Terms and Conditions

Last Updated: Jan 19, 2025

Welcome to MAD Social Agency! These Terms and Conditions ("Terms") govern your use of our website, services, and offerings related to email and SMS marketing (collectively referred to as the "Services"). By accessing or using our Services, you agree to comply with these Terms.

If you do not agree with any part of these Terms, please refrain from using our Services.

1. Definitions

• "We," "Us," and "Our" refer to MAD Social Agency.
• "You" and "Your" refer to any individual or entity accessing or using our Services.
• "Services" include email marketing, SMS marketing, and related digital marketing solutions provided by MAD Social Agency.

2. Use of Services

You agree to use our Services only for lawful purposes and in compliance with these Terms. By using our Services, you confirm:

• You will not engage in spamming, phishing, or any other malicious activity.
• All marketing campaigns created using our Services comply with applicable laws, including but not limited to Canada’s Anti-Spam Legislation (CASL).
• You have obtained proper consent from all recipients for email and SMS communications.

3. User Responsibilities

As a user of our Services, you are responsible for:

• Providing accurate and up-to-date information when creating an account or engaging with our Services.
• Maintaining the confidentiality of your account credentials and restricting access to unauthorized users.
• Ensuring that your email and SMS campaigns adhere to applicable privacy laws and guidelines.

4. Prohibited Activities

You may not use our Services to:

• Send unsolicited communications or spam.
• Distribute illegal, obscene, defamatory, or otherwise harmful content.
• Violate any third-party rights, including intellectual property rights.
• Engage in any fraudulent or deceptive practices.

5. Intellectual Property

All content, design elements, and materials on our website and within our Services are the exclusive property of MAD Social Agency unless otherwise specified. You may not reproduce, distribute, or use any of our intellectual property without explicit written consent.

6. Privacy Policy

Our use of your personal information is governed by our Privacy Policy. By using our Services, you agree to the terms outlined in our Privacy Policy.

7. Service Limitations and Modifications

We reserve the right to:

• Modify or discontinue any aspect of our Services without prior notice.
• Restrict access to certain features if we believe there has been a violation of these Terms.
• Suspend or terminate accounts for misuse or breach of these Terms.

8. Fees and Payment

Payment for our Services must be made in accordance with the agreed-upon terms. Failure to make timely payments may result in suspension or termination of access to our Services.

9. Limitation of Liability

To the fullest extent permitted by law, MAD Social Agency shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our Services.

10. Indemnification

You agree to indemnify and hold harmless MAD Social Agency, its employees, contractors, and affiliates from any claims, losses, damages, or liabilities arising from your use of our Services or breach of these Terms.

11. Governing Law

These Terms are governed by the laws of Manitoba, Canada, without regard to its conflict of laws principles. Any disputes shall be resolved exclusively in the courts of Winnipeg, Manitoba.

12. Changes to Terms

We may update these Terms periodically. Continued use of our Services after changes have been made constitutes your acceptance of the updated Terms.

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