Welcome and thank you for your interest in Massic, a service operated and owned by Kanahiku LLC ("Massic", "we", "us", or "our"). This Terms of Service Agreement ("Terms of Service" or "Agreement") describes the terms and conditions that apply to your use of (i) any Massic websites and their subdomains (collectively, the "Website"), (ii) any mobile applications that we offer (each, an "Application"), and (iii) the products, services, content, and other resources available or enabled via our Website or any Application, including our B2B software-as-a-service platform for organic marketing analysis, data storage, and marketing optimization tools, integrations, APIs, and documentation (collectively, with our Applications and Website, the "Service").

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR BROWSING THE WEBSITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MASSIC, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

IF YOU SUBSCRIBE TO THE SERVICE FOR A TERM (THE "INITIAL TERM"), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT MASSIC'S THEN-CURRENT FEE UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 7 (SUBSCRIPTION AND BILLING) BELOW.

1. Use of the Service

The Service and the information and content available through the Service are protected by copyright and other intellectual property laws. Unless subject to a separate license agreement between you and Massic, your right to access and use the Service is subject to this Agreement.

2. Application License

Subject to your compliance with this Agreement, Massic grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Applications on devices that you own or control solely for your internal business purposes.

3. Service Updates

Massic may provide modifications, updates, or enhancements to the Service at its discretion. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without liability.

4. Account Registration and Security

Registration Requirements

To access certain features of the Service, you must register for an account ("Account"). When registering for and maintaining an Account, you must provide accurate, current, and complete information. You are responsible for maintaining the security of your Account credentials and for any activity that occurs under your Account.

Enterprise Accounts

For enterprise customers, we offer workspace collaboration features. The initial registered user who creates an enterprise Account will be designated as the administrator ("Admin") and will have the ability to create and manage user accounts within their workspace. The Admin is responsible for all activities within their workspace and managing user access rights.

Account Restrictions

You agree not to:

• Share your Account or password with anyone
• Create an Account using false information
• Create multiple Accounts
• Access the Service if previously removed or banned
• Create an Account on behalf of another person without authorization

5. User Content and Data Rights

Your Content

You retain all rights to data and content you submit to the Service ("Your Content"). By using the Service, you grant Massic a worldwide, non-exclusive, royalty-free license to host, store, transfer, display, perform, reproduce, modify, and distribute Your Content solely for purposes of providing and improving the Service.

Data Storage and Security

While we implement reasonable security measures, we do not guarantee the security or availability of Your Content. You are responsible for maintaining backups of Your Content. We may establish reasonable limits on storage space and data retention periods.

Usage Data

We may collect and use data about your use of the Service, including analytics, logs, and aggregated data, to operate and improve our services. Such usage data is owned by Massic.

6. Intellectual Property Rights

Massic Property

The Service, including all software, algorithms, designs, graphics, interfaces, data models, trade secrets, and enhancements, is owned by Massic and protected by intellectual property laws. Nothing in this Agreement transfers any ownership rights to you.

Feedback

If you provide suggestions or feedback about the Service, you grant Massic a perpetual, irrevocable, worldwide license to use such feedback without compensation or attribution.

7. User Conduct

You agree not to:

• Use the Service for any illegal purpose
• Interfere with the operation of the Service
• Attempt to gain unauthorized access
• Upload malicious content or viruses
• Violate any third-party rights
• Engage in unauthorized automated access
• Use the Service to develop or assist in developing competing products or services
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Service
• Remove proprietary notices or labels
• Use the Service to generate or disseminate harmful, deceptive, discriminatory, or unlawful content

8. Subscription and Billing

Fees and Payment

You shall pay all fees in accordance with the terms specified when you subscribe. Fees are non-refundable except as required by law. We use third-party payment processors, and you agree to their terms of service.

Subscription Terms

Subscriptions automatically renew for the same duration. You may cancel renewal through your account settings. Price changes will be notified in advance. No refunds for partial subscription periods. Enterprise pricing available upon request.

Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, including sales tax and withholding tax.

9. Term and Termination

Term

We may terminate or suspend your access:

• For breach of these Terms
• For non-payment
• If required by law
• At our reasonable discretion with notice

Effect of Termination

Upon termination:

• All rights and licenses terminate
• You must cease using the Service
• You may export your data within 30 days
• We may delete your data after 90 days

10. Warranties and Disclaimers

Limited Warranty

We warrant that the Service will perform substantially as described under normal use.

AI-Generated Content Disclaimer

The Service may generate strategies, recommendations, or outputs using artificial intelligence and multiple data sources. Massic does not guarantee the accuracy, completeness, legality, or effectiveness of such outputs. All use of outputs is at your sole risk, and you are solely responsible for reviewing, validating, and implementing them.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

11. Limitation of Liability

In no event shall Massic be liable for any indirect, incidental, special, consequential, punitive damages, or any loss of profits, revenue, or data, arising out of or in connection with this Agreement, even if advised of the possibility of such damages. Massic’s total liability under this Agreement shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold Massic harmless from any claims, damages, liabilities, costs, or expenses arising from your use of the Service, Your Content, or your breach of this Agreement.

13. Third-Party Services

The Service may depend on or interoperate with third-party services, APIs, or platforms (e.g., Google). Massic is not responsible for interruptions, limitations, or changes to such services.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law principles. Any legal action or proceeding related to this Agreement shall be brought exclusively in the courts located in Honolulu, Hawaii.

15. Amendments

We may update these Terms of Service or related policies from time to time. Updates are effective upon posting at [massic.io/terms] (or successor URL). Your continued use of the Service after such posting constitutes acceptance of the updated Terms.

16. Miscellaneous

This Agreement constitutes the entire agreement between you and Massic regarding the Service. If any provision is found unenforceable, the remainder will continue in full force and effect. No waiver of any provision of this Agreement will be deemed a waiver of any other provision. You may not assign this Agreement without our consent, but we may assign it in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure caused by circumstances beyond our reasonable control.

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