Made for You Media, LLC Messenger Bot Terms of Service
Effective as of June 1, 2019
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
These terms of service (“Terms of Service”) are a legal agreement (“Agreement”) between you, either an individual or a single legal entity (“You”, “you”, or the “client”), and Made for You, LLC. (“Made for You”, “we”, or “us” or the “provider”)
Our Agreement is simple. You, the client, want Made for You, LLC, us, the provider, design and deploy a Chat Bot (“Bot) compatible with the Facebook platform and provide you with the license to use the Bot to interact with your customer and/or clients. In addition, we will provide you with marketing assistance according to the plan level you have selected.
Project Description
Using contact information and assets that you provide we will develop, customize and deploy a Bot compatible with the Facebook platform. If you have selected a Marketing Plan, we will also configure and provide a number of “growth tools” that are designed to improve functionality and marketing effectiveness.
Project Timelines
Once we agree to work together, an Onboarding Call will be held to gather information and assets (photos, videos, etc.) to configure the setup of the Bot and discuss the details of the marketing assistance included in your plan. You understand you will need to provide us with access to your Facebook Page to complete installation of the Bot. Once we have received your initial information and have completed development, we will deploy and activate the Bot (typically 5 business days).
Payments
You are authorizing our Payment Processor to bill the credit card that you provide. for the initial development of your messenger bot and for the monthly Maintenance or Marketing Plan that you choose. Your first payment is for the development of the bot and your first month of the monthly Maintenance or Marketing Plan that you choose. You will be billed on or about the same date each month for the Maintenance or Marketing Plan until you cancel. In the event of payment failure, we will make attempts to re-authorize the transaction. In the event your account becomes delinquent, at our sole discretion, we reserve the right to discontinue providing service and refer the outstanding balance for collection. You assume responsibility for all collection or legal fees necessitated by default in payment.
Renewals
Your license to use the Bot is a monthly subscription that renews automatically until cancelled. To cancel renewal, please notify us your wish to cancel by letter or e-mail 30 days prior to renewal; phone calls, voicemail and text messages, IM’s etc. are not considered valid for this purpose.
Use of Third-Party Software and Platforms
The completed Work will rely upon a number of third-party software products, code, and platforms, any of which may be changed or discontinued by their respective owners (Facebook, et al). We can make no guaranty about the continued availability or functionality of these products.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Indemnity
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties, including but not limited to events relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in cancellation of your Service.
Termination
Either party may terminate this Agreement by giving notice to the other of such termination. Notice of termination should be sent by letter to our Postal Address: PO Box 20022, Winston-Salem, NC 27120, or our support e-mail: support@madeforyoumedia.com. Phone calls, text messages, IM’s etc. are not considered valid for this purpose. Should the project be terminated due to client failure to submit required information or materials, no refunds will be issued.
In the event that you ask us to postpone or terminate work on your project, we have the right to bill a pro rated amount for work completed through the date of your request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within two business days of your written notification to stop work.
You assume responsibility for all collection or legal fees necessitated by default in payment.
Agreement
This Agreement shall be governed by and construed in accordance with the laws of North Carolina. Any dispute or other legal action concerning this Agreement, may be brought only in the state court sitting in Forsyth County, North Carolina, and each party hereby submits to the exclusive jurisdiction of this court for purposes of any such proceeding.
By marking the box titled “I have read and agree to the Terms of Service” and submitting this form you signify that:
1. you have read and understood the Terms of Service outlined in this document,
2. that this is a complete statement of the agreement and supersedes any prior terms, representations, or agreements whether made orally or in writing,
3. and that you agree that these Terms will govern your working relationship with Made for You Media, LLC.
