Terms of Service

1. Eligibility and Authority

You must be at least 18 years old to access or use the Services. If you use the Services on behalf of another person, company, or organization, you represent that you are authorized to accept these Terms on their behalf and that they will be responsible for your use of the Services.

2. Accounts, Security, and Electronic Communications

Some Services may require you to create an account or provide account information. You agree to provide accurate, current, and complete information and to update it as needed.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity that occurs under your account. You agree not to share your credentials or allow unauthorized access. You must promptly notify us if you believe your account has been compromised.

By using the Services, you consent to receive electronic communications from us, including emails, notices, invoices, receipts, account messages, program updates, policy updates, and service-related communications. You agree that electronic communications satisfy any legal requirement that communications be in writing.

3. Privacy

Please review our Privacy Policy for information about how we collect, use, disclose, and protect personal information.

4. Services and Client Content

The Services may allow you to submit, upload, send, provide, create, post, store, or share content, materials, data, contacts, campaign information, audience information, creative assets, testimonials, feedback, comments, messages, copy, images, videos, audio, brand materials, and other information ("Client Content").

As between you and The Feed Media, you retain ownership of your Client Content. You grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, host, store, adapt, publish, display, distribute, create derivative works from, and otherwise process Client Content as needed to provide, operate, improve, market, and support the Services, fulfill your requests, perform our contractual obligations, and exercise our rights under these Terms.

You represent and warrant that you have all rights, permissions, licenses, consents, and lawful bases necessary to provide Client Content to us and to allow us to use it as described in these Terms. You are responsible for the accuracy, legality, and appropriateness of Client Content.

We may remove, restrict, or refuse to use Client Content that we believe violates these Terms, infringes third-party rights, creates legal or reputational risk, or may harm the Services or another person.

5. Contact Data and Communications Compliance

If you provide us with names, email addresses, phone numbers, customer lists, subscriber lists, lead lists, social media audiences, prospect information, or other information about your customers, prospects, subscribers, followers, or business contacts ("Contact Data"), you are responsible for ensuring you have all legally required rights, notices, permissions, consents, and lawful bases to provide that Contact Data to us and to send or authorize communications to those contacts.

You agree to comply with all applicable laws and regulations relating to privacy, data protection, marketing, advertising, electronic communications, email, SMS, telemarketing, consumer protection, and unfair or deceptive practices. These laws may include the CAN-SPAM Act, Telephone Consumer Protection Act, Telemarketing Sales Rule, state privacy and marketing laws, GDPR, UK GDPR, ePrivacy rules, CASL, and other laws depending on where you and your contacts are located.

You are solely responsible for honoring unsubscribe, opt-out, deletion, access, correction, consent withdrawal, and other privacy or communication rights requests from your contacts, unless we have expressly agreed otherwise in writing.

We may suspend, restrict, reject, or terminate access to Services if we believe your Client Content, Contact Data, or communications may violate law, platform rules, carrier rules, anti-spam rules, these Terms, or third-party rights.

6. Prohibited Conduct

You agree not to, and not to assist others to:

• Use the Services for any unlawful, fraudulent, deceptive, abusive, harassing, threatening, discriminatory, or harmful purpose.
• Violate any applicable law, regulation, contract, intellectual property right, privacy right, publicity right, or other third-party right.
• Send spam, unsolicited messages, illegal telemarketing, unlawful SMS messages, or communications without required consent.
• Upload, send, or use Contact Data or Client Content without proper rights, permissions, notices, or consents.
• Impersonate another person or entity or misrepresent your affiliation with any person or entity.
• Access or use another person's account without authorization.
• Interfere with, disrupt, overload, damage, or impair the Services or another person's use of the Services.
• Attempt to bypass access controls, security measures, rate limits, filtering systems, or technical limitations.
• Reverse engineer, decompile, disassemble, scrape, crawl, copy, or extract data from the Services except as permitted by law or with our written consent.
• Introduce viruses, malware, harmful code, or other technology intended to disrupt or damage the Services.
• Use the Services to build or support a competing product or service without our written consent.
• Remove, alter, or obscure copyright, trademark, legal, attribution, or proprietary notices.
• Use the Services in any way that creates legal, operational, security, reputational, or business risk for The Feed Media.

If you believe someone is misusing the Services, please contact us at nathan@thefeedmedia.com.

7. Fees, Payments, and Subscriptions

Some Services require payment. Fees, billing periods, payment terms, deliverables, and renewal terms may be described at checkout, on an invoice, in an order form, in a proposal, in a statement of work, or in another written agreement between you and us.

If you purchase a subscription, membership, retainer, recurring service, or other recurring plan, you authorize us and our payment processors to charge your payment method on a recurring basis for the applicable fees, taxes, and charges until the subscription or recurring service is canceled or terminated in accordance with the applicable terms.

You represent that you are authorized to use any payment method you provide. If a payment cannot be processed, we may suspend or terminate access to the Services, pause work, withhold deliverables, or require an alternate payment method.

Amounts paid are non-refundable except as expressly stated in a written agreement, required by applicable law, or decided by us in our sole discretion. Late payments may result in paused services, interest, collection costs, or termination where permitted by law and applicable agreements.

8. Cancellations, Pauses, and Changes

Cancellation terms vary by Service and may be described in a checkout page, invoice, order form, statement of work, proposal, or written agreement. Unless otherwise stated in writing, cancellation does not relieve you of responsibility for fees incurred before the effective cancellation date.

Inactivity, non-use, or failure to attend a session, event, training, or call does not automatically cancel a subscription, retainer, membership, or other recurring Service.

We may offer the ability to pause certain Services in our discretion. If a Service is paused, we may retain related account information, Client Content, and Contact Data as described in our Privacy Policy and any applicable agreement.

We may change, suspend, discontinue, or modify the Services, features, pricing, or availability at any time, subject to any written commitments we have made to you.

9. Intellectual Property and Limited License

The Services and all text, graphics, images, templates, frameworks, methods, videos, audio, training materials, documents, software, code, design elements, trade names, trademarks, service marks, logos, and other materials provided by or on behalf of The Feed Media ("The Feed Media Content") are owned by or licensed to The Feed Media and are protected by intellectual property and other laws.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use The Feed Media Content solely for your personal or internal business purposes in connection with the applicable Services.

You may not copy, resell, redistribute, publicly display, publicly perform, publish, modify, create derivative works from, reverse engineer, or commercially exploit The Feed Media Content unless expressly permitted in writing. You may not remove proprietary notices or use The Feed Media Content for purposes outside the scope of the applicable Service.

10. Deliverables and Use Rights

If we create custom deliverables for you, the ownership and usage rights for those deliverables will be governed by the applicable written agreement, proposal, statement of work, invoice, or order form. If no separate written terms apply, we grant you a nonexclusive, worldwide license to use final deliverables that you have paid for in full for your internal business and marketing purposes.

Unless expressly agreed in writing, we retain ownership of our pre-existing materials, templates, methods, know-how, processes, tools, frameworks, reusable components, drafts, concepts, rejected work, and underlying intellectual property.

We may use general knowledge, skills, ideas, concepts, processes, and experience developed or learned while providing the Services, provided we do not disclose your confidential information in violation of a written confidentiality obligation.

11. Third-Party Services and Content

The Services may involve, link to, or integrate with third-party platforms, tools, software, payment processors, analytics providers, advertising platforms, social media platforms, email service providers, SMS providers, hosting providers, webinar platforms, community tools, AI tools, and other third-party services.

We do not control third-party services and are not responsible for their acts, omissions, availability, security, performance, policies, terms, or content. Your use of third-party services may be subject to separate terms and privacy policies between you and the third party.

You are responsible for maintaining any third-party accounts, permissions, platform access, API access, billing, and compliance obligations needed for us to provide the Services, unless otherwise agreed in writing.

12. Feedback

If you provide questions, comments, ideas, suggestions, testimonials, reviews, feature requests, or other feedback about The Feed Media or the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and otherwise exploit the Feedback for any lawful purpose without compensation or obligation to you.

13. Publicity

Unless you and The Feed Media agree otherwise in writing, you grant us permission to identify you or your company as a customer or client and to use your name, trade name, logo, trademarks, and general description of the Services provided in our website, portfolio, marketing materials, case studies, proposals, social media, and other publicity materials.

We will not disclose confidential business information in a public case study without your consent where required by an applicable written agreement.

14. Copyright Complaints

We respect intellectual property rights. If you believe material available through the Services infringes your copyright, please send a notice to nathan@thefeedmedia.com with enough information for us to identify the material, contact you, and evaluate the claim.

Your notice should include your physical or electronic signature, identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement that you have a good faith belief the use is not authorized, and a statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

15. Confidentiality

If either party receives non-public information from the other party that is marked confidential or should reasonably be understood to be confidential, the receiving party will use reasonable care to protect that information and will use it only to perform or receive the Services, fulfill obligations, or exercise rights under these Terms or an applicable agreement.

Confidentiality obligations do not apply to information that is publicly available without breach, already known without restriction, independently developed without use of confidential information, rightfully received from a third party without restriction, or required to be disclosed by law or legal process.

16. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless The Feed Media and its owners, officers, directors, employees, contractors, agents, partners, affiliates, and service providers from and against any claims, demands, losses, liabilities, damages, judgments, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your access to or use of the Services.
• Your Client Content, Contact Data, campaigns, communications, products, services, or business practices.
• Your violation of these Terms or any applicable agreement.
• Your violation of law or third-party rights, including intellectual property, privacy, publicity, consumer protection, or marketing rights.
• Your fraud, willful misconduct, negligence, or misuse of the Services.

We reserve the right to control the defense and settlement of any claim subject to indemnification, and you agree to cooperate with us.

17. Disclaimers

THE SERVICES AND THE FEED MEDIA CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY RESULTS, REVENUE, GROWTH, LEADS, ENGAGEMENT, DELIVERABILITY, RANKINGS, AUDIENCE RESPONSE, OR BUSINESS OUTCOME WILL BE ACHIEVED.

THE SERVICES MAY INCLUDE BUSINESS, MARKETING, CONTENT, STRATEGY, EDUCATIONAL, OR INFORMATIONAL MATERIALS. SUCH MATERIALS ARE NOT LEGAL, TAX, FINANCIAL, ACCOUNTING, OR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR YOUR BUSINESS DECISIONS, COMPLIANCE OBLIGATIONS, AND RESULTS.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE FEED MEDIA AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE FEED MEDIA FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE THREE MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

19. Release

To the fullest extent permitted by law, you release The Feed Media and its owners, officers, directors, employees, contractors, agents, partners, affiliates, and service providers from claims, demands, liabilities, damages, losses, and expenses arising out of or related to disputes between you and third parties, your use of third-party services, or the acts or omissions of third parties.

If you are a California resident, you waive California Civil Code Section 1542, which says that a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected their settlement with the debtor or released party.

20. Data Processing and International Transfer

By accessing or using the Services, you consent to the processing, transfer, and storage of information in the United States and other countries where we or our service providers operate. For more information, please review our Privacy Policy.

21. Export, Sanctions, and Anti-Corruption Compliance

You agree to comply with all applicable export control, sanctions, anti-boycott, anti-bribery, and anti-corruption laws and regulations. You may not access or use the Services if doing so would violate applicable sanctions or export control laws, including if you are located in a jurisdiction where providing the Services is prohibited by law or if you are identified on a restricted party list.

You represent that you are not prohibited from receiving the Services under applicable law and that you will not use the Services to facilitate illegal payments, bribes, kickbacks, or other improper benefits.

22. Government Use

If the Services are acquired by or on behalf of a U.S. government agency, the Services and related materials are "commercial products," "commercial services," "commercial computer software," or "commercial computer software documentation," as applicable, and the government's rights are limited to those granted to other users under these Terms and any applicable written agreement.

23. Dispute Resolution and Binding Arbitration

Please read this section carefully. It requires certain disputes to be resolved by binding arbitration and limits the way you can seek relief from us.

Except for disputes that qualify for small claims court or disputes seeking injunctive or equitable relief for unauthorized use of intellectual property or confidential information, you and The Feed Media agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through final and binding arbitration administered by JAMS under its applicable rules.

You and The Feed Media waive the right to a jury trial and agree that any dispute will be brought only on an individual basis, and not as a class action, class arbitration, consolidated action, private attorney general action, or other representative proceeding.

The arbitration will take place in New York County, New York, unless the parties agree otherwise. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision to the fullest extent permitted by law. The arbitrator may award any relief available in court on an individual basis, but may not conduct a class or representative proceeding.

Any claim arising out of or relating to these Terms or the Services must be filed within one year after the claim arose, unless applicable law requires a longer period. Claims filed after that period are permanently barred to the fullest extent permitted by law.

You may opt out of this arbitration provision within thirty (30) days after first accepting these Terms by emailing nathan@thefeedmedia.com with your full name and a clear statement that you want to opt out of arbitration.

24. Governing Law and Venue

These Terms and your access to and use of the Services are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to the arbitration provision above, any dispute that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.

25. Changes to These Terms

We may update these Terms from time to time. If we make changes, we will update the "Last Updated" date above and may provide notice through the Services, by email, or by other reasonable means. Unless stated otherwise, updated Terms are effective when posted. Your continued use of the Services after updated Terms become effective means you accept the updated Terms.

26. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, failed to pay amounts owed, created risk for us or others, or if we discontinue a Service. You may stop using the Services at any time, subject to any payment, cancellation, confidentiality, ownership, or other continuing obligations.

Sections that by their nature should survive termination will survive, including provisions regarding ownership, licenses, payment obligations, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and miscellaneous terms.

27. Severability

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed from these Terms, and the remaining provisions will remain in full force and effect.

28. Miscellaneous

These Terms, together with any applicable written agreement, order form, statement of work, invoice, program terms, or additional terms, constitute the entire agreement between you and The Feed Media regarding the Services. Any purchase order or similar document submitted by you with additional or conflicting terms is rejected unless expressly accepted by us in writing.

Our failure to enforce any provision of these Terms is not a waiver. Section headings are for convenience only and have no legal effect. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and The Feed Media. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

These Terms may be accepted electronically and electronic signatures, clicks, confirmations, and records will have the same legal effect as originals.

29. Contact Us

If you have questions about these Terms, contact us at: