Terms of Service

Effective Date: January 15, 2025

These Terms of Service ("Terms") govern your use of Market Genie's lead generation and marketing automation platform ("Service") operated by Market Genie ("us," "we," or "our"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using Market Genie, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

These Terms constitute a legally binding agreement between you and Market Genie. We may modify these Terms at any time by posting updated Terms on our website. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

2.1 Platform Features

Market Genie provides a comprehensive marketing automation platform including:

• Lead generation and contact management
• Email campaign creation and automation
• Marketing funnel builder and optimization
• Analytics and performance tracking
• CRM integration and data management
• White-label reseller capabilities (premium plans)

2.2 Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted service. We may temporarily suspend service for maintenance, updates, or due to circumstances beyond our control.

3. Account Registration and Eligibility

3.1 Eligibility Requirements

• You must be at least 18 years old
• You must provide accurate and complete registration information
• You must have the authority to enter into this agreement
• You must comply with all applicable laws in your jurisdiction

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using strong, unique passwords and enabling two-factor authentication

4. Subscription Plans and Billing

4.1 Plan Types

• Free Plan: Limited features (50 contacts, 100 emails/month, 1 campaign)
• Pro Plan: $20/month - Enhanced features and higher limits
• Lifetime Plan: $300 one-time - Lifetime access to Pro features
• White Label Plan: $497 one-time - Full white-label reseller rights

4.2 Billing and Payment

• Subscription fees are billed monthly in advance
• All payments are processed securely through Stripe
• Prices are subject to change with 30 days' notice
• Failed payments may result in service suspension
• Refunds are provided according to our refund policy (Section 5)

4.3 Usage Limits

Each plan includes specific usage limits. Exceeding these limits may result in service restrictions or upgrade requirements. We monitor usage to ensure fair use and platform stability.

5. Refund and Cancellation Policy

5.1 Monthly Subscriptions

• 30-day money-back guarantee for new subscribers
• Cancel anytime with effect from the next billing cycle
• No refunds for partial months
• Access continues until the end of the paid period

5.2 Lifetime and White Label Plans

• 60-day money-back guarantee from purchase date
• Refunds subject to usage verification (no abuse)
• White label refunds require return of any reseller materials

5.3 Refund Process

To request a refund, contact Help@dubdproducts.com with your account details and reason. Approved refunds are processed within 5-10 business days to the original payment method.

6. Acceptable Use Policy

6.1 Permitted Uses

You may use Market Genie for legitimate business purposes including:

• Lead generation and customer outreach
• Email marketing campaigns
• CRM and contact management
• Marketing automation and analytics
• White-label reselling (if licensed)

6.2 Prohibited Activities

You may NOT use our Service for:

• Spam: Sending unsolicited emails or violating CAN-SPAM Act
• Illegal Content: Promoting illegal activities or content
• Harassment: Abusive, threatening, or discriminatory communications
• Fraud: Deceptive, misleading, or fraudulent practices
• Malware: Distributing viruses, malware, or harmful code
• Data Scraping: Unauthorized data collection or reverse engineering
• System Abuse: Attempting to disrupt or overload our systems
• Adult Content: Sexually explicit or adult-oriented material
• Hate Speech: Content promoting hatred or violence
• Copyright Infringement: Using copyrighted material without permission

6.3 Email Marketing Compliance

When using our email features, you must:

• Obtain proper consent before adding contacts
• Include clear unsubscribe mechanisms
• Honor unsubscribe requests promptly
• Comply with CAN-SPAM, GDPR, and other applicable laws
• Use accurate sender information

7. Content and Data Ownership

7.1 Your Content

You retain ownership of all content you upload, create, or generate using our Service, including:

• Contact lists and lead data
• Email templates and campaign content
• Marketing funnels and landing pages
• Custom integrations and automations

7.2 License to Market Genie

By using our Service, you grant us a limited, non-exclusive license to host, store, process, and transmit your content solely for the purpose of providing our Service. This license ends when you delete your content or terminate your account.

7.3 Market Genie Intellectual Property

Our platform, software, algorithms, and related intellectual property remain our exclusive property. You may not copy, modify, or create derivative works without explicit written permission.

7.4 White Label Rights

White Label plan subscribers receive specific rights to rebrand and resell our platform. These rights are detailed in the separate White Label Agreement and do not include source code or core intellectual property.

8. Privacy and Data Protection

8.1 Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws including GDPR, CCPA, and CAN-SPAM. You are responsible for ensuring you have proper consent for any personal data you upload.

8.2 Data Security

We implement industry-standard security measures including encryption, access controls, and regular security audits. However, no system is 100% secure, and you acknowledge the inherent risks of internet-based services.

8.3 Data Portability

You may export your data at any time in standard formats. Upon account termination, we will retain your data for 30 days before permanent deletion, unless longer retention is required by law.

9. Account Suspension and Termination

9.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription in account settings
• Contacting our support team
• Following our account deletion process

9.2 Termination by Market Genie

We may suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay subscription fees
• Engage in fraudulent or abusive behavior
• Pose a security risk to our platform or users
• Use our Service for illegal activities

9.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately disabled
• Your data will be available for export for 30 days
• Recurring charges will cease (for voluntary cancellations)
• Certain provisions of these Terms will survive termination

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimers

OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Performance Disclaimers

We do not guarantee:

• Specific marketing results or lead generation outcomes
• Email deliverability rates or campaign performance
• Compatibility with all third-party services
• Uninterrupted or error-free operation

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

11. Indemnification

You agree to defend, indemnify, and hold harmless Market Genie, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of our Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or data uploaded to our platform
• Your marketing campaigns or communications

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.2 Dispute Resolution

Before filing any formal legal action, you agree to first contact us at Help@dubdproducts.com to seek an informal resolution. Most disputes can be resolved quickly through direct communication.

12.3 Arbitration

If informal resolution fails, any disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Delaware or remotely.

12.4 Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted only on an individual basis and not as part of a class, consolidated, or representative action.

13. Third-Party Integrations

13.1 Integration Availability

Our platform may integrate with third-party services such as CRM systems, email providers, and analytics tools. These integrations are subject to the availability and terms of the third-party providers.

13.2 Third-Party Terms

Your use of third-party integrations is subject to their respective terms of service and privacy policies. We are not responsible for the practices or policies of third-party providers.

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The unenforceable provision will be replaced with an enforceable provision that most closely reflects our intent.

16. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you may have with us, constitute the entire agreement between you and Market Genie regarding your use of our Service.

17. Contact Information

For questions about these Terms of Service, please contact us: