MAVEN TERMS OF SERVICE (V1 – May 2025)

Important – please read carefully before using Maven. By clicking "I Agree," paying an invoice, or otherwise accessing the Maven service you ("Merchant," "you," or "your") agree to the following Terms of Service with MavenIQ LLC ("Maven," "we," "us," or "our"). If you do not accept all of these terms, do not use Maven.

1. DEFINITIONS

  • "Service" – Maven's cloud‑based AI messaging platform, including browser‑automation Sync, Identify, Craft, Approve, Send, and Engage modules and related websites, APIs, and documentation.

  • "End User" – an individual consumer who receives or sends SMS messages through Maven on your behalf.

  • "Content" – any text, data, images, promotions, or other material transmitted via the Service, including AI‑generated messages.

2. SCOPE OF SERVICE

Maven connects to your booking platform (initially Square) to identify dormant customers, generate personalized outreach, and send two‑way SMS via Twilio 10DLC numbers provisioned for you. Maven may refine the Service and underlying models at any time.

3. MERCHANT RESPONSIBILITIES

  • Accurate Information – You must provide true, complete Square/Twilio credentials, business identification (EIN), and payment information, and keep them updated.

  • Lawful Opt‑In Records – You represent and warrant that every End User phone number provided to Maven has prior express written consent to receive marketing messages under applicable laws (e.g., TCPA, CTIA, CASL).

  • Content Control – You are solely responsible for all Content, promotions, discounts, and instructions supplied to Maven.

  • Usage Limits – You will comply with carrier rules, frequency caps, and any throughput limits that Maven communicates.

  • Cooperation – You will promptly respond to compliance or abuse complaints and provide requested opt‑in proof within 48 hours.

4. FEES & PAYMENT

  • Subscription – You agree to pay the subscription fees ("Fees") for each location or account as set forth on the applicable Order Form, invoice, or pricing page (collectively, the "Pricing Schedule"). Unless otherwise stated, Fees are quoted and payable in U.S. dollars and are exclusive of taxes.

  • Variable & Pass‑Through Charges – You are responsible for carrier surcharges, 10DLC registration charges, excess usage, and similar third‑party costs that Maven incurs in delivering your traffic. These charges will appear as separate line items.

  • Billing & Payment Terms – Fees are billed in advance to the payment method you provide (e.g., Stripe). You authorize Maven and its payment processor to automatically charge all Fees, taxes, and pass‑through costs when due. Overdue amounts may bear interest at 1.5% per month (or the maximum rate permitted by law) and may result in Service suspension.

  • Price Changes – Maven may amend the Pricing Schedule by giving you at least thirty (30) days' email notice. If you do not agree to the new prices, you may terminate the Service under Section 11 before the new prices take effect.

5. SMS COMPLIANCE WARRANTY & INDEMNITY

You warrant that your use of the Service will not violate any law, regulation, or carrier guideline. You will defend, indemnify, and hold harmless Maven from any claim, fine, or cost (including reasonable attorneys' fees) arising out of (a) your breach of this warranty; (b) Content you supply; or (c) your failure to obtain valid End‑User consent.

6. AI‑GENERATED CONTENT DISCLAIMER

Messages are produced by large‑language models. While Maven applies safeguards and internal review, AI output may contain errors, omissions, or unintended tone. You acknowledge this risk and agree Maven's total liability for any AI‑generated Content is limited as set forth in Section 10.

7. INTELLECTUAL PROPERTY

Maven and its licensors retain all rights in the Service and underlying technology. Subject to these Terms, Maven grants you a non‑exclusive, non‑transferable right to access and use the Service during the Term. You grant Maven a limited license to use your trademarks and Content solely to provide the Service and for anonymized analytics.

8. DATA PRIVACY & SECURITY

Maven processes Merchant Data and End‑User Data strictly to deliver the Service, in accordance with the Privacy Policy at maveniq.com/privacy (incorporated by reference). Maven employs industry‑standard encryption, least‑privilege access, and regular third‑party security audits. You remain the data controller for End‑User Data.

9. SERVICE LEVELS & SUPPORT

Maven will use commercially reasonable efforts to maintain > 99% monthly uptime, excluding scheduled maintenance, carrier outages, or force majeure. Support tickets are accepted 24×7; P1 issues (messaging blocked) will receive an initial response within 12 hours. These service levels are targets, not guarantees.

10. DISCLAIMERS & LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED "AS IS." MAVEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. EXCEPT FOR YOUR INDEMNITY OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. MAVEN'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO MAVEN IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

11. TERM & TERMINATION

This Agreement begins on the Effective Date and continues month‑to‑month until terminated. Either party may terminate for convenience with 30 days' written notice. Maven may suspend or terminate immediately for (a) non‑payment; (b) breach of Sections 3 or 5; or (c) required carrier or legal action. Upon termination, Maven will delete or return Merchant Data upon request and cease all messaging.

12. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement is governed by, and will be construed in accordance with, the laws of the State of Washington, U.S.A., without regard to its conflict‑of‑laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration shall take place in Seattle, Washington, before a single arbitrator knowledgeable in commercial technology matters. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party waives any right to a trial by jury or to participate in a class or representative action.

13. MODIFICATIONS

Maven may update these Terms at any time by (a) posting the revised version at maveniq.com/terms and (b) notifying you by email at least thirty (30) days before the changes take effect, unless a change is required sooner by law or carrier mandate. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. MISCELLANEOUS

These Terms constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. If any provision is found unenforceable, the remainder will remain in effect. MavenIQ LLC is registered in the State of Washington, U.S.A. You may not assign or transfer this Agreement, in whole or in part, without Maven's prior written consent; any attempt to do so is void. All notices under this Agreement must be in writing and delivered by email to info@maveniq.com (for Maven) and the email address on your account (for you), or by certified mail to the addresses on file.

Last updated: 14 May 2025