Terms of Service
Matchless Marketing LLC Effective Date: 2026-04-28 Last Updated: 2026-04-28
These Terms of Service ("Terms") form a legally binding agreement between you ("Customer," "you," or "your") and Matchless Marketing LLC, a Michigan limited liability company ("Matchless Marketing," "we," "us," or "our"). They govern your access to and use of our websites, applications, AI-powered tools, software, digital products, subscriptions, and consulting services (collectively, the "Services").
By creating an account, completing a purchase, accessing the Services, or clicking "I agree," you confirm that you have read, understood, and accepted these Terms. If you do not agree, do not access or use the Services.
1. Eligibility and Account Registration
1.1 Eligibility
You must be at least 18 years old and capable of forming a legally binding contract under the laws of your jurisdiction. If you are accessing the Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
1.2 Account Information
You agree to provide accurate, current, and complete information during registration and to keep that information updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.
1.3 One Account Per User
Unless otherwise authorized in writing, accounts are personal and non-transferable. Sharing access credentials with third parties is prohibited.
2. Description of Services
Matchless Marketing offers the following categories of Services. Specific deliverables, pricing, and features for each Service are described at the point of purchase.
2.1 Recurring Subscriptions
Ongoing access to software, AI tools, content, communities, or other subscription-based offerings billed on a recurring monthly or annual cycle.
2.2 Digital Products
One-time purchases of digital goods including but not limited to courses, downloads, prompt libraries, templates, ebooks, audio, video, and other digital files.
2.3 AI-Powered Tools and Applications
Software that uses artificial intelligence, machine learning, or large language model technology to generate output based on user inputs. AI Services are subject to additional terms in Section 7.
2.4 Consulting and Professional Services
Custom engagements including coaching, strategy, done-for-you work, advisory, or other professional services delivered under a separate scope of work or statement of work, which is incorporated by reference into these Terms.
3. Payment, Billing, and Taxes
3.1 Payment Processor
All payments are processed through Stripe, Inc. ("Stripe"). By submitting payment information, you agree to Stripe's Terms of Service and Privacy Policy. We do not store full payment card numbers on our servers.
3.2 Authorization
You authorize us and our payment processor to charge the payment method on file for all fees, including taxes, applicable to your purchases.
3.3 Recurring Billing
If you purchase a subscription, you authorize us to automatically charge your payment method on the recurring billing cycle disclosed at checkout (monthly, annually, or as specified). Subscriptions automatically renew at the end of each billing period at the then-current rate until canceled.
3.4 Pricing Changes
We may change subscription pricing at any time. Changes will not affect your current billing cycle, and we will provide at least thirty (30) days' notice before the change takes effect on your next renewal.
3.5 Taxes
Prices do not include applicable taxes unless explicitly stated. You are responsible for all sales, use, value-added, or other applicable taxes, except for taxes on our net income.
3.6 Failed Payments
If a payment fails, we may suspend or terminate your access until payment is successfully completed. We may retry failed payments at our discretion.
3.7 Currency
All prices are listed in United States Dollars (USD) unless otherwise stated.
4. Cancellation and Refunds
4.1 Cancellation
You may cancel a subscription at any time through your account dashboard or by contacting us at [email protected]. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of that period.
4.2 No Automatic Refunds
All sales are final. Fees paid for digital products, subscriptions, AI Services, and consulting engagements are non-refundable except where required by applicable law or as expressly granted by us in writing.
4.3 Discretionary Refunds
We may, in our sole and absolute discretion, issue partial or full refunds on a case-by-case basis. The granting of any refund does not obligate us to issue refunds in any other circumstance and does not waive this Section 4.
4.4 Chargebacks
If you initiate a chargeback or payment dispute without first contacting us to attempt resolution, we may suspend or terminate your account and pursue any amounts owed, including reasonable costs of collection.
4.5 Statutory Rights
Nothing in this Section limits any statutory rights you may have under applicable consumer protection laws in your jurisdiction.
5. License and Intellectual Property
5.1 Our Intellectual Property
The Services, including all software, AI models, content, designs, logos, trademarks, documentation, and underlying technology, are owned by Matchless Marketing or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
5.2 License to You
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business use during the term of your subscription or as otherwise specified at the point of purchase.
5.3 Restrictions
You agree not to:
(a) copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Services; (b) reverse engineer, decompile, or attempt to derive source code from any software; (c) use the Services to build or train competing products or AI models; (d) remove or obscure proprietary notices; (e) scrape, crawl, or use automated means to extract data from the Services without express written permission; (f) resell, redistribute, or share access to the Services with parties not authorized under your subscription.
5.4 Feedback
If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without restriction or compensation.
6. User Content and Inputs
6.1 Definitions
"User Content" means any text, prompts, data, files, images, audio, video, or other materials you submit, upload, or generate through the Services.
6.2 Ownership
You retain ownership of your User Content. You represent and warrant that you have all rights necessary to submit User Content and that doing so does not violate any law or third-party right.
6.3 License to Us
You grant Matchless Marketing a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, reproduce, modify, and process your User Content solely as necessary to operate, provide, secure, and improve the Services and to comply with legal obligations.
6.4 Responsibility
You are solely responsible for your User Content and the consequences of submitting it. We do not endorse User Content and expressly disclaim liability for it.
6.5 Removal
We reserve the right (but have no obligation) to review, refuse, modify, or remove any User Content that we believe violates these Terms, applicable law, or our policies.
7. AI Services: Additional Terms
This Section 7 applies in addition to the rest of these Terms when you use any AI-powered tools or applications.
7.1 Nature of AI Output
AI-generated output ("Output") is produced by automated systems using probabilistic models. Output may contain inaccuracies, errors, omissions, biases, or content that is offensive, misleading, or inappropriate. Output should not be relied upon as a sole source of truth.
7.2 No Professional Advice
Output does not constitute legal, medical, financial, tax, accounting, psychological, or other professional advice. You should consult qualified professionals before acting on any Output. Matchless Marketing disclaims all liability for decisions made based on Output.
7.3 Verification Responsibility
You are solely responsible for reviewing, validating, and verifying the accuracy and appropriateness of any Output before use. Use of Output is at your own risk.
7.4 Ownership of Output
To the extent we have any rights in Output generated specifically in response to your inputs, we assign those rights to you, subject to your compliance with these Terms and any underlying restrictions imposed by third-party AI providers we use to deliver the Service.
7.5 Non-Unique Output
You acknowledge that AI systems may generate similar or identical Output for different users. We make no representation that Output is unique to you, and you may not claim exclusivity over Output of a kind that other users could plausibly receive.
7.6 Third-Party AI Providers
The Services may incorporate AI models or APIs provided by third parties (including but not limited to OpenAI, Anthropic, Google, and others). Your use of those underlying models may be subject to the providers' usage policies, which we may pass through to you. You agree to comply with applicable third-party usage policies.
7.7 Prohibited AI Uses
In addition to Section 8, you may not use AI Services to:
(a) generate content that infringes intellectual property, defames a person, or violates privacy; (b) impersonate any person or entity in a deceptive manner; (c) generate sexual content involving minors or any other illegal content; (d) generate content intended to deceive, defraud, manipulate, or harm individuals; (e) develop weapons, malware, surveillance tools, or other harmful technologies; (f) make automated decisions about individuals that produce legal or similarly significant effects without appropriate human review and disclosure; (g) violate any applicable AI regulation, including but not limited to the EU AI Act.
8. Acceptable Use
You agree not to use the Services to:
(a) violate any applicable law, regulation, or third-party right; (b) transmit malware, viruses, or other harmful code; (c) interfere with, disrupt, or compromise the security or integrity of the Services; (d) engage in unauthorized access, including by exploiting vulnerabilities or bypassing access controls; (e) harass, threaten, defame, or harm any person; (f) send spam or unsolicited communications; (g) collect or harvest personal information about other users; (h) misrepresent your identity or affiliation; (i) use the Services in any manner that could damage, disable, overburden, or impair the Services.
We reserve the right to investigate and take appropriate action, including suspension or termination, against violators.
9. Consulting Services
9.1 Scope
Consulting engagements are governed by a separate written scope of work, statement of work, or engagement letter ("SOW") that describes deliverables, timelines, fees, and payment schedules. The SOW is incorporated into these Terms by reference. In the event of a conflict between the SOW and these Terms, the SOW controls.
9.2 No Guarantee of Outcome
Consulting Services are provided on a best-efforts basis. We do not guarantee any specific business, financial, marketing, or other outcome.
9.3 Cooperation
Timely and accurate cooperation from you is required for us to deliver consulting Services. Delays caused by your failure to provide information, decisions, or materials may affect timelines and fees.
9.4 Deliverables
Unless otherwise specified in the SOW, you receive a perpetual, non-exclusive license to use deliverables for your own internal business purposes. Methodologies, frameworks, templates, tools, and underlying know-how remain our property.
10. Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy at https://www.matchless-marketing.com/privacy to understand how we collect, use, and protect your information.
11. Disclaimers
11.1 As Is
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
11.2 Disclaimed Warranties
We expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, uninterrupted access, security, and freedom from errors, viruses, or harmful components.
11.3 No Guarantee of Results
We do not warrant that the Services will meet your requirements, that they will operate without interruption, or that any results, output, or content will be accurate, complete, or suitable for your purposes.
11.4 Third-Party Services
We are not responsible for the availability, accuracy, content, products, or services of third parties, including third-party AI providers, payment processors, hosting providers, or any websites linked from the Services.
12. Limitation of Liability
12.1 Cap on Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MATCHLESS MARKETING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
12.2 Excluded Damages
IN NO EVENT WILL MATCHLESS MARKETING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Basis of the Bargain
The limitations in this Section 12 are a fundamental element of the basis of the bargain between you and Matchless Marketing and apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise.
12.4 Jurisdictional Limits
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the smallest extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Matchless Marketing, its officers, directors, employees, affiliates, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) your access to or use of the Services; (b) your User Content or any Output you publish, distribute, or rely upon; (c) your violation of these Terms; (d) your violation of any applicable law or third-party right; (e) any dispute between you and a third party arising from your use of the Services.
We reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with our defense.
14. Term and Termination
14.1 Term
These Terms remain in effect while you have an account or use the Services.
14.2 Termination by You
You may terminate your account at any time by canceling your subscription and discontinuing use of the Services.
14.3 Termination by Us
We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms, fraudulent activity, non-payment, or risk to other users or the Services.
14.4 Effect of Termination
Upon termination, your right to access the Services ends immediately. Sections that by their nature should survive termination will survive, including Sections 5, 6, 7.4, 11, 12, 13, 14.4, 15, 16, and 17.
14.5 No Refund on Termination for Cause
If we terminate your account for breach of these Terms, you are not entitled to a refund of any prepaid fees.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 Informal Resolution
Before initiating any formal proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least sixty (60) days.
15.3 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in or near Grand Rapids, Michigan, or by video conference at the arbitrator's discretion. The arbitrator's award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
15.4 Class Action Waiver
YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
15.5 Exceptions to Arbitration
Either party may seek injunctive or equitable relief in a court of competent jurisdiction for intellectual property infringement or unauthorized access to the Services, and either party may bring an individual claim in small claims court if eligible.
15.6 Opt Out
You may opt out of the arbitration agreement in Section 15.3 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms.
15.7 Time Limit
Any claim must be filed within one (1) year after the cause of action arises, or it is permanently barred, except where applicable law prohibits a shorter limitation period.
16. International Customers
16.1 Global Availability
The Services are available globally. By accessing the Services from outside the United States, you agree that any data you provide may be transferred to and processed in the United States.
16.2 Local Compliance
You are responsible for compliance with all laws applicable to you in your country of residence.
16.3 Export Controls
You may not use, export, or re-export the Services in violation of United States export laws or any other applicable laws.
16.4 EU and UK Users
If you reside in the European Economic Area, the United Kingdom, or Switzerland, additional rights regarding your personal data are described in our Privacy Policy.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any applicable SOW or order form, constitute the entire agreement between you and Matchless Marketing regarding the Services and supersede any prior agreements.
17.2 Changes to These Terms
We may modify these Terms at any time. If we make material changes, we will provide notice by email or through the Services at least thirty (30) days before the changes take effect, except where immediate changes are required by law or to address security risks. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance.
17.3 Severability
If any provision is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
17.4 No Waiver
Our failure to enforce any provision is not a waiver of our right to enforce it later.
17.5 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
17.6 Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or third-party service failures.
17.7 Relationship
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Matchless Marketing.
17.8 Notices
We may provide notices by email to the address associated with your account or by posting in the Services. You may send notices to us at [email protected] or by mail to our address listed below.
17.9 Headings
Section headings are for convenience only and do not affect interpretation.
17.10 Contact
Questions about these Terms should be sent to:
Matchless Marketing LLC 3813 Ryan Woods Cir, Allegan, MI 49010 Email: [email protected] Website: https://www.matchless-marketing.com
By using the Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.