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CONDITIONS OF USE
Terms of Service
Posted: January 31, 2025 • Effective: January 31, 2025
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.
Contents
- Privacy
- Eligibility; Your Account
- Electronic Communications & E-Sign
- License & Site Access
- Acceptable Use
- User Content; Reviews & Feedback
- Intellectual Property
- Software; Updates; Beta
- Custom Development; Ownership; Client Materials
- Third-Party Services (Including Stripe)
- Subscriptions, Payments, and Billing
- Orders, Shipping, and Risk of Loss
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Suspension and Termination
- Modifications to Services or Terms
- Governing Law; Venue
- Binding Arbitration; Class Action Waiver
- Force Majeure
- Notices
- Entire Agreement; Severability; Assignment; No Waiver
- Contact
- Site Policies
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.
23) Contact
Questions about these Terms or the Services? mtm.customers@gmail.com
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.
PRIVACY POLICY
Privacy Policy
Posted: January 31, 2025 • Effective: January 31, 2025
Modern Tech Media, LLC (“Modern Tech Media,” “MTM,” “we,” “us,” “our”) provides websites, software, and related services—including subscription billing and online payments processed by Stripe—at mtm.business and through our client portals (the “Services”). This Privacy Policy explains how we collect, use, disclose, and protect personal information in connection with the Services.
By using the Services, you agree to this Privacy Policy. If you do not agree, please do not use the Services.
Contents
- Who We Are & Contact
- Scope
- Eligibility; Children
- Information We Collect
- How We Use Information
- How We Share Information
- Your Choices
- State Privacy Rights (U.S.)
- Cookies & Tracking
- Data Hosting & U.S.–Only Service
- Security
- Data Retention
- Your Responsibilities
- Communications Preferences
- Changes to This Policy
- Contact Us
- Additional Stripe Disclosures
- California “Shine the Light”
1) Who We Are & Contact
Controller: Modern Tech Media, LLC (Florida, USA)
Email: mtm.customers@gmail.com
2) Scope
This Policy applies to information we collect:
- On our websites (including mtm.business) and pages we host;
- In our software, portals, dashboards, and forms;
- In emails and other electronic messages between you and us;
- Through integrations we use to support subscriptions and payments (e.g., Stripe).
This Policy does not apply to websites or services we do not control.
3) Eligibility; Children
You must be 18 years of age or older (or the age of majority in your state) to use the Services. We do not knowingly collect personal information from children under 13. If you believe a child has provided personal information to us, contact us and we will delete it.
4) Information We Collect
A. Information You Provide
- Account & Profile: name, email, password, company, role, phone, billing details, addresses.
- Transactions & Subscriptions: plan selections, renewal status, invoices, tax status, purchase history.
- Support & Communications: messages, tickets, attachments, feedback.
- Content You Upload: files, images, and materials submitted through the Services.
B. Information Collected Automatically
- Usage & Log Data: pages visited, actions taken, timestamps, referring URLs, error logs.
- Device & Technical Data: IP address, non-precise location (e.g., city/region inferred from IP), browser, OS, network, screen resolution.
- Cookies & Similar Technologies: see Section 9.
C. Information from Service Partners
- Payments: data from Stripe about charges, invoices, disputes, and subscription events.
- Hosting/Security/Analytics/Support: operational data from vendors we use to run the Services.
- Identity/Authentication (if enabled): data from SSO/social login to create or link your account.
D. Service-Provider Role for Business Clients
For custom development or hosted solutions we provide to a business client, we may process personal information on that client’s behalf as a service provider under applicable U.S. state laws, per our contract with the client.
5) How We Use Information
- Provide & operate the Services (accounts, log-in, subscriptions, renewals).
- Process payments and manage billing, taxes, refunds, chargebacks, and disputes (via Stripe).
- Communicate with you (service, transactional, administrative, and support messages).
- Secure, maintain, and improve the Services; analytics and troubleshooting.
- Personalize your experience (e.g., preferences).
- Detect and prevent fraud, abuse, security risks, and illegal activity.
- Comply with laws and enforce our agreements.
- Marketing (U.S. only); you may opt out at any time.
6) How We Share Information
- Service Providers/Processors: e.g., Stripe, cloud hosting, security, analytics, support, email/SMS.
- Business Transfers: merger, acquisition, financing, or sale of assets.
- Legal & Safety: to comply with law or protect rights, privacy, safety, or property.
- With Your Direction or Consent.
We do not sell personal information, and we do not “share” personal information for cross-context behavioral advertising under California law.
7) Your Choices
- Service/Transactional Emails: required to provide the Services.
- Marketing Emails: unsubscribe via the link in the email or contact us.
- Account Data: review/update in your dashboard or by contacting us.
- Cookies: control via browser settings and any on-site preference tools.
8) State Privacy Rights (U.S.)
Depending on your state (e.g., California (CPRA), Colorado, Connecticut, Utah, Virginia), you may have rights to access, know, correct, delete, obtain a portable copy, and opt out of sales/targeted advertising (we do not sell or use cross-context behavioral ads).
To exercise a right, email mtm.customers@gmail.com with the subject “Privacy Request.” You may use an authorized agent as permitted by law. You may appeal a denial by replying with “Privacy Appeal.” We will not discriminate against you for exercising privacy rights.
9) Cookies & Tracking
- Strictly Necessary: sign-in, security, core features.
- Functional: remember choices and preferences.
- Performance/Analytics: understand usage and improve features.
- Advertising/Measurement (optional): currently not used for cross-context behavioral ads.
Do Not Track: We currently do not respond to DNT signals. If U.S. law requires recognition of browser privacy signals for targeted advertising and we enable such features, we will honor those signals.
10) Data Hosting & U.S.–Only Service
We host and process data in the United States. We do not target, market to, or onboard clients outside the U.S., and we do not intentionally process the personal information of non-U.S. residents.
11) Security
- Transport: HTTPS/TLS for data in transit.
- Payments: Stripe is PCI-compliant and processes card data directly; we do not store full card numbers.
12) Data Retention
We retain personal information as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce agreements. We may anonymize or delete data when no longer needed.
13) Your Responsibilities
- Password Security: keep credentials confidential; notify us of unauthorized use.
- Accurate Information: keep your account details up to date.
- U.S. Use Only: do not use the Services from outside the U.S.
14) Communications Preferences
You may unsubscribe from marketing emails via the link in those messages or by contacting us. Service and administrative messages are required to deliver the Services.
15) Changes to This Policy
We may update this Privacy Policy from time to time. If we make material changes, we will post the new Policy with a new “Effective” date and, when required, provide additional notice.
16) Contact Us
Questions or requests: mtm.customers@gmail.com
17) Additional Stripe Disclosures
We use Stripe for payment processing; your payments are subject to Stripe’s terms and privacy policy. Stripe may collect and process personal information as an independent controller for fraud prevention, compliance, and payment operations. We receive limited payment metadata (e.g., invoice status, last-4, brand, expiration month/year) to manage your account.
18) California “Shine the Light”
We do not disclose personal information to third parties for their direct marketing purposes.