MaloneCo Marketing

Terms of Service & End User License Agreement (EULA)

Last Updated: December 1, 2025

Welcome, and thank you for your interest in MaloneCo Marketing (“MaloneCo,” “we,” “us,” or “our”) and our services made available to you (“you,” “your,” or “Client”) through our website (the “Website” or “Site”) and our white-labeled software platform, tools, dashboards, and applications (the “Platform”).

The Website and Platform together constitute our services (the “Services”).

These Terms of Service and End User License Agreement (the “Terms”) are a legally binding contract between you and MaloneCo regarding your use of the Services.

Please read these Terms carefully. By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

Certain areas of the Services may be subject to additional terms presented at the time of use (including third-party provider terms). If there is a conflict, those additional terms control for that specific feature.

IMPORTANT PLATFORM NOTICE

MALONECO PROVIDES A BUSINESS PLATFORM AND MARKETING/TECH SERVICES THAT ENABLE BUSINESSES TO BUILD WEBSITES, MANAGE LEADS, COMMUNICATE WITH CONTACTS, RUN AUTOMATIONS, AND TRACK CUSTOMER INTERACTIONS. MALONECO IS NOT A PARTY TO ANY AGREEMENT BETWEEN YOU AND YOUR CUSTOMERS OR LEADS. YOU ARE SOLELY RESPONSIBLE FOR YOUR BUSINESS PRACTICES, OFFERS, CLAIMS, MESSAGING, AND COMPLIANCE WITH ALL LAWS.

IMPORTANT DISPUTE NOTICE

PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED.

End User License Agreement (EULA)

MaloneCo grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform solely for your internal business purposes, subject to these Terms.

This license may be revoked at any time if you violate these Terms, misuse the Services, attempt to reverse engineer, interfere with Platform operations, distribute abusive content, or engage in prohibited conduct.

If you do not agree to these Terms, do not use the Platform. If you previously installed or accessed any MaloneCo tools, you must stop using them and discontinue access.

1. Eligibility

By using the Services, you represent that you are at least 18 years old and legally able to enter into a binding contract. If you are using the Services on behalf of a business, you represent you have authority to bind that business to these Terms.

2. Description of Services

a. The Services include:

MaloneCo systems, procedures, processes, automations, templates, and technologies; and

Any websites, software, applications, dashboards, CRM features, funnels, messaging tools, and other content we make available.

b. Any modifications, upgrades, new features, or added tools are also subject to these Terms.

c. We reserve the right to modify, suspend, or discontinue any part of the Services at any time.

d. All rights, title, and interest in the Platform and Services (including intellectual property rights) remain exclusively with MaloneCo or our licensors.

3. White-Label & Third-Party Providers

MaloneCo operates using white-label and third-party technology providers (including GoHighLevel and integrated service vendors). You acknowledge and agree that:

Third-party providers may change features, pricing, availability, or performance.

We do not control third-party infrastructure.

We are not responsible for outages or changes beyond our reasonable control.

4. Your Access and Use

a. Your access is personal to your account and may not be transferred or sublicensed.

b. You agree to use the Services only for lawful purposes and in compliance with these Terms and our Privacy Policy.

c. Prohibited Actions: You may not:

Sell, rent, lease, sublicense, or commercially exploit the Platform except as expressly permitted;

Reverse engineer, decompile, disassemble, or attempt to extract source code;

Use the Platform to build or launch a competing service;

Copy, reproduce, or republish the Platform or templates without written permission;

Use bots, scrapers, or automated tools to access or monitor the Services;

Interfere with Platform functionality or security; or

Upload malware, viruses, spyware, or destructive code.

d. We may suspend or terminate your access if we believe your actions violate these Terms, harm the Platform, or create legal risk.

5. Onboarding, Client Setup, and Account Activation

Once you complete our onboarding process and submit initial payment, your account, software setups, and custom builds are immediately initiated.

6. Payments, Billing, and Subscriptions

a. Advance Payment: Fees are due in advance unless stated otherwise in writing.

b. Subscriptions: Monthly subscriptions automatically renew unless canceled in accordance with Section 12 (Cancellation).

c. Setup & Subscription Fees: Setup fees and subscription charges are non-refundable once billed.

7. Payment Failures and Account Suspension

Once clients are onboarded and submit payment, ongoing access is contingent upon successful payment processing. If a payment fails:

Retry Process: We will attempt to retry processing the payment up to four (4) times over a three (3) week period.

Immediate Suspension: If the outstanding balance remains unpaid forty-eight (48) hours after the initial failed payment attempt, your Account and access to the Platform may be immediately suspended until the balance is paid in full.

Account Termination: If the balance remains unpaid for thirty (30) days, we reserve the right to terminate your Account and delete or archive your Client Content, data, and configurations as described in Section 13.

Continuing Obligation: Account suspension or termination does not relieve you of your obligation to pay any accrued and outstanding fees or balances owed to MaloneCo.

8. No Refund Policy

All payments made to MaloneCo Marketing are final and non-refundable. This includes subscription fees, setup fees, usage charges, and prepaid commitments. By signing up and completing onboarding, you acknowledge and agree that our products and Services are custom-built, immediately initiated upon payment, and non-reversible once delivery begins.

9. No Chargebacks

You agree not to initiate a chargeback or payment dispute with your credit card company or bank for Services rendered. Filing a chargeback constitutes a material breach of these Terms. In the event of a chargeback attempt, MaloneCo reserves the right to:

Submit evidence of contract acceptance, onboarding completion, Platform usage logs, and delivery documentation to your card issuer or banking institution.

Immediately suspend or terminate your Account and Platform access.

Pursue legal recovery of the disputed amount plus all associated chargeback penalties, legal fees, collection costs, and administrative fees.

10. Messaging, SMS, Email, and Compliance

If you use MaloneCo messaging tools (SMS, email, ringless voicemail, or automations), you agree that:

You will obtain proper explicit consent/opt-in before contacting individuals.

You will comply with all applicable local, state, and federal laws including TCPA and CAN-SPAM.

You will not send unsolicited spam or deceptive messages.

Carrier fees and usage costs incurred are your responsibility.

MaloneCo is not liable for your misuse of messaging tools or failure to obtain legal messaging consent.

11. Privacy, Personal Information, and Data Access

a. Our data practices are described in our Privacy Policy available on the Site.

b. Limited License to Operate: To provide the Services, you grant MaloneCo a limited, non-exclusive license to host, store, transmit, process, and display the data you upload or generate through the Platform solely to the extent needed to deliver the Services.

c. Data Backups: You are solely responsible for maintaining backup copies of your business and customer data. We are not liable for data loss resulting from your failure to export or back up your information.

12. Cancellation

You may cancel your Subscription at any time through the Platform settings or by sending a written cancellation request via email to customer support at [email protected].

Cancellation becomes effective at the end of your current 30-day billing cycle, and you will not be charged thereafter. Early cancellation does not entitle you to a refund of any prepaid amounts or the unused portion of a prepaid term.

13. Suspension and Termination

a. We reserve the right to suspend or terminate your access to the Platform at any time for non-payment, material breach of these Terms, or unlawful conduct.

b. Upon termination of your account, your right and license to use the Platform cease immediately.

c. Following termination, we reserve the right to permanently archive or delete your account data, configurations, and Client Content according to operational needs and third-party platform capabilities.

14. Accounts and Registration

You agree to provide accurate, current, and complete information during registration. You are responsible for all activity under your account credentials and must keep your login details strictly confidential.

15. Information Accuracy & Marketing Disclaimers

We do not guarantee that information, templates, training materials, or platform tools will guarantee specific business or marketing outcomes. Marketing results involve risk, testing, platform changes, and third-party algorithms.

16. Service Interruptions

The Services may be interrupted periodically due to scheduled maintenance, software updates, unexpected outages, or third-party infrastructure failures. You agree that MaloneCo is not liable for any downtime, service delays, or consequential interruptions.

17. Third-Party Links and Services

The Platform may contain links to or integrations with third-party software products. We do not control and are not responsible for third-party performance, terms, or policies. Your use of third-party tools is at your own risk.

18. Electronic Communications & Transactions

By using the Services, you consent to receive communications from us electronically, including notices, statements, billing receipts, and transactional messages. Electronic communications satisfy all legal requirements for written notice.

19. Prohibited Content and Acceptable Use

You may not use the Services to create, promote, or distribute:

Illegal, fraudulent, or deceptive content;

Harassing, hateful, or violent material;

Pornographic or sexually explicit content;

Software viruses, malware, or destructive code; or

Content violating third-party intellectual property or privacy rights.

We reserve the right to immediately remove non-compliant content or terminate offending accounts.

20. Disclaimers; No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MALONECO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC REVENUE, LEADS, OR OUTCOMES FROM OUR MARKETING, AUTOMATION, OR SEO PLATFORM FEATURES.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALONECO MARKETING SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.

IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO MALONECO IN THE THIRTY (30) DAYS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

22. Indemnification

You agree to defend, indemnify, and hold harmless MaloneCo Marketing, its officers, directors, contractors, and partners against any claims, liabilities, damages, or expenses arising out of:

Your use or misuse of the Services;

Your campaigns, messaging content, offers, or customer interactions;

Your violation of any applicable laws (including marketing and messaging regulations); or

Your violation of third-party intellectual property or privacy rights.

23. Dispute Resolution; Binding Arbitration; Class Action Waiver

a. Informal Resolution First: You agree to contact us in writing at [email protected] and attempt to resolve any dispute informally before pursuing formal legal action.

b. Binding Arbitration: Any dispute arising out of or related to these Terms or the Services shall be resolved through final and binding individual arbitration, rather than in court, except for qualified small claims matters.

c. No Class Actions: YOU AND MALONECO AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

d. Governing Law: These Terms are governed by and construed under the laws of the State of Ohio, without regard to conflict of law principles.

24. Changes to These Terms

We reserve the right to modify these Terms at any time by updating this document on our Site. Continued access or use of the Services following posted updates constitutes your binding acceptance of the revised Terms.

25. Miscellaneous

Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision shall not constitute a waiver of future enforcement.

Survival: Terms that by their nature should survive termination (including payment obligations, indemnification, disclaimers, and dispute resolution) will survive account closure.

26. Contact Information

MaloneCo Marketing

Email: [email protected]

Website: https://www.maloneco.us