Terms of Service

Thank you for using our products and services ("Service"). The Service is provided by Mavens ("we," "us," "our," or the "Company"), with headquarters in Lisbon, Portugal, and offices in Wilmington, Delaware, USA and Porto Alegre, Brazil. By accessing or using our Service, you are agreeing to these terms. Please read them carefully.

1. Description of Service

Mavens provides a lead management omnichannel Software-as-a-Service (SaaS) platform with custom-built AI agents designed to support your business operations across multiple communication channels ("Platform"). Our Service combines the Platform with professional services, including but not limited to implementation, customization, integration, training, and ongoing support ("Professional Services"). Together, the Platform and Professional Services constitute the "Service."

The Service enables communication through various channels, which may include but are not limited to WhatsApp, SMS, email, voice, web chat, and social media messaging platforms (collectively, "Communication Channels"). Your use of Communication Channels through the Service is subject to the terms and policies of the respective third-party platform providers, including Meta Platforms, Inc. and its affiliates.

You understand that the Service may include certain communications from Mavens, such as service announcements, administrative messages, and operational updates related to the provision of the Service. Unless explicitly stated otherwise, any new features, tools, modules, or enhancements released by us in relation to the Service shall be subject to these Terms.

The Service is an online product that requires access via an internet or other network connection. You are responsible for obtaining and maintaining the necessary internet or network connectivity to access the Service, including all associated third-party fees (such as internet service provider charges). Additionally, you are responsible for procuring and maintaining all equipment necessary to connect to the Service. The quality and performance of the Service may depend on your connectivity, equipment, and third-party integrations. Mavens is not responsible for any claims or losses that arise as a result of your connectivity, equipment, or third-party services outside of our control.

2. Eligibility and Registration

2.1 Eligibility

By registering for the Service, you represent and warrant that: (a) you are of legal age to form a binding contract in your jurisdiction; (b) you have the authority to bind the entity on whose behalf you are registering; and (c) your use of the Service will comply with all applicable laws and regulations.

2.2 Registration Obligations

You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration process ("Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (c) notify us immediately of any unauthorized use of your account.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Mavens has reasonable grounds to suspect such, Mavens reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service.

2.3 Account Security

Account registration must be completed by an authorized human representative. Accounts registered by automated methods ("bots") are not permitted. Your login credentials may only be used by authorized users within your organization as specified in your subscription plan. You are responsible for maintaining the confidentiality and security of your account credentials. Mavens shall not be liable for any loss or damage arising from your failure to comply with this obligation.

3. License and Use Rights

3.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, Mavens grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the subscription term.

3.2 Your Content and Data

When you use the Service, you represent and warrant that you have all necessary rights, permissions, and consents (including intellectual property rights and data subject consents where applicable) to the information, content, and data provided by you in connection with the Service ("Your Data").

You retain all ownership rights to Your Data. By using the Service, you grant Mavens a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit Your Data solely as necessary to provide the Service and fulfill our obligations under these Terms.

You shall assume sole liability for Your Data, including its accuracy, legality, and the lawfulness of its collection and provision to Mavens.

3.3 Restrictions

You shall not: (a) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the Service; (b) use the Service to build a similar or competitive product or service; (c) permit access to, transfer, or assign the Service to any third party without Mavens' prior written consent; (d) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service; (e) remove or alter any proprietary notices or labels on the Service; (f) use the Service in violation of any applicable laws or regulations; or (g) use the Service to transmit any malicious code, viruses, or harmful content.

4. Intellectual Property

4.1 Mavens' Intellectual Property

The Service, including all underlying technology, software, algorithms, AI models, user interfaces, designs, documentation, modifications, improvements, and derivative works, are and shall remain the exclusive property of Mavens and its licensors. Nothing in these Terms operates as a transfer of any intellectual property rights. Except for the limited license expressly granted herein, no other rights are granted.

4.2 Feedback

If you provide Mavens with any suggestions, ideas, feedback, or recommendations regarding the Service ("Feedback"), you hereby grant Mavens a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.

5. Third-Party Communication Channels and Platform Terms

5.1 Third-Party Platform Terms

The Service integrates with third-party communication platforms, including but not limited to WhatsApp, Facebook Messenger, Instagram, SMS gateways, and other messaging services ("Third-Party Platforms"). Your use of the Service in connection with Third-Party Platforms is subject to the terms, policies, and guidelines of those platforms, which are incorporated herein by reference, including but not limited to:

You acknowledge and agree that: (a) you are bound by and will comply with all applicable Third-Party Platform terms and policies; (b) Mavens is not responsible for changes to Third-Party Platform terms or policies; (c) your violation of Third-Party Platform terms may result in suspension or termination of your access to the Service; and (d) Third-Party Platforms may independently take action against your accounts, including suspension or termination, for violations of their terms.

5.2 Telecommunications and Messaging Compliance

If you use the Service to communicate via voice calls, SMS, MMS, or other telecommunications channels, you acknowledge and agree to comply with the following requirements in addition to applicable Third-Party Platform requirements:

5.2.0 Voice and SMS General Requirements

(a) Consent Requirements. You must obtain appropriate consent from recipients before initiating voice calls or sending SMS/MMS messages, as required by applicable law, including but not limited to:

(b) Automated Communication Disclosure. When using automated dialing systems, AI agents, prerecorded messages, or artificial voices, you must clearly disclose to recipients that the communication is automated or uses artificial/prerecorded voice technology, as required by applicable law.

(c) Call Recording Consent. If you use call recording features through the Service, you are solely responsible for:

(d) Calling Hours. You must comply with all applicable restrictions on the timing of calls and messages, including but not limited to the TCPA prohibition on telemarketing calls to residential lines before 8:00 a.m. or after 9:00 p.m. in the recipient's local time zone.

(e) Do Not Call Compliance. You must maintain and honor internal do-not-call lists and comply with the National Do Not Call Registry and equivalent registries in other jurisdictions. You must honor opt-out requests within the timeframes required by applicable law (generally no longer than 10 business days).

(f) Standard Opt-Out Mechanisms. For SMS/MMS messaging, you must:

(g) Message Content Requirements. All messages must:

(h) Message and Data Rates. Where required by industry guidelines or carrier policies, you must inform recipients that message and data rates may apply.

(i) Carrier Non-Liability. You acknowledge and must inform recipients as required that telecommunications carriers are not liable for delayed or undelivered messages.

(j) Emergency Services Prohibition. The Service may NOT be used to contact emergency services (such as 911 in the United States or equivalent services in other jurisdictions). The Service is not a replacement for traditional telephone services and should not be relied upon for emergency communications.

(k) Prohibited Telecommunications Content. In addition to the prohibited uses set forth elsewhere in these Terms, the following content is prohibited when using voice or SMS/MMS channels through the Service, regardless of recipient consent:

(l) A2P Messaging Registration. For Application-to-Person (A2P) messaging in the United States, you acknowledge that campaign registration (such as 10DLC registration) may be required. You agree to provide accurate information for any required registrations and to comply with all registration requirements.

5.3 WhatsApp and Meta Platform Compliance

If you use the Service to communicate via WhatsApp or other Meta platforms, you specifically acknowledge and agree to comply with the following requirements:

5.3.1 Opt-In Consent

You may only contact individuals via WhatsApp or other messaging channels if: (a) they have provided you with their contact information (such as mobile phone number); and (b) you have obtained valid opt-in consent from the recipient confirming that they wish to receive messages from your business. You are solely responsible for:

5.3.2 Opt-Out and Unsubscribe

You must: (a) provide clear instructions for how recipients can opt out of receiving specific categories of messages; (b) honor all opt-out requests promptly; (c) respect all requests (whether made on or off the platform) by any person to block, discontinue, or otherwise opt out of communications from you; and (d) remove opted-out contacts from your messaging lists.

5.3.3 Message Templates

Business-initiated messages sent via WhatsApp must use message templates approved by Meta/WhatsApp. You are responsible for ensuring that all message templates comply with applicable terms, policies, and guidelines, and are used only for their designated purposes.

5.3.4 Prohibited Messaging Conduct

When using the Service for messaging, you shall not:

5.3.5 Quality and User Experience

You shall maintain high-quality messaging practices, including:

5.4 Account Suspension by Third-Party Platforms

You acknowledge that Third-Party Platforms, including Meta and WhatsApp, may independently suspend, restrict, or terminate your access to their services for violations of their terms and policies. Such actions by Third-Party Platforms are outside Mavens' control, and Mavens shall not be liable for any losses or damages resulting from actions taken by Third-Party Platforms against your accounts.

5.5 Pass-Through of Third-Party Platform Costs

You acknowledge that the use of certain Third-Party Platforms may incur fees charged by those platforms (such as WhatsApp conversation fees). Unless otherwise agreed in writing, such third-party fees will be passed through to you and are your sole responsibility.

6. Data Protection and Privacy

6.1 Data Processing

In providing the Service, Mavens may process personal data on your behalf. To the extent that Mavens processes personal data as a data processor (or equivalent term under applicable law) on your behalf, Mavens will process such data in accordance with your documented instructions, applicable data protection laws, and the terms of any Data Processing Agreement ("DPA") executed between the parties.

6.2 Compliance with Data Protection Laws

Each party shall comply with its respective obligations under applicable data protection laws, including but not limited to:

6.3 Your Responsibilities as Data Controller

Where you act as a data controller (or equivalent term under applicable law), you are responsible for: (a) ensuring that you have a valid legal basis for processing personal data through the Service; (b) providing all required notices to data subjects; (c) obtaining all necessary consents where required; (d) responding to data subject requests; and (e) ensuring the accuracy and lawfulness of all personal data provided to Mavens.

6.4 Consent for Data Sharing with Third-Party Platforms

You represent and warrant that you have obtained all necessary rights, consents, and permissions from your customers and contacts to share their contact information and personal data with Mavens and with Third-Party Platforms (including Meta, WhatsApp, and other integrated services) for the purpose of sending communications and otherwise using the Service. You shall be solely responsible and liable for any failure to obtain such consents.

6.5 Data Processing Agreement

Upon request, Mavens will enter into a Data Processing Agreement that addresses the requirements of applicable data protection laws, including GDPR Article 28 and LGPD Article 39. The DPA shall form an integral part of these Terms.

6.6 International Data Transfers

You acknowledge that the Service may involve the transfer of Your Data to jurisdictions outside of your country of residence. Mavens will implement appropriate safeguards for international data transfers as required by applicable law, which may include Standard Contractual Clauses, adequacy decisions, or other approved transfer mechanisms.

6.7 Data Security

Mavens implements and maintains appropriate technical and organizational measures designed to protect the security, confidentiality, and integrity of Your Data. Details of our security measures are available upon request.

6.8 HIPAA Compliance (Healthcare Clients)

For clients in the healthcare industry who require compliance with the U.S. Health Insurance Portability and Accountability Act ("HIPAA"), Mavens offers the option to execute a Business Associate Agreement ("BAA"). HIPAA-compliant features and the BAA are available upon written request and may be subject to additional terms and fees. If you require HIPAA compliance, you must notify Mavens prior to transmitting any Protected Health Information (PHI) through the Service.

Important Notice: The Service does not automatically satisfy HIPAA requirements. If you are a Covered Entity, Business Associate, or otherwise subject to HIPAA, you agree not to use the Service to create, receive, maintain, or transmit any Protected Health Information unless a BAA has been executed and HIPAA-compliant features have been enabled.

6.9 Data Retention and Deletion

Upon termination or expiration of your subscription, Mavens will retain Your Data for a period of thirty (30) days, during which you may request export of Your Data. After this period, Mavens will delete or anonymize Your Data in accordance with our data retention policies, unless retention is required by applicable law.

6.10 Anonymized and Aggregated Data

You understand and agree that Mavens may anonymize and aggregate data derived from your use of the Service in a manner that does not identify you or any individual. Mavens may use such anonymized and aggregated data for purposes including but not limited to improving the Service, developing new features, and generating analytics and benchmarks.

6.11 Privacy Policy

You must maintain a published, publicly accessible privacy policy that: (a) complies with all applicable laws and regulations; (b) accurately describes your data collection, use, and sharing practices; (c) discloses your use of third-party services, including the Service and integrated Third-Party Platforms; and (d) is accessible by automated web crawlers and is not geo-blocked. Upon request, you shall provide Mavens with the URL of your privacy policy.

7. Professional Services

7.1 Scope of Professional Services

Professional Services, including implementation, customization, integration, training, and support, shall be provided as described in the applicable Statement of Work ("SOW") or Order Form agreed upon by the parties. Each SOW shall specify the scope, deliverables, timeline, and fees for the Professional Services.

7.2 Client Cooperation

You acknowledge that successful delivery of Professional Services requires your reasonable cooperation, including timely provision of information, access, resources, and decisions. Delays caused by your failure to cooperate may result in adjusted timelines and additional fees.

7.3 Ownership of Deliverables

Unless otherwise specified in the applicable SOW, all custom deliverables created by Mavens specifically for you shall be licensed to you under the same terms as the Service. Mavens retains ownership of all underlying technology, tools, methodologies, and pre-existing intellectual property used in creating such deliverables.

8. Fees and Payment

8.1 Fees

You agree to pay all fees specified in the applicable Order Form or subscription plan. All fees are quoted exclusive of applicable taxes unless otherwise stated.

8.2 Taxes

All prices and charges are exclusive of applicable taxes and fees. Where required by law, taxes (including VAT, sales tax, GST, or similar taxes) will be added to invoices. You are solely responsible for all applicable taxes and fees associated with your use of the Service.

If you are exempt from any taxes, you must provide valid tax exemption certificates or documentation satisfactory to the applicable taxing authorities. Mavens reserves the right to validate such documentation and charge applicable taxes if documentation is invalid or not provided.

For clients subject to reverse charge or similar mechanisms, you shall provide appropriate evidence of your business status (such as a valid VAT registration number) and are responsible for remitting applicable taxes directly to the relevant taxing authority.

8.3 Third-Party Platform Fees

In addition to Mavens' fees, you may incur fees charged by Third-Party Platforms for message delivery, conversations, or other usage (such as WhatsApp conversation fees charged by Meta). Unless otherwise specified in your Order Form, such third-party fees will be passed through to you and invoiced separately or as part of your regular invoice, based on actual usage.

8.4 Payment Terms

Unless otherwise specified, invoices are due within thirty (30) days of the invoice date. Late payments may be subject to interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

8.5 Price Changes

Mavens reserves the right to modify pricing for the Service. Price changes will be communicated to you at least thirty (30) days prior to the effective date and will apply to subsequent renewal terms unless otherwise agreed in writing.

9. Subscription Term and Renewal

9.1 Subscription Term

The initial subscription term shall be as specified in your Order Form. Unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term, the subscription will automatically renew for successive periods equal to the initial term (or one year, whichever is shorter) at the then-current pricing.

9.2 Cancellation by You

You may cancel your subscription by providing written notice to Mavens at least thirty (30) days prior to the end of the then-current term. Cancellation will be effective at the end of the then-current term. No refunds will be provided for partial periods or unused portions of prepaid fees unless required by applicable law.

9.3 Cancellation by Mavens

Mavens reserves the right to suspend or terminate your access to the Service, with or without notice, under the following circumstances: (a) you breach any provision of these Terms; (b) we detect unusual usage patterns, unauthorized uses, or security concerns; (c) you fail to pay applicable fees when due; (d) you attempt to damage or harm our reputation, operations, or Service; (e) in response to valid requests from law enforcement or regulatory authorities; (f) you become subject to bankruptcy, insolvency, or similar proceedings; (g) continued provision of the Service becomes impractical or unfeasible due to legal or regulatory changes; (h) you violate any Third-Party Platform terms or policies resulting in suspension or termination of your access to such platforms; or (i) at the request or direction of a Third-Party Platform provider.

10. Refund Policy

Unless required by applicable law, all fees are non-refundable. Mavens is not obligated to provide refunds for any reason, including cancellation, termination, or unused portions of the Service.

11. Data Security and Your Responsibilities

11.1 Mavens Security Commitments

Mavens is committed to maintaining appropriate security measures for the Service, including:

For details on our security practices, please refer to our Security Documentation or contact us for our current Security Overview.

11.2 Your Security Responsibilities

While Mavens secures the Service infrastructure, you are responsible for:

11.3 Data Export and Retention

11.4 No Guarantee of Absolute Security

While Mavens implements security measures consistent with industry standards, no method of transmission over the Internet or method of electronic storage is completely secure. Mavens cannot guarantee absolute security and shall not be liable for unauthorized access resulting from factors outside our reasonable control, including but not limited to your failure to safeguard your account credentials.

11.5 Prohibited Security Activities

You shall not:

12. Prohibited Uses

You agree not to:

13. AI and Automated Systems

13.1 AI-Powered Features

The Service includes AI-powered features, including but not limited to AI agents, automated responses, and machine learning capabilities. You acknowledge that: (a) AI-generated content may not always be accurate, complete, or appropriate; (b) you are responsible for reviewing and approving AI-generated content before it is sent to recipients; and (c) you remain solely responsible for all communications sent through the Service, regardless of whether such communications were generated or suggested by AI features.

13.2 Disclosure of AI Use

Where required by applicable law or Third-Party Platform policies, you must disclose to recipients that they may be interacting with an AI or automated system. You are responsible for ensuring that your use of AI features complies with all applicable disclosure requirements.

13.3 AI Training and Improvement

Mavens may use anonymized and aggregated data from your use of the Service to train and improve our AI models. Such data will not identify you, your business, or any individual.

14. Third-Party Services and Integrations

14.1 Third-Party Services

The Service may integrate with or provide links to third-party services, applications, or websites in addition to the Communication Channels described in Section 5. Mavens does not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is at your own risk and subject to the terms and policies of such third parties.

14.2 Third-Party Integrations

If you enable integrations with third-party services, you authorize Mavens to access and exchange data with such services on your behalf. You are responsible for ensuring that you have the right to enable such integrations and that your use complies with the applicable terms of service.

15. Service Availability and Modifications

15.1 Service Availability

Mavens will use commercially reasonable efforts to make the Service available. However, the Service is provided "as available," and Mavens does not guarantee uninterrupted, error-free, or secure access to the Service.

15.2 Modifications to the Service

Mavens may modify, update, or discontinue features or functionalities of the Service at any time. We will use reasonable efforts to provide advance notice of material changes that may adversely affect your use of the Service. You agree that Mavens shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

15.3 Scheduled Maintenance

Mavens may perform scheduled maintenance that may temporarily affect the availability of the Service. We will use reasonable efforts to provide advance notice of scheduled maintenance and to schedule such maintenance during off-peak hours.

15.4 Third-Party Platform Changes

You acknowledge that Third-Party Platforms may modify their services, APIs, terms, or policies at any time without notice to Mavens or to you. Mavens will use reasonable efforts to adapt the Service to material changes in Third-Party Platforms, but cannot guarantee uninterrupted integration with any Third-Party Platform.

16. Confidentiality

16.1 Confidential Information

Each party may disclose confidential information to the other in connection with these Terms ("Confidential Information"). Confidential Information includes, but is not limited to, business plans, technical data, product information, pricing, and customer data.

16.2 Obligations

The receiving party shall: (a) protect the Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) use the Confidential Information solely for purposes of performing its obligations under these Terms; and (c) not disclose the Confidential Information to third parties except as necessary to perform its obligations and subject to confidentiality obligations at least as protective as those herein.

16.3 Exclusions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is rightfully obtained from a third party without restriction; or (d) is independently developed without use of the Confidential Information.

17. Indemnification

17.1 Your Indemnification

You shall indemnify, defend, and hold harmless Mavens and its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, actions, liabilities, costs, expenses (including reasonable attorneys' fees), damages, and losses arising from or related to: (a) your breach of these Terms; (b) your use of the Service; (c) Your Data, including any claims that Your Data infringes the rights of any third party; (d) your violation of applicable laws or regulations; (e) your violation of any Third-Party Platform terms or policies; (f) any claim arising from your relationship with your customers or end users; (g) your failure to obtain necessary consents for messaging or data processing; or (h) any claim by a Third-Party Platform related to your use of the Service.

17.2 Mavens' Indemnification

Mavens shall indemnify, defend, and hold harmless you from and against any third-party claim that the Service, as provided by Mavens, infringes any valid patent, copyright, or trademark of such third party, provided that you: (a) promptly notify Mavens of the claim; (b) grant Mavens sole control of the defense and settlement; and (c) provide reasonable cooperation at Mavens' expense.

18. Limitation of Liability

18.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mavens DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Mavens DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Mavens MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE MEETS THE REQUIREMENTS OF ENTITIES REGULATED BY LAWS WITH HEIGHTENED CONFIDENTIALITY REQUIREMENTS FOR PERSONAL DATA, SUCH AS HEALTHCARE, FINANCIAL, OR LEGAL SERVICES ENTITIES, UNLESS A SPECIFIC COMPLIANCE AGREEMENT (SUCH AS A BAA) HAS BEEN EXECUTED.

18.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Mavens BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF Mavens HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.3 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mavens' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO Mavens IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE THOUSAND US DOLLARS (USD $1,000).

18.4 Third-Party Platform Actions

Mavens SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS ARISING FROM ACTIONS TAKEN BY THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO SUSPENSION, RESTRICTION, OR TERMINATION OF YOUR ACCESS TO SUCH PLATFORMS, CHANGES TO PLATFORM TERMS OR POLICIES, OR PLATFORM OUTAGES OR ERRORS.

18.5 Essential Purpose

THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18.6 Force Majeure

Mavens shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, failures of third-party services or infrastructure, or actions taken by Third-Party Platforms.

19. Dispute Resolution

19.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Mavens and attempt to resolve any dispute informally for a period of at least thirty (30) days.

19.2 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles. However, for clients primarily located in the European Economic Area, the United Kingdom, or Switzerland, mandatory local consumer protection laws may apply to the extent required.

19.3 Jurisdiction

Subject to Section 18.4, any disputes arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware, USA, and you consent to the personal jurisdiction of such courts.

19.4 Arbitration Option

At Mavens' sole discretion, disputes may be submitted to binding arbitration administered by a recognized arbitration institution, with the arbitration conducted in English and held in Wilmington, Delaware, or another mutually agreed location.

20. Regulatory Compliance

20.1 General Compliance

You represent and warrant that you shall at all times comply with all applicable laws, regulations, and industry standards in connection with your use of the Service, including but not limited to: (a) data protection and privacy laws (including GDPR and LGPD); (b) anti-spam and telecommunications regulations (including CAN-SPAM, TCPA, CASL, and similar laws); (c) export control and sanctions regulations; (d) anti-money laundering laws; (e) anti-corruption laws; and (f) industry-specific regulations applicable to your business.

20.2 Messaging Compliance

You acknowledge that the use of messaging services through the Service is subject to various laws and regulations, and you are solely responsible for ensuring that your messaging activities comply with all applicable requirements, including obtaining necessary consents and providing required disclosures.

20.3 Regulated Industries

If you operate in a regulated industry (such as healthcare, financial services, or legal services), you are responsible for ensuring that your use of the Service complies with all applicable industry-specific regulations. You must notify Mavens if you require specific compliance features or agreements (such as a BAA for HIPAA compliance).

21. Communications

21.1 Service Communications

By registering for the Service, you consent to receive electronic communications from Mavens, including service announcements, administrative messages, and operational updates. These communications are essential to the provision of the Service and cannot be opted out of while you maintain an active subscription.

21.2 Marketing Communications

With your consent where required by law, Mavens may send you marketing communications about products, services, and promotions. You may opt out of marketing communications at any time by using the unsubscribe link in such communications or by contacting us.

21.3 Notices

Notices under these Terms shall be sent by email to: (a) for notices to Mavens: [email protected]; and (b) for notices to you: the email address associated with your account. Notices shall be deemed received upon transmission if sent by email during normal business hours, or on the next business day if sent outside normal business hours.

22. General Provisions

22.1 Entire Agreement

These Terms, together with any Order Forms, SOWs, DPAs, and other documents expressly incorporated herein, constitute the entire agreement between you and Mavens regarding the Service and supersede all prior agreements and understandings.

22.2 Amendments

Mavens may modify these Terms at any time by posting updated terms on our website. Material changes will be communicated to you via email or through the Service at least fourteen (14) days prior to the effective date. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

22.3 Assignment

You may not assign or transfer these Terms or your rights under these Terms without Mavens' prior written consent. Mavens may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

22.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

22.5 Waiver

The failure of Mavens to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

22.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that the Third-Party Platforms referenced herein are intended third-party beneficiaries of the provisions of these Terms that relate to their platforms and services, with the right to enforce such provisions directly against you.

22.7 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property, confidentiality, indemnification, limitation of liability, and dispute resolution provisions.

22.8 Language

These Terms are provided in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

22.9 Independent Contractor

The relationship between Mavens and you is that of independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties.

23. Contact Information

For questions about these Terms, please contact us:

Europe: Lisbon, Portugal

United States: Wilmington, Delaware, USA

Brazil: Porto Alegre, Rio Grande do Sul, Brazil

Legal/Terms Inquiries: [email protected]

Privacy Inquiries: [email protected]

General Support: [email protected]

Website: www.mavensforce.com

By using the Mavens Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.