MatchStix Terms of Service
Last updated: January 1, 2024
Welcome to MatchStix (the "Service"), owned and operated by Agentic Enterprises Inc d/b/a MatchStix ("Company," "we," "us," or "our").
These Terms of Service ("Terms") govern your access to and use of our Service, including our website located at MatchStix.com, any associated web applications, mobile applications, APIs, and related services.
If you are using the Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" refer to that Organization.
1. Definitions
- "Service" refers to MatchStix, including the website, applications, APIs, features, functionalities, and related services provided by the Company.
- "User," "you," "your" refers to the individual or entity accessing or using the Service.
- "Account" refers to the account created by a User to access the Service.
- "Content" means any data, text, information, graphics, profiles, audio/video clips, links, or other materials uploaded, submitted, stored, or displayed by you through the Service.
- "Subscription Plan" refers to the level of service access purchased by the User.
- "Contact List" refers to any collection of contacts created by the User within the Service.
2. Account Registration and Use
Eligibility: You must be at least 18 years old to use the Service.
Account Creation: You agree to provide accurate, current, and complete information during the registration process and keep your account information updated.
Account Security: You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
Acceptable Use: You agree not to use the Service for any unlawful purpose or in any way that violates these Terms.
3. License Grant
License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription or permitted access.
Restrictions: Except as expressly permitted, you may not: (a) copy, modify, or create derivative works of the Service; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Service.
4. Fees, Payment, and Subscription Terms
Subscription Plans & Fees: Access to certain features of the Service may require payment of fees based on a selected subscription plan ("Subscription"). Current fees and plans are available on our Pricing Page. All fees are U.S. Dollars and non-refundable except as explicitly stated herein or required by law.
Billing & Payment: You authorize us (or our third-party payment processor) to charge your chosen payment method for the applicable Subscription fees. Fees are typically billed in advance on a monthly or annual basis.
Automatic Renewal: UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION.
5. Intellectual Property
Our IP: The Service and its underlying technology, software, documentation, designs, branding, logos, and all intellectual property rights therein are and will remain the exclusive property of Agentic Enterprises Inc d/b/a MatchStix and its licensors.
Your Content: You retain ownership of your Content. However, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, transfer, display, perform, reproduce, modify (for formatting purposes), and distribute your Content solely as necessary to provide and operate the Service for you.
6. Data Privacy and Security
Privacy Policy: Your use of the Service is also governed by our Privacy Policy. The Privacy Policy describes how we collect, use, and disclose information about you. By using the Service, you consent to the practices described in the Privacy Policy.
Security: We implement reasonable technical and organizational measures designed to secure your Content from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures.
7. Service Availability and Support
Availability: We will use commercially reasonable efforts to make the Service available, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, upgrades, or unforeseen circumstances.
Support: Support levels are provided according to your Subscription plan.
8. Term and Termination
Term: These Terms commence when you first accept them and continue until your Subscription expires or is terminated.
Termination by You: You may terminate your account and these Terms at any time via account settings or by contacting support. Termination is effective at the end of the current billing cycle, and no refunds are provided for partial periods.
Termination by Us: We may suspend or terminate your access to the Service and these Terms, with or without cause, by providing you 30 days' notice. We may terminate immediately if you breach these Terms, fail to pay fees, engage in illegal conduct, or if required by law.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AGENTIC ENTERPRISES INC D/B/A MatchStix, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE OR OTHERWISE UNDER THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM.
11. Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.
Dispute Resolution: Any dispute arising from these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, taking place in Boston, Massachusetts.
12. Contact Us
If you have questions about these Terms of Service, please contact us at:
Agentic Enterprises Inc d/b/a MatchStix
1 Broadway
Cambridge, MA 02142
United States
Email: legal@matchstix.com