This End User License Agreement (“EULA” or “Agreement”) is a legal agreement between you (“you,” “your,” or “User”) and the MadHat Marketing entity acting as the seller, licensor or service provider for the applicable MadHat Product.
MadHat Marketing operates through MadHat Marketing LLC in the United States and MAD HAT MARKETING (OPC) PRIVATE LIMITED in India.
By downloading, installing, activating, accessing or using a MadHat Product, you agree to be bound by this Agreement. If you do not agree, do not install, access or use the applicable Product.
1. MadHat Products
For purposes of this Agreement, “MadHat Product” or “Software” includes software and technology made available by MadHat Marketing, including where applicable:
- desktop applications;
- downloadable software;
- Chrome extensions and other browser extensions;
- web applications;
- hosted or cloud-based software;
- customer dashboards and portals;
- software components and supporting services;
- updates, upgrades and new versions;
- associated documentation; and
- related functionality supplied as part of a MadHat Product.
This Agreement applies to current and future MadHat Products unless a particular Product is supplied under separate terms that expressly replace or supplement this Agreement.
2. License Grant
Subject to your compliance with this Agreement and any applicable purchase or licensing terms, MadHat grants you a limited, non-exclusive, non-transferable and revocable right to access and use the applicable MadHat Product for its intended purpose.
The Software is licensed, not sold.
Your license does not transfer ownership of the Software, source code, design, underlying technology, trademarks, documentation or other intellectual property to you.
The rights associated with your purchase may depend upon the license, plan, package or offer through which you obtained the Product.
3. Licenses, Purchases and Entitlements
Your right to use a MadHat Product may be associated with one or more of the following:
- your MadHat account;
- your email address;
- a license key;
- an activation record;
- a purchase transaction;
- a subscription;
- a lifetime license;
- a promotional or special-offer license;
- an authorized number of users or devices; or
- another entitlement recorded by MadHat.
You may not circumvent, disable, manipulate or interfere with license verification, activation systems, entitlement controls or access restrictions.
Unless an applicable offer expressly states otherwise, a license described as “lifetime” remains subject to this Agreement and to the continued availability of the applicable Product.
Specific terms presented at the time of purchase may supplement this Agreement.
4. User Accounts
Some MadHat Products require a user account. You are responsible for maintaining the confidentiality of your login credentials and for reasonably securing the devices through which you access your account.
You agree to provide reasonably accurate account information and to notify MadHat if you believe your account or credentials have been compromised.
You may not sell, rent or transfer your MadHat account or knowingly provide unauthorized access to another person.
5. Desktop and Downloadable Applications
Where a MadHat Product is provided as desktop or downloadable software, you may install and use the Software only in accordance with the license associated with your purchase.
You may not:
- make unauthorized copies of the Software;
- distribute the Software to third parties;
- publish or make installation files publicly available;
- bypass activation or licensing controls;
- sublicense the Software unless expressly authorized;
- reverse engineer, decompile or disassemble the Software except to the limited extent such restriction is prohibited by applicable law;
- modify the Software for the purpose of creating an unauthorized competing or derivative product.
6. Browser and Chrome Extensions
Some MadHat Products may operate as Chrome extensions or extensions for other browsers.
Browser extensions may require permissions necessary to provide their intended functionality. Depending upon the Product, those permissions may allow the extension to interact with webpages, supported websites, page content, browser tabs, browser storage, local storage or other browser functionality.
MadHat uses such permissions for purposes related to providing, maintaining, securing or improving the applicable Product as described in the Product, accompanying documentation and our Privacy Policy.
Browser extensions depend in part upon browsers, browser stores and third-party websites that MadHat does not control.
Changes made by Google, Chrome, YouTube, browser providers, APIs or third-party platforms may affect whether particular extension features continue to operate as originally designed.
MadHat does not guarantee indefinite compatibility with every browser version, website, API or third-party platform.
7. Web Applications and Hosted Services
Certain MadHat Products may be provided through hosted web applications or cloud-based services.
Access may depend upon an active account, an applicable license or entitlement, internet connectivity, browser compatibility, third-party infrastructure and continued availability of the applicable service.
MadHat may update, modify, improve or replace features as Products evolve.
Reasonable technical or usage limits may be applied where necessary to protect the service, prevent abuse, maintain performance or enforce the applicable license.
8. Updates and Changes
MadHat may release updates, improvements, bug fixes, compatibility changes, security fixes or other modifications.
Updates may add functionality, remove obsolete functionality, change interfaces or workflows, respond to third-party platform changes or improve security and performance.
Some updates may be required in order to continue using a Product.
Nothing in this Agreement requires MadHat to maintain every feature indefinitely.
9. Third-Party Platforms and Services
MadHat Products may interact with or depend upon third-party websites, platforms, browsers, services, APIs or data sources.
These may include services operated by Google, YouTube and other third parties.
MadHat does not own or control those third-party services.
Your use of a third-party service remains subject to that provider's own terms, policies and technical restrictions.
MadHat is not responsible for changes, interruptions, restrictions, API modifications, data availability changes or other actions taken by third-party providers outside MadHat's reasonable control.
Compatibility with or reference to a third-party platform does not imply sponsorship, endorsement or affiliation unless expressly stated.
10. Acceptable Use
You agree to use MadHat Products only for lawful purposes.
You must not use a MadHat Product to:
- violate applicable law;
- gain unauthorized access to systems or accounts;
- introduce malware or harmful code;
- intentionally disrupt MadHat infrastructure;
- circumvent technical usage limits;
- evade licensing or account restrictions;
- use stolen or unauthorized credentials;
- impersonate another person or organization;
- resell Product access unless expressly authorized;
- obtain information in a manner prohibited by applicable law or binding third-party terms;
- extract proprietary elements for the purpose of producing an unauthorized substantially equivalent competing product.
11. Intellectual Property
MadHat Marketing and its licensors retain all right, title and interest in and to MadHat Products, including software, source code, compiled code, interfaces, designs, databases, documentation, branding, graphics, trademarks, product names and other proprietary materials.
Except for the limited rights expressly granted under this Agreement, no intellectual property rights are transferred to you.
12. Feedback
If you voluntarily provide ideas, suggestions, feature requests or other feedback regarding a MadHat Product, MadHat may use that feedback for developing, improving and operating its Products without an obligation to compensate you.
This does not transfer ownership of material that you independently own.
13. User Data and Privacy
Use of MadHat Products may involve processing information necessary to create and operate accounts, verify licenses and entitlements, provide requested functionality, maintain security, provide customer support, process purchases and diagnose technical issues.
Our handling of personal information is governed by the MadHat Marketing Privacy Policy .
Where a Product stores information locally in your browser or device, removal of the Product, browser data or local application data may result in loss of locally stored information.
14. Customer Content
Where a MadHat Product allows you to save, upload, organize or otherwise process your own content or information, you retain your rights in that material.
You grant MadHat the limited rights reasonably necessary to process that content for purposes of operating and providing the applicable Product.
You represent that you have the necessary rights to materials you submit through a MadHat Product.
15. Availability
MadHat aims to keep its Products reasonably available but does not guarantee uninterrupted or error-free operation.
Products may occasionally be unavailable because of maintenance, updates, security issues, technical failures, hosting outages, third-party platform changes or circumstances outside MadHat's reasonable control.
16. Support
Support, where offered, is provided according to the support options available for the applicable Product or purchase.
Support requests may be submitted through: MadHat Contact Support .
The availability of support does not guarantee that every issue can be resolved, particularly where the issue results from a third-party service or platform outside MadHat's control.
17. Purchases, Payments and Refunds
Purchases may be processed directly by MadHat or through authorized third-party payment or sales platforms.
Additional terms displayed at checkout or by an authorized sales provider may apply to a particular transaction.
Refund requests are governed by the applicable purchase terms and our Refund Policy .
18. Suspension and Termination
MadHat may suspend or terminate access to a Product or account where reasonably necessary because of material violation of this Agreement, license abuse, fraud, unauthorized distribution, misuse of MadHat systems, security concerns, unlawful activity or non-payment where payment is required for continued access.
Where reasonably practical, MadHat may provide notice or an opportunity to correct a violation before termination.
Immediate action may be taken where necessary to protect users, systems, intellectual property or third parties.
Upon termination of your license, your authorization to use the affected Product ends.
19. Product Discontinuation
MadHat may discontinue a Product or service where continued operation is no longer commercially, technically or legally practical.
Where practical, MadHat may provide advance notice of a material service discontinuation.
Products that depend upon third-party APIs, browsers, websites or services may become unavailable or materially limited as a result of changes outside MadHat's control.
20. No Guarantee of Results
MadHat Products are tools intended to assist users with research, organization, analysis, automation and other workflows.
MadHat does not guarantee advertising results, revenue, profitability, traffic, conversions, rankings or other business outcomes.
You are responsible for evaluating information produced or displayed through a Product and for decisions you make based upon that information.
21. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADHAT PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
MADHAT DISCLAIMS WARRANTIES THAT MAY OTHERWISE BE IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
MadHat does not warrant that the Software will always be uninterrupted, error-free or compatible with every third-party platform.
Nothing in this Agreement excludes warranties or statutory rights that cannot legally be excluded.
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADHAT MARKETING WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE A MADHAT PRODUCT.
This may include, where permitted by law, loss of profits, revenue, business opportunities, data or goodwill.
To the maximum extent permitted by law, MadHat's aggregate liability arising from the applicable Product or this Agreement will not exceed the amount you paid for the Product giving rise to the claim during the twelve months preceding the event giving rise to the claim.
Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions these provisions apply only to the maximum extent permitted by law.
23. 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, material violation of this Agreement or infringement of another person's rights through activity performed by you using the Product.
This provision does not apply to the extent a claim results from MadHat's own unlawful conduct.
24. Compliance With Law
You are responsible for using MadHat Products in accordance with laws and regulations applicable to you.
You are also responsible for complying with applicable rules governing third-party services and platforms you choose to use together with a MadHat Product.
25. Changes to This Agreement
MadHat may update this Agreement when its Products, business practices or legal requirements change.
When changes are material, MadHat may provide notice through the website, account interface, Product or another reasonable method.
The updated Agreement will display a revised effective date.
Your continued use of a MadHat Product after an updated Agreement becomes effective constitutes acceptance to the extent permitted by applicable law.
26. Relationship to Other MadHat Terms
This EULA should be read together with other applicable MadHat policies and terms, including:
If product-specific purchase or license terms expressly conflict with this EULA, the more specific terms will govern that particular issue unless otherwise stated.
27. Governing Law and Disputes
The governing law and dispute-resolution rules applicable to your transaction will be those applicable to the MadHat Marketing entity responsible for the relevant Product or transaction, as further described in the applicable Terms & Conditions, purchase terms or mandatory law.
Nothing in this Agreement limits rights that cannot legally be waived under applicable consumer law.
28. Severability
If any provision of this Agreement is found unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.
29. No Waiver
Failure by MadHat to enforce any provision of this Agreement does not waive the right to enforce that provision later.
30. Entire Agreement
This EULA, together with applicable purchase terms, product-specific terms and MadHat policies incorporated into it, constitutes the agreement concerning your license and use of the applicable MadHat Product.
31. 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
For product, account, licensing or legal questions submitted through our customer support channel, visit Contact Support .