Terms of Service

Maintouch Terms of Service
Effective Date: 10/28/2025
Last Updated: 10/28/2025

1. Acceptance of Terms
   Welcome to Maintouch (“Maintouch,” “we,” “our,” or “us”).
   By accessing or using https://maintouch.com (the “Site”) or any services provided by Maintouch (the “Services”), you agree to be bound by these Terms of Service (“Terms”).
   If you do not agree to these Terms, do not use our Services. Maintouch may update these Terms from time to time, and any changes will be effective when posted on the Site. Continued use of the Services after changes are posted means you accept those changes.

2. Overview of Services
   Maintouch provides marketing automation solutions for startups and technology companies, including but not limited to:
   SEO content creation and optimization
   Keyword research and backlink analysis
   Automated content workflows and analytics
   Growth and traffic reporting
   All Services are described on the Site or in a written agreement (“Order Form” or “Statement of Work”) between Maintouch and the customer (“Client”).

3. Eligibility
   To use the Services, you must:
   Be at least 18 years old;
   Have the authority to enter into these Terms on behalf of the entity you represent; and
   Use the Services only for lawful business purposes.

4. Fees and Payment
   Billing. All fees are set forth in the applicable Order Form. Unless otherwise agreed in writing, fees are due in full within 30 days of invoice.
   Late Payment. Unpaid balances may incur a 1.5% monthly finance charge (or the maximum allowed by law).
   No Refunds. Payments are non-refundable unless required by law or expressly stated in your Order Form.
   Taxes. You are responsible for all taxes, except those based on Maintouch’s net income.

5. Client Responsibilities
   To help us deliver high-quality results, you agree to:
   Provide timely access to your website, analytics tools, and any materials or approvals required;
   Ensure any content or data you provide does not violate third-party rights or applicable laws; and
   Understand that SEO performance and search rankings depend on many external factors—Maintouch cannot guarantee specific outcomes.

6. Intellectual Property
   Maintouch IP. Maintouch retains all rights in its proprietary technology, tools, templates, and methodologies used to deliver the Services.
   Client Materials. You grant Maintouch a limited, non-exclusive license to use your trademarks, content, and other materials as needed to perform the Services.
   Deliverables. Upon full payment, you receive a perpetual, worldwide license to use the final deliverables we produce for you, excluding any underlying Maintouch IP or third-party assets.
   Feedback. You grant Maintouch a royalty-free, worldwide license to use any feedback or suggestions you provide for improving the Services.

7. Confidentiality
   Each party agrees to:
   Keep all non-public business, technical, or financial information (“Confidential Information”) secret;
   Use it only for purposes of the engagement; and
   Not disclose it to third parties without permission.
   This obligation continues for 2 years after termination of the engagement.

8. Disclaimers
   Except as expressly stated in writing:
   The Services are provided “as is” and without warranties of any kind.
   Maintouch disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
   Maintouch does not guarantee any specific increase in search rankings, traffic, or revenue.

9. Limitation of Liability
   To the fullest extent permitted by law:
   Maintouch is not liable for indirect, incidental, consequential, or punitive damages (including lost profits or data).
   Maintouch’s total aggregate liability for any claim is limited to the amount you paid to Maintouch in the 12 months preceding the event giving rise to the claim.
   These limits apply even if Maintouch has been advised of the possibility of such damages.

10. Term and Termination
    Term. The Agreement remains in effect for the period set in your Order Form.
    Termination for Cause. Either party may terminate for material breach if the other fails to cure within 30 days of written notice.
    Termination for Convenience. Either party may terminate with 30 days’ written notice (unless the Order Form states otherwise).
    Effect of Termination. All fees owed up to termination remain payable. Maintouch may retain copies of deliverables for record-keeping and compliance purposes.

11. Publicity
    Unless otherwise requested in writing, Maintouch may include your company name and logo in our client list and marketing materials to identify you as a Maintouch customer.

12. Governing Law and Jurisdiction
    These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.
    Any disputes shall be resolved exclusively in the state or federal courts located in New York County, NY, and both parties consent to personal jurisdiction there.

13. Force Majeure
    Maintouch is not liable for delays or failures to perform caused by events beyond its reasonable control (e.g., natural disasters, strikes, internet outages, government actions, or acts of war).

14. Entire Agreement
    These Terms, along with any signed Order Form or written agreement, constitute the entire agreement between Maintouch and the Client and supersede any prior communications or representations.