Terms of Service

1. Services and Support

   1.1 Scope of Services. Subject to these Terms, Maintouch will use commercially reasonable efforts to provide the Services included in the subscription plan you select at checkout or in your account (your "Plan"), and to provide commercially reasonable technical support through the channels described on the Site.

   1.2 Eligibility and Accounts. You must be at least 18 years old and use the Services only for lawful business purposes. You are responsible for maintaining the confidentiality of your login credentials, for all activity under your account, and for ensuring your authorized users comply with these Terms. Notify us promptly of any unauthorized use of your account.

   1.3 Service Capacity. Your Plan includes a monthly credit allocation, as described at checkout or on our pricing page. Credits are consumed by platform usage. Unused credits do not roll over to the next billing period. Usage beyond your credit allocation may require upgrading your Plan or purchasing additional credits.

   1.4 Backlink Services. If your Plan or an add-on includes backlink services, Maintouch may identify, negotiate, and secure backlink placements on third-party publisher websites to support your SEO objectives. Maintouch has full discretion over publisher selection, placement timing, and strategy, consistent with your campaign goals and funded budget. Each backlink is deemed delivered upon verification of a live, publicly accessible link. Publishers retain editorial control over whether and how a placement is published. Reporting includes link URL, anchor text, target page, domain rating, and verification status.

   1.5 Add-On Services. Additional services or capacity may be purchased as add-ons through your account. Add-on fees are in addition to your Plan fee and are billed in advance with your subscription unless stated otherwise at purchase.

   1.6 Changes to the Services. We may update, improve, or modify the Services from time to time. We will not materially reduce the core functionality of your paid Plan during your then-current billing period.

2. Restrictions and Responsibilities

   2.1 Restrictions. You shall not, directly or indirectly: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms of the Services or any software, documentation, or data related to the Services ("Software"); (b) modify, translate, or create derivative works based on the Services or any Software (except as expressly permitted by Maintouch or enabled within the Services); (c) use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; (d) resell, sublicense, or share account access outside your organization; or (e) remove any proprietary notices or labels.

   2.2 Customer Responsibilities. You will provide timely access to your website, analytics tools, and any materials or approvals needed for the Services, and you acknowledge that SEO and AI visibility performance depend on many factors outside Maintouch's control.

   2.3 Acceptable Use. You shall not use the Services to: (a) create, publish, or promote content that is unlawful, defamatory, fraudulent, deceptive, harassing, hateful, sexually explicit, or that infringes or misappropriates any third party's intellectual property, privacy, or publicity rights; (b) make false, misleading, or unsubstantiated claims about any product, service, person, or business, including fake reviews, testimonials, or endorsements; (c) promote illegal goods or services, gambling, adult content, weapons, malware, or other categories Maintouch identifies as prohibited; (d) send spam or unsolicited communications, or engage in link schemes, cloaking, doorway pages, or other manipulative practices beyond the Services as offered; (e) scrape, crawl, or extract data from the Services, or access the Services through automated means other than interfaces Maintouch provides; (f) interfere with or disrupt the integrity, security, or performance of the Services, attempt to gain unauthorized access, or probe or test vulnerabilities; (g) circumvent credit limits, usage limits, or other technical restrictions, including by creating multiple accounts; (h) use the Services to build or train a competing product; or (i) violate any applicable law, regulation, or the terms of any third-party platform you connect to the Services. Maintouch may remove content, decline to publish or place content, or suspend your account if it reasonably believes you have violated this Section.

   2.4 Third-Party Services. The Services may connect to or rely on third-party platforms, such as Google Search Console, analytics providers, content management systems, and publisher websites ("Third-Party Services"). By connecting a Third-Party Service, you authorize Maintouch to access and use data from it as needed to provide the Services, and you represent that you have the right to grant that access. Your use of Third-Party Services is governed by their own terms. Maintouch does not control and is not responsible for Third-Party Services, including their availability, accuracy, data practices, or changes to their APIs or policies, and any such changes that limit functionality of the Services will not entitle you to a refund.

3. Confidentiality; Proprietary Rights; Approvals

   3.1 Customer Data Ownership. You own all right, title, and interest in and to the data you submit to the Services ("Customer Data"), as well as any data based on or derived from Customer Data and provided to you as part of the Services. You grant Maintouch a limited license to use Customer Data, and your trademarks, content, and materials, as necessary to provide the Services, including the right to share them with publishers and other third parties for the purpose of publishing approved Customer Deliverables and backlink placements.

   3.2 Confidentiality. Each party shall maintain the confidentiality of all non-public proprietary and business information disclosed by the other party, using no less than reasonable care, and use it only to perform or receive the Services.

   3.3 Ownership of Deliverables. Except for Maintouch's underlying software and tools, you own all right, title, and interest in and to any content, creative materials, or other deliverables produced specifically for you through the Services ("Customer Deliverables"). Maintouch retains all rights in its platform, pre-existing materials, know-how, templates, and technology, including any generic or reusable components incorporated into Customer Deliverables.

   3.4 Approvals. You have final approval authority over all Customer Deliverables. Maintouch will not publish, distribute, right, or otherwise make Customer Deliverables public without your prior approval, which may be given through the platform, in writing, or via another mutually recognized communication channel. Delays in providing approvals may extend delivery or publication timelines, and Maintouch is not liable for such delays.

   3.5 Customer Representations. You represent and warrant that all materials, data, access credentials, and instructions you provide for use in the Services or Customer Deliverables do not infringe or violate any copyright, trademark, privacy right, or publicity right, or applicable law, are not false, deceptive, or lacking adequate substantiation, and that you have all necessary rights and consents to provide them.

   3.6 Feedback. You grant Maintouch a royalty-free, worldwide, perpetual license to use any feedback or suggestions you provide to improve the Services.

4. Fees and Payment

   4.1 Subscription Fees. You agree to pay the fees for your Plan and any add-ons as shown at checkout (the "Fees"). Fees are billed in advance on a recurring monthly or annual basis, depending on the billing cycle you select. You authorize Maintouch (and its payment processor) to charge your payment method on file for all Fees when due.

   4.2 Automatic Renewal. Your subscription automatically renews at the end of each billing period for a period of the same length unless you cancel before the renewal date as described in Section 5.

   4.3 Price Changes. Maintouch may change Fees or introduce new charges effective at the start of your next billing period, upon at least thirty (30) days' prior notice by email or in-app. If you do not agree to the change, you may cancel before it takes effect.

   4.4 Backlink Account Balance. If you purchase backlink services, you fund an account balance for placements (the "Account Balance"). Maintouch will deduct per-placement service fees and any applicable publisher placement or editorial fees from the Account Balance only after verifying that a backlink is live and publicly accessible. If the Account Balance is depleted, placements pause until funds are replenished. Unused balance rolls over to the following month. If you enable auto-replenishment, you authorize Maintouch to charge your payment method on file to replenish the Account Balance up to your selected monthly amount. The Account Balance has no cash value. Funded amounts are non-refundable and may be used only for placements through the Services.

   4.5 No Refunds. Except as required by law or as expressly stated in these Terms, all Fees are non-refundable, including for partial billing periods, unused credits, or downgrades.

   4.6 Failed Payments and Suspension. If a charge fails or any amount remains unpaid, Maintouch may retry the charge and may suspend the Services if payment is not received within fifteen (15) days after the due date. Services will resume promptly upon receipt of payment. Overdue amounts may accrue a finance charge of 1.5% per month, or the maximum permitted by law, whichever is lower, plus reasonable costs of collection. If you initiate a chargeback or payment dispute without first contacting Maintouch under Section 4.7, Maintouch may suspend your account until the dispute is resolved.

   4.7 Billing Disputes. If you believe you were billed incorrectly, you must contact Maintouch at [email protected] within sixty (60) days after the charge first appeared to receive any adjustment or credit.

   4.8 Taxes. Fees exclude taxes. You are responsible for all taxes associated with the Services other than U.S. taxes based on Maintouch's net income.

5. Term, Cancellation, and Termination

   5.1 Term. These Terms apply from the date you first accept them or use the Services and continue until your account is closed or terminated.

   5.2 Cancellation by You. You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your then-current billing period, and you will retain access until then. No refunds or credits are provided for the remainder of the billing period.

   5.3 Suspension or Termination for Cause. Maintouch may suspend or terminate your account (a) immediately for nonpayment, violation of Section 2, or use of the Services that could harm Maintouch, other customers, or third parties; or (b) if you materially breach these Terms and fail to cure the breach within thirty (30) days after notice. You may terminate if Maintouch materially breaches these Terms and fails to cure within thirty (30) days after your notice.

   5.4 Termination for Convenience by Maintouch. Maintouch may terminate your subscription for any reason upon thirty (30) days' prior notice. In that case, Maintouch will refund any prepaid Fees for the unused portion of your billing period.

   5.5 Effect of Termination. Upon termination, your right to access the Services ends and all accrued Fees remain payable. You may export Customer Data before termination takes effect; Maintouch may delete Customer Data after a reasonable period following termination, and may retain copies of Customer Deliverables for record-keeping and compliance purposes. Sections concerning payment, confidentiality, proprietary rights, the trademark license (as to existing uses), indemnification, disclaimers, limitations of liability, and disputes survive termination.

6. Warranty and Disclaimer

   6.1 Service Warranty. Maintouch will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions. The Services may be temporarily unavailable for scheduled or emergency maintenance, by Maintouch or third-party providers, or because of other causes beyond Maintouch's reasonable control. Maintouch may, at its discretion, provide advance notice of scheduled disruptions.

   6.2 Backlink Limitations. Backlink availability, publisher approval, and link permanence are subject to third-party control. Maintouch does not guarantee publisher acceptance, link longevity, a specific search ranking, domain rating, traffic, or any other SEO metric or performance outcome from backlink placements. Maintouch does not warrant that any placement will remain active for a specific duration, that publisher content or URLs will remain unchanged, or that a publisher's website will remain available, indexed, or penalty-free. Maintouch does not endorse or assume responsibility for publisher content. Search engines, including Google, maintain policies regarding links and may change how they evaluate links at any time. You acknowledge that search engines may discount, devalue, or take action with respect to backlinks, and you are responsible for deciding whether backlink services are appropriate for your website. Maintouch is not liable for any ranking changes, penalties, or de-indexing attributed to backlink placements.

   6.3 No Guaranteed Outcomes. Maintouch does not guarantee any specific search rankings, AI visibility, traffic, leads, or revenue. AI-generated outputs may contain errors, and you are responsible for reviewing Customer Deliverables before approving or publishing them.

   6.4 Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND MAINTOUCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

   TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAINTOUCH OR ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR EMPLOYEES BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE, LOSS, INACCURACY, OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR LOSS OF BUSINESS OR PROFITS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND MAINTOUCH'S REASONABLE CONTROL, IN EACH CASE WHETHER OR NOT MAINTOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAINTOUCH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE FEES PAID BY YOU TO MAINTOUCH FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

8. Indemnification

   8.1 By Maintouch. Maintouch will indemnify, defend, and hold you harmless from third-party claims arising solely from Maintouch's breach of these Terms, gross negligence, or willful misconduct. Maintouch's liability under this Section 8.1 is subject to, and not in addition to, the cap in Section 7.

   8.2 By Customer. You will indemnify, defend, and hold Maintouch harmless from third-party claims arising from your breach of these Terms, your misuse of the Services, or materials you provide that infringe third-party rights or violate applicable law.

   8.3 Procedures. The indemnified party will promptly notify the indemnifying party of any claim and provide reasonable cooperation. The indemnifying party will have sole control of the defense and settlement, except that it may not settle any claim that imposes obligations beyond monetary payment without the indemnified party's consent.

9. Trademark License

   You grant Maintouch a non-exclusive, royalty-free, worldwide license to use your company name and logo to identify you as a customer of Maintouch, including on Maintouch's website, customer lists, and sales and marketing materials, consistent with any written brand guidelines you provide. You may revoke this license as to new uses on thirty (30) days' written notice to [email protected].

10. General

    10.1 Changes to these Terms. Maintouch may update these Terms from time to time. For material changes, we will notify you by email or in-app at least thirty (30) days before they take effect, and changes will apply from your next billing period. Your continued use of the Services after changes take effect constitutes acceptance. If you do not agree, you may cancel under Section 5.2.

    10.2 Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws provisions.

    10.3 Mandatory Arbitration; Venue. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration in Los Angeles, California, with the arbitrator's fees borne equally by the parties. Each party will bear its own attorneys' fees and costs. The state and federal courts located in Los Angeles County, California have exclusive jurisdiction over any action to compel arbitration or enforce an arbitration award, and the parties consent to personal jurisdiction there. Claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

    10.4 Force Majeure. Maintouch is not liable for delays or failures to perform caused by events beyond its reasonable control, including natural disasters, strikes, internet or hosting outages, government actions, or acts of war.

    10.5 Severability and Assignment. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. You may not assign or transfer these Terms without Maintouch's prior written consent. Maintouch may assign or transfer its rights and obligations without consent.

    10.6 Notices. Maintouch may give notice to the email address associated with your account. You may give notice to Maintouch at [email protected].

    10.7 Entire Agreement. These Terms, together with any Plan details accepted at checkout, are the complete and exclusive statement of the mutual understanding of the parties and supersede all prior written and oral agreements, communications, and understandings relating to their subject matter. No waiver is effective unless in writing.

    10.8 Contact. Questions about these Terms: [email protected], Maintouch Labs, Inc., 2261 Market Street STE 85914, San Francisco, CA 94114.