Welcome to EngageMINT, a software company that offers marketing automation and CMS services to small businesses. These Terms of Service ("Terms") govern your use of the software and services (the "Service") provided by ARK Media Inc, dba EngageMINT ("we", "us", "our").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms, as well as EngageMINT's Privacy Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, please do not use the Service.

1. Use of Service

EngageMINT provides the Service solely for your use as a small business. You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

* In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

* For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

* To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

* To impersonate or attempt to impersonate EngageMINT, an EngageMINT employee, another user, or any other person or entity.

2. Account Registration

In order to use the Service, you must create an account with EngageMINT. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account or password.

3. Intellectual Property

EngageMINT owns all right, title, and interest in and to the Service, including all intellectual property rights. You agree not to reproduce, modify, distribute, sell, or create derivative works based on the Service or any part thereof without EngageMINT's prior written consent.

4. Termination

EngageMINT may terminate your access to the Service at any time, with or without cause, without prior notice, and without liability to you. Upon termination, your right to use the Service will immediately cease.

5. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. EngageMINT makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included in the Service. You expressly agree that your use of the Service is at your sole risk.

6. Limitation of Liability

EngageMINT will not be liable for any damages of any kind arising from the use of the Service, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

7. Payment and Billing

You agree to pay all fees and charges associated with the Service in accordance with the pricing and billing terms provided to you by EngageMINT. EngageMINT may change its pricing and billing terms at any time upon notice to you. You agree to pay all fees and charges in a timely manner and to keep your billing information up to date.

8. Refund and Cancellation Policy

EngageMINT does not offer refunds for the Service. However, you may cancel the Service at any time by providing 30 days' notice. For annual payments, cancellation will be effective at the end of the annual billing cycle, and prorated refunds are not offered. Upon cancellation, your access to the Service will be extended until the end of your current billing cycle.

Please note that it is your responsibility to download any client information from the Service that you wish to retain before the Service is terminated. If you require assistance downloading your data, we can offer that service at a rate of $150/hour.

9. Indemnification

You agree to indemnify, defend, and hold harmless EngageMINT, its affiliates, officers, directors, employees, consultants, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising out of or relating to your use of the Service or your violation of these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law.

11. Dispute Resolution

Any dispute arising out of or related to these Terms or your use of the Service shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Sonoma County, and the arbitrator's decision shall be final and binding. You waive any right to bring or participate in any class action related to any dispute with EngageMINT.

12. Changes to Terms

EngageMINT may revise these Terms at any time by updating this page. Your continued use of the Service after any such changes have been made constitutes your acceptance of the new Terms.

13. Entire Agreement

These Terms, together with EngageMINT's Privacy Policy, constitute the entire agreement between you and EngageMINT regarding the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and EngageMINT.

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