U.S.–Only: We operate exclusively in the United States and do not accept international clients. The Services are intended for U.S. residents only.
Welcome to mtm.business, operated by Modern Tech Media, LLC (“Modern Tech Media,” “MTM,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our websites, software, applications, dashboards, portals, and related services—including subscriptions and payments processed by Stripe (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1) Privacy
Please review our Privacy Policy, which describes how we collect, use, and share information. The Privacy Policy is incorporated into these Terms by reference.
2) Eligibility; Your Account
You must be 18 years of age or older (or the age of majority in your state) to use the Services. You are responsible for maintaining the confidentiality of your account and password and for all activities under your account. Notify us immediately of any unauthorized use.
We may refuse service, terminate accounts, remove or edit content, or cancel orders or subscriptions in our sole discretion, subject to applicable law.
3) Electronic Communications & E-Sign
You consent to receive communications from us electronically (email, in-app messages, posted notices) and agree that all notices and disclosures we provide electronically satisfy any legal requirement that such communications be in writing. You consent to the use of electronic signatures and records.
4) License & Site Access
We grant you a limited, revocable, nonexclusive, nontransferable license to access and make personal or internal business use of the Services, strictly as permitted by these Terms and any applicable order or subscription plan.
- No resale or commercial use except as expressly permitted;
- No scraping, data mining, robots, or similar tools;
- No framing or enclosing trademarks or proprietary info without written consent;
- No downloading (other than page caching) or copying account info for another merchant.
5) Acceptable Use
- No unlawful, infringing, harmful, or fraudulent activities;
- No interference with the Services or attempts to bypass security;
- No reverse engineering except where prohibited restrictions are unenforceable by law;
- No impersonation or misrepresentation;
- No viruses/malware, spam, or otherwise objectionable content.
6) User Content; Reviews & Feedback
You represent and warrant you own or control all rights in your content and it does not violate law or others’ rights.
You grant MTM a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content in any media for operating, improving, and promoting the Services.
We may, but are not obligated to, monitor, edit, or remove content. MTM assumes no liability for user content posted by you or third parties.
7) Intellectual Property
All content on the Services is owned by MTM or its licensors and protected by U.S. law. The compilation of all content is the exclusive property of MTM.
Trademarks: “Modern Tech Media,” “mtm.business,” and associated marks are MTM trademarks. Third-party marks are property of their owners.
8) Software; Updates; Beta
We may provide software or code as part of the Services. Subject to these Terms, we grant you a limited license to use such software solely to access and use the Services. We may provide automatic updates or upgrades. Beta/preview features are provided AS IS and may change or be discontinued at any time.
9) Custom Development; Ownership; Client Materials
- Client Materials: You retain ownership of your pre-existing content, data, and marks. You grant MTM a license to use them to provide the Services.
- MTM Materials: MTM owns and retains all rights in the Services, software, platforms, libraries, tools, and know-how.
- Deliverables: Unless a signed SOW/Order states otherwise, MTM retains ownership and grants you a nonexclusive license to use deliverables with the Services for your internal business purposes.
If a SOW/Order specifies different IP terms (e.g., assignment), those written terms control for that SOW/Order.
10) Third-Party Services (Including Stripe)
The Services may integrate with third-party services (e.g., Stripe). Your use of such services is subject to their terms and privacy policies. We are not responsible for third-party services and do not control their practices.
11) Subscriptions, Payments, and Billing (Stripe)
- Billing Authorization: You authorize us (via Stripe) to charge your payment method for recurring fees, taxes, and other charges.
- Auto-Renewal: Subscriptions renew until canceled. Cancel before the next billing cycle in your account or by contacting us in time for processing.
- Pricing & Changes: We may change prices/plans; we provide advance notice of material changes (e.g., 30 days).
- Failed Payments: We may retry, request an updated method, and/or suspend or terminate access until payment is received.
- Taxes: You are responsible for applicable taxes (we may collect when required).
- Refunds: Unless stated otherwise or required by law, fees are nonrefundable and no credits for partial periods.
- Chargebacks: Contact us to resolve billing issues; improper chargebacks may be treated as a breach.
Stripe: Stripe may act as an independent controller of certain payment data; see Stripe’s terms and privacy policy.
12) Orders, Shipping, and Risk of Loss (If Applicable)
If we ship physical items, title and risk of loss pass to you upon delivery to the carrier unless stated otherwise. Product descriptions are provided in good faith but not guaranteed to be error-free; if a product is not as described, your sole remedy is to return it unused in accordance with our posted return policy (if any).
13) Disclaimer of Warranties
THE SERVICES (INCLUDING ANY SOFTWARE, CONTENT, OR BETA FEATURES) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MTM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MTM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO MTM FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
15) Indemnification
You agree to defend, indemnify, and hold harmless MTM and its affiliates, officers, employees, and agents from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your content, your breach of these Terms, your violation of law, or disputes with third parties.
16) Suspension and Termination
We may suspend or terminate access if you violate these Terms, your account is at risk, or as required by law. You may cancel at any time; cancellation is effective at the end of the current billing period unless otherwise stated. Sections that should survive (e.g., IP, disclaimers, limits, indemnity, arbitration) will survive termination.
17) Modifications to Services or Terms
We may modify the Services or these Terms at any time. If we make material changes, we will post updated Terms with a new “Effective” date and may provide additional notice as required. Continued use after changes are effective constitutes acceptance.
18) Governing Law; Venue
These Terms and disputes arising out of or related to them or the Services are governed by the laws of the State of Florida, without regard to conflict-of-law rules. The Services are offered only in the United States; you represent you are a U.S. resident when using the Services.
19) Binding Arbitration; Class Action Waiver
Arbitration: Any dispute, claim, or controversy (“Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will be conducted in Palm Beach County, Florida, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions: Either party may bring an individual action in small claims court or seek injunctive/equitable relief in court for claims related to intellectual property or unauthorized use of the Services.
Class Action Waiver: Disputes must be brought solely in your or our individual capacity, not as a plaintiff or class member in any class or representative proceeding.
20) Force Majeure
We will not be liable for delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, supply chain issues, government actions, war, terrorism, or utility/network failures.
21) Notices
We may provide notices via email, in-app messages, or posting on the Services. Legal notices to us: mtm.customers@gmail.com (subject line: “Legal Notice”).
22) Entire Agreement; Severability; Assignment; No Waiver
These Terms (including orders/SOWs and policies referenced herein) are the entire agreement between you and MTM regarding the Services. If any provision is unenforceable, it will be modified to the minimum extent necessary, and the remainder will remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce any provision is not a waiver.
24) Site Policies
Additional policies (e.g., Shipping, Returns, or specific Service Level or Support terms) may be posted on the site or included in an Order/SOW and are incorporated by reference.