These Terms & Conditions (“Terms”) govern your access to and use of MadHat Marketing websites, accounts, software products, browser extensions, web applications, hosted services and related customer services.
MadHat Marketing operates through MadHat Marketing LLC in the United States and MAD HAT MARKETING (OPC) PRIVATE LIMITED in India. The MadHat entity responsible for a transaction or customer relationship may depend on the product, seller and transaction.
By accessing or using a MadHat service, creating an account or purchasing a MadHat Product, you agree to these Terms and any additional terms that apply to the relevant Product or purchase.
1. Scope
These Terms apply to MadHat Marketing websites, customer accounts, products, purchases, subscriptions where offered, licenses, hosted services and customer-support services.
Software use is also governed by our End User License Agreement (EULA).
2. Eligibility and Accounts
You must be legally capable of entering into a binding agreement in your jurisdiction to use a MadHat account or purchase a Product. You are responsible for providing reasonably accurate account information, protecting your credentials and maintaining the security of devices used to access your account.
3. MadHat Products and Services
MadHat may provide desktop software, downloadable software, browser extensions, web applications, hosted services, dashboards, licensing services, support services and related functionality. Product features, availability and technical requirements may differ by Product and may evolve over time.
4. Purchases and Order Terms
Purchases may be made directly from MadHat or through authorized third-party marketplaces, payment processors or sales platforms. The price, license type, plan, product scope, billing period and other transaction-specific terms shown at the time of purchase form part of the applicable purchase agreement.
5. Subscriptions, One-Time Purchases and Lifetime Offers
A Product may be sold through a subscription, one-time payment, lifetime offer, promotional deal or another licensing model. The applicable model is the one identified at the time of purchase.
Unless an offer expressly states otherwise, a “lifetime” license refers to continued use of the applicable Product while that Product remains available and supported by MadHat, subject to the EULA, these Terms and the original purchase terms.
6. Taxes and Charges
Prices may be subject to applicable taxes, duties or other charges depending on your location and the method or platform through which a purchase is processed.
7. Software Licenses
MadHat software is licensed, not sold. Your right to install, access or use a Product is governed by the EULA and any product-specific or purchase-specific terms.
8. Acceptable Use
You must use MadHat websites, accounts and Products lawfully and in accordance with applicable terms.
- Do not attempt unauthorized access to MadHat systems or another user's account.
- Do not circumvent licensing, access or technical restrictions.
- Do not distribute malware or intentionally disrupt MadHat infrastructure.
- Do not use stolen, false or unauthorized credentials.
- Do not resell or redistribute access unless expressly authorized.
- Do not use a Product for unlawful activity.
9. Third-Party Platforms and Services
Some MadHat Products depend on or interact with third-party websites, browsers, browser stores, APIs, hosting providers, payment processors or platforms such as Google or YouTube. MadHat does not control those services and cannot guarantee their continued availability, compatibility, policies, interfaces or data access.
10. User Content and Saved Data
Where a MadHat Product allows you to upload, save, organize or process your own content or information, you retain your rights in that material. You are responsible for ensuring that you have the rights needed to submit or process it.
11. Intellectual Property
MadHat Marketing and its licensors retain all rights in MadHat websites, Products, software, source code, compiled code, designs, interfaces, documentation, branding, trademarks, product names, graphics and other proprietary materials.
12. Support
Support requests may be submitted through MadHat Contact Support.
13. Refunds
Refund eligibility is governed by the applicable purchase terms and our Refund Policy. Where a Product is sold through a third-party marketplace or seller, that provider's applicable refund procedure may also apply.
14. Availability, Maintenance and Product Changes
MadHat may maintain, update, modify or improve its websites and Products and may change or remove features where reasonably necessary for security, compatibility, performance, product development or business reasons. We do not guarantee uninterrupted or error-free availability of every service or feature.
15. Product Discontinuation
MadHat may discontinue a Product where continued operation is no longer commercially, technically or legally practical. Where practical, we may provide advance notice of material discontinuation.
16. Suspension and Termination
MadHat may suspend or terminate access where reasonably necessary because of material breach of these Terms or the EULA, fraud, security risk, unlawful activity, license abuse, unauthorized distribution or non-payment where continued payment is required.
17. Privacy
Our handling of personal information is described in the Privacy Policy.
18. No Guarantee of Business Results
MadHat Products are tools intended to assist with research, organization, analysis, automation and related workflows. MadHat does not guarantee revenue, profitability, advertising performance, traffic, conversions, rankings or other business results.
19. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADHAT WEBSITES, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Nothing in these Terms excludes rights or warranties that cannot legally be excluded.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICABLE MADHAT MARKETING ENTITY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE A MADHAT WEBSITE, PRODUCT OR SERVICE.
To the maximum extent permitted by law, MadHat's aggregate liability arising from a Product, service or transaction will not exceed the amount paid for the applicable Product or service during the twelve months preceding the event giving rise to the claim.
21. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold the applicable MadHat Marketing entity harmless from third-party claims arising from your unlawful use of a MadHat Product or service, your material breach of these Terms or your infringement of another person's rights.
22. Consumer Rights
Nothing in these Terms is intended to waive or restrict mandatory rights that cannot legally be waived under applicable consumer-protection law.
23. Governing Law and Disputes
The law and dispute-resolution rules applicable to a transaction may depend on the MadHat entity responsible for that transaction, any purchase-specific terms and mandatory law applicable to the customer.
24. Changes to These Terms
MadHat may update these Terms when our Products, services, business practices or legal requirements change. Material changes may be communicated through our website, Product, account interface or another reasonable method where appropriate.
25. Severability and No Waiver
If a provision of these Terms is found unenforceable, the remaining provisions will continue in effect. Failure to enforce a provision does not waive the right to enforce it later.
26. Assignment
You may not assign or transfer your rights where doing so would transfer a non-transferable Product license or account entitlement without MadHat's permission. MadHat may assign these Terms as part of a merger, acquisition, reorganization, sale of assets or similar transaction, subject to applicable law.
27. Entire Agreement
These Terms, together with the applicable EULA, Privacy Policy, Refund Policy, product-specific terms and purchase terms, constitute the agreement governing the applicable MadHat relationship.
Company Information and Contact
MadHat Marketing operates through registered business entities in the United States and India.
MadHat Marketing LLC
1309 Coffeen Avenue, STE 1200
Sheridan, Wyoming 82801
United States
MAD HAT MARKETING (OPC) PRIVATE LIMITED
CIN: U72900TZ2020OPC034089
Registration No.: 34089
Registered Office:
62/12, Pamparpuram,
S/O N. Govindaraj,
22/G/0642084, Kodaikanal,
Vattakanal Rd,
Dindigul, Tamil Nadu 624101
India
Questions or requests may be submitted through MadHat Contact Support.