Terms of Service

Last Updated: 2/3/25

Welcome to MKM LLC ("MKM")! By purchasing a subscription plan, creating an account, or using our services, you ("Client") agree to these Terms of Service ("Agreement"). Please read them carefully before proceeding.

1. Acceptance of Terms

By subscribing to an MKM plan, creating an account, or using our services, you agree to these Terms of Service. If you do not agree, do not use our services.

How You Accept These Terms:

• By checking the box at checkout that says "I agree to the Terms of Service."
• By continuing to use our services after updates to these Terms.

2. Subscription Plans & Payments

2.1 Subscription & Auto-Renewal

• MKM operates on a monthly subscription basis.
• Your subscription renews automatically unless canceled before the next billing cycle.

2.2 Payment Terms

• Subscription fees are charged monthly in advance.
• All payments are non-refundable, including if you cancel before the billing period ends.
• If a payment fails, MKM may suspend or terminate your access to services.

2.3 Price Adjustments

• MKM reserves the right to adjust pricing with 30 days' notice via email.

3. Cancellation & Termination

3.1 Client Cancellation

• You may cancel anytime by contacting support.
• Cancellation takes effect at the end of the current billing cycle (no partial-month refunds).

3.2 MKM Termination Rights

• MKM may terminate or suspend your account for:
  • Non-payment.
  • Violation of these Terms.
  • Engaging in fraudulent or abusive behavior.

4. Intellectual Property (IP) & Deliverables

4.1 Ownership of Work

• Upon full payment, all deliverables created by MKM are assigned to you.

4.2 Portfolio & Marketing Use

• MKM may feature completed work in its portfolio and marketing materials, unless you opt out by emailing info@mkm.digital.

5. Service Levels & Client Responsibilities

5.1 Service Levels

• MKM will respond to support inquiries within 2 business days.

5.2 Client Responsibilities

• You agree to provide necessary materials (brand assets, approvals, feedback, etc.) on time.
• Delays caused by Client do not delay billing but may impact project timelines.

6. Liability & Disclaimers

6.1 Limitation of Liability

• MKM’s maximum liability under this Agreement is limited to the total amount paid by you in the last three (3) months.
• MKM is not liable for indirect, incidental, or consequential damages, including lost profits or data.

6.2 Disclaimers

• MKM does not guarantee specific results from marketing efforts.
• Services are provided "as is" and "as available", without warranties.

7. Non-Solicitation

• You agree not to solicit, hire, or attempt to hire MKM employees or contractors during the term and for 12 months following termination of this Agreement.

8. Dispute Resolution & Governing Law

8.1 Mediation & Arbitration

• Any dispute will first be resolved through mediation or arbitration in Maine.

8.2 Court Jurisdiction

• If mediation fails, disputes shall be litigated exclusively in state or federal courts in Maine.
• This Agreement is governed by the laws of the State of Maine.

9. Force Majeure

• Neither party is liable for delays due to events beyond their control, including natural disasters, government actions, or internet outages.

10. Changes to These Terms

• MKM may update these Terms at any time.
• Continued use of services after an update constitutes acceptance of the new Terms.
• Significant changes will be communicated via email.

11. Contact Information

For any questions about these Terms, please contact info@mkm.digital.