing for each package will be provided on our website or through other promotional materials. These packages provide access to the marketing systems but do not include any additional marketing coaching fees.
15.2. Additional Charges: In addition to the monthly package fees, there may be additional charges based on your usage of specific features, such as SMS, email campaigns, and phone calls. These charges will be clearly outlined and billed separately based on your usage.
15.3. Customized Pricing: How To Marketing Pro understands that the needs of each business may differ. Therefore, we offer consultative assessments to tailor our solutions to your specific requirements. Pricing for customized solutions will be determined based on the scope and complexity of your business needs.
15.4. Payment Terms: All fees and charges are due as per the agreed-upon billing cycle. Failure to pay on time may result in the suspension or termination of your access to the Software.
15.5. Taxes: You are responsible for any applicable taxes, including sales tax or value-added tax, associated with your use of the Software and services. Taxes will be added to your invoice as required by law.
15.6. Billing Inquiries: If you have any questions or concerns regarding your billing, please contact our customer support team at [email protected].
By using the How To Marketing Pro software, you acknowledge and agree to the pricing policy outlined in these Terms of Service, including the potential price range of $297 to $1197 per month for the monthly packages, which provide access to the marketing systems but do not include any additional marketing coaching fees.
16. Suspension Policy
16.1. Credit Card Failure: In the event that your credit card payment fails for any reason, your How To Marketing Pro account will be automatically frozen, and access to the software and services will be temporarily restricted.
16.2. Payment Update Required: To restore access to your account, you will need to provide a new, valid form of payment. You can update your payment information through your account settings on our website or by contacting our customer support team at [email protected].
16.3. Account Status During Suspension: While your account is suspended due to payment failure, you may not be able to access the software, its features, or any associated services. This includes but is not limited to the use of marketing tools and resources.
16.4. Data and Content: During the suspension period, your data and content within the How To Marketing Pro platform will be retained, but you will not have access to them until your payment information is updated, and your account is reactivated.
16.5. Account Reactivation: Once a valid form of payment is provided and successfully processed, your account will be reactivated, and you will regain access to the software and services.
16.6. Termination for Non-Payment: Failure to update your payment information and settle outstanding charges within a reasonable period may result in the termination of your account in accordance with our termination policy.
By using the How To Marketing Pro software, you acknowledge and agree to the suspension policy outlined in these Terms of Service, which requires updating your payment information to reactivate your account in the event of a payment failure.
17. Data Export Responsibility
17.1. Data Export Requirement: When you decide to cancel your How To Marketing Pro account, it is your sole responsibility to export any data and account information you wish to retain. The Company does not guarantee the availability of data retrieval services after the cancellation of your account.
17.2. Export Process: You can typically export your account information through the software's export or data retrieval features, which may be available in your account settings. Instructions for exporting your data may be provided in the software's documentation or on our website.
17.3. Data Retention: Please be aware that once your account is canceled, the Company may not retain your data indefinitely, and it may be permanently deleted from our systems. Therefore, it is essential to export any data you wish to preserve before canceling your account.
17.4. Assistance Disclaimer: The Company does not assume responsibility for assisting you in exporting or retaining your data after account cancellation. It is recommended that you take appropriate measures to ensure the safe and timely export of your data.
By using the How To Marketing Pro software, you acknowledge and agree that you are solely responsible for exporting your data and account information before canceling your account, and the Company is not liable for data loss or retrieval assistance after cancellation.
18. Contact Export Privileges
18.1. Access Restriction: In How To Marketing Pro, only sub-account administrators and location administrators are granted the privilege to export contacts. This access restriction is in place to ensure secure access and control over sensitive contact information.
18.2. Data Integrity and Security: By limiting contact export privileges to authorized personnel
, we aim to maintain data integrity and prevent unauthorized usage of contact data. This measure is implemented to protect the confidentiality and security of contact information within the system.
18.3. User Roles: Sub-account administrators and location administrators are assigned specific roles within the software, allowing them to perform tasks related to contact management, including exporting contacts for legitimate business purposes.
18.4. Compliance and Accountability: These access restrictions are in line with data protection regulations and industry best practices. They also help in ensuring accountability within your organization regarding the handling and exporting of contact information.
18.5. Training and Compliance: It is essential to ensure that authorized personnel are trained and informed about their responsibilities regarding contact data and that they comply with all relevant data protection laws and regulations.
By using the How To Marketing Pro software, you acknowledge and agree to the access restrictions in place, where only sub-account admins and location admins have the privilege to export contacts. These measures are in place to maintain data integrity, enhance security, and prevent unauthorized usage of contact data.
19. Pause, Cancellation & Data Retention
19.1. Hardship Pause Option: If you are experiencing financial hardship or other circumstances that require you to temporarily pause your How To Marketing Pro account while retaining your data, we offer an account pause option.
19.2. Storage Fee: To retain your account and data during the pause, you agree to pay a monthly storage fee of $199. This fee will be billed separately from your regular subscription fees.
19.3. Duration: The account pause and data retention option can be available for up to a maximum of 2 months. During this time, your account will be suspended, but all your information will be securely stored and maintained.
19.4. Data Deletion: After the 2-month storage period, if you do not request to reactivate your account, it will be permanently deleted, and all stored information will become unretrievable. The Company is not responsible for data recovery after deletion.
19.5. Reactivation: You may choose to reactivate your account at any time during the 2-month storage period by resuming your regular subscription and notifying our customer support team.
19.6. Reactivation Fee: Please note that there will be a one-time $299 reactivation fee when you choose to reactivate your account.
By using the How To Marketing Pro software and opting for the account pause and data retention option, you acknowledge and agree to the terms outlined above, including the monthly storage fee, the 6-month maximum storage duration, after which your account will be permanently deleted, and data will be unretrievable, and the one-time $299 reactivation fee.
20. Termination of Services
20.1. Termination Request: When you request to cancel or pause your How To Marketing Pro subscription, any trackable numbers rented through the software must be removed from all your advertising or communications.
20.2. Future Service: The Company reserves the right not to offer its services to you in the future after the termination of your subscription.
By using the How To Marketing Pro software and requesting the termination of services, you acknowledge and agree to remove rented trackable numbers from your advertising or communications and understand that the Company may choose not to offer its services to you in the future.
20.03 Once your request for cancelation has been iniated you will lose access to your account.
20.04 When you trial has been canceled or paused, then any trackable number will need to be removed from your Company's advertising, email signatures, websites and social media.
20.05 Trackable Numbers - will be deleted upon termination of trial periods or paid subscriptions.
21. Loss of Websites, Funnels & Chat Widgets
21.1. When you subscribe to the How To Marketing Pro System, and your plan includes access to funnels, websites, and Chat Widget functionalities, please be aware that these tools and services are provided as part of your subscription. Upon the termination or cancellation of your How To Marketing Pro account, whether initiated by you or How To Marketing Pro, your access to the funnels, websites, and Chat Widget functionalities will also be terminated.
21.2. It is your responsibility to ensure that any content, data, or materials hosted on these funnels and websites are backed up or saved externally before the termination of your account. How To Marketing Pro Systems will not retain, facilitate, or provide assistance in exporting any website files, uploaded media files, or Chat Widget functionalities.
22. Limitation of Responsibility for Robo Callers
22.1. How To Marketing Pro is not responsible for any usage or depletion of SMS messages caused by robo callers or automated systems that may be employed by your business or organization. It is your responsibility to manage and monitor SMS usage and ensure compliance with applicable laws and regulations regarding robo calling.
23. No Spamming Tolerance Policy for Emailing or SMS Communication
23.1. How To Marketing Pro enforces a strict zero tolerance policy for spamming using our software system, whether through email or SMS communication. We actively monitor our Agency Compliance reports to ensure compliance with this policy.
23.2. Spamming, including but not limited to unsolicited commercial emails or SMS messages, is a breach of our Terms of Service. Any user found to be engaging in spamming activities will be subject to immediate termination of your account.
25. A2P (Application-to-Person) Messaging Application & Protocol
25.1. When you opt to use features within the How To Marketing Pro software that require automated text communications, notifications, and communications, it becomes your sole responsibility to complete the A2P (Application-to-Person) messaging application.
25.2.
Application Fees
: The A2P application process may involve associated fees, which are required for activation. These fees are separate from your monthly access subscription fees and must be paid to initiate A2P messaging capabilities.
25.3.
Additional SMS Charges
: Please note that, in addition to your monthly access subscription fees and A2P application fees, there may be additional charges based on your usage of SMS (Short Message Service) messaging. These charges will be determined by the volume and frequency of your SMS communications and will be billed separately.
By using the How To Marketing Pro software and opting for features that involve automated text communications, notifications, and communications, you acknowledge and agree to take full responsibility for completing the A2P messaging application, paying associated fees, and covering additional SMS charges based on your usage.
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Please review these Terms of Service carefully before using the How To Marketing Pro software. Your use of the Software constitutes your acceptance of and agreement to abide by these Terms. If you do not agree with any part of these Terms, please do not use the Software. If you have any questions or concerns about these Terms, please contact us at [email protected]
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