MarketerValley offers the following subscription tiers for retail brands, hospitality businesses, and related sectors:

• Personal: Free of charge, providing access to basic features.
• Professional: Available at a monthly or yearly subscription fee, offering advanced tools and services.
• Marketing Service (“Marketing”): Monthly subscription plan with enhanced features for marketing needs.
• Marketing Service+ (“Marketing+”): Monthly subscription plan with premium marketing tools and services.

One-Off Services: Professional, Marketing, and Marketing+ subscribers gain access to discounted rates for One-Off Services. These services are not available to Personal plan users.

By using MarketerValley, you fall into one or more of the following user categories:

1. Site Visitors: Individuals browsing the MarketerValley website without registering for an account.
2. Personal Users: Users of the free “Personal” subscription plan. Personal Users have access to a basic set of features and functionality on the platform but do not have access to advanced services like One-Off Services.
3. Professional, Marketing, or Marketing+ Subscribers: Users of the paid subscription plans, including “Professional,” “Marketing,” and “Marketing+.” These plans are purchased by an individual or organization (the “Customer”), which may configure the subscription to grant access to designated users within their organization or team.

No Warranties for Managed Users
For users accessing MarketerValley as part of a Customer subscription, the Service is provided “as is” and “as available.” MarketerValley makes no representations or warranties, express or implied, to users in this context. The Customer is responsible for addressing any questions or concerns related to their subscription and the Service configuration.

Account Registration and Confidentiality
To access the MarketerValley platform and certain features, you must register for an account by creating a username and password. You agree to provide accurate, complete, and up-to-date information during registration. It is your responsibility to maintain the confidentiality and security of your password. You must not allow others to access the Service using your MarketerValley account.

By registering, you acknowledge that you are fully responsible for all activities conducted under your account credentials. MarketerValley may assume that any actions or communications originating from your account have been authorized by you.

Unauthorized Account Use
If you become aware of unauthorized use of your account or any security breach, you are responsible for notifying us immediately at Help & Support. We may require verification or additional information to confirm your identity and ensure your account’s security.

MarketerValley is not liable for any losses, damages, expenses, or liabilities arising from unauthorized use of your account, whether with or without your knowledge. You are responsible for any such losses or damages incurred by MarketerValley or third parties due to unauthorized account use.

In cases where an Account Administrator or Customer loses access to an account or requests information about an account, MarketerValley reserves the right, at its sole discretion, to request verification or documentation before restoring access or providing account-related information.

By using the MarketerValley platform, you agree not to:

• Engage in unlawful, fraudulent, or harmful activities.
• Share or distribute malicious software or spam.
• Attempt to disrupt the platform’s functionality or access unauthorized data.

Accurate Information
When creating your MarketerValley account, you must provide accurate and up-to-date information.

Account Security
You are responsible for safeguarding your password and all activities under your account. Notify us immediately if you suspect any security breach or unauthorized account use. Using another person’s account without permission is strictly prohibited.

Eligibility and Restrictions

• Accounts must be registered by a human; automated registrations by bots or similar methods are not permitted.
• Users must be 13 years or older to use the Service.
• Disassembling, decompiling, or reverse engineering the Service is prohibited unless allowed by law.

Compliance with Laws
You agree not to use the Service for any illegal or unauthorized activities. All actions taken on the platform must adhere to all applicable laws, including federal, state, and local regulations, as well as copyright and intellectual property laws.

Paid Accounts and Fees

• All fees are non-refundable unless otherwise specified.
• Payments are auto-renewed by default unless you cancel or downgrade to the free “Personal” plan before the renewal date.
• Fee changes will be communicated via email at least 30 days before your renewal date.
• You must provide accurate billing information, and unpaid fees may result in account suspension or termination.

Taxes
You are responsible for paying all applicable taxes, excluding taxes on our net income. Taxes will be charged if required by law.

Purchase Orders for One-Off Services and Other
If a purchase order is used, please provide the purchase order number at the time of purchase. Any terms on the purchase order that conflict with our terms and conditions will be considered null and void.

Professional Subscription (Monthly or Yearly)

• MarketerValley offers a 100% satisfaction guarantee.
• Refunds are not available for monthly or yearly Professional subscriptions as users can explore features through the free Personal subscription.

Marketing and Marketing+ Plans

• Refunds for One-Off Services are not available after the risk-free period.
• The risk-free period is 7 days for standard services and 12 days for extended services.
• Initial payments for specific services are non-refundable due to upfront costs incurred by our team.

One-Off Services

• Refunds are not available for completed, partially completed, or started One-Off Services.
• Initial payments for certain One-Off Services are non-refundable due to upfront costs.

Users/Subscribers have the right to cancel their subscription plan with MarketerValley at any time or downgrade to the Personal plan, which is free forever. However, it is important to note that we do not offer refunds for canceled services or subscription plans, including unused services or yearly subscriptions. Even if one-off services are not used during the subscription period, no refunds or redemptions will be issued for unused services or plans. Users/Subscribers may upgrade or downgrade their subscription plan as needed, subject to the terms and conditions outlined in their service agreement with MarketerValley.

 Downgrades for Marketing and Marketing+ Subscriptions

Subscribers to the Marketing and Marketing+ plans are not eligible to downgrade directly to the Professional plan. If you wish to switch to the Professional plan, you will need to cancel your current subscription and re-subscribe to the Professional plan. Alternatively, you may downgrade to the Personal (Free) plan at any time. Please note that downgrading to the Personal plan will result in the loss of access to One-Off Services, and canceling your subscription will also cancel any active One-Off Services. Additionally, there will be no refunds for used or unused services, including any services that are in process at the time of cancellation or downgrade.

MarketerValley reserves the right to refuse or cancel any order related to the Marketing or Marketing+ subscription plans and One-Off Services at any time for reasons including, but not limited to, service availability, plan availability, or one-off service membership availability. We may also cancel orders if there are errors in the description or pricing of services, or if there are discrepancies in the details provided in your order. Additionally, MarketerValley reserves the right to refuse or cancel any order if fraud, unauthorized use, or illegal transactions are suspected. In such cases, we may take appropriate measures to protect our services and users

If you do not cancel your Marketing or Marketing+ subscription before the end of the trial period (7 days risk-free or otherwise), MarketerValley will charge the full payment for the subscription on a monthly basis once the trial period ends. The first payment will be collected on the eighth (8th) day following the trial’s start date. Subsequent payments for quarterly subscriptions will be collected at the beginning of each billing cycle thereafter. It is your responsibility to cancel before the trial period concludes to avoid incurring the full subscription fee.

For certain services within the Marketing, Marketing+, and One-Off service plans, work may proceed without final review unless otherwise specified. You have 5 calendar days from the notification to review the work and raise any concerns or request changes. After this period, you waive the right to contest the work performed.

If our requests for assets, information, feedback, approvals, or revisions remain unanswered for more than five (5) business days, the project or task will be considered delayed. In such cases, the project may be moved from our active queue to the back of the line, and work will resume once we receive the necessary materials, depending on our current workload.

If your response to our requests is delayed for more than thirty (30) days without a reasonable cause, determined at our discretion, the project or task will be deemed suspended. In this case, we will issue an invoice for any remaining balance, which will be due upon receipt.

If the response delay extends to more than ninety (90) days without a reasonable cause, the project or task will be considered abandoned. In the event of abandonment, the full amount owed for the services will remain payable. Once a project or task is categorized as “Suspended” or “Abandoned,” it will be considered deactivated.

The User (customer) retains full ownership and intellectual property rights to any work produced as part of the One-Off Services, Marketing, and Marketing+ Services paid for and delivered by MarketerValley. MarketerValley does not claim ownership over the content, materials, or deliverables created for the User, except as necessary to fulfill the service. All intellectual property rights related to the final deliverables will remain the exclusive property of the User upon payment for the services rendered.

To access MarketerValley subscriptions and services, you must provide a current, valid, and accepted method of payment, which may be updated from time to time. All information you provide in connection with a purchase or transaction, including any credit card, debit card, or other accepted payment method, must be accurate and complete. You agree to pay all charges incurred by users of your payment method at the prices in effect when the charges are incurred, as well as any applicable taxes related to such purchases or transactions. In the event of insufficient funds or declined payments, we will make repeated attempts to process the payment. Any amounts not paid within seven (7) days of the due date may be subject to late fees. Payment can be made via various methods, including bank transfers and cards from Visa, MasterCard, American Express, or other online payment platforms. Payment cards are subject to validation checks and authorization by your card issuer, and if we do not receive the necessary authorization, we will not be liable for any delays in processing your order.

MarketerValley reserves the right to revise the prices of its One-Off Services at any time prior to accepting an order. Once an order is accepted, the quoted prices may be subject to adjustment in the event of any circumstances affecting the delivery of services, including but not limited to government actions, changes in taxes, fluctuations in foreign exchange rates, or other factors beyond the control of MarketerValley. In such cases, you will be notified of any price changes and will have the right to cancel your order within 7 days of being notified.

MarketerValley reserves the right to terminate or restrict access to its services for users who violate these Terms or engage in inappropriate conduct.

MarketerValley is a platform designed to provide recommendative information, ideas, and tools to support your sales and marketing vision. However:

• MarketerValley does not guarantee business success or improved performance resulting from the use of its services.
• The platform serves as a source of inspiration and guidance, but business decisions and outcomes remain the sole responsibility of the subscriber.
• MarketerValley is not liable for any legal or non-legal issues, including damages or losses, arising from the use of its platform, subscriptions, or information provided.

MarketerValley does not guarantee specific outcomes or results from the use of our Services. While we strive to deliver high-quality service and support, we are not liable for any direct or indirect outcomes, damages, or injuries resulting from the use or reliance on our Services. All outcomes depend on various factors beyond our control, and results may vary.

To the fullest extent permitted by applicable law, the collective liability of MarketerValley, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages—including, but not limited to, loss of revenue, income, data, business opportunities, pain and suffering, emotional distress, or similar damages—regardless of the form of action (whether in contract, tort, or otherwise), even if MarketerValley has been advised of the possibility of such damages, shall not exceed the greater of $100 US dollars. Your exclusive remedy for all claims under these Terms shall be limited to a refund of no more than $100.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In such cases, each party’s liability will be limited to the greatest extent permitted by law.

The MarketerValley platform, its features, content, and any information provided through its Services and Websites are offered on an “as is” and “as available” basis, without any warranties, representations, conditions, or guarantees of any kind, whether express or implied. To the fullest extent permitted by law, MarketerValley disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.

Specifically, but without limitation, MarketerValley does not warrant that:
(i) the information available on the platform is error-free;
(ii) the functions or features (including tools for uploading and downloading content) will be uninterrupted, secure, or free of errors;
(iii) defects or issues will be corrected; or
(iv) the platform, Websites, or servers are free of viruses or harmful components.

MarketerValley does not endorse or guarantee any product or service advertised or offered by third parties through its platform or linked Websites and will not be liable for monitoring any interactions or transactions between you and third-party providers. Additionally, MarketerValley is not responsible for offensive or illegal conduct by any user or third party, and you assume the risk of harm or damage arising from such interactions.

To the fullest extent permitted by law, MarketerValley, its affiliates, licensors, vendors, and their respective directors, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or use, or costs of substitute services) arising out of or related to your use of the Service or Websites. MarketerValley’s total liability, in any case, will not exceed $100.

Some jurisdictions may not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages, so certain provisions of this section may not apply to you.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. MarketerValley, its subsidiaries, affiliates, and licensors make no warranties or representations of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

MarketerValley, its subsidiaries, affiliates, and licensors do not warrant that (a) the Service will function uninterrupted, secure, or be available at any particular time or location; (b) any errors or defects in the Service will be corrected; (c) the Service will be free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements or expectations. MarketerValley makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the Service or the content provided through it.

You agree to indemnify, defend, and hold harmless MarketerValley, its affiliates, and their respective officers, directors, employees, contractors, and representatives from and against any claims, demands, damages, losses, liabilities, or expenses, including reasonable attorneys’ fees, arising out of or related to:
(i) your use of the Service or Websites;
(ii) your connection to the Service or Websites;
(iii) your violation of these Terms;
(iv) your violation of any applicable law or regulation;
(v) your submission, posting, or transmission of content to the Service or Websites; or
(vi) your violation of the rights of any other individual or entity.

MarketerValley reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification. In such cases, you agree to cooperate with us in asserting any available defenses.

All content on the MarketerValley platform, including text, graphics, logos, and software, is the property of MarketerValley or its content suppliers and is protected by intellectual property laws. Users may not reproduce, distribute, or use any content without prior written permission from MarketerValley.

After your purchase, you may receive an email survey request from MarketerValley. You are also welcome to submit a review on the Website. If you choose to complete the survey or leave a review, your feedback may be posted, in whole or in part, on the Website or used in marketing materials. Your review may include limited identifying information, such as your first name, last initial, the product you purchased, gender, city and/or state, and age range.

We are constantly updating our offerings of Services on the Website. The Services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Services on the Website or in our advertising on other platforms. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product specifications, and availability. We reserve the right to change or update any content, including pricing, product descriptions, or availability, at any time without prior notice.

(a) Any Promotions made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

(b) We may, from time to time and in our sole discretion, offer certain discounts, promotional offers, or referral codes (“Promotions”) in connection with our Services. You agree that Promotions are offered subject to our right to manage, regulate, control, modify, revoke, and/or eliminate the Promotions as MarketerValley sees fit, in its sole discretion, for any reason or no reason, in any general or specific case, and that MarketerValley will have no liability to you based on its exercise of such right.

By consenting to MarketerValley’s SMS/text messaging and call services, you agree to receive SMS/text messages and calls with service, transaction, account-related, and commercial news, events, offers, and promotions from and on behalf of MarketerValley to the mobile phone number you provide, even if your mobile number is registered on any state or federal Do Not Call list. You certify that the mobile number you provide is accurate and that you are authorized to enroll it to receive such messages and calls. You are strictly prohibited from registering a mobile number that is not your own. You acknowledge and agree that calls or text messages may be sent using automated technology, including an automatic telephone dialing system.

You understand that signing up for this service is not required to make purchases, and your consent is not a condition of any purchase with MarketerValley. Participation in our alerts program is voluntary. Standard message and data rates may apply from your mobile carrier. You are solely responsible for all charges related to SMS/text messages and calls, including charges from your mobile carrier. You may unsubscribe at any time.

You can opt-out of receiving promotional calls or SMS text messages at any time. Please note that unsubscribing from promotional communications will not prevent you from receiving calls or SMS texts from MarketerValley regarding your account or essential service details, such as order confirmations, delivery updates, or other necessary information. To unsubscribe from promotional messages, reply with “STOP” to any of our text messages or submit a request through your MarketerValley account.

The MarketerValley platform and Websites may contain links to third-party websites, services, or resources, as well as content provided by third parties. MarketerValley is not responsible for, and will not be liable for, any damages or losses arising from or related to:
(i) any content, advertisements, products, or other materials on or available from such third-party sites or resources;
(ii) the availability or errors in such third-party websites or resources;
(iii) the business practices, privacy policies, or information handling practices of third-party site operators.

Your interactions with third parties are governed by the third parties’ own terms of service, privacy policies, and any other relevant agreements.

At MarketerValley, we prioritize the security of our users’ data and maintain strict adherence to U.S. standards for web and platform security. We enforce rigorous security measures across our organization to safeguard information from unauthorized access, breaches, or misuse. All team members and contractors are thoroughly trained and regularly updated on the latest security protocols to ensure compliance with industry best practices. Additionally, MarketerValley conducts regular testing, monitoring, and independent audits of our security practices and policies to identify and address vulnerabilities proactively. Our commitment to security is foundational to maintaining the trust and safety of our users.

Subject to your compliance with these Terms, MarketerValley grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites solely for your internal business purposes (or for internal purposes authorized by an applicable Account Administrator). Your use of the Service and Websites must comply with these Terms and all applicable legal requirements.

MarketerValley reserves the right to revoke this license at any time, at its sole discretion.

To ensure the integrity and quality of the MarketerValley platform, all users must adhere to this Acceptable Use Policy. You agree not to misuse the Service or Websites by engaging in activities that include, but are not limited to: violating any applicable laws or regulations; uploading or sharing unlawful, harmful, defamatory, or otherwise objectionable content; infringing on the intellectual property rights of others; distributing malicious software or attempting to disrupt the functionality of the platform; or accessing the Service using unauthorized methods, such as bots, scraping, or hacking.

You are also prohibited from using the platform to harass, exploit, or harm others, or to create, promote, or participate in any fraudulent or misleading activities. MarketerValley reserves the right to investigate and take appropriate action, including suspending or terminating your account, if we determine you have violated this policy.

We also reserve the right, at our sole discretion, to modify, update or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Changes will be posted on our website, and continued use of the platform after changes are posted constitutes acceptance of the revised Terms.

MarketerValley reserves the right to terminate or suspend your Account immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms and Conditions. Upon termination, your right to access and use the Website will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Website.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. In the event that any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable for any reason, such provision will be severed from these Terms and Conditions, and the validity and enforceability of the remaining provisions will not be affected. Any disputes arising from or relating to these Terms and Conditions will be subject to the exclusive jurisdiction and venue of the courts located in Texas.

You acknowledge and agree that any disputes with us may only be resolved on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidations with other arbitrations are prohibited. The arbitrator shall not consolidate claims from more than one person and may not preside over any form of a class, representative proceeding, or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties explicitly agree to do so after the arbitration has been initiated.

To use MarketerValley services, the User/Subscriber must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. The User/Subscriber is responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain MarketerValley services may be limited or delayed based on problems inherent in the use of the Internet and electronic communications. The User/Subscriber understands that MarketerValley is not responsible for delays, delivery failures, or other damage resulting from such problems.

MarketerValley shall not be considered in breach of or default under these Terms of Service or any contract with the User/Subscriber, and shall not be liable to the User/Subscriber for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, MarketerValley may immediately terminate these Terms of Service and shall have no liability to the User/Subscriber for or as a result of any such termination.

The User/Subscriber acknowledges that MarketerValley reserves the right to refuse service to anyone.

The User/Subscriber acknowledges that MarketerValley is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. MarketerValley.com, LLC is principally based in Texas State.

The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

These Terms shall be governed and construed in accordance with the laws of the state in which MarketerValley is headquartered, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.