Little giant marketing
Terms and Conditions of Use
Last Updated 9/24/2024
Please read these terms and conditions of use carefully
1. Acceptance of Terms
By accessing or using the Little Giant Marketing platform, you agree to comply with these Terms and Conditions ("T&C"). If you do not agree, you must not use the platform.
2. Fees, Payments, and Termination
2.1. Subscriptions
Access to certain features and services requires a paid subscription, a pre-paid balance, and a credit card on file. You agree to provide accurate payment information and authorize Little Giant Marketing to charge any fees using the payment method you provided. Subscriptions automatically renew unless canceled before the renewal date.
2.2. Billing Errors
You must notify Little Giant Marketing in writing within 45 days of the date of any disputed invoice to report a billing error. If such notice is not received within 45 days, the invoice will be considered final, and you waive any right to an adjustment or credit. You agree to pay the full amount billed.
2.3. Refund Policy
There are no refunds for Monthly Subscriptions. Refunds only apply to Annual Agreements, which will be prorated based on the monthly subscription rates on a monthly basis. Upon termination, subscriptions will terminate, and all accounts will be converted to Pay-as-You-Go for usage relating to phone numbers, phone calls, text messages, etc.
Written notice (email is acceptable) to terminate the Pay-as-You-Go features is required before we stop all Pay-as-You-Go services. Once stopped, the client cannot access any services, including but not limited to features, phone numbers, or data.
2.4. Termination
We reserve the right to terminate your access to the platform without notice if you violate these Terms. You may terminate your subscription anytime. Fees paid are refundable based on the Refund Policy and other applicable terms of this T&C.
3. Disclaimer of warranties
The platform is provided "as is" and "as available" without warranties of any kind, either express or implied. Little Giant Marketing disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Little Giant Marketing does not warrant that the platform will be uninterrupted, secure, or error-free or that any defects will be corrected.
4. Limitation of Liability
To the fullest extent permitted by law, in no event shall Little Giant Marketing, its affiliates, employees, or agents 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, resulting from (a) your use or inability to use the platform; (b) any unauthorized access to or use of our servers; or (c) any other matter relating to the platform.
5. Indemnification
You agree to indemnify and hold harmless Little Giant Marketing, its affiliates, employees, and agents from any claims, damages, or costs, including legal fees, arising out of your use of the platform or violation of these Terms, including any actions taken by third parties using your account with your consent or in violation of these Terms.
6. User Responsibilities
6.1. Client Companies (Owners)
Owners are responsible for ensuring that their organization complies with these T&C, including the payment of fees, account management, and compliance by their employees. Owners maintain control over user accounts and are liable for actions taken under their organization’s account.
6.2. Employees (End Users)
Employees must use the platform in accordance with both their employer’s policies and these T&C. End Users are responsible for maintaining the confidentiality of their login credentials and ensuring their activities on the platform comply with all usage policies.
6.3. General Responsibilities
6.3.1. You agree not to interfere with or disrupt the platform's integrity or performance.
6.3.2. You agree not to attempt unauthorized access to the platform or its related systems.
6.3.3. You agree not to use automated systems, scripts, or bots to access the platform for purposes other than those explicitly permitted.
6.3.4. You agree not to transmit harmful or threatening material or violate third-party rights.
6.3.5. You agree not to use the platform to send unsolicited communications (spam) or use it in a manner that violates the CAN-SPAM Act.
6.3.6. You agree not to misrepresent yourself or your affiliation with any person or entity.
6.3.7. You agree not to access the platform to build a competitive product, service, or platform or for any purpose not permitted under these Terms.
7. Compliance with Laws
You agree to comply with all local, state, national, and international laws and regulations applicable to your use of the platform. This includes, without limitation, adherence to the Telephone Consumer Protection Act, CAN-SPAM Act, and all other relevant regulations governing electronic communications, data privacy, and the collection of personal data. You are responsible for ensuring that your use of the platform, including sending emails or text messages, complies with these laws.
8. Intellectual Property
All content, trademarks, and data on this platform are owned by or licensed to Little Giant Marketing. You may not copy, modify, or distribute any part of this content without explicit permission.
9. User Content
You retain ownership of any data you upload to the platform. By uploading, you grant Little Giant Marketing a license to use, store, and process your data as necessary for platform operation.
10. Prohibited Use
You may not use the platform to engage in illegal activities, distribute harmful software, or infringe on any rights.
11. Privacy Policy
Your use of the platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the platform, you agree to the terms of our Privacy Policy. Please review it carefully.
12. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
13. Updates and Modifications
We may update these Terms at any time. Continued use of the platform after such changes constitutes acceptance of the new Terms.
14. Governing Law
These Terms are governed by the laws of the State of New Jersey without regard to its conflict of law principles.
15. Entire Agreement
These Terms constitute the entire agreement between you and Little Giant Marketing concerning the use of the platform.
16. User Eligibility and Restrictions
By accessing the platform, you represent and warrant that you:
1. Are at least 18 years of age.
2. Are not affiliated with a competitor of Little Giant Marketing.
3. Will not access the platform to monitor its availability, functionality, or for any benchmarking or competitive purposes.
4. Have not, and any entity you are affiliated with has not breached any agreement with Little Giant Marketing.
5. Accept and agree to be bound by these Terms.
17. Contact
For any inquiries or concerns, please contact us at [email protected].
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